Home > 104th Congressional Public Laws > Pub.L. 104-108 To designate the Federal building located at 1221 Nevin Avenue in Richmond, California, as the ``Frank Hagel Federal Building''. <> ...
Pub.L. 104-108 To designate the Federal building located at 1221 Nevin Avenue in Richmond, California, as the ``Frank Hagel Federal Building''. <> ...
Sec. 525. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as are other committees
pursuant to subsection (c) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
authorization requirement
Sec. 526. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956.
opposition to assistance to terrorist countries by international
financial institutions
Sec. 527. (a) Instructions for United States Executive Directors.--
The Secretary of the Treasury shall instruct the
[[Page 110 STAT. 730]]
United States Executive Director of each international financial
institution designated in subsection (b), and the Administrator of the
Agency for International Development shall instruct the United States
Executive Director of the International Fund for Agriculture
Development, to use the voice and vote of the United States to oppose
any loan or other use of the funds of the respective institution to or
for a country for which the Secretary of State has made a determination
under section 6(j) of the Export Administration Act of 1979.
(b) Definition.--For purposes of this section, the term
``international financial institution'' includes--
(1) the International Bank for Reconstruction and
Development, the International Development Association, and the
International Monetary Fund; and
(2) wherever applicable, the Inter-American Development
Bank, the Asian Development Bank, the African Development Bank,
the African Development Fund, and the European Bank for
Reconstruction and Development.
prohibition on bilateral assistance to terrorist countries
Sec. 527A. (a) Notwithstanding any other provision of law, funds
appropriated for bilateral assistance under any heading of this Act and
funds appropriated under any such heading in a provision of law enacted
prior to enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism, or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. <<NOTE: President. Federal
Register, publication.>> The President shall publish each waiver in the
Federal Register and, at least fifteen days before the waiver takes
effect, shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with the
regular notification procedures of the Committees on Appropriations.
commercial leasing of defense articles
Sec. 528. <<NOTE: 22 USC 2763 note.>> Notwithstanding any other
provision of law, and subject to the regular notification requirements
of the Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to Israel,
Egypt and NATO and major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense articles from
United States commercial suppliers, not including Major Defense
Equipment (other than helicopters and other types of aircraft having
possible civilian application), if the President determines that there
are compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.
[[Page 110 STAT. 731]]
competitive insurance
Sec. 528A. All Agency for International Development contracts and
solicitations, and subcontracts entered into under such contracts, shall
include a clause requiring that United States insurance companies have a
fair opportunity to bid for insurance when such insurance is necessary
or appropriate.
stingers in the persian gulf region
Sec. 529. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990, the United States may not sell or otherwise make available any
Stingers to any country bordering the Persian Gulf under the Arms Export
Control Act or chapter 2 of part II of the Foreign Assistance Act of
1961.
debt-for-development
Sec. 530. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the Agency for
International Development may place in interest bearing accounts funds
made available under this Act or prior Acts or local currencies which
accrue to that organization as a result of economic assistance provided
under title II of this Act and any interest earned on such investment
may be used for the purpose for which the assistance was provided to
that organization.
competitive pricing for sales of defense articles <<NOTE: contracts.>>
Sec. 531A. (a) Costing Basis.--Section 22 of the Arms Export Control
Act (22 U.S.C. 2762) is amended by adding at the end the following:
``(d) Competitive Pricing.--Procurement contracts made in
implementation of sales under this section for defense articles and
defense services wholly paid for from funds made available on a
nonrepayable basis shall be priced on the same costing basis with regard
to profit, overhead, independent research and development, bid and
proposal, and other costing elements, as is applicable to procurements
of like items purchased by the Department of Defense for its own use.''.
(b) <<NOTE: 22 USC 2762 note.>> Effective Date and Implementing
Regulations.--Section 22(d) of the Arms Export Control Act, as added by
subsection (a)--
(1) shall take effect on the 60th day following the date of
the enactment of this Act;
(2) shall be applicable only to contracts made in
implementation of sales made after such effective date; and
(3) shall be implemented by revised procurement regulations,
which shall be issued prior to such effective date.
(c) <<NOTE: 22 USC 2762 note.>> Direct Costs Allowable.--Direct
costs associated with meeting a foreign customer's additional or unique
requirements will continue to be allowable under such contracts.
