Congressional findings and declaration of policy
Source
(Pub. L. 87–195, pt. I, § 101, formerly § 102,Notes
Editorial Notes
Amendments
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
Effective Date of 1979 Amendment
Except as provided in subsection (b) of this section and in section 503(b) [set out as an Effective Date of 1979 Amendment note under section 2385a of this title] this Act [see Short Title of 1979 Amendments note below] shall take effect on
Sections 114(b) [not classified to the Code], 123 [amending a provision set out as a note below], 501 [not classified to the Code], and 509 [set out as a note below] of this Act shall take effect on the date of enactment of this Act [
Effective Date of 1978 Amendment
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Short Title
Repeals
There are hereby repealed—
Reorganization Plan Numbered 7 of 1953 [formerly set out as a note under section 1785 of this title].
the Mutual Security Act of 1954, as amended [section 1750 et seq. of this title] (except sections 402, 405(a), 405(c), 405(d), 408, 414, 417, 451(c), 502(a), 502(b), 514, 523(d), and 536 [sections 1922, 1925(a), 1925(c), 1925(d), 1928, 1934, 1937, 1951(c), 1754(a), (b), 1766, 1783(d) and 1796 of this title]);
section 12 of the Mutual Security Act of 1955 [formerly set out as a note under section 1811 of this title];
sections 12, 13, and 14 of the Mutual Security Act of 1956 [section 1870 of this title and notes formerly set out under sections 1753 and 1939 of this title];
section 503 of the Mutual Security Act of 1958 [section 1750a of this title];
section 108 of the Mutual Security Appropriation Act, 1959 [formerly set out as a note under section 1922 of this title];
section 501(a), chapter VI, and sections 702 and 703 of the Mutual Security Act of 1959, as amended [sections 1941, and 2051 to 2053 of this title and notes formerly set out under sections 1928b and 1951 of this title]; and
section 604 and chapter VII of the Mutual Security Act of 1960 [sections 2071 and 2072 of this title and note formerly set out under section 1783 of this title].
References in law to the Acts, or provisions of such Acts, repealed by subsection (a) of this section shall hereafter be deemed to be references to this Act [see Short Title note for the Foreign Assistance Act of 1961 above] or appropriate provisions of this Act.
The repeal of the Acts listed in subsection (a) of this section shall not be deemed to affect amendments contained in such Acts to Acts not named in that subsection.”
United States Agency for International Development Deemed Agency Primarily Responsible for Administering This Subchapter
Ending Neglected Tropical Diseases
SHORT TITLE.
STATEMENT OF POLICY.
DEFINITION.
“In this title, the terms ‘neglected tropical diseases’ and ‘NTDs’—
mean infections caused by pathogens, including viruses, bacteria, protozoa, and helminths that disproportionately impact individuals living in extreme poverty, especially in developing countries; and
include—
Buruli ulcer (Mycobacterium Ulcerans infection);
Chagas disease;
dengue or severe dengue fever;
dracunculiasis (Guinea worm disease);
echinococcosis;
foodborne trematodiases;
human African trypanosomiasis (sleeping sickness);
leishmaniasis;
leprosy;
lymphatic filariasis (elephantiasis);
onchocerciasis (river blindness);
scabies;
schistosomiasis;
soil-transmitted helminthiases (STH) (roundworm, whipworm, and hookworm);
taeniasis/cysticercosis;
trachoma; and
yaws (endemic treponematoses).
EXPANSION OF UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT NEGLECTED TROPICAL DISEASES PROGRAM.
Sense of Congress.—
It is the sense of Congress that the Neglected Tropical Diseases Program, as in effect on the date of the enactment of this Act [
provide integrated drug treatment packages to as many individuals suffering from NTDs or at risk of acquiring NTDs, including individuals displaced by manmade and natural disasters, as logistically feasible;
better integrate NTD control and treatment tools and approaches into complementary development and global health programs by coordinating, to the extent practicable and appropriate, across multiple sectors, including those relating to HIV/AIDS, malaria, tuberculosis, education, nutrition, other infectious diseases, maternal and child health, and water, sanitation, and hygiene;
establish low-cost, high-impact community- and school-based NTD programs to reach large at-risk populations, including school-age children, with integrated drug treatment packages, as feasible;
as opportunities emerge and resources allow, engage in research and development of new tools and approaches to reach the goals relating to the elimination of NTDs as set forth by the 2012 World Health Organization publication ‘Accelerating Work to Overcome the Global Impact of Neglected Tropical Diseases: A Roadmap for Implementation’, including for Chagas disease, Guinea worm, human African trypanosomiasis (sleeping sickness), leprosy, and visceral leishmaniasis; and
monitor research on and developments in the prevention and treatment of other NTDs so breakthroughs can be incorporated into the Neglected Tropical Diseases Program, as practicable and appropriate.
Program Priorities.—
The Administrator of the United States Agency for International Development (referred to in this section as the ‘Administrator’) should incorporate the following priorities into the Neglected Tropical Diseases Program (as in effect on the date of the enactment of this Act):
Planning for and conducting robust monitoring and evaluation of program investments in order to accurately measure impact, identify and share lessons learned, and inform future NTD control and elimination strategies.
Coordinating program activities with complementary development and global health programs of the United States Agency for International Development, including programs relating to water, sanitation, and hygiene, food and nutrition security, and education (both primary and secondary), in order to advance the goals of the London Declaration on Neglected Tropical Diseases (2012).
Including morbidity management in treatment plans for high-burden NTDs.
Incorporating NTDs included in the Global Burden of Disease Study 2010 into the program as opportunities emerge, to the extent practicable and appropriate.
Continuing investments in the research and development of new tools and approaches that complement existing research investments and ensure that new discoveries make it through the pipeline and become available to individuals who need them most.
ACTIONS BY DEPARTMENT OF STATE.
Office of the Global AIDS Coordinator.—
It is the sense of Congress that the Coordinator of United States Government Activities to Combat HIV/AIDS Globally should fully consider evolving research on the impact of NTDs on efforts to control HIV/AIDS when making future programming decisions, as necessary and appropriate.
Global Programming.—
In general.—
The Secretary of State should encourage the Global Fund to take into consideration evolving research on the impact of NTDs on efforts to control HIV/AIDS when making programming decisions, particularly with regard to female genital schistosomiasis, which studies suggest may be one of the most significant cofactors in the AIDS epidemic in Africa, as necessary and appropriate.
Global fund.—
In this subsection, the term ‘Global Fund’ means the public-private partnership known as the Global Fund to Fight AIDS, Tuberculosis and Malaria established pursuant to Article 80 of the Swiss Civil Code.
G–20 Countries.—
The Secretary of State, acting through the Office of Global Health Diplomacy, should encourage G–20 countries to significantly increase their role in the control and elimination of NTDs.
MULTILATERAL DEVELOPMENT AND HEALTH INSTITUTIONS.
Finding.—
Congress finds that the treatment of NTDs, including community- and school-based deworming programs, can be a highly cost-effective intervention, and schools can serve as an effective delivery mechanism for reaching large numbers of children with safe treatment for soil-transmitted helminthiases (roundworm, whipworm, and hookworm) in particular.
United Nations.—
The President should direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to urge the World Health Organization and the United Nations Development Programme to—
ensure the dissemination of best practices and programming on NTDs to governments and make data accessible to practitioners in an open and timely fashion;
highlight impacts of community- and school-based deworming programs on children’s health and education, emphasizing the cost-effectiveness of such programs;
encourage governments to implement deworming campaigns at the national level;
consider the designation of a portion of grant funds of the institutions to deworming initiatives and cross-sectoral collaboration with water, sanitation, and hygiene efforts and nutrition or education programming, as practicable and appropriate;
encourage accurate monitoring and evaluation of NTD programs, including deworming programs; and
engage governments in cross-border initiatives for the treatment, control, prevention, and elimination of NTDs, and assist in developing transnational agreements, when and where necessary.
RULE OF CONSTRUCTION.
References to Tropical Forest Conservation Act of 1998
United States–Caribbean Strategic Engagement
SHORT TITLE.
STATEMENT OF POLICY.
“Congress declares that it is the policy of the United States to increase engagement with the governments of the Caribbean region and with civil society, including the private sector, in both the United States and the Caribbean, in a concerted effort to—
enhance diplomatic relations between the United States and the Caribbean region;
increase economic cooperation between the United States and the Caribbean region;
support regional economic, political, and security integration efforts in the Caribbean region;
encourage enduring economic development and increased regional economic diversification and global competitiveness;
reduce levels of crime and violence, curb the trafficking of illicit drugs, strengthen the rule of law, and improve citizen security;
improve energy security by increasing access to diverse, reliable, and affordable power;
advance cooperation on democracy and human rights at multilateral fora;
continue support for public health advances and cooperation on health concerns and threats to the Caribbean region; and
expand Internet access throughout the region, especially to countries lacking the appropriate infrastructure.
STRATEGY.
“Not later than 180 days after the date of the enactment of this Act [
identifies Department of State and USAID priorities, in coordination with other executive branch agencies, for United States policy towards the Caribbean region;
outlines an approach to partner with governments of the Caribbean region to improve citizen security, reduce the trafficking of illicit drugs, strengthen the rule of law, and improve the effectiveness and longevity of the Caribbean Basin Security Initiative;
establishes a comprehensive, integrated, multi-year strategy to encourage efforts of the Caribbean region to implement regional and national strategies that improve energy security, by increasing access to all available sources of energy, including by taking advantage of the indigenous energy sources of the Caribbean and the ongoing energy revolution in the United States;
outlines an approach to improve diplomatic engagement with the governments of the Caribbean region, including with respect to human rights and democracy;
Describes [sic] how the United States can develop an approach to supporting Caribbean countries in efforts they are willing to undertake with their own resources to diversify their economies;
describes ways to ensure the active participation of citizens of the Caribbean in existing program[s] and initiatives administered by the Department of State’s Bureau of Educational and Cultural Affairs; and
reflects the input of other executive branch agencies, as appropriate.
BRIEFINGS.
PROGRESS REPORT.
DEFINITIONS.
“In this Act:
Appropriate congressional committees.—
The term ‘appropriate congressional committees’ means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
Caribbean region.—
The term ‘Caribbean region’ means the Caribbean Basin Security Initiative beneficiary countries.
Security assistance.—
The term ‘security assistance’ has the meaning given such term in section 502B(d)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(2)).”
Support to Certain Governments for Border Security Operations
Authority to Provide Support.—
In general.—
The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to provide support on a reimbursement basis as follows:
To the Government of Jordan for purposes of supporting and enhancing efforts of the armed forces of Jordan to increase security and sustain increased security along the border of Jordan with Syria and Iraq.
To the Government of Lebanon for purposes of supporting and enhancing efforts of the armed forces of Lebanon to increase security and sustain increased security along the border of Lebanon with Syria.
To the Government of Egypt for purposes of supporting and enhancing efforts of the armed forces of Egypt to increase security and sustain increased security along the border of Egypt with Libya.
To the Government of Tunisia for purposes of supporting and enhancing efforts of the armed forces of Tunisia to increase security and sustain increased security along the border of Tunisia with Libya.
To the Government of Oman for purposes of supporting and enhancing efforts of the armed forces of Oman to increase security and sustain increased security along the border of Oman with Yemen.
To the Government of Pakistan for purposes of supporting and enhancing efforts of the armed forces of Pakistan to increase security and sustain increased security along the border of Pakistan with Afghanistan.
Frequency.—
Support may be provided under this subsection on a quarterly basis.
Funds Available for Support.—
The following amounts made be used to provide support under the authority of subsection (a):
In fiscal year 2016, amounts authorized to be appropriated for fiscal year 2016 and available for reimbursement of certain coalition nations for support provided to United States military operations pursuant to section 1233 of the National Defense Authorization Act for fiscal year 2008 (Public Law 110–181; 122 Stat. 393).
In fiscal year 2016, amounts authorized to be appropriated for fiscal year 2016 for the Counterterrorism Partnerships Fund pursuant to section 1534 of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for fiscal year 2015 (Public Law 113–291; 128 Stat. 3616).
In any fiscal year after fiscal year 2016, amounts authorized to be appropriated and available for Operation and Maintenance, Defense-Wide, and the Counter Islamic State of Iraq and the Levant Fund.
Limitations.—
Limitation on amount.—
The total amount of support provided under the authority of subsection (a) may not exceed $150,000,000 for any country specified in subsection (a) in any fiscal year.
Support to the government of lebanon.—
Support provided under the authority of subsection (a) to the Government of Lebanon may be used only for the armed forces of Lebanon, and may not be used for or to reimburse Hezbollah or any forces other than the armed forces of Lebanon.
Prohibition on contractual obligations.—
The Secretary of Defense may not enter into any contractual obligation to provide support under the authority of subsection (a).
Determination required.—
The Secretary of Defense may not provide support to a country specified in subsection (a) if the Secretary determines that the government of such country fails to increase security and sustain increased security along the border of the country as specified in subsection (a)(1).
Notice and Certification Before Exercise.—
Not later than 15 days before providing support under the authority of subsection (a) to a country that has not previously received such support, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the specified congressional committees a report that—
sets forth a full description of the support to be provided, including—
the purpose of such support;
the amount of support to be provided; and
the anticipated duration of the provision of such support; and
includes a certification that—
the recipient country has taken demonstrable steps to increase security along the border specified for such country in subsection (a); and
the provision of such support is in the interest of United States national security.
