$50,000,000 for each of the fiscal years 2001 and 2002 to be available only for United States contributions to the Global Alliance for Vaccines and Immunizations.

(1) 425 In addition to amounts otherwise available under this section, there is authorized to be appropriated to the President $10,000,000 for each of the fiscal years 2001 and 2002 to be available only for United States contributions to the International AIDS Vaccine Initiative.

Sec. 303.426 Indus Basin Development.-In the event that funds made available under this Act (other than part II) are used by or under the supervision of the International Bank for Reconstruction and Development in furtherance of the development of the Indus Basin through the program of cooperation among South Asian and other countries of the free world, which is designed to promote economic growth and political stability in South Asia, such funds may be used in accordance with requirements, standards, or procedures established by the Bank concerning completion of plans and cost estimates and determination of feasibility, rather than with requirements, standards, or procedures concerning such matters set forth in this or other Acts; and such funds may also be used without regard to the provisions of section 901(b) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1241),427 whenever the President determines that such provisions cannot be fully satisfied without seriously impeding or preventing accomplishment of the purposes of such programs: Provided, That compensating allowances are made in the administration of other programs to the same or other areas to which the requirements of said section 901(b) are applicable.

Sec. 304.428 United Nations Peacekeeping. * * * [Repealed1978]

Sec. 305.429 Integration of Women.-The President is requested to instruct each representative of the United States to each international organization of which the United States is a member (including but not limited to the International Bank for Reconstruction and Development, the Asian Development Bank, the InterAmerican Development Bank, the International Monetary Fund, the United Nations, and the Organization for Economic Cooperation and Development) to carry out their duties with respect to such organizations in such a manner as to encourage and promote the integration of women into the national economies of member and recipient countries and into professional and policy-making positions within such organizations, thereby improving the status of women. The President is further requested, in making United States contributions to such organizations, to take into account the progress, or lack of progress, of such organizations in adopting and implementing policies and practices which encourage and promote the integration of women into the national economies of member

"(5) making immunization coverage a centerpiece in international development efforts.". 426 22 U.S.C. 2223.

427 For text, see Legislation on Foreign Relations Through 2001, vol. I-B.

428 Sec. 304, as added by the FA Act of 1967, was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

429 22 U.S.C. 2225. Sec. 305 was added by sec. 54 of the FA Act of 1974, which inserted it at the end of part III, chapter 3. Sec. 313(b) of Public Law 94-161 reinserted it at the end of part I, chapter 3.

and recipient countries, and into professional and policy-making positions within such organizations, in accordance with the World Plan of Action of the Decade for Women.430

Sec. 306.431 Reports on International Organizations.-The annual reports to the Congress under section 2 of the Act of September 21, 1950 (64 Stat. 902, 22 U.S.C. 262a), shall be submitted within nine months after the end of the fiscal year to which they relate.

Sec. 307.432 Withholding of United States Proportionate Share for Certain Programs of International Organizations. (a) Notwithstanding any other provision of law, none of the funds authorized to be appropriated by this chapter shall be available for the United States proportionate share for programs for Burma, Iraq, North Korea, Syria,433 Libya, Iran, Cuba, or the Pal

430 This sentence was added by sec. 118(b) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 540).

431 22 U.S.C. 2226. Sec. 306 was added by sec. 703 of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3157). Sec. 1301(b) of the Federal Reports Elimination Act of 1998 (Public Law 105-362; 112 Stat. 3293) struck out subsec. designation "(a)" in this para., and striking out subsec. (b), which had required the President to submit semiannual reports to the Congress listing all U.S. Government voluntary contributions to international organizations. Pursuant to Executive Order 12374 (July 28, 1982; 47 F.R. 32903), those reporting responsibilities had been delegated to the Secretary of State.

432 22 U.S.C. 2227. Sec. 307 was added by sec. 403 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 219).

The Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2143 and 2155), provided:

"LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND PROGRAMS "SEC. 516. Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under this Act or any previously enacted Act making appropriations for foreign operations, export financing, and related programs, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain available for obligation until September 30, 2003.

*

"LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA

"SEC. 546. None of the funds appropriated by this Act may be obligated for assistance for the Palestine Liberation Organization for the West Bank and Gaza unless the President has exercised the authority under section 604(a) of the Middle East Peace Facilitation Act of 1995 (title VI of Public Law 104-107) or any other legislation to suspend or make inapplicable section 307 of the Foreign Assistance Act of 1961 and that suspension is still in effect: Provided, That if the President fails to make the certification under section 604(b)(2) of the Middle East Peace Facilitation Act of 1995 or to suspend the prohibition under other legislation, funds appropriated by this Act may not be obligated for assistance for the Palestine Liberation Organization for the West Bank and Gaza.".

433 Sec. 431(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459) struck out "the South-West Africa People's Organization" and inserted "Burma, Iraq, North Korea, Syria”.

