--S.2532--
S.2532
One Hundred Second Congress of the United States of
America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
An Act
To support freedom and open markets in the independent states of the
former
Soviet Union, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the `Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992' or the `FREEDOM Support
Act'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of contents.
Sec. 3. Definition of independent states.
TITLE I--GENERAL PROVISIONS
Sec. 102. Program coordination, implementation, and oversight.
Sec. 103. Report on overall assistance and economic cooperation
strategy.
TITLE II--BILATERAL ECONOMIC ASSISTANCE ACTIVITIES
Sec. 201. Support for economic and democratic development in the
independent states.
Sec. 202. Ineligibility for assistance of institutions withholding
certain documents of United States nationals.
TITLE III--BUSINESS AND COMMERCIAL DEVELOPMENT
Sec. 301. American Business Centers.
Sec. 302. Business and Agriculture Advisory Council.
Sec. 303. Funding for export promotion activities and capital
projects.
Sec. 304. Interagency working group on energy of the Trade Promotion
Coordinating Committee.
Sec. 305. Reports to Congress.
Sec. 306. Policy on combatting tied aid practices.
Sec. 307. Technical assistance for the Russian Far East.
Sec. 308. Funding for OPIC programs.
TITLE IV--THE DEMOCRACY CORPS.
Sec. 401. Authorization for establishment of the Democracy Corps.
TITLE V--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES
Sec. 503. Nonproliferation and disarmament activities in the independent
states.
Sec. 504. Nonproliferation and disarmament fund.
Sec. 505. Limitations on defense conversion authorities.
Sec. 506. Soviet weapons destruction.
Sec. 507. Waiver of certain provisions.
Sec. 508. Notice and reports to Congress.
Sec. 509. International nonproliferation initiative.
Sec. 510. Report on special nuclear materials.
Sec. 511. Research and development foundation.
TITLE VI--SPACE TRADE AND COOPERATION
Sec. 601. Facilitating discussions regarding the acquisition of space
hardware, technology, and services from the former Soviet Union.
Sec. 602. Office of Space Commerce.
Sec. 603. Report to Congress.
TITLE VII--AGRICULTURAL TRADE
Sec. 701. Food for Progress Act.
Sec. 702. Definitions for Agricultural Trade Act of 1978.
Sec. 703. Assistance for private voluntary organizations.
Sec. 704. Distribution of aid to the independent states of the former
Soviet Union.
Sec. 705. Agricultural fellowship program for middle income countries
and emerging democracies.
Sec. 706. Promotion of agricultural exports to emerging
democracies.
Sec. 707. Direct credit sales.
Sec. 708. Export credit guarantees.
Sec. 709. Export promotion programs amendments.
TITLE VIII--UNITED STATES INFORMATION AGENCY, DEPARTMENT OF STATE, AND
RELATED AGENCIES AND ACTIVITIES
Sec. 801. Designation of Edmund S. Muskie Fellowship Program.
Sec. 802. New diplomatic posts in the independent states.
Sec. 803. Occupancy of new chancery buildings.
Sec. 804. Certain positions at United States missions.
Sec. 805. International Development Law Institute.
Sec. 806. Certain Board for International Broadcasting construction
activities.
Sec. 807. Exchanges and training and similar programs.
TITLE IX--OTHER PROVISIONS
Sec. 901. Foreign Assistance Act list of communist countries.
Sec. 903. Support for East European Democracy (SEED) Act.
Sec. 904. Peace Corps volunteer training requirements.
Sec. 905. Establishing categories of aliens for purposes of refugee
determinations; adjustment of status for certain Soviet and Indochinese
parolees.
Sec. 906. Eligibility of Baltic states for nonlethal defense
articles.
Sec. 907. Restriction on assistance to Azerbaijan.
TITLE X--INTERNATIONAL FINANCIAL INSTITUTIONS
Sec. 1001. International Monetary Fund quota increase.
Sec. 1002. International Monetary Fund policy changes.
Sec. 1003. Reduction of military spending and promotion of long-term
sustainable economic growth by developing nations.
Sec. 1004. Support for macroeconomic stabilization in the independent
states of the former Soviet Union.
Sec. 1005. Role of the International Finance Corporation in supporting
economic restructuring in the independent states of the former Soviet
Union.
Sec. 1006. Authority to agree to amendments to the Articles of Agreement
of the International Finance Corporation.
Sec. 1007. Report on debt of the former Soviet Union held by commercial
financial institutions.
Sec. 1009. Multilateral investment guarantees for the independent states
of the former Soviet Union.
SEC. 3. DEFINITION OF INDEPENDENT STATES.
For purposes of this Act, the terms `independent states of the former
Soviet Union' and `independent states' mean the following: Armenia,
Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
TITLE I--GENERAL PROVISIONS
SEC. 101. FINDINGS.
The Congress finds that--
(1) recent developments in Russia and the other independent states of
the former Soviet Union present an historic opportunity for a transition to
a peaceful and stable international order and the integration of the
independent states of the former Soviet Union into the community of
democratic nations;
(2) the entire international community has a vital interest in the
success of this transition, and the dimension of the problems now faced in
the independent states of the former Soviet Union makes it imperative for
donor countries and institutions to provide the expertise and support
necessary to ensure continued progress on economic and political
reforms;
(3) the United States is especially well-positioned because of its
heritage and traditions to make a substantial contribution to this
transition by building on current technical cooperation, medical, and food
assistance programs, by assisting in the development of democratic
institutions, and by fostering conditions that will encourage the United
States business community to engage in trade and investment;
(4) failure to meet the opportunities presented by these developments
could threaten United States national security interests and jeopardize
substantial savings in United States defense that these developments have
made possible;
(5) the independent states of the former Soviet Union face unprecedented
environmental problems that jeopardize the quality of life and the very
existence of not only their own peoples but also the peoples of other
countries, and it is incumbent on the international community to assist the
independent states in addressing these problems and in promoting sustainable
use of resources and development;
(6) the success of United States assistance for the independent states
of the former Soviet Union depends on--
(A) effective coordination of United States efforts with similar
activities of friendly and allied donor countries and of international
financial institutions, and
(B) reciprocal commitments by the governments of the independent
states to work toward the creation of democratic institutions and an
environment hospitable to foreign investment based upon the rule of law,
including negotiation of bilateral and multilateral agreements on open
trade and investment, adoption of commercial codes, establishment of
transparency in regulatory and other governmental decision making, and
timely payment of obligations carried over from previous governmental
entities; and
(7) trade and investment opportunities in the independent states of the
former Soviet Union will generate employment and other economic benefits for
the United States as the economies of the independent states of the former
Soviet Union begin to realize their enormous potential as both customers and
suppliers.
SEC. 102. PROGRAM COORDINATION, IMPLEMENTATION, AND
OVERSIGHT.
(a) COORDINATION- The President shall designate, within the Department of
State, a coordinator who shall be responsible for--
(1) designing an overall assistance and economic cooperation strategy
for the independent states of the former Soviet Union;
(2) ensuring program and policy coordination among agencies of the
United States Government in carrying out the policies set forth in this Act
(including the amendments made by this Act);
(3) pursuing coordination with other countries and international
organizations with respect to assistance to independent states;
(4) ensuring that United States assistance programs for the independent
states are consistent with this Act (including the amendments made by this
Act);
(5) ensuring proper management, implementation, and oversight by
agencies responsible for assistance programs for the independent states;
and
(6) resolving policy and program disputes among United States Government
agencies with respect to United States assistance for the independent
states.
(b) EXPORT PROMOTION ACTIVITIES- Consistent with subsection (a),
coordination of activities related to the promotion of exports of United
States goods and services to the independent states of the former Soviet Union
shall continue to be primarily the responsibility of the Secretary of
Commerce, in the Secretary's role as Chair of the Trade Promotion Coordination
Committee.
(c) INTERNATIONAL ECONOMIC ACTIVITIES- Consistent with subsection (a),
coordination of activities relating to United States participation in
international financial institutions and relating to organization of
multilateral efforts aimed at currency stabilization, currency convertibility,
debt reduction, and comprehensive economic reform programs shall continue to
be primarily the responsibility of the Secretary of the Treasury, in the
Secretary's role as Chair of the National Advisory Council on International
Monetary and Financial Policies and as the United States Governor of the
international financial institutions.
(d) ACCOUNTABILITY FOR FUNDS- Any agency managing and implementing an
assistance program for the independent states of the former Soviet Union shall
be accountable for any funds made available to it for such program.
SEC. 103. REPORT ON OVERALL ASSISTANCE AND ECONOMIC COOPERATION
STRATEGY.
(a) REQUIREMENT FOR SUBMISSION- As soon as practicable after the date of
enactment of this Act, the coordinator designated pursuant to section 102(a)
shall submit to the Congress a report on the overall assistance and economic
cooperation strategy for the independent states of the former Soviet Union
that is required to be developed pursuant to paragraph (1) of that section.