Limitation on Reimbursement of Pakistan Pending Certification.—
No amount of reimbursement support under subsection (a)(1)(F) is authorized to be disbursed to the Government of Pakistan unless the Secretary of Defense certifies to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that the following conditions are met:
The military and security operations of Pakistan pertaining to border security and ancillary activities for which reimbursement is sought have been coordinated with United States military representatives in advance of the execution of such operations and activities.
The goals and desired outcomes of each such operation or activity have been established and agreed upon in advance by the United States and Pakistan.
A process exists to verify the achievement of the goals and desired outcomes established in accordance with paragraph (2).
The Government of Pakistan is making an effort to actively coordinate with the Government of Afghanistan on issues relating to border security on the Afghanistan-Pakistan border.
Quarterly Reports.—
Not later than 30 days after the end of each fiscal quarter, the Secretary of Defense shall submit to the specified congressional committees a report on reimbursements pursuant to subsection (a) during the preceding fiscal quarter that includes—
an identification of each country reimbursed;
the date of each reimbursement;
a description of any partner nation border security efforts for which reimbursement was provided;
an assessment of the value of partner nation border security efforts for which reimbursement was provided;
the total amounts of reimbursement provided to each partner nation in the preceding four fiscal quarters; and
such other matters as the Secretary considers appropriate.
Specified Congressional Committees.—
In the section, the term ‘specified congressional committees’ means—
the congressional defense committees; and
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Expiration of Authority.—
No support may be provided under the authority of subsection (a) after
Girls Count
SHORT TITLE.
FINDINGS.
“Congress makes the following findings:
According to the United States Census Bureau’s 2013 international figures, 1 person in 12, or close to 900,000,000 people, is a girl or young woman age 10 through 24.
The Census Bureau’s data also illustrates that young people are the fastest growing segment of the population in developing countries.
Even though most countries do have birth registration laws, four out of ten babies born in 2012 were not registered worldwide. Moreover, an estimated 36 percent of children under the age of five worldwide (about 230,000,000 children) do not possess a birth certificate.
A nationally recognized proof of birth system is important to determining a child’s citizenship, nationality, place of birth, parentage, and age. Without such a system, a passport, driver’s license, or other identification card is difficult to obtain. The lack of such documentation can prevent girls and women from officially participating in and benefitting from the formal economic, legal, and political sectors in their countries.
The lack of birth registration among girls worldwide is particularly concerning as it can exacerbate the disproportionate vulnerability of women to trafficking, child marriage, and lack of access to health and education services.
A lack of birth registration among women and girls can also aggravate what, in many places, amounts to an already reduced ability to seek employment, participate in civil society, or purchase or inherit land and other assets.
Girls undertake much of the domestic labor needed for poor families to survive: carrying water, harvesting crops, tending livestock, caring for younger children, and doing chores.
Accurate assessments of access to education, poverty levels, and overall census activities are hampered by the lack of official information on women and girls. Without this rudimentary information, assessments of foreign assistance and domestic social welfare programs are difficult to gauge.
To help ensure that women and girls are considered in United States foreign assistance policies and programs, that their needs are addressed in the design, implementation, and evaluation of foreign assistance programs, and that women and girls have the opportunity to succeed, it is important that girls be counted and have access to birth certificates and other official documentation.
STATEMENT OF POLICY.
“It is the policy of the United States to—
encourage countries to support the rule of law and ensure girls and boys of all ages are able to fully participate in society, including by providing birth certifications and other official documentation;
enhance training and capacity-building in key developing countries, local nongovernmental organizations, and other civil society organizations, including faith-based organizations and organizations representing children and families in the design, implementation, and monitoring of programs under this Act, to effectively address the needs of birth registries in countries where girls are systematically undercounted; and
incorporate into the design, implementation, and evaluation of policies and programs measures to evaluate the impact that such policies and programs have on girls.
UNITED STATES ASSISTANCE TO SUPPORT COUNTING OF GIRLS IN THE DEVELOPING WORLD.
Authorization.—
The Secretary and the Administrator are authorized to prioritize and advance ongoing efforts to—
support programs that will contribute to improved and sustainable Civil Registration and Vital Statistics Systems (CRVS) with a focus on birth registration;
support programs that build the capacity of developing countries’ national and local legal and policy frameworks to prevent discrimination against girls in gaining access to birth certificates, particularly where this may help prevent exploitation, violence, and other abuse; and
support programs and key ministries, including, interior, youth, and education ministries, to help increase property rights, social security, home ownership, land tenure security, inheritance rights, access to education, and economic and entrepreneurial opportunities, particularly for women and girls.
Coordination With Multilateral Organizations.—
The Secretary and the Administrator are authorized to coordinate with the World Bank, relevant United Nations agencies and programs, and other relevant organizations to encourage and work with countries to enact, implement, and enforce laws that specifically collect data on girls and establish registration programs to ensure girls are appropriately counted and have the opportunity to be active participants in the social, legal, and political sectors of society in their countries.
Coordination With Private Sector and Civil Society Organizations.—
The Secretary and the Administrator are authorized to work with the United States, international, and local private sector and civil society organizations to advocate for the registration and documentation of all girls and boys in developing countries, in order to help prevent exploitation, violence, and other abuses and to help provide economic and social opportunities.
REPORT.
“The Secretary and the Administrator shall include in relevant evaluations and reports to Congress the following information:
To the extent practicable, a breakdown of United States foreign assistance beneficiaries by age, gender, marital status, location, and school enrollment status.
A description, as appropriate, of how United States foreign assistance benefits girls.
Specific information, as appropriate, on programs that address the particular needs of girls.
DEFINITIONS.
“In this Act:
Administrator.—
The term ‘Administrator’ means the Administrator of the United States Agency for International Development.
Foreign assistance.—
The term ‘foreign assistance’ has the meaning given the term in section 634(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394(b)).
Secretary.—
The term ‘Secretary’ means the Secretary of State.
SUNSET.
Military-to-Military Engagement With the Government of Burma
Authorization.—
The Department of Defense is authorized to provide the Government of Burma the following:
Consultation, education, and training on human rights, the laws of armed conflict, civilian control of the military, rule of law, and other legal matters.
Consultation, education, and training on English-language, humanitarian and disaster relief, and improvements to medical and health standards.
Courses or workshops on defense institution reform.
Observer status to bilateral or multilateral humanitarian assistance and disaster relief exercises.
Aid or support in the event of a humanitarian crisis or natural disaster.
Annual Reports.—
In general.—
Not later than 180 days after the date of the enactment of this Act [
Elements.—
Each report under paragraph (1) shall include the following:
A description of the military-to-military activities between the United States and Burma, and how engagement with the Burmese military supports the United States national security strategy and promotes reform in Burma.
A description of the objectives of the United States for developing the military-to-military relationship with the Burmese military, how the United States measures progress toward such objectives, and the implications of failing to achieve such objectives.
A description and assessment of the political, military, economic, and civil society reforms being undertaken by the Government of Burma, including those affecting—
individual freedoms and human rights of the Burmese people, including those of ethnic and religious minorities and internally displaced populations;
the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups in Burma;
civilian control of the armed forces;
constitutional and electoral reforms;
access for the purposes of human rights monitoring and humanitarian assistance to all areas in Burma, and cooperation with civilian authorities to investigate and resolve cases of human rights violations;
governmental transparency and accountability; and
respect for the laws of armed conflict and human rights, including with respect to child soldiers.
A description and assessment of relationships of the Government of Burma with unlawful or sanctioned entities.
Form.—
Each report under this subsection shall be submitted in unclassified form, but may include a classified annex.
Sunset.—
The requirement to submit additional reports under this subsection shall terminate at the end of the 5-year period beginning on the date of the enactment of this Act [
Rule of Construction.—
No Department of Defense assistance to the Government of Burma is authorized by this Act [Pub. L. 113–291, see Tables for classification] except as provided in this section.
Appropriate Committees of Congress Defined.—
In this section, the term ‘appropriate committees of Congress’ means—
the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.”
Assessing Progress in Haiti
SHORT TITLE.
FINDINGS.
“Congress makes the following findings:
On
According to the Post Disaster Needs Assessment conducted by the Government of Haiti, with technical assistance from the United Nations, the World Bank, the Inter-American Development Bank, the Economic Commission for Latin America and the Caribbean, and the European Commission, an estimated 15 percent of the population was directly affected by the disaster and related damages and economic losses totaled $7,804,000,000.
Even before the earthquake, Haiti had some of the lowest socioeconomic indicators and the second highest rate of income disparity in the world, conditions that have further complicated post-earthquake recovery efforts and, according to the World Bank, have significantly reduced the prospects of addressing poverty reduction through economic growth.
According to the World Food Programme, more than 6,700,000 people in Haiti (out of a population of about 10,000,000) are considered food insecure.
In October 2010, an unprecedented outbreak of cholera in Haiti resulted in over 500,000 reported cases and over 8,000 deaths to date, further straining the capacity of Haiti’s public health sector and increasing the urgency of resettlement and water, sanitation, and hygiene (WASH) efforts.
The international community, led by the United States and the United Nations, mounted an unprecedented humanitarian response in Haiti, with donors pledging approximately $10,400,000,000 for humanitarian relief and recovery efforts, including debt relief, supplemented by $3,100,000,000 in private charitable contributions, of which approximately $6,400,000,000 has been disbursed and an additional $3,800,000,000 has been committed as of
The emergency response of the men and women of the United States Government, led by the United States Agency for International Development (USAID) and the United States Southern Command, as well as of cities, towns, individuals, businesses, and philanthropic organizations across the United States, was particularly swift and resolute.
Since 2010, a total of $1,300,000,000 in United States assistance has been allocated for humanitarian relief and $2,300,000,000 has been allocated for recovery, reconstruction, and development assistance in Haiti, including $1,140,000,000 in emergency appropriations and $95,000,000 that has been obligated specifically to respond to the cholera epidemic.
Of the $3,600,000,000 in United States assistance allocated for Haiti, $651,000,000 was apportioned to USAID to support an ambitious recovery plan, including the construction of a power plant to provide electricity for the new Caracol Industrial Park (CIP) in northern Haiti, a new port near the CIP, and permanent housing in new settlements in the Port-au-Prince, St-Marc, and Cap-Haïtien areas.
According to a recent report of the Government Accountability Office, as of
GAO further found that Congress has not been provided with sufficient information to ensure that it is able to conduct effective oversight at a time when most funding remains to be disbursed, and specifically recommends that a periodic reporting mechanism be instituted to fill this information gap.
Donors have encountered significant challenges in implementing recovery programs, and nearly 4 years after the earthquake, an estimated 171,974 people remain displaced in camps, unemployment remains high, corruption is rampant, land rights remain elusive, allegations of wage violations are widespread, the business climate is unfavorable, and government capacity remains weak.
For Haiti to achieve stability and long term economic growth, donor assistance will have to be carefully coordinated with a commitment by the Government of Haiti to transparency, a market economy, rule of law, and democracy.
The legal environment in Haiti remains a challenge to achieving the goals supported by the international community.
STATEMENT OF POLICY.
“It is the policy of the United States to support the sustainable rebuilding and development of Haiti in a manner that—
promotes efforts that are led by and support the people and Government of Haiti at all levels so that Haitians lead the course of reconstruction and development of Haiti;
builds the long term capacity of the Government of Haiti and civil society in Haiti;
reflects the priorities and particular needs of both women and men so they may participate equally and to their maximum capacity;
respects and helps restore Haiti’s natural resources, as well as builds community-level resilience to environmental and weather-related impacts;
provides timely and comprehensive reporting on goals and progress, as well as transparent post program evaluations and contracting data;
prioritizes the local procurement of goods and services in Haiti where appropriate; and
promotes the holding of free, fair, and timely elections in accordance with democratic principles and the Haitian Constitution.
SENSE OF CONGRESS.
REPORT.
