which the Secretary of State has made a determination under section 620A.

(b) WAIVER.-Assistance prohibited by this section may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including

(1) a statement of the determination;

(2) a detailed explanation of the assistance to be provided; (3) the estimated dollar amount of the assistance; and

(4) an explanation of how the assistance furthers United States national interests.

SEC. 620G.934 DEPLETED URANIUM AMMUNITION.

(a) PROHIBITION.-Except as provided in subsection (b), none of the funds made available to carry out this Act or any other Act may be made available to facilitate in any way the sale of M-833 antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than— (1) a country that is a member of the North Atlantic Treaty Organization;

(2) a country that has been designated as a major non-NATO ally (as defined in section 644(q)); or

(3) Taiwan.

(b) EXCEPTION.-The prohibition contained in subsection (a) shall not apply with respect to the use of funds to facilitate the sale of antitank shells to a country if the President determines that to do so is in the national security interest of the United States.

SEC. 620H.935 PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST STATES.

(a) PROHIBITION.

(1) IN GENERAL.-The President shall withhold assistance under this Act to the government of any country that provides lethal military equipment to a country the government of which the Secretary of State has determined is a terrorist government for the purposes of section 6(j) of the Export Adminis

934 22 U.S.C. 2378a. Sec. 149 of Public Law 104-164 (110 Stat. 1436) added this new sec. 620G. Sec. 325 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104132; 110 Stat. 1256) also added a new sec. 620G, prohibiting assistance to countries that aid terrorist states.

935 22 U.S.C. 2378. Sec. 326 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256) added sec. 620H. See also sec. 544 of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2155).

On September 27, 1999, the State Department issued a determination that "the Acting Secretary of State has made a determination pursuant to section 620H of the Foreign Assistance Act, section 551 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (Pub. L. 105-277) and the analogous provisions in prior year foreign operations, export financing, and related programs appropriations act. The Acting Secretary has concluded that publication of the determination would be harmful to the national security of the United States." (Department of State Public Notice 3129; 64 F.R. 53434). The State Department issued a similar determination on June 14, 2000 (Public Notice 3340; 65 F.R. 39219).

On December 9, 1999, the State Department found "that the Government of Kazakhstan has provided lethal military equipment to a country determined by the Secretary of State to be a state sponsor of terrorism. Also on November 17, 1999 * * * the United States Government determined furnishing assistance restricted by [cited provisions of law] to the Government of Kazakhstan, with the exceptions [of named entities] is important to the national interest of the United States * * *." (Department of State Public Notice 3175; 64 F.R. 70103).

tration Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).

(2) APPLICABILITY.-The prohibition under this section with respect to a foreign government shall terminate 1 year after that government ceases to provide lethal military equipment. This section applies with respect to lethal military equipment provided under a contract entered into after the date of enactment of this Act.936

(b) WAIVER.-Notwithstanding any other provision of law, assistance may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including—

(1) a statement of the determination;

(2) a detailed explanation of the assistance to be provided; (3) the estimated dollar amount of the assistance; and

(4) an explanation of how the assistance furthers United States national interests.

SEC. 6201.937, 938 PROHIBITION ON ASSISTANCE TO COUNTRIES THAT RESTRICT UNITED STATES HUMANITARIAN ASSISTANCE.

(a) IN GENERAL.-No assistance shall be furnished under this Act or the Arms Export Control Act to any country when it is made known to the President that the government of such country prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assist

ance.

(b) EXCEPTION.-Assistance may be furnished without regard to the restriction in subsection (a) if the President determines that to do so is in the national security interest of the United States.

(c) NOTICE.-Prior to making any determination under subsection (b), the President shall notify the Committee on International Relations, the Committee on Foreign Relations, and the Committees on Appropriations of the Senate and House of Representatives of his intention to make such a determination, the effective date of the determination, and the reasons for making the determination.

936 "[D]ate of enactment of this Act" probably refers to enactment of the amendment, April 24, 1996.