(b) ASSISTANCE PLAN- The report submitted pursuant to subsection (a) shall
include a plan specifying--
(1) the amount of the funds authorized to be appropriated for fiscal
year 1993 by chapter 11 of part I of the Foreign Assistance Act of 1961
proposed to be allocated for each of the categories of activities authorized
by section 498 of that Act and to carry out section 301 of this Act
(relating to American Business Centers), section 303 of this Act (relating
to export promotion activities and capital projects), and title IV of this
Act (relating to the Democracy Corps);
(2) the amount of other funds made available for fiscal year 1993 to
carry out the Foreign Assistance Act of 1961 proposed to be allocated for
assistance under that Act for the independent states of the former Soviet
Union; and
(3) the amount of funds available for fiscal year 1993 under the Foreign
Assistance Act of 1961 that are proposed to be made to each agency to carry
out activities for the independent states under that Act or this Act.
SEC. 104. ANNUAL REPORT.
Not later than January 31 of each year, the President shall submit to the
Congress a report on United States assistance for the independent states of
the former Soviet Union under this Act or other provisions of law. Each such
report shall include--
(1) an assessment of the progress each independent state has made in
meeting the standards set forth in section 498A of the Foreign Assistance
Act of 1961, including a description of the steps each independent state has
taken or is taking toward meeting those standards and a discussion of
additional steps that each independent state could take to meet those
standards;
(2) a description of the United States assistance for each independent
state that was provided during the preceding fiscal year, is planned for the
current fiscal year, and is proposed for the coming fiscal year, specifying
the extent to which such assistance for the preceding fiscal year and for
current fiscal year has actually been delivered;
(3) an assessment of the effectiveness of United States assistance in
achieving its purposes; and
(4) an evaluation of the manner in which the `notwithstanding' authority
provided in section 498B(j)(1) of the Foreign Assistance Act of 1961, and
the `notwithstanding' authority provided in any other provision of law with
respect to assistance for the independent states, has been used and why the
use of that authority was necessary.
TITLE II--BILATERAL ECONOMIC ASSISTANCE ACTIVITIES
SEC. 201. SUPPORT FOR ECONOMIC AND DEMOCRATIC DEVELOPMENT IN THE
INDEPENDENT STATES.
Part I of the Foreign Assistance Act of 1961 is amended by adding after
chapter 10 the following:
`CHAPTER 11--SUPPORT FOR THE ECONOMIC AND DEMOCRATIC DEVELOPMENT OF THE
INDEPENDENT STATES OF THE FORMER SOVIET UNION
`SEC. 498. ASSISTANCE FOR THE INDEPENDENT STATES.
`The President is authorized to provide assistance to the independent
states of the former Soviet Union under this chapter for the following
activities:
`(1) URGENT HUMANITARIAN NEEDS- Meeting urgent humanitarian needs
(including those arising from the health effects of exposure to radiation in
the Chernobyl region), in particular--
`(A) meeting needs for medicine, medical supplies and equipment, and
food, including the nutritional needs of infants such as processed baby
food; and
`(B) continuing efforts to rebuild from the earthquake in
Armenia.
`(2) DEMOCRACY- Establishing a democratic and free society by
fostering--
`(A) political, social, and economic pluralism;
`(B) respect for internationally recognized human rights and the rule
of law;
`(C) the development of institutions of democratic governance,
including electoral and legislative processes;
`(D) the institution and improvement of public administration at the
national, intergovernmental, regional, and local level;
`(E) the development of a free and independent media;
`(F) the development of effective control by elected civilian
officials over, and the development of a nonpolitical officer corps in,
the military and security forces; and
`(G) strengthened administration of justice through programs and
activities carried out in accordance with section 498B(e).
`(3) FREE MARKET SYSTEMS- Creating and developing private enterprise and
free market systems based on the principle of private ownership of property,
including--
`(A) the development of private cooperatives, credit unions, and labor
unions;
`(B) the improvement in the collection and analysis of statistical
information;
`(C) the reform and restructuring of banking and financial systems;
and
`(D) the protection of intellectual property.
`(4) TRADE AND INVESTMENT- Creating conditions that promote trade and
investment, and encouraging participation of the United States private
sector in the development of the private sector in the independent states of
the former Soviet Union.
`(5) FOOD DISTRIBUTION AND PRODUCTION- Promoting market-based mechanisms
for the distribution of the inputs necessary to agricultural production and
for the handling, marketing, storage, and processing of agricultural
commodities; encouraging policies that provide incentives for agricultural
production; and creating institutions that provide technical and financial
support for the agricultural sector.
`(6) HEALTH AND HUMAN SERVICES- Promoting programs to strengthen and
build institutions that provide quality health care and voluntary family
planning services, housing, and other services and policies that are
components of a social safety net, particularly for infants, children, and
people with disabilities.
`(7) EDUCATION AND EDUCATIONAL TELEVISION- Promoting broad-based
educational reform at all levels, in particular--
`(A) by assisting the development of curricula and by making available
textbooks, other educational materials, and appropriate telecommunications
technologies for the delivery of educational and instructional
programming; and
`(B) by assisting the development of the skills necessary to produce
educational television programs aimed at promoting basic skills and the
human values associated with a democratic society and a free market
economy.
`(8) ENERGY EFFICIENCY AND PRODUCTION- Promoting market-based pricing
policies and the transfer of technologies that reduce energy wastage and
harmful emissions; supporting developmentally sound capital energy projects
that utilize United States advanced coal technologies; and promoting
efficient production, use, and transportation of oil, gas, coal, and other
sources of energy.
`(9) CIVILIAN NUCLEAR REACTOR SAFETY- Implementing--
`(A) a program of short-term safety upgrade of civilian nuclear power
plants, including the training of power plant personnel, implementation of
improved procedures for nuclear power plant operation, the development of
effective and independent regulatory authorities, and cost-effective
hardware upgrades; and
`(B) a program to retire those civilian nuclear power plants whose
capacity could be more cost-effectively replaced through energy
efficiency.
`(10) ENVIRONMENT- Enhancing the human and natural environment and
conserving environmental resources, including through--
`(A) facilitation of the adoption of environmentally-sound policies
and technologies, environmental restoration, and sustainable use of
natural resources;
`(B) promotion of the provision of environmental technology,
education, and training by United States businesses, not-for-profit
organizations, and institutions of higher education; and
`(C) promotion of cooperative research efforts to validate and improve
environmental monitoring of protracted radiation exposure.
`(11) TRANSPORTATION AND TELECOMMUNICATIONS- Improving transportation
and telecommunications infrastructure and management, including intermodal
transportation systems to ensure the safe and efficient movement of people,
products, and materials.
`(12) DRUG EDUCATION, INTERDICTION, AND ERADICATION- Promoting drug
education, interdiction, and eradication programs.
`(13) MIGRATION- Protecting and caring for refugees, displaced persons,
and other migrants; addressing the root causes of migration; and promoting
the development of appropriate immigration and emigration laws and
procedures.
`SEC. 498A. CRITERIA FOR ASSISTANCE TO GOVERNMENTS OF THE INDEPENDENT STATES.
`(a) IN GENERAL- In providing assistance under this chapter for the
government of any independent state of the former Soviet Union, the President
shall take into account not only relative need but also the extent to which
that independent state is acting to--
`(1) make significant progress toward, and is committed to the
comprehensive implementation of, a democratic system based on principles of
the rule of law, individual freedoms, and representative government
determined by free and fair elections;
`(2) make significant progress in, and is committed to the comprehensive
implementation of, economic reform based on market principles, private
ownership, and integration into the world economy, including implementation
of the legal and policy frameworks necessary for such reform (including
protection of intellectual property and respect for contracts);
`(3) respect internationally recognized human rights, including the
rights of minorities and the rights to freedom of religion and
emigration;
`(4) respect international law and obligations and adhere to the
Helsinki Final Act of the Conference on Security and Cooperation in Europe
and the Charter of Paris, including the obligations to refrain from the
threat or use of force and to settle disputes peacefully;
`(5) cooperate in seeking peaceful resolution of ethnic and regional
conflicts;
`(6) implement responsible security policies, including--
`(A) adhering to arms control obligations derived from agreements
signed by the former Soviet Union;
`(B) reducing military forces and expenditures to a level consistent
with legitimate defense requirements;
`(C) not proliferating nuclear, biological, or chemical weapons, their
delivery systems, or related technologies; and
`(D) restraining conventional weapons transfers;
`(7) take constructive actions to protect the international environment,
prevent significant transborder pollution, and promote sustainable use of
natural resources;
`(8) deny support for acts of international terrorism;
`(9) accept responsibility for paying an equitable portion of the
indebtedness to United States firms incurred by the former Soviet
Union;
`(10) cooperate with the United States Government in uncovering all
evidence regarding Americans listed as prisoners-of-war, or otherwise
missing during American operations, who were detained in the former Soviet
Union during the Cold War; and
`(11) terminate support for the communist regime in Cuba, including
removal of troops, closing of military facilities, and ceasing trade
subsidies and economic, nuclear, and other assistance.