In General.—
Not later than
Contents.—
The report required by subsection (a) shall include—
a summary of ‘Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity’, including any significant changes to the strategy over the reporting period and an explanation thereof;
a breakdown of the work that the United States Government agencies other than USAID and the Department of State are conducting in the Haiti recovery effort, and the cost of that assistance;
an assessment of the progress of United States efforts to advance the objectives of the ‘Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity’ produced by the Department of State, compared to what remains to be achieved to meet specific goals, including—
a description of any significant changes to the Strategy over the reporting period and an explanation thereof;
an assessment of progress, or lack thereof, over the reporting period toward meeting the goals and objectives, benchmarks, and timeframes specified in the Strategy, including—
a description of progress toward designing and implementing a coordinated and sustainable housing reconstruction strategy that addresses land ownership, secure land tenure, water and sanitation, and the unique concerns of vulnerable populations such as women and children, as well as neighborhood and community revitalization, housing finance, and capacity building for the Government of Haiti to implement an effective housing policy;
a description of United States Government efforts to construct and sustain the proposed port, as well as an assessment of the current projected timeline and cost for completion; and
a description of United States Government efforts to attract and leverage the investments of private sector partners to the CIP, including by addressing any policy impediments;
a description of the quantitative and qualitative indicators used to evaluate the progress toward meeting the goals and objectives, benchmarks, and timeframes specified in the Strategy at the program level;
the amounts committed, obligated, and expended on programs and activities to implement the Strategy, by sector and by implementing partner at the prime and subprime levels (in amounts of not less than $25,000); and
a description of the risk mitigation measures put in place to limit the exposure of United States assistance provided under the Strategy to waste, fraud, and abuse;
a description of measures taken to strengthen, and United States Government efforts to improve, Haitian governmental and nongovernmental organizational capacity to undertake and sustain United States-supported recovery programs;
as appropriate, a description of United States efforts to consult and engage with Government of Haiti ministries and local authorities on the establishment of goals and timeframes, and on the design and implementation of new programs under the Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity;
a description of efforts by Haiti’s legislative and executive branches to consult and engage with Haitian civil society and grassroots organizations on the establishment of goals and timeframes, and on the design and implementation of new donor-financed programs, as well as efforts to coordinate with and engage the Haitian diaspora;
consistent with the Government of Haiti’s ratification of the United Nations Convention Against Corruption, a description of efforts of the Governments of the United States and Haiti to strengthen Government of Haiti institutions established to address corruption, as well as related efforts to promote public accountability, meet public outreach and disclosure obligations, and support civil society participation in anti-corruption efforts;
a description of efforts to leverage public-private partnerships and increase the involvement of the private sector in Haiti in recovery and development activities and coordinate programs with the private sector and other donors;
a description of efforts to address the particular needs of vulnerable populations, including internally displaced persons, women, children, orphans, and persons with disabilities, in the design and implementation of new programs and infrastructure;
a description of the impact that agriculture and infrastructure programs are having on the food security, livelihoods, and land tenure security of smallholder farmers, particularly women;
a description of mechanisms for communicating the progress of recovery and development efforts to the people of Haiti, including a description of efforts to provide documentation, reporting and procurement information in Haitian Creole;
a description of the steps the Government of Haiti is taking to strengthen its capacity to receive individuals who are removed, excluded, or deported from the United States; and
an assessment of actions necessary to be taken by the Government of Haiti to assist in fulfilling the objectives of the Strategy.
STRATEGY.
In General.—
Not later than 180 days after the date of the enactment of this Act [
identifies and addresses constraints to sustainable, broad-based economic growth and to the consolidation of responsive, democratic government institutions;
includes an action plan that outlines policy tools, technical assistance, and anticipated resources for addressing the highest-priority constraints to economic growth and the consolidation of democracy, as well as a specific description of mechanisms for monitoring and evaluating progress; and
identifies specific steps and verifiable benchmarks appropriate to provide direct bilateral assistance to the Government of Haiti.
Elements.—
The strategy required under subsection (a) should address the following elements:
A plan to engage the Government of Haiti on shared priorities to build long-term capacity, including the development of a professional civil service, to assume increasing responsibility for governance and budgetary sustainment of governmental institutions.
A plan to assist the Government of Haiti in holding free, fair and timely elections in accordance with democratic principles.
Specific goals for future United States support for efforts to build the capacity of the Government of Haiti, including to–
reduce corruption;
consolidate the rule of law and an independent judiciary;
strengthen the civilian police force;
develop sustainable housing, including ensuring appropriate titling and land ownership rights;
expand port capacity to support economic growth;
attract and leverage the investments of private sector partners, including to the Caracol Industrial Park;
promote large and small scale agricultural development in a manner that reduces food insecurity and contributes to economic growth;
improve access to potable water, expand public sanitation services, reduce the spread of infectious diseases, and address public health crises;
restore the natural resources of Haiti, including enhancing reforestation efforts throughout the country; and
gain access to safe, secure, and affordable supplies of energy in order to strengthen economic growth and energy security.
Consultation.—
In devising the strategy required under subsection (a), the Secretary should—
coordinate with all United States Government departments and agencies carrying out work in Haiti;
consult with the Government of Haiti, including the National Assembly of Haiti, and representatives of private and nongovernmental sectors in Haiti; and
consult with relevant multilateral organizations, multilateral development banks, private sector institutions, nongovernmental organizations, and foreign governments present in Haiti.
Briefings.—
The Secretary of State, at the request of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, shall provide a quarterly briefing that reviews progress of the implementation of the strategy required under subsection (a).”
United States Security and Assistance Strategies in Africa
Assistance to the Government of Jordan for Border Security Operations
Support of Foreign Forces Participating in Operations To Disarm the Lord’s Resistance Army
Reports on Responsibility Within Department of State and the United States Agency for International Development for Contract Support for Overseas Contingency Operations
DoS and USAID Reports Required.—
Not later than six months after the date of the enactment of this Act [
Elements.—
Each report under subsection (a) shall include the following:
A description and assessment of the roles and responsibilities of the officials, offices, and components of the Department of State or the United States Agency for International Development, as applicable, within the chain of authority and responsibility for policy, planning, and execution of contract support for overseas contingency operations.
Procedures and processes of the Department or Agency, as applicable, on the following in connection with contract support for overseas contingency operations:
Collection, inventory, and reporting of data.
Acquisition planning.
Solicitation and award of contracts.
Requirements development and management.
Contract tracking and oversight.
Performance evaluations.
Risk management.
Interagency coordination and transition planning.
Strategies and improvements necessary for the Department or the Agency, as applicable, to address reliance on contractors, workforce planning, and the recruitment and training of acquisition workforce personnel, including the anticipated number of personnel needed to perform acquisition management and oversight functions and plans for achieving personnel staffing goals, in connection with overseas contingency operations.
Comptroller General Report.—
Not later than one year after the date of the enactment of this Act [
Appropriate Committees of Congress Defined.—
In this section, the term ‘appropriate committees of Congress’ means—
the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.”
Global Security Contingency Fund
Establishment.—
There is established on the books of the Treasury of the United States an account to be known as the ‘Global Security Contingency Fund’ (in this section referred to as the ‘Fund’).
Authority.—
Notwithstanding any other provision of law (other than the provisions of section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) and the section 620J of such Act relating to limitations on assistance to security forces (22 U.S.C. 2378d)), amounts in the Fund shall be available to either the Secretary of State or the Secretary of Defense to provide assistance to countries or regions designated by the Secretary of State, with the concurrence of the Secretary of Defense, for purposes of this section, as follows:
To enhance the capabilities of a country’s national military forces, or other national security forces that conduct border and maritime security, internal defense, and counterterrorism operations, as well as the government agencies responsible for such forces, to—
conduct border and maritime security, internal defense, or counterterrorism operations; or
participate in or support military, stability, or peace support operations consistent with United States foreign policy and national security interests.
For the justice sector (including law enforcement and prisons), rule of law programs, and stabilization efforts in a country in cases in which the Secretary of State, in consultation with the Secretary of Defense, determines that conflict or instability in a country or region challenges the existing capability of civilian providers to deliver such assistance.
Types of Assistance.—
Authorized elements.—
A program to provide the assistance under subsection (b)(1) may include the provision of the following:
Equipment, including routine maintenance and repair of such equipment.
Supplies.
With respect to amounts in the Fund appropriated or transferred into the Fund after the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 [
Training.
Required elements.—
A program to provide the assistance under subsection (b)(1) shall include elements that promote—
observance of and respect for human rights and fundamental freedoms; and
respect for legitimate civilian authority within the country concerned.
Formulation and Approval of Assistance Programs.—
Security programs.—
The Secretary of State and the Secretary of Defense shall jointly formulate assistance programs under subsection (b)(1). Assistance programs to be carried out pursuant to subsection (b)(1) shall be approved by the Secretary of State, with the concurrence of the Secretary of Defense, before implementation.
Justice sector and stabilization programs.—
The Secretary of State, in consultation with the Secretary of Defense, shall formulate assistance programs under subsection (b)(2). Assistance programs to be carried out under the authority in subsection (b)(2) shall be approved by the Secretary of State, with the concurrence of the Secretary of Defense, before implementation.
Relation to Other Authorities.—
The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations. The administrative authorities of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall be available to the Secretary of State with respect to funds available to carry out this section.
Transfer Authority.—
Department of defense funds.—
Funds authorized to be appropriated to the Department of Defense for operation and maintenance for Defense-wide activities may be transferred to the Fund by the Secretary of Defense in accordance with established procedures for reprogramming under section 1001 of this Act [125 Stat. 1554] and successor provisions of law. Amounts transferred under this paragraph shall be merged with funds otherwise made available under this section and remain available until expended as provided in subsection (i) for the purposes specified in subsection (b).
Limitation.—
The total amount of funds transferred to the Fund in any fiscal year from the Department of Defense may not exceed $200,000,000.
Transfers to other accounts.—
Funds available to carry out assistance authorized by this section may be transferred to an agency or account determined most appropriate to facilitate the provision of assistance authorized by this section.
Relation to other transfer authorities.—
The transfer authorities in paragraphs (1) and (3) are in addition to any other transfer authority available to the Department of Defense.
Allocation of Contributions To Assistance.—
The contribution of the Secretary of State to an activity under the authority in subsection (b) shall be not less than 20 percent of the total amount required for such activity. The contribution of the Secretary of Defense to such activity shall be not more than 80 percent of the total amount required.
Authority To Accept Gifts.—
The Secretary of State may use money, funds, property, and services accepted pursuant to the authority of section 635(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2395(d)) to fulfill the purposes of subsection (b).
Availability of Funds.—
In general.—
Except as provided in paragraph (2), amounts in the Fund shall remain available until
Exception.—
Amounts appropriated and transferred to the Fund before
Administrative Expenses.—
Amounts in the Fund may be used for necessary administrative expenses in connection with the provision of assistance under this section.
Detail of Personnel.—
The head of an agency of the United States Government may detail personnel to the Department of State to carry out the purposes of this section, with or without reimbursement for all or part of the costs of salaries and other expenses associated with such personnel.
Notices to Congress.—
Not less than 30 days before initiating an activity under a program of assistance under subsection (b), the Secretary of State and the Secretary of Defense shall jointly submit to the specified congressional committees a notification that includes the following:
A notification of the intent to transfer funds into the Fund under subsection (f) or any other authority, including the original source of the funds.
A detailed justification for the total anticipated program for each country, including total anticipated costs and the specific activities contained therein.
The budget, execution plan and timeline, and anticipated completion date for the activity.
A list of other security-related assistance or justice sector and stabilization assistance that the United States is currently providing the country concerned and that is related to or supported by the activity.
Such other information relating to the program or activity as the Secretary of State or Secretary of Defense considers appropriate.
Guidance and Processes for Exercise of Authority.—
Not later than 15 days after the date on which guidance and processes for implementation of the authority in subsection (b) have been issued, the Secretary of State and the Secretary of Defense shall jointly submit a report to the specified congressional committees on such guidance and processes. The Secretary of State and Secretary of Defense shall jointly submit additional reports not later than 15 days after the date on which any future modifications to the guidance and processes for implementation of the authority in subsection (b) are issued.
Specified Congressional Committees.—
In this section, the term ‘specified congressional committees’ means—
the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.
Expiration.—
The authority under this section may not be exercised after
Lord’s Resistance Army Disarmament and Northern Uganda Recovery
SHORT TITLE.
FINDINGS.
“Congress makes the following findings:
For over 2 decades, the Government of Uganda engaged in an armed conflict with the Lord’s Resistance Army (LRA) in northern Uganda that led to the internal displacement of more than 2,000,000 Ugandans from their homes.
The members of the Lord’s Resistance Army used brutal tactics in northern Uganda, including mutilating, abducting and forcing individuals into sexual servitude and forcing a large number of children and youth in Uganda, estimated by the Survey for War Affected Youth to be over 66,000, to fight as part of the rebel force.
The Secretary of State has placed the Lord’s Resistance Army on the Terrorist Exclusion list pursuant to section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), and LRA leader Joseph Kony has been designated a ‘specially designated global terrorist’ pursuant to Executive Order 13224 [listed in a table under section 1701 of Title 50, War and National Defense].
In late 2005, according to the United Nations Office for Coordination of Humanitarian Affairs, the Lord’s Resistance Army shifted their primary base of operations from southern Sudan to northeastern Democratic Republic of Congo, and the rebels have since withdrawn from northern Uganda.
Representatives of the Government of Uganda and the Lord’s Resistance Army began peace negotiations in 2006, mediated by the Government of Southern Sudan in Juba, Sudan, and signed the Cessation of Hostilities Agreement on
After nearly 2 years of negotiations, representatives from the parties reached the Final Peace Agreement in April 2008, but Joseph Kony, the leader of the Lord’s Resistance Army, refused to sign the Final Peace Agreement in May 2008 and his forces launched new attacks in northeastern Congo.
According to the United Nations Office for the Coordination of Humanitarian Relief and the United Nations High Commissioner for Refugees, the new activity of the Lord’s Resistance Army in northeastern Congo and southern Sudan since September 2008 has led to the abduction of at least 1,500 civilians, including hundreds of children, and the displacement of more than 540,000 people.
In December 2008, the military forces of Uganda, the Democratic Republic of Congo, and southern Sudan launched a joint operation against the Lord’s Resistance Army’s bases in northeastern Congo, but the operation failed to apprehend Joseph Kony, and his forces retaliated with a series of new attacks and massacres in Congo and southern Sudan, killing an estimated 900 people in 2 months alone.