937 22 U.S.C. 2379. Added by sec. 559 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of Public Law 104–208; 110 Stat. 3009). Originally enacted as freestanding language in sec. 562 of Public Law 104-107 (110 Stat. 745).

938 In a memorandum of May 23, 1997, for the Secretary of State, the President determined "that it is in the national security interest of the United States that assistance be furnished to Turkey without regard to the restriction in subsection (a) of section 6201." (Presidential Determination No. 97-24; 62 F.R. 30737).

Chapter 2-Administrative Provisions

Sec. 621.939 Exercise of Functions.940_(a) The President may exercise any functions conferred upon him by this Act through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this Act, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with

939 22 U.S.C. 2381.

Sec. 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat. 1900A-54), provided the following:

"AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET JUSTIFICATION

"SEC. 576. The Agency for International Development shall submit to the Committees on Appropriations a detailed budget justification that is consistent with the requirements of section 515, for each fiscal year. The Agency shall submit to the Committees on Appropriations a proposed budget justification format no later than November 15, 2000, or 30 days after the enactment of this Act, whichever occurs later. The proposed format shall include how the Agency's budget justification will address: (1) estimated levels of obligations for the current fiscal year and actual levels for the 2 previous fiscal years; (2) the President's request for new budget authority and estimated carryover obligational authority for the budget year; (3) the disaggregation of budget data and staff levels by program and activity for each bureau, field mission, and central office; and (4) the need for a user-friendly, transparent budget narrative.”. Sec. 587 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; 22 U.S.C. 2381 note), provided the following:

"AID OFFICE OF SECURITY

"SEC. 587. (a) ESTABLISHMENT OF OFFICE.-There shall be established within the Office of the Administrator of the Agency for International Development, an Office of Security. Such Office of Security shall, notwithstanding any other provision of law except section 207 of the Foreign Service Act of 1980 and section 103 of Public Law 199-339, have the responsibility for the supervision, direction, and control of all security activities relating to the programs and operations of that Agency.

"(b) TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.-There are transferred to the Office of Security all security functions exercised by the Office of Inspector General of the Agency for International Development exercised before the date of enactment of this Act. The Administrator shall transfer from the Office of the Inspector General of such Agency to the Office of Security established by subsection (a), the personnel (including the Senior Executive Service position designated for the Assistant Inspector General for Security), assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, and other funds held, used, available to, or to be made available in connection with such functions. Unexpended balances of appropriations, and other funds made available or to be made available in connection with such functions, shall be transferred to and merged with funds appropriated by this Act under the heading 'Operating Expenses of the Agency for International Development'.

"(c) TRANSFER OF EMPLOYEES.-Any employee in the career service who is transferred pursuant to this section shall be placed in a position in the Office of Security established by subsection (a) which is comparable to the position the employee held in the Office of the Inspector General of the Agency for International Development.".

Sec. 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1698), provided the following:

"The President shall include with each budget for a fiscal year submitted to the Congress under section 1105 of title 31, United States Code, materials that shall identify clearly and separately the amounts requested in the budget for appropriation for that fiscal year for salaries and expenses related to administrative activities of the Agency for International Development.". 940 Sec. 302(a) of the FA Act of 1962 struck out subsection designation "(a)" and repealed subsecs. (b), (c), (d), and (e). Subsequently, new subsec. designation "(a)" and subsec. (b) were added by the sec. 302(a) of the FA Act of 1968.

private enterprise, and can be made available without interfering unduly with domestic programs.941

(b) 940 The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this Act. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertaken conduct which constitutes a cause for debarment; and, after an opportunity has been afforded to such person for a hearing, he may be debarred for an additional period, not to exceed three years. Among the causes for debarment shall be (1) offering or accepting a bribe or other illegal payment or credit in connection with any transaction financed with funds made available under this Act; or (2) committing a fraud in the procurement or performance of any contract financed with funds made available under this Act; or (3) acting in any other manner which shows a lack of integrity or honesty in connection with any transaction financed with funds made available under this Act. Reinstatement of eligibility in each particular case shall be subject to such conditions as the President shall direct. Each person whose eligibility is denied or suspended under this subsection shall, upon request, be entitled to a review of his eligibility not less often than once every two years. Sec. 621A.942 Strengthened Management Practices. (a) The Congress believes that United States foreign aid funds could be utilized more effectively by the application of advanced management decisionmaking, information and analysis techniques such as systems analysis, automatic data processing, benefit-cost studies, and information retrieval.

