the Balanced Budget and Emergency Deficit Control Act of 1985, and the Budget Enforcement Act of 1990.492

(2) NUCLEAR REACTOR SAFETY AND RELATED ACTIVITIES.—Any provision that corresponds to section 510 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (relating to the prohibition on financing exports of nuclear equipment, fuel, and technology) 493 shall not apply with respect to funds used pursuant to this chapter. (k) DEFINITIONS.

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.-As used in this chapter, 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.

(2) INDEPENDENT STATES OF THE FORMER SOVIET UNION.—AS used in this chapter, the terms "independent states of the former Soviet Union" and "independent states" have the meaning given those terms by section 3 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992.

SEC. 498C.494 AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.-To carry out this chapter, there are authorized to be appropriated to the President for fiscal year 1993 $410,000,000, in addition to amounts otherwise available for assistance for the independent states of the former Soviet Union. Amounts appropriated pursuant to this subsection are authorized to remain available until expended.495

492 Public Law 97-258 (96 Stat. 877 at 923), Public Law 93-344 (88 Stat. 297), Public Law 99-177 (99 Stat. 1037), and title XIII of Public Law 101-508 (104 Stat. 1388-573), respectively. 493 Sec. 510 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2003), is restated currently by sec. 506 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 Stat. 1625).

494 22 U.S.Č. 2295c.

495 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. 1615) provided the following:

'ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE FORMER SOVIET UNION

"(a) For necessary expenses to carry out the provisions of chapter 11 of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support Act, for assistance for the new independent states of the former Soviet Union and for related programs, $850,000,000, to remain available until expended: Provided, That the provisions of 498B(j) of the Foreign Assistance Act of 1961 shall apply to funds appropriated by this paragraph.

"(b) None of the funds appropriated under this heading shall be transferred to the Government of Russia

"(1) unless that Government is making progress in implementing comprehensive economic reforms based on market principles, private ownership, negotiating repayment of commercial debt, respect for commercial contracts, and equitable treatment of foreign private investment; and

"(2) if that Government applies or transfers United States assistance to any entity for the purpose of expropriating or seizing ownership or control of assets, investments, or ventures. "(c) Funds may be furnished without regard to subsection (b) if the President determines that to do so is in the national interest.

"(d) None of the funds appropriated under this heading shall be made available to any government of the new independent states of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty of any other new independent state, such as those violations included in Principle Six of the Helsinki Final Act: Provided, That such funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national interest of the United States: Provided

(b) OPERATING EXPENSES.—

(1) AUTHORITY TO TRANSFER PROGRAM FUNDS.-Subject to paragraph (2), funds made available under subsection (a) may be transferred to, and merged with, funds appropriated for "Operating Expenses of the Agency for International Development". Funds so transferred may be expended for administrative costs in carrying out this chapter, including reimbursement of the Department of State for its incremental costs associated with assistance provided under this chapter.

further, That the restriction of this subsection shall not apply to the use of such funds for the provision of assistance for purposes of humanitarian, disaster and refugee relief.

"(e) None of the funds appropriated under this heading for the new independent states of the former Soviet Union shall be made available for any state to enhance its military capability: Provided, That this restriction does not apply to demilitarization, defense conversion or non-proliferation programs, or programs to support troop withdrawal including through the support of an officer resettlement program, and technical assistance for the housing sector.

"Funds appropriated under this heading shall be subject to the regular procedures of the Committees on Appropriations.

"(g) Funds made available in this Act for assistance to the new independent states of the former Soviet Union shall be subject to the provisions of section 117 (relating to environment and natural resources) of the Foreign Assistance Act of 1961.

"(h) Funds appropriated under this heading may be made available for assistance for Mongolia.

"(i) Funds made available in this Act for assistance to the new independent states of the former Soviet Union shall be provided to the maximum extent feasible through the private sector, including private voluntary organizations and nongovernmental organizations functioning in the new independent states.

") of the funds appropriated under this heading, not less than $15,000,000 should be available only for a family planning program for the new independent states of the former Soviet Union comparable to the family planning program currently administered by the Agency for International Development in the Central Asian Republics and focusing on population assistance which provides an alternative to abortion.

"(k) of the funds appropriated under this heading, not less than $150,000,000 should be made available for programs for Ukraine: Provided, That of these funds not less than $25,000,000 should be made available for land privatization activities and development of small and medium size businesses, including agriculture enterprises.

") of the funds made available by this or any other Act, not less than $75,000,000 should be made available for programs and activities for Armenia.

"(m) of the funds made available by this or any other Act, not less than $50,000,000 should be made available for programs and activities for Georgia.

"n) The President should establish a Trans-Caucasus Enterprise Fund.