Despite the refusal of Joseph Kony to sign the Final Peace Agreement, the Government of Uganda has committed to continue reconstruction plans for northern Uganda, and to implement those mechanisms of the Final Peace Agreement not conditional on the compliance of the Lord’s Resistance Army.
Since 2008, recovery efforts in northern Uganda have moved forward with the financial support of the United States and other donors, but have been hampered by a lack of strategic coordination, logistical delays, and limited leadership from the Government of Uganda.
STATEMENT OF POLICY.
“It is the policy of the United States to work with regional governments toward a comprehensive and lasting resolution to the conflict in northern Uganda and other affected areas by—
providing political, economic, military, and intelligence support for viable multilateral efforts to protect civilians from the Lord’s Resistance Army, to apprehend or remove Joseph Kony and his top commanders from the battlefield in the continued absence of a negotiated solution, and to disarm and demobilize the remaining Lord’s Resistance Army fighters;
targeting assistance to respond to the humanitarian needs of populations in northeastern Congo, southern Sudan, and Central African Republic currently affected by the activity of the Lord’s Resistance Army; and
further supporting and encouraging efforts of the Government of Uganda and civil society to promote comprehensive reconstruction, transitional justice, and reconciliation in northern Uganda as affirmed in the Northern Uganda Crisis Response Act of 2004 (Public Law 108–283) and subsequent resolutions, including Senate Resolution 366, 109th Congress, agreed to
REQUIREMENT OF A STRATEGY TO SUPPORT THE DISARMAMENT OF THE LORD’S RESISTANCE ARMY.
Requirement for Strategy.—
Not later than 180 days after the date of the enactment of this Act [
Content of Strategy.—
The strategy shall include the following:
A plan to help strengthen efforts by the United Nations and regional governments to protect civilians from attacks by the Lord’s Resistance Army while supporting the development of institutions in affected areas that can help to maintain the rule of law and prevent conflict in the long term.
An assessment of viable options through which the United States, working with regional governments, could help develop and support multilateral efforts to eliminate the threat posed by the Lord’s Resistance Army.
An interagency framework to plan, coordinate, and review diplomatic, economic, intelligence, and military elements of United States policy across the region regarding the Lord’s Resistance Army.
A description of the type and form of diplomatic engagement across the region undertaken to coordinate and implement United States policy regarding the Lord’s Resistance Army and to work multilaterally with regional mechanisms, including the Tripartite Plus Commission and the Great Lakes Pact.
A description of how this engagement will fit within the context of broader efforts and policy objectives in the Great Lakes Region.
Form.—
The strategy under this section shall be submitted in unclassified form, but may include a classified annex.
HUMANITARIAN ASSISTANCE FOR AREAS OUTSIDE UGANDA AFFECTED BY THE LORD’S RESISTANCE ARMY.
ASSISTANCE FOR RECOVERY AND RECONSTRUCTION IN NORTHERN UGANDA.
Authority.—
It is the sense of Congress that the President should support efforts by the people of northern Uganda and the Government of Uganda—
to assist internally displaced people in transition and returnees to secure durable solutions by spurring economic revitalization, supporting livelihoods, helping to alleviate poverty, and advancing access to basic services at return sites, specifically clean water, health care, and schools;
to enhance the accountability and administrative competency of local governance institutions and public agencies in northern Uganda with regard to budget management, provision of public goods and services, and related oversight functions;
to strengthen the operational capacity of the civilian police in northern Uganda to enhance public safety, prevent crime, and deal sensitively with gender-based violence, while strengthening accountability measures to prevent corruption and abuses;
to rebuild and improve the capacity of the justice system in northern Uganda, including the courts and penal systems, with particular sensitivity to the needs and rights of women and children;
to establish mechanisms for the disarmament, demobilization, and reintegration of former combatants and those abducted by the LRA, including vocational education and employment opportunities, with attention given to the roles and needs of men, women and children; and
to promote programs to address psychosocial trauma, particularly post-traumatic stress disorder.
Future Year Funding.—
It is the sense of Congress that the Secretary of State and Administrator of the United States Agency for International Development should work with the appropriate committees of Congress to increase assistance in future fiscal years to support activities described in this section if the Government of Uganda demonstrates a commitment to transparent and accountable reconstruction in war-affected areas of northern Uganda, specifically by—
finalizing the establishment of mechanisms within the Office of the Prime Minister to sufficiently manage and coordinate the programs under the framework of the Peace Recovery and Development Plan for Northern Uganda (PRDP);
increasing oversight activities and reporting, at the local and national level in Uganda, to ensure funds under the Peace Recovery and Development Plan for Northern Uganda framework are used efficiently and with minimal waste; and
committing substantial funds of its own, above and beyond standard budget allocations to local governments, to the task of implementing the Peace Recovery and Development Plan for Northern Uganda such that communities affected by the war can recover.
Coordination With Other Donor Nations.—
The United States should work with other donor nations to increase contributions for recovery efforts in northern Uganda and better leverage those contributions to enhance the capacity and encourage the leadership of the Government of Uganda in promoting transparent and accountable reconstruction in northern Uganda.
Termination of Assistance.—
It is the sense of Congress that the Secretary of State should withhold non-humanitarian bilateral assistance to the Republic of Uganda if the Secretary determines that the Government of Uganda is not committed to reconstruction and reconciliation in the war-affected areas of northern Uganda and is not taking proactive steps to ensure this process moves forward in a transparent and accountable manner.
ASSISTANCE FOR RECONCILIATION AND TRANSITIONAL JUSTICE IN NORTHERN UGANDA.
Sense of Congress.—
It is the sense of Congress that, despite reconstruction and development efforts, a continued failure to take meaningful steps toward national reconciliation and accountability risks perpetuating longstanding political grievances and fueling new conflicts.
Authority.—
In accordance with section 531 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346), the President is authorized to support efforts by the people of northern Uganda and the Government of Uganda to advance efforts to promote transitional justice and reconciliation on both local and national levels, including to encourage implementation of the mechanisms outlined in the Annexure to the Agreement on Accountability and Reconciliation between the Government of Uganda and the Lord’s Resistance Army/Movement, signed at Juba
a body to investigate the history of the conflict, inquire into human rights violations committed during the conflict by all sides, promote truth-telling in communities, and encourage the preservation of the memory of events and victims of the conflict through memorials, archives, commemorations, and other forms of preservation;
a special division of the High Court of Uganda to try individuals alleged to have committed serious crimes during the conflict, and a special unit to carry out investigations and prosecutions in support of trials;
a system for making reparations to victims of the conflict; and
a review and strategy for supporting transitional justice mechanisms in affected areas to promote reconciliation and encourage individuals to take personal responsibility for their conduct during the war.
REPORT.
Report Required.—
Not later than 1 year after the submission of the strategy required under section 4, the Secretary of State shall prepare and submit to the appropriate committees of Congress a report on the progress made toward the implementation of the strategy required under section 4 and a description and evaluation of the assistance provided under this Act toward the policy objectives described in section 3.
Contents.—
The report required under section (a) shall include—
a description and evaluation of actions taken toward the implementation of the strategy required under section 4;
a description of assistance provided under sections 5, 6, and 7;
an evaluation of bilateral assistance provided to the Republic of Uganda and associated programs in light of stated policy objectives;
a description of the status of the Peace Recovery and Development Plan for Northern Uganda and the progress of the Government of Uganda in fulfilling the steps outlined in section 6(b); and
a description of amounts of assistance committed, and amounts provided, to northern Uganda during the reporting period by the Government of Uganda and each donor country.
Form.—
The report under this section shall be submitted in unclassified form, but may include a classified annex.
SENSE OF CONGRESS ON FUNDING.
“It is the sense of Congress that—
of the total amounts to be appropriated for fiscal year 2011 for the Department of State and foreign operations, up to $10,000,000 should be used to carry out activities under section 5; and
of the total amounts to be appropriated for fiscal year 2011 through 2013 for the Department of State and foreign operations, up to $10,000,000 in each such fiscal year should be used to carry out activities under section 7.
DEFINITIONS.
“In this Act:
Appropriate committees of congress.—
The term ‘appropriate committees of Congress’ means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives.
Great lakes region.—
The term ‘Great Lakes Region’ means the region comprising Burundi, Democratic Republic of Congo, Rwanda, southern Sudan, and Uganda.
LRA-affected areas.—
The term ‘LRA-affected areas’ means those portions of northern Uganda, southern Sudan, northeastern Democratic Republic of Congo, and southeastern Central African Republic determined by the Secretary of State to be affected by the Lord’s Resistance Army as of the date of the enactment of this Act [
Strategy for United States-Led Provincial Reconstruction Teams in Iraq
In General.—
The President shall establish and implement a strategy for United States-led Provincial Reconstruction Teams (PRTs), including embedded PRTs and Provincial Support Teams, in Iraq that ensures that such United States-led PRTs are—
supporting the operational and strategic goals of the Multi-National Force–Iraq; and
developing the capacity of national, provincial, and local government and other civil institutions in Iraq to assume increasing responsibility for the formulation, implementation, and oversight of reconstruction and development activities.
Elements of Strategy.—
At a minimum, the strategy required under subsection (a) shall include—
a mission statement and clearly defined objectives for United States-led PRTs as a whole;
a mission statement and clearly defined objectives for each United States-led PRT; and
measures of effectiveness and performance indicators for meeting the objectives of each United States-led PRT as described in paragraph (2).
Report.—
In general.—
Not later than 90 days after the date of the enactment of this Act [
Inclusion in other report.—
The report required under this subsection may be included in the report required by section 1227 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3465 [50 U.S.C. 1541 note]).
Appropriate Congressional Committees Defined.—
In this section, the term ‘appropriate congressional committees’ means—
the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.”
Middle East Foundation
Purposes.—
The purposes of this section are to support, through the provision of grants, technical assistance, training, and other programs, in the countries of the broader Middle East region, the expansion of—
civil society;
opportunities for political participation for all citizens;
protections for internationally recognized human rights, including the rights of women;
educational system reforms;
independent media;
policies that promote economic opportunities for citizens;
the rule of law; and
democratic processes of government.
Middle East Foundation.—
Designation.—
The Secretary of State is authorized to designate an appropriate private, nonprofit organization that is organized or incorporated under the laws of the United States or of a State as the Middle East Foundation (referred to in this section as the ‘Foundation’).
Funding.—
Authority.—
The Secretary of State is authorized to provide funding to the Foundation through the Middle East Partnership Initiative of the Department of State. Notwithstanding any other provision of law, the Foundation shall use amounts provided under this paragraph to carry out the purposes specified in subsection (a), including through making grants, using such funds as an endowment, and providing other assistance to entities to carry out programs for such purposes.
Funding from other sources.—
In determining the amount of funding to provide to the Foundation, the Secretary of State shall take into consideration the amount of funds that the Foundation has received from sources other than the United States Government.
Notification to congressional committees.—
The Secretary of State shall notify the appropriate congressional committees of the designation of an appropriate organization as the Foundation.
Grants for Projects.—
Foundation to make grants.—
The Secretary of State shall enter into an agreement with the Foundation that requires the Foundation to use the funds provided under subsection (b)(2) to make grants to persons or entities (other than governments or government entities) located in the broader Middle East region or working with local partners based in the broader Middle East region to carry out projects that support the purposes specified in subsection (a).
Center for public policy.—
Under the agreement described in paragraph (1), the Foundation may make a grant to an institution of higher education located in the broader Middle East region to create a center for public policy for the purpose of permitting scholars and professionals from the countries of the broader Middle East region and from other countries, including the United States, to carry out research, training programs, and other activities to inform public policymaking in the broader Middle East region and to promote broad economic, social, and political reform for the people of the broader Middle East region.
Applications for grants.—
An entity seeking a grant from the Foundation under this section shall submit an application to the head of the Foundation at such time, in such manner, and containing such information as the head of the Foundation may reasonably require.
Private Character of the Foundation.—
Nothing in this section shall be construed to—
make the Foundation an agency or establishment of the United States Government, or to make the officers or employees of the Foundation officers or employees of the United States for purposes of title 5, United States Code; or
impose any restriction on the Foundation’s acceptance of funds from private and public sources in support of its activities consistent with the purposes specified in subsection (a).
Limitation on Payments to Foundation Personnel.—
No part of the funds provided to the Foundation under this section shall inure to the benefit of any officer or employee of the Foundation, except as salary or reasonable compensation for services.
Retention of Interest.—
The Foundation may hold funds provided under this section in interest-bearing accounts prior to the disbursement of such funds to carry out the purposes specified in subsection (a), and may retain for such purposes any interest earned without returning such interest to the Treasury of the United States. The Foundation may retain and use such funds as an endowment to carry out the purposes specified in subsection (a).
Financial Accountability.—
Independent private audits of the foundation.—
The accounts of the Foundation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The report of the independent audit shall be included in the annual report required by subsection (h).
GAO audits.—
The financial transactions undertaken pursuant to this section by the Foundation may be audited by the Government Accountability Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States.
Audits of grant recipients.—
In general.—
A recipient of a grant from the Foundation shall agree to permit an audit of the books and records of such recipient related to the use of the grant funds.
Recordkeeping.—
Such recipient shall maintain appropriate books and records to facilitate an audit referred to in subparagraph (A), including—
separate accounts with respect to the grant funds;
records that fully disclose the use of the grant funds;
records describing the total cost of any project carried out using grant funds; and
the amount and nature of any funds received from other sources that were combined with the grant funds to carry out a project.