`(b) INELIGIBILITY FOR ASSISTANCE- The President shall not provide
assistance under this chapter--
`(1) for the government of any independent state that the President
determines is engaged in a consistent pattern of gross violations of
internationally recognized human rights or of international law;
`(2) for the government of any independent state that the President
determines has failed to take constructive actions to facilitate the
effective implementation of applicable arms control obligations derived from
agreements signed by the former Soviet Union;
`(3) for the government of any independent state that the President
determines has, on or after the date of enactment of this chapter, knowingly
transferred to another country--
`(A) missiles or missile technology inconsistent with the guidelines
and parameters of the Missile Technology Control Regime; or
`(B) any material, equipment, or technology that would contribute
significantly to the ability of such country to manufacture any weapon of
mass destruction (including nuclear, chemical, and biological weapons) if
the President determines that the material, equipment, or technology was
to be used by such country in the manufacture of such weapon;
`(4) for the government of any independent state that is prohibited from
receiving such assistance by section 669 or 670 of this Act or sections
306(a)(1) and 307 of the Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991; or
`(5) for the Government of Russia if it has failed to make significant
progress on the removal of Russian or Commonwealth of Independent States
troops from Estonia, Latvia, and Lithuania or if it has failed to undertake
good faith efforts, such as negotiations, to end other military practices
that violate the sovereignty of the Baltics states.
`(c) EXCEPTIONS TO INELIGIBILITY- Assistance prohibited by subsection (b)
or any similar provision of law, other than assistance prohibited by the
provisions referred to in subsection (b)(4), may be furnished under any of the
following circumstances:
`(1) The President determines that furnishing such assistance is
important to the national interest of the United States.
`(2) The President determines that furnishing such assistance will
foster respect for internationally recognized human rights and the rule of
law or the development of institutions of democratic governance.
`(3) The assistance is furnished for the alleviation of suffering
resulting from a natural or man-made disaster.
The President shall immediately report to the Congress any determination
under paragraph (1) or (2) or any decision to provide assistance under
paragraph (3).
`SEC. 498B. AUTHORITIES RELATING TO ASSISTANCE AND OTHER PROVISIONS.
`(a) ASSISTANCE THROUGH GOVERNMENTS AND NONGOVERNMENTAL ORGANIZATIONS-
Assistance under this chapter may be provided to governments or through
nongovernmental organizations.
`(b) TECHNICAL AND MANAGERIAL ASSISTANCE- Technical assistance under this
chapter shall, to the maximum extent feasible, be provided on a long term,
on-site basis and shall emphasize the provision of practical, management and
other problem-solving advice, particularly advice on private enterprise
provided by United States business volunteers.
`(c) ENTERPRISE FUNDS- Activities supported pursuant to this chapter may
include the establishment of and the provision of support for one or more
enterprise funds for the independent states of the former Soviet Union. If the
President determines that an enterprise fund should be established and
supported under this chapter, the provisions contained in section 201 of the
Support for East European Democracy (SEED) Act of 1989 (excluding the
authorizations of appropriations provided in subsection (b) of that section)
shall be deemed to apply with respect to such enterprise fund and to funds
made available to such enterprise fund pursuant to this chapter.
`(d) COOPERATIVE DEVELOPMENT AND RESEARCH PROJECTS- Assistance under this
chapter may include support for cooperative development projects, including
cooperative development research projects, among the United States, other
countries, and independent states of the former Soviet Union.
`(e) ADMINISTRATION OF JUSTICE PROGRAMS- In order to strengthen the
administration of justice in the independent states of the former Soviet Union
under paragraph (2)(G) of section 498, the President may exercise the same
authorities as are available under section 534 of this Act, subject to the
limitations and requirements of that section, other than subsection (c) and
the last two sentences of subsection (e).
`(f) USE OF ECONOMIC SUPPORT FUNDS- Any funds that have been allocated
under chapter 4 of part II for assistance for the independent states of the
former Soviet Union may be used in accordance with the provisions of this
chapter.
`(g) USE OF SEED AGENCY FUNDS AND ADMINISTRATIVE AUTHORITIES- The
President may authorize any agency of the United States Government that has
authority to conduct activities under the Support for East European Democracy
(SEED) Act of 1989 to use--
`(1) any funds that are available to it for activities related to
international affairs outside Eastern Europe, and
`(2) any administrative authorities that are available to it for
activities with respect to Eastern Europe,
to conduct activities authorized by section 498 with respect to the
independent states of the former Soviet Union.
`(h) PROCUREMENT RESTRICTIONS- Funds made available for assistance under
this chapter may be used for procurement--
`(1) in the United States, the independent states of the former Soviet
Union, or a developing country; or
(2) in any other country but only if--
`(A) the provision of such assistance requires commodities or services
of a type that are not produced in and available for purchase in any
country specified in paragraph (1); or
`(B) the President determines, on a case-by-case basis, that
procurement in such other country is necessary--
`(i) to meet unforseen circumstances, such as emergency situations,
where it is important to permit procurement in a country not specified
in paragraph (1), or
`(ii) to promote efficiency in the use of United States foreign
assistance resources, including to avoid impairment of foreign
assistance objectives.
`(i) TERMS AND CONDITIONS- Assistance under this chapter shall be provided
on such terms and conditions as the President may determine, consistent with
applicable provisions of law (except as otherwise provided in subsection
(j)).
`(j) WAIVER OF CERTAIN PROVISIONS-
`(1) IN GENERAL- Funds authorized to be appropriated for fiscal year
1993 by this chapter, and any other funds appropriated for fiscal year 1993
that are used under the authority of subsection (f) or (g), may be used to
provide assistance under this chapter notwithstanding any other provision of
law, except for--
`(B) section 634A of this Act and comparable notification requirements
contained in sections of the annual foreign operations, export financing,
and related programs Act;
`(C) sections 669 and 670 of this Act and sections 306 and 307 of the
Chemical and Biological Weapons Control and Warfare Elimination Act of
1961, to the extent that they apply to assistance to governments;
and
`(D) section 1341 of title 31, United States Code (commonly referred
to as the `Anti-Deficiency Act'), the Congressional Budget and Impoundment
Control Act of 1974, the Balanced Budget and Emergency Deficit Control Act
of 1985, and the Budget Enforcement Act of 1990.
`(2) NUCLEAR REACTOR SAFETY AND RELATED ACTIVITIES- Any provision that
corresponds to section 510 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (relating to the prohibition on
financing exports of nuclear equipment, fuel, and technology) shall not
apply with respect to funds used pursuant to this chapter.
`(1) APPROPRIATE CONGRESSIONAL COMMITTEES- As used in this chapter, the
term `appropriate congressional committees' means the Committee on Foreign
Affairs and the Committee on Appropriations of the House of Representatives
and the Committee on Foreign Relations and the Committee on Appropriations
of the Senate.
`(2) INDEPENDENT STATES OF THE FORMER SOVIET UNION- As used in this
chapter, the terms `independent states of the former Soviet Union' and
`independent states' have the meaning given those terms by section 3 of the
Freedom for Russia and Emerging Eurasian Democracies and Open Markets
Support Act of 1992.
`SEC. 498C. AUTHORIZATION OF APPROPRIATIONS.
`(a) IN GENERAL- To carry out this chapter, there are authorized to be
appropriated to the President for fiscal year 1993 $410,000,000, in addition
to amounts otherwise available for assistance for the independent states of
the former Soviet Union. Amounts appropriated pursuant to this subsection are
authorized to remain available until expended.
`(1) AUTHORITY TO TRANSFER PROGRAM FUNDS- Subject to paragraph (2),
funds made available under subsection (a) may be transferred to, and merged
with, funds appropriated for `Operating Expenses of the Agency for
International Development'. Funds so transferred may be expended for
administrative costs in carrying out this chapter, including reimbursement
of the Department of State for its incremental costs associated with
assistance provided under this chapter.
`(2) LIMITATION ON AMOUNT TRANSFERRED- Not more than 2 percent of the
funds made available for a fiscal year under subsection (a) may be
transferred pursuant to paragraph (1) unless, at least 15 days before
transferring any additional amount, the President notifies the appropriate
congressional committees in accordance with the procedures applicable to
reprogramming notifications under section 634A of this Act.'.
SEC. 202. INELIGIBILITY FOR ASSISTANCE OF INSTITUTIONS WITHHOLDING
CERTAIN DOCUMENTS OF UNITED STATES NATIONALS.
(a) PROHIBITION- Except as provided in subsections (b) and (c), an agency,
instrumentality, or other governmental entity of an independent state of the
former Soviet Union shall not be eligible to receive assistance under chapter
11 of part I of the Foreign Assistance Act of 1961 if--
(1) on the date of enactment of this Act, there is outstanding a final
judgment by a court of competent jurisdiction in that independent state that
that governmental entity is withholding unlawfully books or other documents
of religious or historical significance that are the property of United
States persons; and
(2) within 90 days of a request by such United States persons, the
Secretary of State determines that execution of the court's judgment is
blocked as the result of extrajudicial causes such as any of the
following:
(A) A declared refusal of the defendant to comply.
(B) The unwillingness or failure of local authorities to enforce
compliance.
(C) The issuance of an administrative decree nullifying a court's
judgment or forbidding compliance.
(D) The passage of legislation, after a court's judgment, nullifying
that judgment or forbidding compliance with that judgment.
(b) EXCEPTION FOR HUMANITARIAN ASSISTANCE- The prohibition contained in
subsection (a) shall not apply to the provision of assistance to alleviate
suffering resulting from a natural or man-made disaster.
(c) WAIVER AUTHORITY- The Secretary of State may waive the application of
subsection (a) whenever the Secretary finds that--
(1) the court's judgment has been executed; or
(2) it is important to the national interest of the United States to do
so.