"o) The report required by subsection (d) under the heading 'Assistance for the New Independent States of the Former Soviet Union', contained in Public Law 102-391, shall be updated at least annually and shall also contain a listing of all grants and contracts issued from funds appropriated annually for the new independent states of the former Soviet Union, to include for each grant and contract (1) a description of its purpose, (2) its amount, and (3) the country where the grant or contract funds are to be expended.

"(p) Not less than $50,000,000 of the funds appropriated under this heading should be made available for programs and activities which match United States private sector resources with Federal funds.

"(q) Within sixty days of enactment of this Act, the Administrator of the Agency for International Development shall report to the Committees on Appropriations on steps being taken to include individuals and organizations with language or regional expertise in the provision of assistance to the new independent states of the former Soviet Union.

"(r) of the funds appropriated under this heading and under the heading 'Assistance for Eastern Europe and the Baltic States', not to exceed $30,000,000 shall be made available for police training and exchanges, and investigative and technical assistance activities related to international criminal activities.

"(s) of the funds appropriated under this heading, not less than 50 percent should be made available for country specific activities within bilateral, regional, or multilateral programs, except as provided through the regular notification procedures of the Committees on Appropriations.".

See also the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3320).

(2) 496 LIMITATION ON AMOUNT TRANSFERRED.-Not more than 2 percent of the funds made available for a fiscal year under subsection (a) may be transferred pursuant to paragraph (1) unless, at least 15 days before transferring any additional amount, the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A of this Act. PART II 497

Chapter 1-Policy 498

Sec. 501.499 Statement of Policy.-The Congress of the United States reaffirms the policy of the United States to achieve international peace and security through the United Nations so that armed force shall not be used except for individual or collective self-defense. The Congress hereby finds that the efforts of the United States and other friendly countries to promote peace and security continue to require measures of support based upon the principle of effective self-help and mutual aid. It is the purpose of this part to authorize measures in the common defense against internal and external aggression, including the furnishing of military assistance, upon request, to friendly countries and international organizations. In furnishing such military assistance, it remains the policy of the United States to continue to exert maximum efforts to achieve universal control of weapons of mass destruction and universal regulation and reduction of armaments, including armed forces, under adequate safeguards to protect complying countries against violation and invasion.

The Congress recognizes that the peace of the world and the security of the United States are endangered so long as hostile countries 500 continue by threat of military action, by the use of economic pressure, and by internal subversion, or other means to attempt to bring under their domination peoples now free and independent and continue to deny the rights of freedom and self-government to peoples and countries once free but now subject to such domination.

It is the sense of the Congress that an important contribution toward peace would be made by the establishment under the Organization of American States of an international military force.

496 Section 3(b) of Executive Order 12884 of December 1, 1993 (58 F.R. 64099; December 3, 1993) delegated to the International Development Cooperation Agency those functions conferred upon the President in section 498C(b)(2). This delegation of authority is subject to the authority of the Coordinator (as established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812) under sec. 102 of that Act.

497 Sec. 594(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1692), inserted a chapter 12 at the end of Part I, preceding this note, to provide for the Enterprise for the Americas Initiative. Sec. 602(b) of the Jobs Through Exports Act of 1992 (Public Law 102-549; 106 Stat. 3669), struck out this amendment, however, and inserted "Part IV-Enterprise for the Americas Initiative" beginning at sec. 701 of this Act.

498 Sec. 201(a) of the FA Act of 1963 struck out the words "Short Title and" in the chapter heading which formerly read "Short Title and Policy".

499 22 U.S.C. 2301. Former sec. 502 was designated sec. 501 by sec. 201(aX1) of the FA Act of 1967. Former sec. 501, which related to the short title, was repealed by sec. 201(b) of the FA Act of 1963.

500 Sec. 705(1XA) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2317) struck out "international communism and the countries it controls" and inserted in lieu thereof "hostile countries".

In enacting this legislation, it is therefore the intention of the Congress to promote the peace of the world and the foreign policy, security, and general welfare of the United States by fostering an improved climate of political independence and individual liberty, improving the ability of friendly countries and international organizations to deter or, if necessary, defeat 501 aggression, facilitating arrangements for individual and collective security, assisting friendly countries to maintain internal security, and creating an environment of security and stability in the developing friendly countries essential to their more rapid social, economic, and political progress. The Congress urges that all other countries able to contribute join in a common undertaking to meet the goals stated in this part.

It is the sense of the Congress that in the administration of this part priority shall be given to the needs of those countries in danger of becoming victims of 502 aggression or in which the internal security is threatened by internal subversion inspired or supported by hostile countries.