Annual Reports.—
Not later than
the operations and activities of the Foundation that were carried out using funds provided under this section;
grants made by the Foundation to other entities with funds provided under this section;
other activities of the Foundation to further the purposes specified in subsection (a); and
the financial condition of the Foundation.
Broader Middle East Region Defined.—
In this section, the term ‘broader Middle East region’ means Afghanistan, Algeria, Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, West Bank and Gaza, and Yemen.
Democratic Republic of the Congo Relief, Security, and Democracy Promotion
SHORT TITLE.
BILATERAL ACTION ON ADDRESSING URGENT NEEDS IN THE DEMOCRATIC REPUBLIC OF THE CONGO
FINDINGS.
“Congress makes the following findings:
The National Security Strategy of the United States, dated
On
According to the United States Agency for International Development, ‘Given its size, population, and resources, the Congo is an important player in Africa and of long-term interest to the United States.’.
The Democratic Republic of the Congo is 2,345,410 square miles (approximately ¼ the size of the United States), lies at the heart of Africa, and touches every major region of sub-Saharan Africa. Therefore, a secure, peaceful, and prosperous Democratic Republic of the Congo would have a profound impact on progress throughout Africa.
The most recent war in the Democratic Republic of the Congo, which erupted in 1998, spawned some of the world’s worst human rights atrocities and drew in six neighboring countries.
Despite the conclusion of a peace agreement and subsequent withdrawal of foreign forces in 2003, both the real and perceived presence of armed groups hostile to the Governments of Uganda, Rwanda, and Burundi continue to serve as a major source of regional instability and an apparent pretext for continued interference in the Democratic Republic of the Congo by its neighbors.
A mortality study completed in December 2004 by the International Rescue Committee found that 31,000 people were dying monthly and 3,800,000 people had died in the previous six years because of the conflict in the Democratic Republic of the Congo and resulting disintegration of the social service infrastructure, making this one of the deadliest conflicts since World War II.
In 2004, Amnesty International estimated that at least 40,000 women and girls were systematically raped and tortured in the Democratic Republic of the Congo since 1998, and nearly two-thirds of ongoing abuses against women and girls are perpetrated by members of the security forces, particularly the Forces Armes de la Republique Democratique du Congo (FARDC) and the Police Nationale Congolaise (PNC).
According to the Department of State, ‘returning one of Africa’s largest countries [the Democratic Republic of the Congo] to full peace and stability will require significant United States investments in support of national elections, the reintegration of former combatants, the return and reintegration of refugees and [internally displaced persons], establishment of central government control over vast territories, and promotion of national reconciliation and good governance’.
STATEMENT OF POLICY.
“It is the policy of the United States—
to help promote, reinvigorate, and support the political process in the Democratic Republic of the Congo in order to press all parties in the Transitional National Government and the succeeding government to implement fully and to institutionalize mechanisms, including national and international election observers, fair and transparent voter registration procedures, and a significant civic awareness and public education campaign created for the
to urge the Government of the Democratic Republic of the Congo to recognize and act upon its responsibilities to immediately bring discipline to its security forces, hold those individuals responsible for atrocities and other human rights violations, particularly the rape of women and girls as an act of war, accountable and bring such individuals to justice;
to help ensure that, once a stable national government is established in the Democratic Republic of the Congo, it is committed to multiparty democracy, open and transparent governance, respect for human rights and religious freedom, ending the violence throughout the country, promoting peace and stability with its neighbors, rehabilitating the national judicial system and enhancing the rule of law, combating corruption, instituting economic reforms to promote development, and creating an environment to promote private investment;
to assist the Government of the Democratic Republic of the Congo as it seeks to meet the basic needs of its citizens, including security, safety, and access to health care, education, food, shelter, and clean drinking water;
to support security sector reform by assisting the Government of the Democratic Republic of the Congo to establish a viable and professional national army and police force that respects human rights and the rule of law, is under effective civilian control, and possesses a viable presence throughout the entire country, provided the Democratic Republic of the Congo meets all requirements for United States military assistance under existing law;
to help expedite planning and implementation of programs associated with the disarmament, demobilization, repatriation, reintegration, and rehabilitation process in the Democratic Republic of the Congo;
to support efforts of the Government of the Democratic Republic of the Congo, the United Nations Peacekeeping Mission in the Democratic Republic of the Congo (MONUC), and other entities, as appropriate, to disarm, demobilize, and repatriate the Democratic Forces for the Liberation of Rwanda and other illegally armed groups;
to make all efforts to ensure that the Government of the Democratic Republic of the Congo—
is committed to responsible and transparent management of natural resources across the country; and
takes active measures—
to promote economic development;
to hold accountable individuals who illegally exploit the country’s natural resources; and
to implement the Extractive Industries Transparency Initiative by enacting laws requiring disclosure and independent auditing of company payments and government receipts for natural resource extraction;
to promote a viable civil society and to enhance nongovernmental organizations and institutions, including religious organizations, the media, political parties, trade unions, and trade and business associations, that can act as a stabilizing force and effective check on the government;
to help rebuild and enhance infrastructure, communications, and other mechanisms that will increase the ability of the central government to manage internal affairs, encourage economic development, and facilitate relief efforts of humanitarian organizations;
to help halt the high prevalence of sexual abuse and violence perpetrated against women and children in the Democratic Republic of the Congo and mitigate the detrimental effects from acts of this type of violence by undertaking a number of health, education, and psycho-social support programs;
to work aggressively on a bilateral basis to urge governments of countries contributing troops to the United Nations Peacekeeping Mission in the Democratic Republic of the Congo (MONUC) to enact and enforce laws on trafficking in persons and sexual abuse that meet international standards, promote codes of conduct for troops serving as part of United Nations peacekeeping missions, and immediately investigate and punish citizens who are responsible for abuses in the Democratic Republic of the Congo;
to assist the Government of the Democratic Republic of the Congo as undertakes steps to—
protect internally displaced persons and refugees in the Democratic Republic of the Congo and border regions from all forms of violence, including gender-based violence and other human rights abuses;
address other basic needs of vulnerable populations with the goal of allowing these conflict-affected individuals to ultimately return to their homes; and
assess the magnitude of the problem of orphans from conflict and HIV/AIDS in the Democratic Republic of the Congo, and work to establish a program of national support;
to engage with governments working to promote peace and security throughout the Democratic Republic of the Congo and hold accountable individuals, entities, and countries working to destabilize the country; and
to promote appropriate use of the forests of the Democratic Republic of the Congo in a manner that benefits the rural population in that country that depends on the forests for their livelihoods and protects national and environmental interests.
BILATERAL ASSISTANCE TO THE DEMOCRATIC REPUBLIC OF THE CONGO.
Funding for Fiscal Years 2006 and 2007.—
Of the amounts made available to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Agricultural Trade Development and Assistance Act of 1954 [now Food for Peace Act] [7 U.S.C. 1691 et seq.] (68 Stat. 454, chapter 469), and the Arms Export Control Act (22 U.S.C. 2751 et seq.) for fiscal year 2006 and 2007, at least $52,000,000 for each such fiscal year should be allocated for bilateral assistance programs in the Democratic Republic of the Congo.
Future Year Funding.—
It is the sense of Congress that the Department of State should submit budget requests in fiscal years 2008 and 2009 that contain increases in bilateral assistance for the Democratic Republic of the Congo that are appropriate if progress is being made, particularly cooperation by the Government of the Democratic Republic of the Congo, toward accomplishing the policy objectives described in section 102.
Coordination With Other Donor Nations.—
The United States should work with other donor nations, on a bilateral and multilateral basis, to increase international contributions to the Democratic Republic of the Congo and accomplish the policy objectives described in section 102.
ACCOUNTABILITY FOR THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF THE CONGO.
Sense of Congress.—
It is the sense of Congress that—
the Government of the Democratic Republic of the Congo must be committed to achieving the policy objectives described in section 102 if the efforts of the United States and other members of the international community are to be effective in bringing relief, security, and democracy to the country;
the Government of the Democratic Republic of the Congo should immediately exercise control over and discipline its armed forces, stop the mass rapes at the hands of its armed forces, and hold those responsible for these acts accountable before an appropriate tribunal;
the Government of the Democratic Republic of the Congo, in collaboration with international aid agencies, should establish expert teams to assess the needs of the victims of rape and provide health, counseling, and social support services that such victims need; and
the international community, through the United Nations peacekeeping mission, humanitarian and development relief, and other forms of assistance, is providing a substantial amount of funding that is giving the Government of the Democratic Republic of the Congo an opportunity to make progress towards accomplishing the policy objectives described in section 102, but this assistance cannot continue in perpetuity.
Termination of Assistance.—
It is the sense of Congress that the Secretary of State should withhold assistance otherwise available under this Act if the Secretary determines that the Government of the Democratic Republic of the Congo is not making sufficient progress towards accomplishing the policy objectives described in section 102.
WITHHOLDING OF ASSISTANCE.
REPORT ON PROGRESS TOWARD ACCOMPLISHING POLICY OBJECTIVES.
Report Required.—
Not later than one year after the date of the enactment of this Act [
Contents.—
The report required under subsection (a) shall include—
a description of any major impediments that prevent the accomplishment of the policy objectives described in section 102, including any destabilizing activities undertaken in the Democratic Republic of Congo by governments of neighboring countries;
an evaluation of United States policies and foreign assistance programs designed to accomplish such policy objectives; and
recommendations for—
improving the policies and programs referred to in paragraph (2); and
any additional bilateral or multilateral actions necessary to promote peace and prosperity in the Democratic Republic of the Congo.
SPECIAL ENVOY FOR THE GREAT LAKES REGION.
MULTILATERAL ACTIONS TO ADDRESS URGENT NEEDS IN THE DEMOCRATIC REPUBLIC OF THE CONGO
PROMOTION OF UNITED STATES POLICY TOWARD THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE UNITED NATIONS SECURITY COUNCIL.
“The United States should use its voice and vote in the United Nations Security Council—
to address exploitation at the United Nations Peacekeeping Mission in the Democratic Republic of the Congo (MONUC) by continuing to urge, when credible allegations exist, appropriate investigation of alleged perpetrators and, as necessary, prosecution of United Nations personnel responsible for sexual abuses in the Democratic Republic of the Congo;
to conclude at the earliest possible date a Memorandum of Understanding relating to binding codes of conduct and programs for the prevention of sexual abuse and trafficking in persons to be undertaken by the United Nations for all countries that contribute troops to MONUC, to include the assumption of personal liability for the provision of victims assistance and child support, as appropriate, by those who violate the codes of conduct;
to strengthen the authority and capacity of MONUC by—
providing specific authority and obligation to prevent and effectively counter imminent threats;
clarifying and strengthening MONUC’s rules of engagement to enhance the protection of vulnerable civilian populations;
enhancing the surveillance and intelligence-gathering capabilities available to MONUC;
where consistent with United States policy, making available personnel, communications, and military assets that improve the effectiveness of robust peacekeeping, mobility, and command and control capabilities of MONUC; and
providing MONUC with the authority and resources needed to effectively monitor arms trafficking and natural resource exploitation at key border posts and airfields in the eastern part of the Democratic Republic of the Congo;
to encourage regular visits of the United Nations Security Council to monitor the situation in the Democratic Republic of the Congo;
to ensure that the practice of recruiting and arming children in the Democratic Republic of the Congo is immediately halted pursuant to Security Council Resolutions 1460 (2003) and 1539 (2004);
to strengthen the arms embargo imposed pursuant to Security Council Resolution 1493 (2003) and ensure that violators are held accountable through appropriate measures, including the possible imposition of sanctions;
to allow for the more effective protection and monitoring of natural resources in the Democratic Republic of the Congo, especially in the eastern part of the country, and for public disclosure and independent auditing of natural resource revenues to help ensure transparent and accountable management of these revenues;
to press countries in the Congo region to help facilitate an end to the violence in the Democratic Republic of the Congo and promote relief, security, and democracy throughout the region; and
to encourage the United Nations Secretary-General to become more involved in completing the policy objectives described in paragraphs (1) and (2) of section 102 and ensure that recent fighting in North Kivu, which displaced over 150,000 people, as well as fighting in Ituri and other areas, does not create widespread instability throughout the country.
INCREASING CONTRIBUTIONS AND OTHER HUMANITARIAN AND DEVELOPMENT ASSISTANCE THROUGH INTERNATIONAL ORGANIZATIONS.
In General.—
The President should instruct the United States permanent representative or executive director, as the case may be, to the United Nations voluntary agencies, including the World Food Program, the United Nations Development Program, and the United Nations High Commissioner for Refugees, and other appropriate international organizations to use the voice and vote of the United States to support additional humanitarian and development assistance for the Democratic Republic of the Congo in order to accomplish the policy objectives described in section 102.
Support Contingent on Progress.—
If the Secretary of State determines that the Government of the Democratic Republic of the Congo is not making sufficient progress towards accomplishing the policy objectives described in section 102, the President shall consider withdrawing United States support for the assistance described in subsection (a) when future funding decisions are considered.”
Promotion of Democracy for Iran
DECLARATION OF POLICY.
In General.—
Congress declares that it should be the policy of the United States—
to support efforts by the people of Iran to exercise self-determination over the form of government of their country; and
to support independent human rights and peaceful pro-democracy forces in Iran.