(d) REPORT- Nine months after the date of enactment of this Act, the
Secretary of State shall report to the Speaker of the House of Representatives
and the Chairman of the Committee on Foreign Relations of the Senate on the
status of final judgments described in subsection (a)(1).
(e) UNITED STATES PERSON- For purposes of this section, the term `United
States person' means--
(1) any citizen, national, or permanent resident alien of the United
States; and
(2) any corporation, partnership, or other juridical entity which is 50
percent or more beneficially owned by individuals described in paragraph
(1).
TITLE III--BUSINESS AND COMMERCIAL DEVELOPMENT
SEC. 301. AMERICAN BUSINESS CENTERS.
(a) ESTABLISHMENT- The President is authorized and encouraged to establish
American Business Centers in the independent states of the former Soviet Union
receiving assistance under chapter 11 of part I of the Foreign Assistance Act
of 1961 where the President determines that such centers can be cost-effective
in promoting the objectives described in section 498 of that Act and United
States economic interests and in establishing commercial partnerships between
the people of the United States and the peoples of the independent states.
(b) ENVIRONMENTAL BUSINESS CENTERS AND AGRIBUSINESS CENTERS- For purposes
of this section, the term `American Business Centers' includes the
following:
(1) Environmental business centers in those independent states that
offer promising market possibilities for the export of United States
environmental goods and services. To the maximum extent practicable, these
environmental business centers should be established as a component of other
centers.
(2) Agribusiness centers that include the participation of private
United States agribusinesses or agricultural cooperatives, private nonprofit
organizations, State universities and land grant colleges, and financial
institutions, that make appropriate contributions of equipment, materials,
and personnel for the operation of such centers. The purposes of these
agribusiness centers shall be--
(A) to enhance the ability of farmers and other agribusiness
practitioners in the independent states to better meet the needs of the
people of the independent states;
(B) to assist the transition from a command and control system in
agriculture to a free market system; and
(C) to facilitate the demonstration and use of United States
agricultural equipment and technology.
(c) ADDITIONAL POLICY GUIDANCE- To the maximum extent possible, and
consistent with the particular purposes of the specific types of centers, the
President should direct that--
(1) the American Business Centers established pursuant to this section
place special emphasis on assistance to United States small- and
medium-sized businesses to facilitate their entry into the commercial
markets of the independent states;
(2) such centers offer office space, business facilities, and market
analysis services to United States firms, trade associations, and State
economic development offices on a user-fee basis that minimizes the cost of
operating such centers;
(3) such centers serve as a repository for commercial, legal, and
technical information, including environmental and export control
information;
(4) such centers identify existing or potential counterpart businesses
or organizations that may require specific technical coordination or
assistance;
(5) such centers be established in several sites in the independent
states; and
(6) host countries be asked to make appropriate contributions of real
estate and personnel for the establishment and operation of such
centers.
(1) REIMBURSEMENT AGREEMENT- Not later than 90 days after the date of
enactment of this Act, the Administrator of the Agency for International
Development shall conclude a reimbursement agreement with the Secretary of
Commerce for the Department of Commerce's services in establishing and
operating American Business Centers pursuant to this section.
(2) AUTHORIZATION OF APPROPRIATIONS- Of the amount authorized to be
appropriated to carry out chapter 11 of part I of the Foreign Assistance Act
of 1961, up to $12,000,000 for fiscal year 1993 are authorized to be
appropriated to carry out this section, in addition to amounts otherwise
available for such purpose.
SEC. 302. BUSINESS AND AGRICULTURE ADVISORY COUNCIL.
(a) ESTABLISHMENT- The President is authorized to establish an advisory
council to be known as the Independent States Business and Agriculture
Advisory Council (hereinafter in this section referred to as the
`Council')--
(1) to consult with and advise the President periodically regarding
programs of assistance for the independent states of the former Soviet
Union; and
(2) to evaluate, and consult periodically with the President regarding,
the adequacy of bilateral and multilateral assistance programs that would
facilitate exports by United States companies to, and investments by United
States companies in, the independent states.
(b) MEMBERSHIP- The Council should consist of 15 members, appointed by the
President, who are drawn from United States companies reflecting diverse
businesses and perspectives that have experience and expertise in dealing with
the independent states of the former Soviet Union. The President should
designate one such member to serve as Chair of the Council. Five such members
should be appointed upon the recommendation of the Speaker and the Minority
Leader of the House of Representatives and 5 should be appointed upon the
recommendation of the Majority Leader and Minority Leader of the Senate.
Members of the Council shall receive no compensation from the United States
Government by reason of their service on the Council.
(c) STAFF- Upon request of the Chair of the Council, the head of any
United States Government agency may detail, on a nonreimbursable basis, any of
the personnel of such agency to the Council to assist the Council.
SEC. 303. FUNDING FOR EXPORT PROMOTION ACTIVITIES AND CAPITAL
PROJECTS.
(a) ALLOCATION OF A.I.D. FUNDS- The President is encouraged to use a
portion of the funds made available for the independent states of the former
Soviet Union under chapter 11 of part I of the Foreign Assistance Act of
1961--
(1) to fund the export promotion, finance, and related activities
carried out pursuant to subsection (b)(1), including activities relating to
the export of intermediary goods; and
(2) to fund capital projects, including projects for telecommunications,
environmental cleanup, power production, and energy related projects.
(b) EXPORT PROMOTION, FINANCE, AND RELATED ACTIVITIES- The Secretary of
Commerce, as Chair of the Trade Promotion Coordination Committee, should, in
conjunction with other members of that committee, design and implement
programs to provide adequate commercial and technical assistance to United
States businesses seeking markets in the independent states of the former
Soviet Union, including the following:
(1) Increasing the United States and Foreign Commercial Service presence
in the independent states, in particular in the Russian Far Eastern cities
of Vladivostok and Khabarovsk.
(2) Preparing profiles of export opportunities for United States
businesses in the independent states and providing other technical
assistance.
(3) Utilizing the Market Development Cooperator Program under section
2303 of the Export Enhancement Act of 1988 (15 U.S.C. 4723).
(4) Developing programs specifically for the purpose of assisting small-
and medium-sized businesses in entering commercial markets of the
independent states. In carrying out this paragraph, the Secretary of
Commerce, to the extent possible, should work directly with private sector
organizations with proven experience in trade and economic relations with
the independent states.
(5) Supporting projects undertaken by the United States business
community on the basis of partnership, joint venture, contractual, or other
cooperative agreements with appropriate entities in the independent
states.
(6) Supporting export finance programs, feasibility studies, political
risk insurance, and other related programs through increased funding and
flexibility in the implementation of such programs.
(7) Supporting the Business Information Service (BISNIS) and its related
programs.
SEC. 304. INTERAGENCY WORKING GROUP ON ENERGY OF THE TRADE PROMOTION
COORDINATING COMMITTEE.
The Trade Promotion Coordinating Committee should utilize its interagency
working group on energy to assist United States energy sector companies to
develop a long-term strategy for penetrating the energy market in the
independent states of the former Soviet Union. The working group should--
(1) work with officials from the independent states in creating an
environment conducive to United States energy investment;
(2) help to coordinate assistance to United States companies involved
with projects to clean up former Soviet nuclear weapons sites and commercial
nuclear waste; and
(3) work with representatives from United States business and industry
involved with the energy sector to help facilitate the identification of
business opportunities, including the promotion of oil, gas, and clean coal
technology and products, energy efficiency, and the formation of joint
ventures between United States companies and companies of the independent
nations.
SEC. 305. REPORTS TO CONGRESS.
Not later than January 31 of each year (beginning in 1994), the Secretary
of Commerce shall submit to the Congress a report--
(1) describing the implementation of the preceding sections of this
title;
(2) analyzing the programs of other industrialized nations to assist
their companies with their efforts to transact business in the independent
states of the former Soviet Union, and
(3) examining the trading practices of other Organization for Economic
Cooperation and Development nations, as well as the pricing practices of
transitional economies in the independent states, that may disadvantage
against United States companies.
SEC. 306. POLICY ON COMBATTING TIED AID PRACTICES.
Should the Secretary of the Treasury determine that foreign countries are
engaged in tied aid practices with respect to any of the independent states of
the former Soviet Union that violate the 1991 Helsinki agreement of the
Organization for Economic Cooperation and Development, the President should
give priority attention to combatting such practices.
SEC. 307. TECHNICAL ASSISTANCE FOR THE RUSSIAN FAR EAST.
(a) AUTHORIZATION- The President is authorized to provide technical
assistance, through an American university in a region which received nonstop
air service to and from the Russian Far East as of July 1, 1992, to facilitate
the development of United States business opportunities, free markets, and
democratic institutions in the Russian Far East.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated $2,000,000 to carry out subsection (a).
SEC. 308. FUNDING FOR OPIC PROGRAMS.
(a) AUTHORITY TO MAKE ADDITIONAL FUNDS AVAILABLE- Funds authorized to be
appropriated for fiscal year 1993 to carry out chapter 11 of part I of the
Foreign Assistance Act of 1961 may be made available to cover costs incurred
by the Overseas Private Investment Corporation in carrying out programs with
respect to the independent states of the former Soviet Union under title IV of
chapter 2 of part I of that Act (22 U.S.C. 2191 and following), in addition to
amounts otherwise available for that purpose.