Sec. 431(b) of Public Law 103-236 (108 Stat. 459) further provided the following: "(b) UNITED NATIONS DEVELOPMENT PROGRAM.—

"(1) Except as provided in paragraphs (2) and (3), for fiscal years 1994 and 1995 none of the funds made available for United Nations Development Program or United Nations Development Program-Administered Funds shall be available for programs and activities in or for Burma.

"(2) Of the funds made available for United Nations Development Program and United Nations Development Program-Administered Funds for fiscal year 1994, $11,000,000 may be available only if the President certifies to the Congress that the United Nations Development Program's programs and activities in or for Burma promote the enjoyment of internationally guaranteed human rights in Burma and do not benefit the State Law and Order Restoration Council (SLORC) military regime.

"(3) Of the funds made available for United Nations Development Program and United Nations Development Program-Administered Funds for fiscal year 1995, $27,600,000 may be available only if the President certifies to the Congress that

"(A) the United Nations Development Program has approved or initiated no new programs and no new funding for existing programs in or for Burma since the United Nations Development Program Governing Council (Executive Board) meeting of June 1993, "(B) such programs address unforeseen urgent humanitarian concerns, or

estine Liberation Organization or for projects whose purpose is to provide benefits to the Palestine Liberation Organization or entities associated with it,434 or at the discretion of the President, Communist countries listed in section 620(f) of this Act.435

(b) The Secretary of State

(1) shall review, at least annually, the budgets and accounts of all international organizations receiving payments of any funds authorized to be appropriated by this chapter; and

(2) shall report to the appropriate committees of the Congress the amounts of funds expended by each such organization for the purposes described in subsection (a) and the amount contributed by the United States to each such organization.

"(C) a democratically elected government in Burma has agreed to such programs.". 434 Sec. 3 of the Middle East Peace Facilitation Act of 1993, as amended (Public Law 103125; 107 Stat. 1309), authorized the President to suspend certain provisions of law, including sec. 307 of this Act, as they applied to the P.L.O. or entities associated with it if certain conditions were met and the President so certified and consulted with relevant congressional committees. This authority was continued in this Act, and in the Middle East Peace Facilitation Act of 1995, (title VI of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996; Public Law 104-107).

The President issued certifications, as provided for in the 1993, 1994, and 1995 Acts, in Presidential Determination No. 94-13 of January 14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607); until July 1, 1995, by Presidential Determination No. 95-12 of December 31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October 1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60 F.R. 44725); until November 1, 1995, by Presidential Determination No. 95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995, by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R. 57821); until March 31, 1996, by Presidential Determination No. 968 of January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August 12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61 F.R. 32629); until February 12, 1997, by Presidential Determination No. 96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by Presidential Determination No. 97-17 of February 21, 1997 (62 F.R. 9903).

Authority to waive certain provisions is continued in general provisions of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115); see secs. 534(d), 546, 549, and 555 (115 Stat. 2151, 2155, 2156, and 2160, respectively). See also sec. 566 (115 Stat. 2164), requiring a report on PLO compliance, and sec. 569 (115 Stat. 2166), prohibiting assistance to the Palestinian Broadcasting Corporation.

On December 5, 1997, the President waived the provisions of section 1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through June 4, 1998 (Presidential Determination No. 98-8; 62 F.R. 66255); further waived through November 26, 1998 (Presidential Determination No. 98-29; June 3, 1998; 63 F.R. 32711); through May 24, 1999 (Presidential Determination No. 98-5; November 25, 1998; 63 F.R. 68145); through October 21, 1999 (Presidential Determination No. 99-25; May 24, 1999; 64 F.R. 29537); through April 21, 2000 (Presidential Determination 00-2; October 21, 1999; 64 F.R. 58755); through October 21, 2000 (Presidential Determination No. 2000-19; April 21, 2000; 65 F.R. 24852); through October 17, 2001 (Presidential Determination No. 01-13; April 17, 2001; 66 F.R. 20585); through April 16, 2002 (Presidential Determination No. 2002-03; October 16, 2001; 66 F.R. 53505); and through October 16, 2002 (Presidential Determination No. 2002-14; April 16, 2002; 67 F.R. 20427).

or at

435 Sec. 516 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of Public Law 105-277; 112 Stat. 2681) added the discretion of the President, Communist countries listed in section 620(f) of this Act.". Sec. 516 of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2143), provides the following: "LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND PROGRAMS "SEC. 516. Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under this Act or any previously enacted Act making appropriations for foreign operations, export financing, and related programs, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain available for obligation until September 30, 2003.".

79-664 D-6

(c) 436 (1) Subject to paragraph (2), the limitations 437 of subsection (a) shall not apply to contributions to the International Atomic Energy Agency or the United Nations Children's Fund (UNICEF).

(2) 437 (A) Except as provided in subparagraph (B), with respect to funds authorized to be appropriated by this chapter and available for the International Atomic Energy Agency, the limitations of subsection (a) shall apply to programs or projects of such Agency in Cuba.