Rule of Construction.—
Nothing in this Act [amending section 5318A of Title 31, Money and Finance, and enacting and amending provisions set out as notes under section 1701 of Title 50, War and National Defense] shall be construed as authorizing the use of force against Iran.
ASSISTANCE TO SUPPORT DEMOCRACY FOR IRAN.
Authorization.—
In general.—
Notwithstanding any other provision of law, the President is authorized to provide financial and political assistance (including the award of grants) to foreign and domestic individuals, organizations, and entities working for the purpose of supporting and promoting democracy for Iran. Such assistance may include the award of grants to eligible independent pro-democracy radio and television broadcasting organizations that broadcast into Iran.
Limitation on assistance.—
In accordance with the rule of construction described in subsection (b) of section 301, none of the funds authorized under this section shall be used to support the use of force against Iran.
Eligibility for Assistance.—
Financial and political assistance under this section should be provided only to an individual, organization, or entity that—
officially opposes the use of violence and terrorism and has not been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) at any time during the preceding four years;
advocates the adherence by Iran to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel;
is dedicated to democratic values and supports the adoption of a democratic form of government in Iran;
is dedicated to respect for human rights, including the fundamental equality of women;
works to establish equality of opportunity for people; and
supports freedom of the press, freedom of speech, freedom of association, and freedom of religion.
Funding.—
The President may provide assistance under this section using—
funds available to the Middle East Partnership Initiative (MEPI), the Broader Middle East and North Africa Initiative, and the Human Rights and Democracy Fund; and
amounts made available pursuant to the authorization of appropriations under subsection (g).
Notification.—
Not later than 15 days before each obligation of assistance under this section, and in accordance with the procedures under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–l), the President shall notify the Committee on International Relations [now 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.
Sense of Congress Regarding Diplomatic Assistance.—
It is the sense of Congress that—
support for a transition to democracy in Iran should be expressed by United States representatives and officials in all appropriate international fora;
officials and representatives of the United States should—
strongly and unequivocally support indigenous efforts in Iran calling for free, transparent, and democratic elections; and
draw international attention to violations by the Government of Iran of human rights, freedom of religion, freedom of assembly, and freedom of the press.
Duration.—
The authority to provide assistance under this section shall expire on
Authorization of Appropriations.—
There is authorized to be appropriated to the Secretary of State such sums as may be necessary to carry out this section.”
Syria Accountability and Lebanese Sovereignty Restoration
SHORT TITLE.
FINDINGS.
“Congress makes the following findings:
On
United Nations Security Council Resolution 1373 (
The Government of Syria is currently prohibited by United States law from receiving United States assistance because it has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State for purposes of [former] section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)) [former 50 U.S.C. 4605(j)(1)] and other relevant provisions of law.
Although the Department of State lists Syria as a state sponsor of terrorism and reports that Syria provides ‘safe haven and support to several terrorist groups’, fewer United States sanctions apply with respect to Syria than with respect to any other country that is listed as a state sponsor of terrorism.
Terrorist groups, including Hizballah, Hamas, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine—General Command, maintain offices, training camps, and other facilities on Syrian territory, and operate in areas of Lebanon occupied by the Syrian armed forces and receive supplies from Iran through Syria.
United Nations Security Council Resolution 520 (
Approximately 20,000 Syrian troops and security personnel occupy much of the sovereign territory of Lebanon exerting undue influence upon its government and undermining its political independence.
Since 1990 the Senate and House of Representatives have passed seven bills and resolutions which call for the withdrawal of Syrian armed forces from Lebanon.
On
Large and increasing numbers of the Lebanese people from across the political spectrum in Lebanon have mounted peaceful and democratic calls for the withdrawal of the Syrian Army from Lebanese soil.
Israel has withdrawn all of its armed forces from Lebanon in accordance with United Nations Security Council Resolution 425 (
Even in the face of this United Nations certification that acknowledged Israel’s full compliance with Security Council Resolution 425, Syrian- and Iranian-supported Hizballah continues to attack Israeli outposts at Shebaa Farms, under the pretense that Shebaa Farms is territory from which Israel was required to withdraw by Security Counsel Resolution 425, and Syrian- and Iranian-supported Hizballah and other militant organizations continue to attack civilian targets in Israel.
Syria will not allow Lebanon—a sovereign country—to fulfill its obligation in accordance with Security Council Resolution 425 to deploy its troops to southern Lebanon.
As a result, the Israeli-Lebanese border and much of southern Lebanon is under the control of Hizballah, which continues to attack Israeli positions, allows Iranian Revolutionary Guards and other militant groups to operate freely in the area, and maintains thousands of rockets along Israel’s northern border, destabilizing the entire region.
On
In the State of the Union address on
The Government of Syria continues to develop and deploy short- and medium-range ballistic missiles.
According to the December 2001 unclassified Central Intelligence Agency report entitled ‘Foreign Missile Developments and the Ballistic Missile Threat through 2015’, ‘Syria maintains a ballistic missile and rocket force of hundreds of FROG rockets, Scuds, and SS–21 SRBMs [and] Syria has developed [chemical weapons] warheads for its Scuds’.
The Government of Syria is pursuing the development and production of biological and chemical weapons and has a nuclear research and development program that is cause for concern.
According to the Central Intelligence Agency’s ‘Unclassified Report to Congress on the Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced Conventional Munitions’, released
On
According to the Central Intelligence Agency’s ‘Unclassified Report to Congress on the Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced Conventional Munitions’, released
Under the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483), which entered force on
Syria is not a party to the Chemical Weapons Convention or the Biological Weapons Convention, which entered into force on
Syrian President Bashar Assad promised Secretary of State Powell in February 2001 to end violations of Security Council Resolution 661, which restricted the sale of oil and other commodities by Saddam Hussein’s regime, except to the extent authorized by other relevant resolutions, but this pledge was never fulfilled.
Syria’s illegal imports and transshipments of Iraqi oil during Saddam Hussein’s regime earned Syria $50,000,000 or more per month as Syria continued to sell its own Syrian oil at market prices.
Syria’s illegal imports and transshipments of Iraqi oil earned Saddam Hussein’s regime $2,000,000 per day.
On
According to Article 23(1) of the United Nations Charter, members of the United Nations are elected as nonpermanent members of the United Nations Security Council with ‘due regard being specially paid, in the first instance to the contribution of members of the United Nations to the maintenance of international peace and security and to other purposes of the Organization’.
Despite Article 23(1) of the United Nations Charter, Syria was elected on
On
On
On
During his appearance before the Committee on International Relations of the House of Representatives on
SENSE OF CONGRESS.
“It is the sense of Congress that—
the Government of Syria should immediately and unconditionally halt support for terrorism, permanently and openly declare its total renunciation of all forms of terrorism, and close all terrorist offices and facilities in Syria, including the offices of Hamas, Hizballah, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine—General Command;
the Government of Syria should—
immediately and unconditionally stop facilitating transit from Syria to Iraq of individuals, military equipment, and all lethal items, except as authorized by the Coalition Provisional Authority or a representative, internationally recognized Iraqi government;
cease its support for ‘volunteers’ and terrorists who are traveling from and through Syria into Iraq to launch attacks; and
undertake concrete, verifiable steps to deter such behavior and control the use of territory under Syrian control;
the Government of Syria should immediately declare its commitment to completely withdraw its armed forces, including military, paramilitary, and security forces, from Lebanon, and set a firm timetable for such withdrawal;
the Government of Lebanon should deploy the Lebanese armed forces to all areas of Lebanon, including South Lebanon, in accordance with United Nations Security Council Resolution 520 (
the Government of Syria should halt the development and deployment of medium- and long-range surface-to-surface missiles and cease the development and production of biological and chemical weapons;
the Governments of Lebanon and Syria should enter into serious unconditional bilateral negotiations with the Government of Israel in order to realize a full and permanent peace;
the United States should continue to provide humanitarian and educational assistance to the people of Lebanon only through appropriate private, nongovernmental organizations and appropriate international organizations, until such time as the Government of Lebanon asserts sovereignty and control over all of its territory and borders and achieves full political independence, as called for in United Nations Security Council Resolution 520; and
as a violator of several key United Nations Security Council resolutions and as a nation that pursues policies which undermine international peace and security, Syria should not have been permitted to join the United Nations Security Council or serve as the Security Council’s President, and should be removed from the Security Council.
STATEMENT OF POLICY.
“It is the policy of the United States that—
Syria should bear responsibility for attacks committed by Hizballah and other terrorist groups with offices, training camps, or other facilities in Syria, or bases in areas of Lebanon occupied by Syria;
the United States will work to deny Syria the ability to support acts of international terrorism and efforts to develop or acquire weapons of mass destruction;
the Secretary of State will continue to list Syria as a state sponsor of terrorism until Syria ends its support for terrorism, including its support of Hizballah and other terrorist groups in Lebanon and its hosting of terrorist groups in Damascus, and comes into full compliance with United States law relating to terrorism and United Nations Security Council Resolution 1373 (
the full restoration of Lebanon’s sovereignty, political independence, and territorial integrity is in the national security interest of the United States;
Syria is in violation of United Nations Security Council Resolution 520 (
Syria’s obligation to withdraw from Lebanon is not conditioned upon progress in the Israeli-Syrian or Israeli-Lebanese peace process but derives from Syria’s obligation under Security Council Resolution 520;
Syria’s acquisition of weapons of mass destruction and ballistic missile programs threaten the security of the Middle East and the national security interests of the United States;
Syria will be held accountable for any harm to Coalition armed forces or to any United States citizen in Iraq if the government of Syria is found to be responsible due to its facilitation of terrorist activities and its shipments of military supplies to Iraq; and
the United States will not provide any assistance to Syria and will oppose multilateral assistance for Syria until Syria ends all support for terrorism, withdraws its armed forces from Lebanon, and halts the development and deployment of weapons of mass destruction and medium- and long-range surface-to-surface ballistic missiles.
PENALTIES AND AUTHORIZATION.
Penalties.—
Until the President makes the determination that Syria meets all the requirements described in paragraphs (1) through (4) of subsection (d) and certifies such determination to Congress in accordance with such subsection—
the President shall prohibit the export to Syria of any item, including the issuance of a license for the export of any item, on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations (15 CFR part 730 et seq.); and
the President shall impose two or more of the following sanctions:
Prohibit the export of products of the United States (other than food and medicine) to Syria.
Prohibit United States businesses from investing or operating in Syria.
Restrict Syrian diplomats in Washington, D.C., and at the United Nations in New York City, to travel only within a 25-mile radius of Washington, D.C., or the United Nations headquarters building, respectively.
Prohibit aircraft of any air carrier owned or controlled by Syria to take off from, land in, or overfly the United States.
Reduce United States diplomatic contacts with Syria (other than those contacts required to protect United States interests or carry out the purposes of this Act).
Block transactions in any property in which the Government of Syria has any interest, by any person, or with respect to any property, subject to the jurisdiction of the United States.
Waiver.—
The President may waive the application of subsection (a)(1), (a)(2), or both if the President determines that it is in the national security interest of the United States to do so and submits to the appropriate congressional committees a report containing the reasons for the determination.
Authority To Provide Assistance To Syria.—
If the President—
makes the determination that Syria meets the requirements described in paragraphs (1) through (4) of subsection (d) and certifies such determination to Congress in accordance with such subsection;
determines that substantial progress has been made both in negotiations aimed at achieving a peace agreement between Israel and Syria and in negotiations aimed at achieving a peace agreement between Israel and Lebanon; and
determines that the Government of Syria is strictly respecting the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon through the Lebanese army throughout Lebanon, as required under paragraph (4) of United Nations Security Council Resolution 520 (1982),
then the President is authorized to provide assistance to Syria under chapter 1 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] (relating to development assistance).
Certification.—
A certification under this subsection is a certification transmitted to the appropriate congressional committees of a determination made by the President that—
the Government of Syria has ceased providing support for international terrorist groups and does not allow terrorist groups, such as Hamas, Hizballah, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine—General Command to maintain facilities in territory under Syrian control;
the Government of Syria ended its occupation of Lebanon described in section 2(7) of this Act;
the Government of Syria has ceased the development and deployment of medium- and long-range surface-to-surface ballistic missiles, is not pursuing or engaged in the research, development, acquisition, production, transfer, or deployment of biological, chemical, or nuclear weapons, has provided credible assurances that such behavior will not be undertaken in the future, and has agreed to allow United Nations and other international observers to verify such actions and assurances; and
the Government of Syria has ceased all support for, and facilitation of, all terrorist activities inside of Iraq, including preventing the use of territory under its control by any means whatsoever to support those engaged in terrorist activities inside of Iraq.
REPORT.
Report.—
Not later than 6 months after the date of the enactment of this Act [
Syria’s progress toward meeting the conditions described in paragraphs (1) through (4) of section 5(d);
connections, if any, between individual terrorists and terrorist groups which maintain offices, training camps, or other facilities on Syrian territory, or operate in areas of Lebanon occupied by the Syrian armed forces, and terrorist attacks on the United States or its citizens, installations, or allies; and
how the United States is increasing its efforts against Hizballah and other terrorist organizations supported by Syria.
Form.—
The report submitted under subsection (a) shall be in unclassified form but may include a classified annex.
DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
Iraq Relief and Reconstruction Fund
The Secretary of State shall submit to the Committees on Appropriations not later than
The use of all funds on a project-by-project basis for which funds appropriated under such heading were obligated prior to the submission of the report, including estimates by the CPA of the costs required to complete each project.
The distribution of duties and responsibilities regarding such projects among the agencies of the United States Government.
Revenues to the CPA attributable to or consisting of funds provided by foreign governments and international organizations, disaggregated by donor, any obligations or expenditures of such revenues, and the purpose of such obligations and expenditures.
Revenues to the CPA attributable to or consisting of foreign assets seized or frozen, any obligations or expenditures of such revenues, and the purpose of such obligations and expenditures.
Any proposed new projects and increases in funding of ongoing projects shall be reported to the Committees on Appropriations in accordance with regular notification procedures.
The report required by subsection (a) shall be updated and submitted to the Committees on Appropriations every 3 months and shall include information on how the estimates and assumptions contained in previous reports have changed.
The requirements of this section shall expire on
Any reference in this chapter [chapter 2 of title II of Pub. L. 108–106, enacting section 7554 of this title, amending sections 7518 and 7532 of this title, and enacting this note and section 2215(a) of Pub. L. 108–106, set out as a note below] to the ‘Coalition Provisional Authority in Iraq’ or the ‘Coalition Provisional Authority’ shall be deemed to include any successor United States Government entity with the same or substantially the same authorities and responsibilities as the Coalition Provisional Authority in Iraq.”
Reports on Iraqi Oil Production and Revenues
Reports on United States Strategy for Relief and Reconstruction in Iraq
Community-Based Police Assistance for Jamaica and El Salvador
Authority.—
Funds made available to carry out the provisions of chapter 1 of part I [22 U.S.C. 2151 et seq.] and chapter 4 of part II [22 U.S.C. 2346 et seq.] of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act [22 U.S.C. 2420], to enhance the effectiveness and accountability of civilian police authority in Jamaica and El Salvador through training and technical assistance in human rights, the rule of law, strategic planning, and through assistance to foster civilian police roles that support democratic governance including assistance for programs to prevent conflict and foster improved police relations with the communities they serve.
Report.—
The Administrator of the United States Agency for International Development shall submit, at the time of submission of the agency’s Congressional Budget Justification Document for fiscal year 2004, and annually thereafter, a report to the Committees on Appropriations describing the progress these programs are making toward improving police relations with the communities they serve and institutionalizing an effective community-based police program.
The requirements of paragraph (1) are in lieu of the requirements contains [sic] in section 587(b) of Public Law 107–115 [see Similar Provisions note below].
Notification.—
Assistance provided under subsection (a) shall be subject to the regular notification procedures of the Committees on Appropriations.”
Assistance for Zimbabwe
SHORT TITLE.
STATEMENT OF POLICY.
DEFINITIONS.
“In this Act:
International financial institutions.—
The term ‘international financial institutions’ means the multilateral development banks and the International Monetary Fund.
Multilateral development banks.—
The term ‘multilateral development banks’ means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the Multilateral Investment Guaranty Agency.
SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.
Findings.—
Congress makes the following findings:
Through economic mismanagement, undemocratic practices, and the private appropriation of public assets, the Government of Zimbabwe has rendered itself ineligible to participate in International Bank for Reconstruction and Development and International Monetary Fund programs, which would otherwise be providing substantial resources to assist in the recovery and modernization of Zimbabwe’s economy. The people of Zimbabwe have thus been denied the economic and democratic benefits envisioned by the donors to such programs, including the United States.
In September 1999 the IMF suspended its support under a ‘Stand By Arrangement’, approved the previous month, for economic adjustment and reform in Zimbabwe.
In October 1999, the International Development Association (in this section referred to as the ‘IDA’) suspended all structural adjustment loans, credits, and guarantees to the Government of Zimbabwe.
In May 2000, the IDA suspended all other new lending to the Government of Zimbabwe.
In September 2000, the IDA suspended disbursement of funds for ongoing projects under previously-approved loans, credits, and guarantees to the Government of Zimbabwe.
In October 2016, the Government of Zimbabwe cleared a small hurdle in its longstanding public sector arrears with the IMF.
Support for Democratic Transition and Economic Recovery.—
Bilateral debt relief.—
Upon receipt by the appropriate congressional committees of a certification described in subsection (d), the Secretary of the Treasury shall undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by any agency of the United States Government.
Multilateral debt relief and other financial assistance.—
It is the sense of Congress that, upon receipt by the appropriate congressional committees of a certification described in subsection (d), the Secretary of the Treasury should—
direct the United States executive director of each multilateral development bank to support efforts to reevaluate plans to restructure, rebuild, reschedule, or eliminate Zimbabwe’s sovereign debt held by that bank and provide an analysis based on reasonable financial options to achieve those goals; and
direct the United States executive director of each international financial institution to which the United States is a member to propose to undertake financial and technical support for Zimbabwe, especially support that is intended to promote Zimbabwe’s economic recovery and development, the stabilization of the Zimbabwean currency, and the viability of Zimbabwe’s democratic institutions.
Multilateral Financing Restriction.—
Until the President makes the certification described in subsection (d), and except as may be required to meet basic human needs or for good governance, the Secretary of the Treasury shall instruct the United States executive director to each international financial institution to oppose and vote against—
any extension by the respective institution of any loan, credit, or guarantee to the Government of Zimbabwe; or
any cancellation or reduction of indebtedness owed by the Government of Zimbabwe to the United States or any international financial institution.
Presidential Certification That Certain Conditions Are Satisfied.—
A certification under this subsection is a certification transmitted to the appropriate congressional committees of a determination made by the President that the following conditions are satisfied:
Restoration of the rule of law.—
The rule of law has been restored in Zimbabwe, including respect for ownership and title to property, freedom of speech and association, and an end to the lawlessness, violence, and intimidation sponsored, condoned, or tolerated by the Government of Zimbabwe, the ruling party, and their supporters or entities.
Election or pre-election conditions.—
Either of the following two conditions is satisfied:
Presidential election.—
Zimbabwe has held a presidential election that is widely accepted as free and fair by independent international monitors, and the president-elect is free to assume the duties of the office.
Pre-election conditions.—
In the event the certification is made before the presidential election takes place, the Government of Zimbabwe has sufficiently improved the pre-election environment to a degree consistent with accepted international standards for security and freedom of movement and association.
Commitment to equitable, legal, and transparent land reform.—
The Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and transparent land reform program.
Military and national police subordinate to civilian government.—
The Zimbabwean Armed Forces, the National Police of Zimbabwe, and other state security forces are responsible to and serve the elected civilian government.
Waiver.—
The President may waive the provisions of subsection (b)(1) or subsection (c), if the President determines that it is in the national interest of the United States to do so.
SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND INDEPENDENT MEDIA, AND THE RULE OF LAW.
In General.—
The President is authorized to provide assistance under part I [22 U.S.C. 2151 et seq.] and chapter 4 of part II [22 U.S.C. 2346 et seq.] of the Foreign Assistance Act of 1961 to—
support an independent and free press and electronic media in Zimbabwe;
support equitable, legal, and transparent mechanisms of land reform in Zimbabwe;
provide for democracy and governance programs in Zimbabwe; and
identify and recover stolen public assets.
Funding.—
Of the funds authorized to be appropriated to carry out part I [22 U.S.C. 2151 et seq.] and chapter 4 of part II [22 U.S.C. 2346 et seq.] of the Foreign Assistance Act of 1961 for fiscal year 2002—
$20,000,000 is authorized to be available to provide the assistance described in subsection (a)(2); and
$6,000,000 is authorized to be available to provide the assistance described in subsection (a)(3).
Supersedes Other Laws.—
The authority in this section supersedes any other provision of law.
SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE BREAKDOWN OF THE RULE OF LAW IN ZIMBABWE.
“It is the sense of Congress that the President should begin immediate consultation with the governments of European Union member states, Canada, Australia, the United Kingdom, the African Union, the Southern African Development Community, and other appropriate foreign countries on ways in which to—
identify and share information regarding individuals responsible for the deliberate breakdown of the rule of law, politically motivated violence, and intimidation in Zimbabwe;
identify assets of those individuals held outside Zimbabwe;
implement travel and economic sanctions against those individuals and their associates and families; and
provide for the eventual removal or amendment of those sanctions.”
Report on Relations With Vietnam
Iraq Liberation
Assistance for Mauritania
Prohibition.—
The President should not provide economic assistance, military assistance or arms transfers to the Government of Mauritania unless the President certifies to the Congress that such Government has taken appropriate action to eliminate chattel slavery in Mauritania, including—
the enactment of anti-slavery laws that provide appropriate punishment for violators of such laws; and
the rigorous enforcement of such laws.
Definitions.—
For purposes of this section, the following definitions apply:
Economic assistance.—
The term ‘economic assistance’ means any assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), except that such term does not include humanitarian assistance.
Military assistance or arms transfers.—
The term ‘military assistance or arms transfers’ means—
assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.; relating to military assistance), including the transfer of excess defense articles under sections 516 through 519 of that Act (22 U.S.C. 2321j through 2321m);
assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to international military education and training);
assistance under the ‘Foreign Military Financing Program’ under section 23 of the Arms Export Control Act (22 U.S.C. 2763); or
the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including defense articles and defense services licensed or approved for export under section 38 of that Act (22 U.S.C. 2778).”
Authority for Anticrime Assistance
African Conflict Resolution
SHORT TITLE.
FINDINGS AND STATEMENT OF POLICY.
Findings.—
The Congress makes the following findings:
It is in the national interest of the United States to help build African capability in conflict resolution. A relatively small investment of assistance in promoting African conflict resolution—
would reduce the enormous human suffering which is caused by wars in Africa;
would help the United States avoid huge future expenditures necessitated by Somalia-like humanitarian disasters; and
would reduce the need for United Nations intervention as African institutions develop the ability to resolve African conflicts.
Africa, to a greater extent than any other continent, is afflicted by war. Africa has been marred by more than 20 major civil wars since 1960. Rwanda, Somalia, Angola, Sudan, Liberia, and Burundi are among those countries that have recently suffered serious armed conflict.
In the last decade alone, between 2,000,000 and 4,000,000 Africans have died because of war. There were 5,200,000 refugees and 13,100,000 displaced people in Africa in 1993.
Millions more Africans are currently at risk of war-related death. Looming or ongoing conflicts in Zaire, Angola, Sudan, Rwanda, and other countries threaten Africa’s future.
War has caused untold economic and social damage to the countries of Africa. Food production is impossible in conflict areas, and famine often results. Widespread conflict has condemned many of Africa’s children to lives of misery and, in certain cases, has threatened the existence of traditional African cultures.
Conflict and instability in Africa, particularly in large, potentially rich countries such as Angola, Sudan, and Zaire, deprive the global economy of resources and opportunities for trade and investment. Peace in these countries could make a significant contribution to global economic growth, while creating new opportunities for United States businesses.
Excessive military expenditures threaten political and economic stability in Africa while diverting scarce resources from development needs. Demobilization and other measures to reduce the size of African armies, and civilian control of the military under the rule of law are in the interest of international security and economic development.
Conflict prevention, mediation, and demobilization are prerequisites to the success of development assistance programs. Nutrition and education programs, for example, cannot succeed in a nation at war. Billions of dollars of development assistance have been virtually wasted in war-ravaged countries such as Liberia, Somalia, and Sudan.
Africans have a long tradition of informal mediation. This tradition should be built upon to create effective institutions through which Africans can resolve African conflicts.
The effectiveness of U.S. support for conflict resolution programs requires coordination and collaboration with multilateral institutions and other bilateral donors.
African institutions are playing an active role in conflict resolution and mediation utilizing the experience of elder statesmen. Groups such as the All African Council of Churches have assisted in defusing conflicts. The Economic Community of West African States (ECOWAS) has sought to address the conflict in Liberia by deploying an African peacekeeping force. The Southern African states have been working to prevent a crisis in Lesotho. The Intergovernmental Authority on Desertification and Drought (IGADD) has been engaged in attempting to resolve the conflict in Sudan.
The Organization of African Unity, under the leadership of Secretary General Salim Salim, has established a conflict resolution mechanism and has been active in mediation and conflict resolution in several African countries.
United States Policy.—
The Congress declares, therefore, that a key goal for United States foreign policy should be to help institutionalize conflict resolution capability in Africa.
IMPROVING THE CONFLICT RESOLUTION CAPABILITIES OF THE ORGANIZATION OF AFRICAN UNITY.
Authorization of Assistance.—
The President is authorized to provide assistance to strengthen the conflict resolution capability of the Organization of African Unity, as follows:
Funds may be provided to the Organization of African Unity for use in supporting its conflict resolution capability, including providing technical assistance.
Funds may be used for expenses of sending individuals with expertise in conflict resolution to work with the Organization of African Unity.
Funding.—
Of the foreign assistance funds that are allocated for sub-Saharan Africa, not less than $1,500,000 for each of the fiscal years 1995 through 1998 should be used to carry out subsection (a).
IMPROVING CONFLICT RESOLUTION CAPABILITIES OF MULTILATERAL SUBREGIONAL ORGANIZATIONS IN AFRICA.