(b) ENACTMENT OF OPIC AUTHORIZATION ACT- The authority of subsection (a)
shall cease to be effective upon the enactment of the Overseas Private
Investment Corporation Act Amendments Act of 1992.
TITLE IV--THE DEMOCRACY CORPS
SEC. 401. AUTHORIZATION FOR ESTABLISHMENT OF THE DEMOCRACY
CORPS.
(a) ESTABLISHMENT; PURPOSE- The President is authorized to provide for the
establishment of the Democracy Corps as a private nonprofit organization,
incorporated in the District of Columbia, whose purpose shall be to maintain a
presence in the independent states of the former Soviet Union as described in
subsection (c).
(b) BOARD OF DIRECTORS- The Board of Directors of the Democracy Corps
shall have not more than 10 members, appointed by the President. Individuals
appointed to the Board--
(1) shall, individually or through the organizations they represent,
have experience and expertise appropriate to carrying out the purpose of the
Democracy Corps, including involvement either with activities of the type
described in subsection (d) or in the independent states;
(2) shall be United States citizens; and
(3) may not be officers or employees of the United States Government or
Members of Congress.
(c) GRANTS TO THE DEMOCRACY CORPS; PURPOSE- The Administrator is
authorized to make an annual grant to the Democracy Corps with the funds made
available pursuant to this section. The purpose of such grants shall be to
enable the Democracy Corps to maintain a presence in independent states of the
former Soviet Union that will assist at the local level in the development
of--
(1) institutions of democratic governance (including judicial,
electoral, legislative, and administrative processes), and
(2) the nongovernmental organizations of a civil society (including
charitable, educational, trade union, business, professional, voluntary,
community, and other civic organizations),
by mobilizing the expertise of the American people to provide practical
assistance through `on the ground' person-to-person advice, technical
assistance, and small grants to indigenous individuals and indigenous
entities, in accordance with subsection (d).
(d) ACTIVITIES- The Democracy Corps shall be required to carry out its
purpose through the placement within the independent states of teams of United
States citizens with appropriate expertise and knowledge. Under guidelines
developed by the Board, these teams shall assist indigenous individuals and
entities in the independent states that are involved in the development of the
institutions and organizations referred to in paragraphs (1) and (2) of
subsection (c) by--
(1) providing advice and technical assistance;
(2) making small grants (which in most cases should not exceed $5,000)
to such individuals and entities to assist the development of those
institutions and organizations;
(3) identifying other sources of assistance; and
(4) operating local centers to serve as information, logistical, and
educational centers and otherwise encourage cooperation and effectiveness by
those involved in the development of democratic institutions, a
market-oriented economy, and a civil society in the independent
states.
These local centers may be designated as `Democracy Houses' or given
another appropriate appellation.
(e) GRANT AGREEMENT- Grants under this section shall be made pursuant to a
grant agreement requiring the Democracy Corps to comply with the requirements
specified in this section and with such other terms and conditions as the
Administrator may require, which shall include requirements regarding
consultation with the coordinator designated pursuant to section 102(a),
conflicts of interest, and accountability for funds, including a requirement
for annual independent audits.
(f) COORDINATION- The Democracy Corps shall be required to--
(1) coordinate its activities pursuant to this section with the programs
and activities of other entities operating in or providing assistance to the
independent states of the former Soviet Union in support of the development
of democratic institutions, a market-oriented economy, and a civil society;
and
(2) ensure that its activities pursuant to this section are designed to
avoid duplication with activities carried out under other United States
Government foreign assistance and international information, educational,
cultural, and exchange programs.
(g) PROHIBITION ON CAMPAIGN FINANCING- Funds made available to the
Democracy Corps under this section may not be expended by the Democracy Corps,
or any recipient of a grant from the Democracy Corps, to finance the campaigns
of candidates for public office.
(h) FREEDOM OF INFORMATION-
(1) IN GENERAL- Notwithstanding the fact that the Democracy Corps is not
an agency or establishment of the United States Government, the Democracy
Corps shall be required to comply fully with all of the provisions of
section 552 of title 5, United States Code.
(2) PUBLICATION IN FEDERAL REGISTER- For purposes of complying pursuant
to paragraph (1) with section 552(a)(1) of title 5, the Democracy Corps
shall make available to the Administrator such records and other information
as the Administrator determines may be necessary for such purposes. The
Administrator shall cause such records and other information to be published
in the Federal Register.
(3) AID REVIEW- In the event that the Democracy Corps determines not to
comply with a request for records under section 552 of title 5, the
Democracy Corps shall submit a report to the Administrator explaining the
reasons for not complying with such request. If the Administrator approves
such determination, the Agency for International Development shall assume
full responsibility, including financial responsibility, for defending the
Democracy Corps in any litigation relating to such request. If the
Administrator disapproves such determination, the Democracy Corps shall be
required to comply with such request.
(i) ANNUAL REPORTS- The Board shall be required to submit to the
Administrator and the Congress, not later than January 31 each year, a
comprehensive report on the activities of the Democracy Corps. Each such
report shall list each grant made by the Democracy Corps under subsection
(d)(2) during the preceding fiscal year, specifying the grantee and the amount
of the grant.
(j) AUTHORIZATION OF APPROPRIATIONS- Of the amount authorized to be
appropriated to carry out chapter 11 of part I of the Foreign Assistance Act
of 1961, up to $15,000,000 for fiscal year 1993 are authorized to be
appropriated for grants to the Democracy Corps under this section, in addition
to amounts otherwise available for such purpose.
(k) SUNSET PROVISION- Grants may not be made to the Democracy Corps under
this section after the end of fiscal year 1997.
(l) DEFINITIONS- As used in this section--
(1) the term `Administrator' means the Administrator of the Agency for
International Development; and
(2) the term `Board' means the Board of Directors of the Democracy
Corps.
TITLE V--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND
ACTIVITIES
SEC. 501. FINDINGS.
The Congress finds that it is in the national security interest of the
United States--
(1) to facilitate, on a priority basis--
(A) the transportation, storage, safeguarding, and destruction of
nuclear and other weapons of mass destruction of the independent states of
the former Soviet Union;
(B) the prevention of proliferation of weapons of mass destruction and
destabilizing conventional weapons of the independent states, and the
establishment of verifiable safeguards against the proliferation of such
weapons;
(C) the prevention of diversion of weapons-related scientific
expertise of the former Soviet Union to terrorist groups or third
countries; and
(D) other efforts designed to reduce the military threat from the
former Soviet Union;
(2) to support the conversion of the massive defense-related industry
and equipment of the independent states of the former Soviet Union for
civilian purposes and uses; and
(3) to expand military-to-military contacts between the United States
and the independent states.
SEC. 502. ELIGIBILITY.
Funds may be obligated for a fiscal year for assistance or other programs
or activities for an independent state of the former Soviet Union under
sections 503 and 504 only if the President has certified to the Congress,
during that fiscal year, that such independent state is committed to--
(1) making a substantial investment of its resources for dismantling or
destroying such weapons of mass destruction, if that independent state has
an obligation under a treaty or other agreement to destroy or dismantle any
such weapons;
(2) forgoing any military modernization program that exceeds legitimate
defense requirements and forgoing the replacement of destroyed weapons of
mass destruction;
(3) forgoing any use in new nuclear weapons of fissionable or other
components of destroyed nuclear weapons; and
(4) facilitating United States verification of any weapons destruction
carried out under section 503(a) or 504(a) of this Act or section 212 of the
Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-228;
22 U.S.C. 2551 note).
SEC. 503. NONPROLIFERATION AND DISARMAMENT ACTIVITIES IN THE INDEPENDENT
STATES.
(a) AUTHORIZATION- The President is authorized to promote bilateral and
multilateral nonproliferation and disarmament activities--
(1) by supporting the dismantlement and destruction of nuclear,
biological, and chemical weapons, their delivery systems, and conventional
weapons of the independent states of the former Soviet Union;
(2) by supporting bilateral and multilateral efforts to halt the
proliferation of nuclear, biological, and chemical weapons, their delivery
systems, related technologies, and other weapons of the independent states,
including activities such as--
(A) the storage, transportation, and safeguarding of such weapons,
and
(B) the purchase, barter, or other acquisition of such weapons or
materials derived from such weapons;
(3) by establishing programs for safeguarding against the proliferation
of nuclear, biological, chemical, and other weapons of the independent
states;
(4) by establishing programs for preventing diversion of weapons-related
scientific and technical expertise of the independent states to terrorist
groups or to third countries;
(5) by establishing science and technology centers in the independent
states for the purpose of engaging weapons scientists and engineers of the
independent states (in particular those who were previously involved in the
design and production of nuclear, biological, and chemical weapons) in
productive, nonmilitary undertakings; and
(6) by establishing programs for facilitating the conversion of military
technologies and capabilities and defense industries of the former Soviet
Union into civilian activities.
(b) FUNDING PRIORITIES- Priority in carrying out this section shall be
given to the activities described in paragraphs (1) through (5) of subsection
(a).