(B)(i) Subparagraph (A) shall not apply with respect to programs or projects of the International Atomic Energy Agency that provide for the discontinuation, dismantling, or safety inspection of nuclear facilities or related materials, or for inspections and similar activities designed to prevent the development of nuclear weapons by a country described in subsection (a).

(ii) Člause (i) shall not apply with respect to the Juragua Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro Pi Nuclear Research Center unless Cuba

(I) ratifies the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty for the Prohibition of Nuclear Weapons in Latin America (commonly known as the Treaty of Tlatelolco);

(II) negotiates full-scope safeguards of the International Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and

(III) incorporates internationally accepted nuclear safety standards.

Chapter 4-Supporting Assistance 438 [Repealed-1972]

Chapter 5-Contingencies 439

Sec. 451.440 Contingencies.439(a) 441 (1) Notwithstanding any other provision of law, the President is authorized to use 442 funds

436 Sec. 431(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459) added subsec. (c).

437 Sec. 2809(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 112 Stat. 2681) struck out "The limitations" and inserted in lieu thereof "(1) Subject to paragraph (2), the limitations". Sec. 2809(a)(2) of that Act added para. (2). See also sec. 2809(b) and (c) of that Act, in Legislation on Foreign Relations Through 2000, vol. II.

438 Sec. 202(b) of the FA Act of 1971 repealed chapter 4 of part I. This subject matter is now covered under chapter 4 of part II of this Act, Economic Support Fund.

439 Sec. 2 of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 701) changed the title of chapter 5 and sec. 451 from "Contingency Fund" to "Contingencies". Previously, sec. 503(1) of Public Law 94-329 substituted "Contingency Fund" for "Disaster Relief" in the title of chapter 5 while sec. 2(1) of Public Law 93-333 changed the title of chapter 5 from "Contingency Fund" to "Disaster Relief".

440 22 U.S.C. 2261. Sec. 451 was amended by sec. 28(c) of the FA Act of 1974. It formerly read as follows:

"Sec. 451. Contingency Fund (a) There is authorized to be appropriated to the President for each of the fiscal years 1974 and 1975 not to exceed $30,000,000, to provide assistance authorized by this part primarily for disaster relief purposes, in accordance with the provisions applicable to the furnishing of such assistance. (b) The President shall provide quarterly reports to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Speaker of the House of Representatives on the programing and the obligation of funds under subsection (a).".

441 Subsec. (a) was amended and restated by sec. 2 of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 701).

442 Sec. 588(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2056), struck out "not to exceed $10,000,000 of" and "in any fiscal year" at these points, respectively.

made available to carry out any provision of this Act (other than the provisions of chapter 1 of this part) in order to provide, for any unanticipated contingencies,443 assistance authorized by this part in accordance with the provisions applicable to the furnishing of such assistance, except that the authority of this subsection may not be used to authorize the use of more than $25,000,000 during any fiscal year.444

(2) The President shall report promptly to the Speaker of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate each time he exercises the authority contained in this subsection.

(b) 445 * * * [Repealed-1981]

(c) No part of this fund shall be used to pay for any gifts to any officials of any foreign government made heretofore or hereafter.446

Chapter 6-Central America Democracy, Peace, and
Development Initiative 447

Sec. 461.447, 448 Statement of Policy. (a) The Congress finds that

(1) the building of democracy, the restoration of peace, the improvement of living conditions, and the application of equal justice under law in Central America are important to the interests of the United States and the community of American States; and

(2) the interrelated issues of social and human progress, economic growth, political reform, and regional security must be effectively dealt with to assure a democratic and economically and politically secure Central America.

(b)(1) The achievement of democracy, respect for human rights, peace, and equitable economic growth depends primarily on the cooperation and the human and economic resources of the people and governments of Central America. The Congress recognizes that the United States can make a significant contribution to such peaceful and democratic development through a consistent and coherent pol

443 Sec. 588(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2056), struck out "emergency purposes" and inserted in lieu thereof "unanticipated contingencies".

444 Sec. 588(3) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2056), added ", except that the authority of this subsection may not be used to authorize the use of more than $25,000,000 during any fiscal year.".

Sec. 534(e) of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2151) provided the following: "SEC. 534. SPECIAL AUTHORITIES. ** *

"(e) During fiscal year 2002, the President may use up to $45,000,000 under the authority of section 451 of the Foreign Assistance Act, notwithstanding the funding ceiling in section 451(a).".

445 Subsec. (b), which had required a quarterly report from the President concerning the programing and obligation of funds under this section, was repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 446 Sec. 452, which was added by sec. 2(2) of the Foreign Disaster Assistance Act of 1974 (Public Law 93-333) and formerly appeared at this point, was redesignated as sec. 494 by Sec. 101(4) of Public Law 94-161 (89 Stat. 849).

447 Chapter 6, as enacted in the Foreign Assistance Act of 1961, titled: "Assistance to Countries Having Agrarian Economies", was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961). A new ch. 6 (sec. 461 through 466), was added by sec. 701 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 234).

448 22 U.S.C. 2271.