Finally, the Congress reaffirms its full support of the progress of the members of the North Atlantic Treaty Organization toward increased cooperation in political, military, and economic affairs. In particular, the Congress welcomes the steps which have been taken to promote multilateral programs of coordinated procurement, research, development, and production of defense articles and urges that such programs be expanded to the fullest extent possible to further the defense of the North Atlantic area.

Sec. 502,503 Utilization of Defense Articles and Services.— Defense articles and defense services 504 to any country shall be furnished solely for internal security, for legitimate self-defense, to permit the recipient country to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the recipient country to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring international peace and security,505 or for the purpose of assisting foreign military forces in less developed friendly countries (or the voluntary efforts of personnel of the Armed Forces of the United States in such countries) to construct public works and to engage in other activities helpful to the economic and social development of such friendly countries. It is the sense of the Congress that such foreign military forces should not be maintained or established solely for civic action activities and that such civic action activities not significantly detract from the capability of the military forces to perform their military mis

501 Sec. 705(1XB) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2317) struck out "Communist or Communist-supported" from this point.

502 Sec. 705(1XC) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2317) struck out "active Communist or Communist-supported aggression or those countries in which the internal security is threatened by Communist-inspired or Communist-supported internal subversion." and inserted in lieu thereof "aggression or in which the internal security is threatened by internal subversion inspired or supported by hostile countries.". This paragraph was added originally by sec. 201(a)(2) of the FA Act of 1967.

503 22 U.S.C. 2302. Former subsec. (a) of sec. 505 was redesignated sec. 502 by sec. 201(dx1) of the FA Act of 1967.

504 The words to this point were substituted for "Utilization of Assistance.—(a) Military assistance" by sec. 201(dX2) of the FA Act of 1967.

505 Sec. 201(cX1) of the FA Act of 1965 struck out a colon and added the remainder of this section from this point.

sions and be coordinated with and form part of the total economic and social development effort.

Sec. 502A.506 Excess Defense Articles.-Excess defense articles shall be provided whenever possible rather than providing such articles by the procurement of new items.

Sec. 502B.507 Human Rights.-(a)(1) 508 The United States shall, in accordance with its international obligations as set forth in the Charter of the United Nations and in keeping with the constitutional heritage and traditions of the United States, promote and encourage increased respect for human rights and fundamental freedoms throughout the world without distinction as to race, sex, language, or religion. Accordingly, a principal goal of the foreign policy of the United States shall be to promote the increased observance of internationally recognized human rights by all countries.

(2) 509 Except under circumstances specified in this section, no security assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights. Security assistance may not be provided to the police, domestic intelligence, or similar law enforcement forces of a country, and licenses may not be issued under the Export Administration Act of 1979 510 for the export of crime control and detection instruments and equipment to a country, the government of which engages in a consistent pattern of gross violations of internationally recognized human rights unless the President certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate and the chairman of the Committee on Banking, Housing, and Urban Affairs of the Senate (when licenses are to be issued pursuant to the Export Administration Act of 1979), that ex

506 22 U.S.C. 2303. Sec. 502A was added by sec. 12(a) of the FA Act of 1973.

507 22 U.S.C. 2304. Sec. 502B, which was added by sec. 46 of the FA Act of 1974, was amended by sec. 301(a) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 748), and by the Export Administration Amendments Act of 1985 (Public Law 99-64; 99 Stat. 156.) It formerly read as follows:

"SEC. 502B. Human Rights.-It is the sense of Congress that except in extraordinary circumstances, the President shall substantially reduce or terminate security assistance to any government which engages in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhuman or degrading treatment or punishment; prolonged detention without charges; or other flagrant denials of the right to life, liberty, and the security of the person.

"(b) Whenever proposing or furnishing security assistance to any government falling within the provisions of paragraph (a), the President shall advise the Congress of the extraordinary circumstances necessitating the assistance.

"(c) In determining whether or not a government falls within the provisions of subsection (a), consideration shall be given to the extent of cooperation by such government in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations, including the International Committee of the Red Cross and anybody acting under the authority of the United Nations or of the Organization of American States.

"(d) For purposes of this section, 'security assistance' means assistance under chapter 2 (military assistance) or chapter 4 (security supporting assistance) of this part, assistance under part V (Indochina Postwar Reconstruction) or part VI (Middle East Peace) of this Act, sales under the Foreign Military Sales Act, or assistance for public safety under this or any other Act.".

508 Par. (1) was amended and restated by sec. 6(a) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 731).

508 The words "It is further the policy of the United States that," which previously appeared at this point, were struck by sec. 6(b) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 731).

510 The reference to the Export Administration Act of 1979 was inserted in lieu of a reference to the Export Administration Act of 1969 by sec. 704 of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3157).