Loadings applicable to such direct costs shall be permitted at the same
rates applicable to procurement of like items purchased by the
Department of Defense for its own use.
[[Page 110 STAT. 732]]
stockpiles of defense articles
Sec. 531B. (a) Limitation on Value of Additions.--Section 514(b)(1)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(1)) is amended
by inserting ``or in the implementation of agreements with Israel''
after ``North Atlantic Treaty Organization''.
(b) Additions in Fiscal Years 1996 and 1997.--Section 514(b)(2) of
such Act (22 U.S.C. 2321h(b)(2)) is amended to read as follows:
``(2)(A) The value of such additions to stockpiles of defense
articles in foreign countries shall not exceed $50,000,000 for each of
the fiscal years 1996 and 1997.
``(B) Of the amount specified in subparagraph (A) for each of the
fiscal years 1996 and 1997, not more than $40,000,000 may be made
available for stockpiles in the Republic of Korea and not more than
$10,000,000 may be made available for stockpiles in Thailand.''.
(c) Location of Stockpiles of Defense Authorities.--Section 514(c)
of such Act (22 U.S.C. 2321h(c)) is amended to read as follows:
``(c) Location of Stockpiles of Defense Articles.--
``(1) Limitation.--Except as provided in paragraph (2), no
stockpile of defense articles may be located outside the
boundaries of a United States military base or a military base
used primarily by the United States.
``(2) Exceptions.--Paragraph (1) shall not apply with
respect to stockpiles of defense articles located in the
Republic of Korea, Thailand, any country that is a member of the
North Atlantic Treaty Organization, any country that is a major
non-NATO ally, or any other country the President may designate.
At least 15 days before designating a country
pursuant <<NOTE: President.>> to the last clause of the
preceding sentence, the President shall notify the congressional
committees specified in section 634A(a) in accordance with the
procedures applicable to reprogramming notifications under that
section.''.
separate accounts
Sec. 532. <<NOTE: 22 USC 2359 note.>> (a) Separate Accounts for
Local Currencies.--(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Administrator
of the Agency for International Development shall--
(A) require that local currencies be deposited in a separate
account established by that government;
(B) <<NOTE: Contracts.>> enter into an agreement with that
government which sets forth--
(i) the amount of the local currencies to be
generated, and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development and
that government to monitor and account for deposits into and
disbursements from the separate account.
[[Page 110 STAT. 733]]
(2) Uses of Local Currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local currencies,
shall be used only--
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities, or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United States
Government.
(3) Programming Accountability.--The Agency for International
Development shall take all appropriate steps to ensure that the
equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of Assistance Programs.--Upon termination of
assistance to a country under chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Conforming Amendments.--The provisions of this subsection shall
supersede the tenth and eleventh provisos contained under the heading
``Sub-Saharan Africa, Development Assistance'' as included in the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 and sections 531(d) and 609 of the Foreign
Assistance Act of 1961.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is made
available to the government of a foreign country, under chapters 1 or 10
of part I or chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the Committee
of Conference accompanying House Joint Resolution 648 (H. Report No. 98-
1159).
(3) <<NOTE: President.>> Notification.--At least fifteen days prior
to obligating any such cash transfer or nonproject sector assistance,
the President shall submit a notification through the regular
notification procedures of the Committees on Appropriations, which shall
include a detailed description of how the funds proposed to be made
available will be used, with a discussion of the United States interests
that will be served by the assistance (including, as appropriate, a
description of the economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the notification
procedures of the Committees on Appropriations.
[[Page 110 STAT. 734]]
compensation for united states executive directors to international
financial institutions
Sec. 533. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code, or
while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
compliance with united nations sanctions against iraq
Sec. 534. <<NOTE: 50 USC 1701 note.>> (a) Denial of Assistance.--
None of the funds appropriated or otherwise made available pursuant to
this Act to carry out the Foreign Assistance Act of 1961 (including
title IV of chapter 2 of part I, relating to the Overseas Private
Investment Corporation) or the Arms Export Control Act may be used to
provide assistance to any country that is not in compliance with the
United Nations Security Council sanctions against Iraq, Serbia or
Montenegro unless the President determines and so certifies to the
Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
(b) Import Sanctions.--If the President considers that the taking of
such action would promote the effectiveness of the economic sanctions of
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