(c) USE OF DEFENSE FUNDS-
(1) AUTHORIZATION- In recognition of the direct contributions to the
national security interests of the United States of the programs and
activities authorized by subsection (a), the President is authorized to make
available for use in carrying out those programs and activities, in addition
to amounts otherwise available for such purposes, funds made available
pursuant to sections 108 and 109 of Public Law 102-229 or under the
amendments made by section 506(a) of this Act.
(2) LIMITATION- Funds described in paragraph (1) may not be obligated
for programs and activities under subsection (a) unless the Director of the
Office of Management and Budget has determined that expenditures during
fiscal year 1993 pursuant to such obligation shall be counted against the
defense category of the discretionary spending limits for that fiscal year
(as defined in section 601(a)(2) of the Congressional Budget Act of 1974)
for purposes of part C of the Balanced Budget and Emergency Deficit Control
Act of 1985.
SEC. 504. NONPROLIFERATION AND DISARMAMENT FUND.
(a) AUTHORIZATION- The President is authorized to promote bilateral and
multilateral nonproliferation and disarmament activities--
(1) by supporting the dismantlement and destruction of nuclear,
biological, and chemical weapons, their delivery systems, and conventional
weapons;
(2) by supporting bilateral and multilateral efforts to halt the
proliferation of nuclear, biological, and chemical weapons, their delivery
systems, related technologies, and other weapons, including activities such
as--
(A) the storage, transportation, and safeguarding of such weapons,
and
(B) the purchase, barter, or other acquisition of such weapons or
materials derived from such weapons;
(3) by establishing programs for safeguarding against the proliferation
of nuclear, biological, chemical, and other weapons of the independent
states of the former Soviet Union;
(4) by establishing programs for preventing diversion of weapons-related
scientific and technical expertise of the independent states to terrorist
groups or to third countries;
(5) by establishing science and technology centers in the independent
states for the purpose of engaging weapons scientists and engineers of the
independent states (in particular those who were previously involved in the
design and production of nuclear, biological, and chemical weapons) in
productive, nonmilitary undertakings; and
(6) by establishing programs for facilitating the conversion of military
technologies and capabilities and defense industries of the former Soviet
Union into civilian activities.
(b) FUNDING PRIORITIES- Priority in carrying out this section shall be
given to the activities described in paragraphs (1) through (5) of subsection
(a).
(c) USE OF SECURITY ASSISTANCE FUNDS-
(1) AUTHORIZATION- In recognition of the direct contributions to the
national security interests of the United States of the programs and
activities authorized by subsection (a), the President is authorized to make
available for use in carrying out those programs and activities, in addition
to amounts otherwise available for such purposes, up to $100,000,000 of
security assistance funds for fiscal year 1993.
(2) DEFINITION- As used in paragraph (1), the term `security assistance
funds' means funds made available for assistance under chapter 4 of part II
of the Foreign Assistance Act of 1961 (relating to the Economic Support
Fund) or assistance under section 23 of the Arms Export Control Act
(relating to the `Foreign Military Financing Program').
(3) EXEMPTION FROM CERTAIN RESTRICTIONS- Section 531(e) of the Foreign
Assistance Act of 1961, and any provision that corresponds to section 510 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1991 (relating to the prohibition on financing exports
of nuclear equipment, fuel, and technology), shall not apply with respect to
funds used pursuant to this subsection.
SEC. 505. LIMITATIONS ON DEFENSE CONVERSION AUTHORITIES.
Notwithstanding any other provision of law (including any other provision
of this Act), funds may not be obligated in any fiscal year for purposes of
facilitating the conversion of military technologies and capabilities and
defense industries of the former Soviet Union into civilian activities, as
authorized by sections 503(a)(6) and 504(a)(6) or any other provision of law,
unless the President has previously obligated in the same fiscal year an
amount equal to or greater than that amount of funds for defense conversion
and defense transition activities in the United States. For purposes of this
section, the term `defense conversion and defense transition activities in the
United States' means those United States Government funded programs whose
primary purpose is to assist United States private sector defense workers,
United States companies that manufacture or otherwise provide defense goods or
services, or United States communities adversely affected by reductions in
United States defense spending, such as programs funded through the Office of
Economic Adjustment in the Department of Defense, through the Defense
Conversion Adjustment Program (as authorized by the Job Training Partnership
Act), or through the Economic Development Administration.
SEC. 506. SOVIET WEAPONS DESTRUCTION.
(1) AUTHORIZATION AMOUNT- Section 221(a) of the Soviet Nuclear Threat
Reduction Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note)
is amended by striking out `$400,000,000' and inserting in lieu thereof
`$800,000,000'.
(2) AUTHORIZATION PERIOD- Section 221(e) of such Act is amended--
(A) by inserting `for fiscal year 1992 or fiscal year 1993' after
`under part B';
(B) by inserting `for that fiscal year' after `for that program';
and
(C) by striking out `for fiscal year 1992' and inserting in lieu
thereof `for that fiscal year'.
(b) TECHNICAL REVISIONS TO PUBLIC LAW 102-229- Public Law 102-229 is
amended--
(1) in section 108 (105 Stat. 1708), by striking out `contained in H.R.
3807, as passed the Senate on November 25, 1991' and inserting in lieu
thereof `(title II of Public Law 102-228)'; and
(2) in section 109 (105 Stat. 1708)--
(A) by striking out `H.R. 3807, as passed the Senate on November 25,
1991' and inserting in lieu thereof `Public Law 102-228 (105 Stat. 1696)';
and
(B) by striking out `of H.R. 3807'.
(c) AVOIDANCE OF DUPLICATIVE AMENDMENTS- The amendments made by this
section shall not be effective if the National Defense Authorization Act for
Fiscal Year 1993 enacts an amendment to section 221(a) of the Soviet Nuclear
Threat Reduction Act of 1991 that authorizes the transfer of an amount that is
the same or greater than the amount that is authorized by the amendment made
by subsection (a)(1) of this section and enacts amendments identical to those
in subsections (a)(2) and (b) of this section. If that Act enacts such
amendments, sections 503 and 508 of this Act shall be deemed to apply with
respect to the funds made available under such amendments.
SEC. 507. WAIVER OF CERTAIN PROVISIONS.
(a) IN GENERAL- Funds made available for fiscal year 1993 under sections
503 and 504 to provide assistance or otherwise carry out programs and
activities with respect to the independent states of the former Soviet Union
under those sections may be used notwithstanding any other provision of law,
other than the provisions cited in subsection (b).
(b) EXCEPTIONS- Subsection (a) does not apply with respect to--
(2) section 1341 of title 31, United States Code (commonly referred to
as the `Anti-Deficiency Act'), the Congressional Budget and Impoundment
Control Act of 1974, the Balanced Budget and Emergency Deficit Control Act
of 1985, and the Budget Enforcement Act of 1990.
SEC. 508. NOTICE AND REPORTS TO CONGRESS.
(a) NOTICE OF PROPOSED OBLIGATIONS- Not less than 15 days before
obligating any funds under section 503 or 504 or the amendments made by
section 506(a), the President shall transmit to the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, and the appropriate
congressional committees a report on the proposed obligation. Each such report
shall specify--
(1) the account, budget activity, and particular program or programs
from which the funds proposed to be obligated are to be derived and the
amount of the proposed obligations; and
(2) the activities and forms of assistance for which the President plans
to obligate such funds.
(b) SEMIANNUAL REPORT- Not later than April 30, 1993, and not later than
October 30, 1993, the President shall transmit to the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, and the appropriate
congressional committees a report on the activities carried out under sections
503 and 504 and the amendments made by section 506(a). Each such report shall
set forth, for the preceding 6-month period and cumulatively, the
following:
(1) The amounts expended for such activities and the purposes for which
they were expended.
(2) The source of the funds obligated for such activities, specified by
program.
(3) A description of the participation of all United States Government
departments and agencies in such activities.
(4) A description of the activities carried out and the forms of
assistance provided.
(5) Such other information as the President considers appropriate to
fully inform the Congress concerning the operation of the programs and
activities carried out under sections 503 and 504 and the amendments made by
section 506(a).
(c) APPROPRIATE CONGRESSIONAL COMMITTEES- As used in this section--
(1) the term `appropriate congressional committees' means--
(A) the Committee on Foreign Relations of the Senate, the Committee on
Foreign Affairs of the House of Representatives, and the Committees on
Appropriations of the House and the Senate, wherever the account, budget
activity, or program is funded from appropriations made under the
international affairs budget function (150);
(B) the Committees on Armed Services and the Committees on
Appropriations of the Senate and the House of Representatives, wherever
the account, budget activity, or program is funded from appropriations
made under the national defense budget function (050); and
(2) the committee to which the specified activities of section 503(a) or
504(a) or subtitle B of the Soviet Nuclear Threat Reduction Act of 1991 (as
the case may be), if the subject of separate legislation, would be referred,
under the rules of the respective House of Congress.
SEC. 509. INTERNATIONAL NONPROLIFERATION INITIATIVE.
(a) ASSISTANCE FOR INTERNATIONAL NONPROLIFERATION ACTIVITIES- Subject to
the limitations and requirements provided in this section, during fiscal year
1993 the Secretary of Defense, under the guidance of the President, may
provide assistance to support international nonproliferation activities.