Authorization of Assistance.—
The President is authorized to provide assistance to strengthen the conflict resolution capabilities of subregional organizations established by countries in sub-Saharan Africa, as follows:
Funds may be provided to such organizations for use in supporting their conflict resolution capability, including providing technical assistance.
Funds may be used for the expenses of sending individuals with expertise in conflict resolution to work with such organizations.
Funding.—
Of the foreign assistance funds that are allocated for sub-Saharan Africa, such sums as may be necessary for each of the fiscal years 1995 through 1998 may be used to carry out subsection (a).
IMPROVING CONFLICT RESOLUTION CAPABILITIES OF NON-GOVERNMENTAL ORGANIZATIONS.
Authorization of Assistance.—
The President is authorized to provide assistance to nongovernmental organizations that are engaged in mediation and reconciliation efforts in sub-Saharan Africa.
Funding.—
Of the foreign assistance funds that are allocated for sub-Saharan Africa, such sums as may be necessary for each of the fiscal years 1995 and 1996 should be used to carry out subsection (a).
AFRICAN DEMOBILIZATION AND RETRAINING PROGRAM.
Authorization of Assistance.—
In order to facilitate reductions in the size of the armed forces of countries of sub-Saharan Africa, the President is authorized to—
provide assistance for the encampment and related activities for the purpose of demobilization of such forces; and
provide assistance for the reintegration of demobilized military personnel into civilian society through activities such as retraining for civilian occupations, creation of income-generating opportunities, their reintegration into agricultural activities, and the transportation to the home areas of such personnel.
Funding.—
Of the foreign assistance funds that are allocated for sub-Saharan Africa, $25,000,000 for each of the fiscal years 1995 and 1996 should be used for the assistance described in subsection (a), if conditions permit.
Civilian Involvement.—
The President is also authorized to promote civilian involvement in the planning and organization of demobilization and reintegration activities.
TRAINING FOR AFRICANS IN CONFLICT RESOLUTION AND PEACEKEEPING.
Authorization.—
The President is authorized to establish a program to provide education and training in conflict resolution and peacekeeping for civilian and military personnel of countries in sub-Saharan Africa.
Funding.—
Of the funds made available under chapter 5 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2347 et seq.], such sums as may be necessary for each of the fiscal years 1995 and 1996 should be used for the purposes of subsection (a).
PLAN FOR UNITED STATES SUPPORT FOR CONFLICT RESOLUTION AND DEMOBILIZATION IN SUB-SAHARAN AFRICA.
In General.—
Pursuant to the provisions of sections 3 through 7, the President should develop an integrated long-term plan, which incorporates local perspectives, to provide support for the enhancement of conflict resolution capabilities and demobilization activities in sub-Saharan Africa.
Contents of Plan.—
Such plan should include:
The type, purpose, amount, and duration of assistance that is planned to be provided to conflict resolution units in sub-Saharan Africa.
The type and amount of assistance that is planned to be provided for the demobilization of military personnel of countries of sub-Saharan Africa, including—
a list of which countries will receive such assistance and an explanation of why such countries were chosen for such assistance; and
a list of other countries and international organizations that are providing assistance for such demobilization.
The type and amount of assistance that is planned to be provided to nongovernmental organizations that are engaged in mediation and reconciliation efforts in sub-Saharan Africa.
A description of proposed training programs for Africans in conflict resolution and peacekeeping under section 7, including a list of prospective participants and plans to expand such programs.
The mechanisms to be used to coordinate interagency efforts to administer the plan.
Efforts to seek the participation of other countries and international organizations to achieve the objectives of the plan.
Report.—
Not later than 180 days after the date of the enactment of this Act [
REPORTING REQUIREMENT.
Requirement.—
The President shall submit to the appropriate congressional committees a report describing the efforts and progress made in carrying out the provisions of this Act.
Date of Submission.—
The first report submitted under subsection (a) shall be submitted no later than 180 days after the date of the enactment of this Act [
CONSULTATION REQUIREMENT.
APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
Waiver of Restrictions for Narcotics-Related Economic Assistance
“Appropriate Congressional Committees” Defined for Purposes of Pub. L. 102–583
Impact on Employment in United States
Internationally Recognized Worker Rights
Horn of Africa Recovery and Food Security
Peace Process in Liberia
strongly supports the peace process for Liberia initiated by the Yamoussoukro peace accord;
urges all parties to abide by the terms of the Yamoussoukro agreement;
commends and congratulates the governments of the Economic Community of West African States (ECOWAS) for their leadership in seeking peace in Liberia; and
extends particularly praise to President Babangida of Nigeria, President Houphouet-Boigny of Cote d’Ivoire, and President Diouf of Senegal for their efforts to resolve this conflict.
Authorization of Limited Assistance.—
The President is authorized to provide—
nonpartisan election and democracy-building assistance to support democratic institutions in Liberia, and
assistance for the resettlement of refugees, the demobilization and retraining of troops, and the provision of other appropriate assistance:
Provided, That the President determines and so certifies to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives that Liberia has made significant progress toward democratization and that the provision of such assistance will assist that country in making further progress and is otherwise in the national interest of the United States. A separate determination and certification shall be required for each fiscal year in which such assistance is to be provided.”
Suspension of Certain Programs and Activities Relating to the People’s Republic of China
Suspensions.—
Overseas private investment corporation.—
The Overseas Private Investment Corporation [now the United States International Development Finance Corporation] shall continue to suspend the issuance of any new insurance, reinsurance, guarantees, financing, or other financial support with respect to the People’s Republic of China, unless the President makes a report under subsection (b)(1) or (2) of this section.
Trade and development agency.—
The President shall suspend the obligation of funds under the Foreign Assistance Act of 1961 [see Short Title note above] for any new activities of the Trade and Development Agency with respect to the People’s Republic of China, unless the President makes a report under subsection (b)(1) or (2) of this section.
Munitions export licenses.—
The issuance of licenses under section 38 of the Arms Export Control Act [22 U.S.C. 2778] for the export to the People’s Republic of China of any defense article on the United States Munitions List, including helicopters and helicopter parts, shall continue to be suspended, subject to subparagraph (B), unless the President makes a report under subsection (b)(1) or (2) of this section.
The suspension set forth in subparagraph (A) shall not apply to systems and components designed specifically for inclusion in civil products and controlled as defense articles only for purposes of export to a controlled country, unless the President determines that the intended recipient of such items is the military or security forces of the People’s Republic of China.
Crime control and detection instruments and equipment.—
The issuance of any license under [former] section 6(k) of the Export Administration Act of 1979 [former 50 U.S.C. 4605(k)] for the export to the People’s Republic of China of any crime control or detection instruments or equipment shall be suspended, unless the President makes a report under subsection (b)(1) or (2) of this section.
Export of satellites for launch by the people’s republic of china.—
Exports of any satellite of United States origin that is intended for launch from a launch vehicle owned by the People’s Republic of China shall remain suspended, unless the President makes a report under subsection (b)(1) or (2) of this section.
Nuclear cooperation with the people’s republic of china.—
Any—
application for a license under the Export Administration Act of 1979 [50 U.S.C. 4601 et seq.] for the export to the People’s Republic of China for use in a nuclear production or utilization facility of any goods or technology which, as determined under section 309(c) of the Nuclear Non-Proliferation Act of 1978 [42 U.S.C. 2139a(c)], could be of significance for nuclear explosive purposes, or which, in the judgment of the President, is likely to be diverted for use in such a facility, for any nuclear explosive device, or for research on or development of any nuclear explosive device, shall be suspended,
application for a license for the export to the People’s Republic of China of any nuclear material, facilities, or components subject to the Agreement shall be suspended,
approval for the transfer or retransfer to the People’s Republic of China of any nuclear material, facilities, or components subject to the Agreement shall not be given, and
specific authorization for assistance in any activities with respect to the People’s Republic of China relating to the use of nuclear energy under section 57b.(2) of the Atomic Energy Act of 1954 [42 U.S.C. 2077(b)(2)] shall not be given,
until the conditions specified in subparagraph (B) are met.
Subparagraph (A) applies until—
the President certifies to the Congress that the People’s Republic of China has provided clear and unequivocal assurances to the United States that it is not assisting and will not assist any nonnuclear-weapon state, either directly or indirectly, in acquiring nuclear explosive devices or the materials and components for such devices;
the President makes the certifications and submits the report required by Public Law 99–183 [
the President makes a report under subsection (b)(1) or (2) of this section.
For purposes of this paragraph, the term ‘Agreement’ means the Agreement for Cooperation Between the Government of the United States of America and the Government of the People’s Republic of China Concerning Peaceful Uses of Nuclear Energy (done on
Liberalization of export controls.—
The President shall negotiate with the governments participating in the group known as the Coordinating Committee (COCOM) to suspend, on a multilateral basis, any liberalization by the Coordinating Committee of controls on exports of goods and technology to the People’s Republic of China under [former] section 5 of the Export Administration Act of 1979 [former 50 U.S.C. 4604], including—
the implementation of bulk licenses for exports to the People’s Republic of China; and
the raising of the performance levels of goods or technology below which no authority or permission to export to the People’s Republic of China would be required.
The President shall oppose any liberalization by the Coordinating Committee of controls which is described in subparagraph (A)(ii), until the end of the 6-month period beginning on the date of enactment of this Act [
Termination of Suspensions.—
A report referred to in subsection (a) is a report by the President to the Congress either—
that the Government of the People’s Republic of China has made progress on a program of political reform throughout the country, including Tibet, which includes—
lifting of martial law;
halting of executions and other reprisals against individuals for the nonviolent expression of their political beliefs;
release of political prisoners;
increased respect for internationally recognized human rights, including freedom of expression, the press, assembly, and association; and
permitting a freer flow of information, including an end to the jamming of Voice of America and greater access for foreign journalists; or
that it is in the national interest of the United States to terminate a suspension under subsection (a)(1), (2), (3), (4), or (5), to terminate a suspension or disapproval under subsection (a)(6), or to terminate the opposition required by subsection (a)(7), as the case may be.
Reporting Requirement.—
Sixty days after the date of enactment of this Act [
any steps taken by the Government of China to achieve the objectives described in subsection (b)(1);
the effect of multilateral sanctions on political and economic developments in China and on China’s international economic relations;
the impact of the President’s actions described in section 901(a)(9) [Pub. L. 101–246, title IX,
political and economic developments in China;
the standard of living of the Chinese people;
relations between the United States and China; and
the actions taken by China to promote a settlement in Cambodia which will ensure Cambodian independence, facilitate an act of self-determination by the Cambodian people, and prevent the Khmer Rouge from returning to exclusive power;
the status of programs and activities suspended under subsection (a); and
the additional measures taken by the President under section 901(c) if repression in China deepens.”
Limitation on Assistance to Panamanian Defense Force
Codification of Policy Prohibiting Negotiations With the Palestine Liberation Organization
United States Policy.—
The United States in 1975 declared in a memorandum of agreement with Israel, and has reaffirmed since, that ‘The United States will continue to adhere to its present policy with respect to the Palestine Liberation Organization, whereby it will not recognize or negotiate with the Palestine Liberation Organization so long as the Palestine Liberation Organization does not recognize Israel’s right to exist and does not accept Security Council Resolutions 242 and 338.’.
Reaffirmation and Codification of Policy.—
The United States hereby reaffirms that policy. In accordance with that policy, no officer or employee of the United States Government and no agent or other individual acting on behalf of the United States Government shall negotiate with the Palestine Liberation Organization or any representatives thereof (except in emergency or humanitarian situations) unless and until the Palestine Liberation Organization recognizes Israel’s right to exist, accepts United Nations Security Council Resolutions 242 and 338, and renounces the use of terrorism, except that no funds authorized to be appropriated by this or any other Act may be obligated or made available for the conduct of the current dialogue on the Middle East peace process with any representative of the Palestine Liberation Organization if the President knows and advises the Congress that that representative directly participated in the planning or execution of a particular terrorist activity which resulted in the death or kidnapping of a United States citizen.”
Obligation or Expenditure of Funds for Planning, etc., Mining of the Ports or Territorial Waters of Nicaragua
Prohibition on Certain Assistance to the Khmer Rouge in Kampuchea
Termination of Nonrecurring Activities Under Foreign Assistance Act of 1961 and Removal From Law
Assistance for Panama
Final Accounting of Americans Missing in Action in Vietnam
Plan for Increased Minority Business Participation in Foreign Assistance Activities; Minority Resource Center Section as Implementing Administrative Unit; Functions, Duties, Etc., of Center
Use of Accrued Foreign Currencies
Religious Freedom and Persecution
Communist Regime in China
Definitions
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; and
includes, for purposes of subtitle D [subtitle D (§§ 2041–2043) of title XX of Pub. L. 110–53, enacting provisions set out as notes under sections 2375, 2656, and 7511 of this title], the Committees on Armed Services of the House of Representatives and of the Senate.”
Defense article.—
The term ‘defense article’ has the meaning given the term in section 47(3) of the Arms Export Control Act (22 U.S.C. 2794 note [22 U.S.C. 2794]).
Defense service.—
The term ‘defense service’ has the meaning given the term in section 47(4) of the Arms Export Control Act (22 U.S.C. 2794 note [22 U.S.C. 2794]).
Excess defense article.—
The term ‘excess defense article’ has the meaning given the term in section 644(g) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)).”