(b) To meet this need, the President shall establish a management system that includes: the definition of objectives and programs for United States foreign assistance; the development of quantitative indicators of progress toward these objectives; the orderly consideration of alternative means for accomplishing such objectives; and the adoption of methods for comparing actual results of programs and projects with those anticipated when they were undertaken. The system should provide information to the agency and to Congress that relates agency resources, expenditures, and budget projections to such objectives and results in order to assist in the evaluation of program performance, the review of budgetary requests, and the setting of program priorities.

(c) 943*** [Repealed-1978]

Sec. 622.944 Coordination With Foreign Policy. (a) Nothing contained in this Act shall be construed to infringe upon the powers or functions of the Secretary of State.

(b) The President shall prescribe appropriate procedures to assure coordination among representatives of the United States Gov

941 Sec. 302(a) of the FA Act of 1963 inserted the last two sentences in lieu of a sentence that provided for the use of the technical expertise of Federal agencies with primary responsibilities in domestic programs.

942 22 U.S.C. 2381a. Sec. 621A was added by sec. 302(b) of the FA Act of 1968.

943 Subsec. (c), which had called for an annual report from the President regarding the implementation of this section, was repealed by sec. 502(d)(1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959).

944 22 U.S.C. 2382.

ernment in each country, under the leadership of the Chief of the United States Diplomatic Mission. The Chief of the Diplomatic Mission shall make sure that recommendations of such representatives pertaining to military assistance (including civic action) and military education and training programs 945 are coordinated with political and economic considerations, and his comments shall accompany such recommendations if he so desires.

(c) 946 Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision and general direction of economic assistance, military assistance, and military education and training programs, including but not limited to determining whether there shall be a military assistance (including civic action) or a military education and training program for a country and the value thereof, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby.

Sec. 623.947 The Secretary of Defense. (a) In the case of assistance under part II of this Act, the Secretary of Defense shall have primary responsibility for

(1) the determination of military end-item requirements;

(2) the procurement of military equipment in a manner which permits its integration with service programs;

(3) the supervision of end-item use by the recipient countries; (4) the supervision of the training of foreign military and related civilian 948 personnel;

(5) the movement and delivery of military end-items; and

(6) within the Department of Defense, the performance of any other functions with respect to the furnishing of military assistance, education and training.9 949

(b) The establishment of priorities in the procurement, delivery, and allocation of military equipment shall be determined by the Secretary of Defense.

Sec. 624.950 Statutory Officers. (a) The President may appoint, by and with the advice and consent of the Senate, twelve officers 951 in the agency primarily responsible for administering part I, *** [Repealed-1964]

(1)*** [Repealed-1964]
(2) *** [Repealed-1964]

945 Sec. 302(a)(1) of the FA Act of 1966 inserted "(including civic action) or sales programs” in lieu of "(including any civil action and sales program)". Sec. 45(b)(1) of the Foreign Military Sales Act (Public Law 90-629) struck out "or sales" which appeared before the word "programs". Sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 added the words "and military education and training".

946 Subsec. (c) was amended and restated by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733).

The responsibility of the Secretary of State under this subsection, insofar as it relates to development assistance, was transferred to the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased to be effective with enactment of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of Public Law 105-277; 112 Stat. 2681).

947 22 U.S.C. 2383.

948 The words "and related_civilian" were added by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733).

949 The words ", education and training" were added by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733). 950 22 U.S.C. 2384.

951 Sec. 7 of Reorganization Plan No. 2 of 1979 stated:

"One of the positions that the President may appoint under section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a), 5 U.S.C. 5315(5)) is hereby abolished.".