(b) ACTIVITIES FOR WHICH ASSISTANCE MAY BE PROVIDED- Activities for which
assistance may be provided under this section are activities such as the
following:
(1) Activities carried out by the International Atomic Energy Agency
(IAEA) that are designed to ensure more effective safeguards against nuclear
proliferation and more aggressive verification of compliance with the Treaty
on the Non-Proliferation of Nuclear Weapons, done on July 1, 1968.
(2) Activities of the On-Site Inspection Agency in support of the United
Nations Special Commission on Iraq.
(3) Collaborative international nuclear security and nuclear safety
projects to combat the threat of nuclear theft, terrorism, or accidents,
including joint emergency response exercises, technical assistance, and
training.
(4) Efforts to improve international cooperative monitoring of nuclear
proliferation through joint technical projects and improved intelligence
sharing.
(c) FORM OF ASSISTANCE- (1) Assistance under this section may include
funds and in-kind contributions of supplies, equipment, personnel, training,
and other forms of assistance.
(2) Assistance under this section may be provided to international
organizations in the form of funds only if the amount in the `Contributions to
International Organizations' account of the Department of State is
insufficient or otherwise unavailable to meet the United States fair share of
assessments for international nuclear nonproliferation activities.
(3) No amount may be obligated for an expenditure under this section
unless the Director of the Office of Management and Budget determines that the
expenditure will be counted against the defense category of the discretionary
spending limits for fiscal year 1993 (as defined in section 601(a)(2) of the
Congressional Budget Act of 1974) for purposes of part C of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(4) No assistance may be furnished under this section unless the Secretary
of Defense determines and certifies to the Congress 30 days in advance that
the provision of such assistance--
(A) is in the national security interest of the United States; and
(B) will not adversely affect the military preparedness of the United
States.
(5) The authority to provide assistance under this section in the form of
funds may be exercised only to the extent and in the amounts provided in
advance in appropriations Act.
(d) SOURCES OF ASSISTANCE- (1) Funds provided as assistance under this
section shall be derived from amounts made available to the Department of
Defense for fiscal year 1993 or from balances in working capital accounts of
the Department of Defense.
(2) Supplies and equipment provided as assistance under this section may
be provided, by loan or donation, from existing stocks of the Department of
Defense and the Department of Energy.
(3) The total amount of the assistance provided in the form of funds under
this section may not exceed $40,000,000. Of such amount, not more than
$20,000,000 may be used for the activities of the On-Site Inspection agency in
support of the United Nations Special Commission on Iraq.
(4) Not less than 30 days before obligating any funds to provide
assistance under this section, the Secretary of Defense shall transmit to the
committees of Congress named in subsection (e)(2) a report on the proposed
obligation. Each such report shall specify--
(A) the account, budget activity, and particular program or programs
from which the funds proposed to be obligated are to be derived and the
amount of the proposed obligation; and
(B) the activities and forms of assistance for which the Secretary of
Defense plans to obligate the funds.
(e) QUARTERLY REPORT- (1) Not later than 30 days after the end of each
quarter of fiscal year 1993, the Secretary of Defense shall transmit to the
committees of Congress named in paragraph (2) a report of the activities to
reduce the proliferation threat carried out under this section. Each report
shall set forth (for the preceding quarter and cumulatively)--
(A) the amounts spent for such activities and the purposes for which
they were spent;
(B) a description of the participation of the Department of Defense and
the Department of Energy and the participation of other Government agencies
in those activities; and
(C) a description of the activities for which the funds were
spent.
(2) The committees of Congress to which reports under paragraph (1) and
under subsection (d)(2) are to be transmitted are--
(A) the Committee on Armed Services, the Committee on Appropriations,
and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services, the Committee on Appropriations,
the Committee on Foreign Affairs, and the Committee on Energy and Commerce
of the House of Representatives.
(f) AVOIDANCE OF DUPLICATIVE AUTHORIZATIONS- This section shall not apply
if the National Defense Authorization Act for Fiscal Year 1993 enacts the same
authorities and requirements as are contained in this section and authorizes
the appropriation of the same (or a greater) amount to carry out such
authorities.
SEC. 510. REPORT ON SPECIAL NUCLEAR MATERIALS.
Not later than 180 days after the date of enactment of this Act, the
Secretary of State shall prepare, in consultation with the Secretary of
Defense and the Secretary of Energy, and shall transmit to the Congress a
report on the possible alternatives for the ultimate disposition of special
nuclear materials of the former Soviet Union. This report shall include--
(1) a cost-benefit analysis comparing (A) the relative merits of the
indefinite storage and safeguarding of such materials in the independent
states of the former Soviet Union and (B) its acquisition by the United
States by purchase, barter, or other means;
(2) a discussion of relevant issues such as the protection of United
States uranium producers from dumping, the relative vulnerability of these
stocks of special nuclear materials to illegal proliferation, and the
potential electrical and other savings associated with their being made
available in the fuel cycle in the United States; and
(3) a discussion of how highly enriched uranium stocks could be diluted
for reactor fuel.
SEC. 511. RESEARCH AND DEVELOPMENT FOUNDATION.
(a) ESTABLISHMENT- The Director of the National Science Foundation
(hereinafter in this section referred to as the `Director') is authorized to
establish an endowed, nongovernmental, nonprofit foundation (hereinafter in
this section referred to as the `Foundation') in consultation with the
Director of the National Institute of Standards and Technology.
(b) PURPOSES- The purposes of the Foundation shall be the following:
(1) To provide productive research and development opportunities within
the independent states of the former Soviet Union that offer scientists and
engineers alternatives to emigration and help prevent the dissolution of the
technological infrastructure of the independent states.
(2) To advance defense conversion by funding civilian collaborative
research and development projects between scientists and engineers in the
United States and in the independent states of the former Soviet
Union.
(3) To assist in the establishment of a market economy in the
independent states of the former Soviet Union by promoting, identifying, and
partially funding joint research, development, and demonstration ventures
between United States businesses and scientists, engineers, and
entrepreneurs in those independent states.
(4) To provide a mechanism for scientists, engineers, and entrepreneurs
in the independent states of the former Soviet Union to develop an
understanding of commercial business practices by establishing linkages to
United States scientists, engineers, and businesses.
(5) To provide access for United States businesses to sophisticated new
technologies, talented researchers, and potential new markets within the
independent states of the former Soviet Union.
(c) FUNCTIONS- In carrying out its purposes, the Foundation shall--
(1) promote and support joint research and development projects for
peaceful purposes between scientists and engineers in the United States and
independent states of the former Soviet Union on subjects of mutual
interest; and
(2) seek to establish joint nondefense industrial research, development,
and demonstration activities through private sector linkages which may
involve participation by scientists and engineers in the university or
academic sectors, and which shall include some contribution from industrial
participants.
(1) USE OF CERTAIN DEPARTMENT OF DEFENSE FUNDS- (A) To the extent funds
appropriated to carry out subtitle E of title XIV of the National Defense
Authorization Act for Fiscal Year 1993 (relating to joint research and
development programs with the independent states of the former Soviet Union)
are otherwise available for such purpose, such funds may be made available
to the Director for use by the Director in establishing the endowment of the
Foundation and otherwise carrying out this section.
(B) For each fiscal year after fiscal year 1993, not more than 50
percent of the funds made available to the Foundation by the United States
Government may be funds appropriated in the national defense budget function
(function 050).
(2) CONTRIBUTION TO ENDOWMENT BY PARTICIPATING INDEPENDENT STATES- As a
condition of participation in the Foundation, an independent state of the
former Soviet Union must make a minimum contribution to the endowment of the
Foundation, as determined by the Director, which shall reflect the ability
of the independent state to make a financial contribution and its expected
level of participation in the Foundation's programs.
(3) DEBT CONVERSIONS- To the extent provided in advance by
appropriations Acts, local currencies or other assets resulting from
government-to-government debt conversions may be made available to the
Foundation. For purposes of this paragraph, the term `debt conversion' means
an agreement whereby a country's government-to-government or commercial
external debt burden is exchanged by the holder for local currencies, policy
commitments, other assets, or other economic activities, or for an equity
interest in an enterprise theretofore owned by the debtor government.
(4) LOCAL CURRENCIES- In addition to other uses provided by law, and
subject to agreement with the foreign government, local currencies generated
by United States assistance programs may be made available to the
Foundation.
(5) INVESTMENT OF GOVERNMENT ASSISTANCE- The Foundation may invest any
revenue provided to it through United States Government assistance, and any
interest earned on such investment may be used only for the purpose for
which the assistance was provided.
(6) OTHER FUNDS FROM GOVERNMENT AND NONGOVERNMENTAL SOURCES- The
Foundation may accept such other funds as may be provided to it by
Government agencies or nongovernmental entities.
TITLE VI--SPACE TRADE AND COOPERATION
SEC. 601. FACILITATING DISCUSSIONS REGARDING THE ACQUISITION OF SPACE
HARDWARE, TECHNOLOGY, AND SERVICES FROM THE FORMER SOVIET UNION.
(a) EXPEDITED REVIEW- Any request for a license or other approval
described in subsection (c) that is submitted to any United States Government
agency by the National Aeronautics and Space Administration, any of its
contractors, or any other person shall be considered on an expedited basis by
that agency and any other agency involved in an applicable interagency review
process.
(b) NOTICE TO CONGRESS IF LICENSE DENIED- If any United States Government
agency denies a request for a license or other approval described in
subsection (c), that agency shall immediately notify the designated
congressional committees. Each such notification shall include a statement of
the reasons for the denial.
(c) DESCRIPTION OF DISCUSSIONS- This section applies to a request for any
license or other approval that may be necessary to conduct discussions with an
independent state of the former Soviet Union with respect to the possible
acquisition of any space hardware, space technology, or space service for
integration into--
(1) United States space projects that have been approved by the
Congress, or
(2) commercial space ventures,
including discussions relating to technical evaluation of such hardware,
technology, or service.
SEC. 602. OFFICE OF SPACE COMMERCE.
(a) TRADE MISSIONS- The Office of Space Commerce of the Department of
Commerce is authorized and encouraged to conduct one or more trade missions to
appropriate independent states of the former Soviet Union for the purpose of
familiarizing United States aerospace industry representatives with space
hardware, space technologies, and space services that may be available from
the independent states, and with the business practices and overall business
climate in the independent states.
(b) MONITORING NEGOTIATIONS- The Office of Space Commerce--
(1) shall monitor the progress of any discussions described in section
601(c)(1) that are being conducted; and
(2) shall advise the Administrator of the National Aeronautics and Space
Administration as to the impact on United States industry of each potential
acquisition of space hardware, space technology, or space services from the
independent states of the former Soviet Union, specifically including any
anticompetitive issues the Office may observe.
SEC. 603. REPORT TO CONGRESS.
Within one year after the date of enactment of this title, the President
shall submit to the designated congressional committees a report
describing--
(1) the opportunities for increased space-related trade with the
independent states of the former Soviet Union;
(2) a technology procurement plan for identifying and evaluating all
unique space hardware, space technology, and space services available to the
United States from the independent states;
(3) specific space hardware, space technology, and space services that
have been, or could be, the subject of discussions described in section
601(c);
(4) the trade missions carried out pursuant to section 602(a), including
the private participation in and the results of such missions;
(5) any barriers, regulatory or practical, that inhibit space-related
trade between the United States and independent states, including any such
barriers in either the United States or the independent states; and
(6) any anticompetitive issues raised during the course of negotiations,
as observed pursuant to section 602(b).
SEC. 604. DEFINITIONS.
For purposes of this title--
(1) the term `contractor' means a National Aeronautics and Space
Administration contractor to the extent that the acquisition of space
hardware, space technology, or space services from the independent states of
the former Soviet Union may be relevant to the contractor's responsibilities
under the contract; and
(2) the term `designated congressional committees' means the Committee
on Science, Space, and Technology and the Committee on Foreign Affairs of
the House of Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Foreign Relations of the Senate.
TITLE VII--AGRICULTURAL TRADE
SEC. 701. FOOD FOR PROGRESS ACT.
Section 1110 of the Food Security Act of 1985 (7 U.S.C. 1736o) is
amended--
(A) by inserting `(including the independent states of the former
Soviet Union)' after `such countries';
(B) by striking `or cooperatives' and inserting `cooperatives, or
other private entities';
(C) by inserting `(1)' after `(b)'; and
(D) by adding at the end the following:
`(2) The annual tonnage limitation contained in subsection (g) shall not
apply with respect to commodities furnished to the independent states of the
former Soviet Union during fiscal year 1993.';
(2) by amending subsection (f)(1) to read as follows:
`(f)(1) The Commodity Credit Corporation may provide for--
`(B) in the case of the independent states of the former Soviet Union,
sales on credit terms,
of commodities made available under section 416(b) of the Agricultural Act
of 1949 for use in carrying out this section.'; and
(3) by adding at the end the following:
`(m) In carrying out this section with respect to the independent states
of the former Soviet Union, the President shall approve, as determined
appropriate by the President, agreements with private voluntary organizations
and cooperatives that provide for--
`(1) the sale of commodities, including the marketing of these
commodities through the private sector; and
`(2) the use in the independent states of the proceeds generated in the
humanitarian and development programs of such private voluntary
organizations and cooperatives.
`(n) As used in this section, the term `independent states of the former
Soviet Union' means the independent states of the former Soviet Union as
defined in section 102(8) of the Agricultural Trade Act of 1978 (7 U.S.C.
5602(8)).'.
SEC. 702. DEFINITIONS FOR AGRICULTURAL TRADE ACT OF 1978.
(a) AGRICULTURAL COMMODITY- Section 102(1) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5602(1)) is amended by striking `feed, or fiber' and
inserting `feed, fiber, or livestock (including livestock as it is defined in
section 602(2) of the Agricultural Act of 1949 (7 U.S.C. 1471(2)) and
insects)'.
(b) INDEPENDENT STATES OF THE FORMER SOVIET UNION- Section 102 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5602) is amended by adding at the end
the following:
`(8) INDEPENDENT STATES OF THE FORMER SOVIET UNION- The term
`independent states of the former Soviet Union' means the following:
Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova,
Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.'.
SEC. 703. ASSISTANCE FOR PRIVATE VOLUNTARY ORGANIZATIONS.
The President is encouraged to use funds made available under section 109
of Public Law 102-229 (105 Stat. 1708), and funds made available under chapter
11 of part I of the Foreign Assistance Act of 1961, to assist private
voluntary organizations and cooperatives in carrying out food assistance
programs for the independent states of the former Soviet Union under--
(1) section 1110 of the Food Security Act of 1985 (7 U.S.C.
1736o);
(2) section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431);
or
(3) title II of the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1721 et seq.).
SEC. 704. DISTRIBUTION OF AID TO THE INDEPENDENT STATES OF THE FORMER
SOVIET UNION.
It is the sense of Congress that, in order to avoid waste and to ensure
fair and equitable distribution of food and commodities provided to the
independent states of the former Soviet Union, the President should, as
appropriate, when discussing and planning the provision of such food aid,
whether acting unilaterally or multilaterally with other donor countries,
encourage the involvement of suitable multinational organizations to monitor
the transport and distribution of such food aid within such entities.
SEC. 705. AGRICULTURAL FELLOWSHIP PROGRAM FOR MIDDLE INCOME COUNTRIES
AND EMERGING DEMOCRACIES.
(a) ELIGIBLE COUNTRIES- Section 1543 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 3293) is amended--
(1) in subsection (a) by striking `middle income countries and emerging
democracies' and by inserting `(as determined under subsection (b))' after
`eligible countries'; and
(A) by striking `that meet the following requirements' in the text
preceding paragraph (1) and inserting `described in any of the following
paragraphs'; and
(B) by adding at the end the following:
`(4) INDEPENDENT STATES OF THE FORMER SOVIET UNION- A country that is an
independent state of the former Soviet Union (as defined in section 102(8)
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(8)), to the extent that
the Secretary of Agriculture determines that such country should be eligible
to participate in the program established under this section.'.
(b) INDIVIDUALS WHO MAY RECEIVE FELLOWSHIPS- Section 1543(d) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(b)) is amended
by adding at the end the following: `The Secretary may provide fellowships
under the program authorized by this section to private agricultural producers
from eligible countries.'.
SEC. 706. PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING
DEMOCRACIES.
Section 1542 of the Agricultural Development and Trade Act of 1990 (7
U.S.C. 5622 note) is amended--
(A) by inserting `direct credits or' before `export credit';
(B) by inserting `201 or' before `202'; and
(C) by inserting `or authorized' after `required';
(A) by striking the subsection heading and inserting `(b) FACILITIES
AND SERVICES- ';
(B) by striking `for the establishment or improvement by United States
persons of facilities in emerging democracies' and inserting the
following: `for--
`(1) the establishment or improvement of facilities, or
`(2) the provision of services or United States produced goods,
in emerging democracies by United States persons'; and
(C) by striking the last sentence and inserting the following: `The
Commodity Credit Corporation shall give priority under this
subsection--
`(1) to opportunities or projects identified under subsection
(d)(1);
`(2) to projects that encourage the privatization of the agricultural
sector or that benefit private farms or cooperatives in emerging
democracies; and
`(3) to projects for which nongovernmental persons agree to assume a
relatively larger share of the costs.';
(3) in subsection (d)(1)(B)(i), by inserting `, farmers, other persons
from the private sector,' after `agricultural consultants'; and
(4) by amending subsection (d)(1)(D) to read as follows:
`(D) TECHNICAL ASSISTANCE- The Secretary is authorized to provide, or
pay the necessary costs for, technical assistance to enable individuals or
other entities to implement the recommendations or to carry out the
opportunities and projects identified under paragraph (1)(A).'.
SEC. 707. DIRECT CREDIT SALES.
(a) REQUIRED DETERMINATIONS- Section 201(c) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5621(c)) is amended by inserting after paragraph (3) the
following:
`The reference in paragraphs (1) and (2) to `on a long-term basis' shall
not apply in the case of determinations with respect to sales to the
independent states of the former Soviet Union.'.
(b) ELIGIBLE COUNTRIES- Section 201(d)(1)(C) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5621(d)(1)(C)) is amended to read as follows:
`(C) to assist countries in meeting their food and fiber needs,
particularly--
`(i) developing countries; and
`(ii) countries that are emerging democracies that have committed to
carry out, or are carrying out, policies that promote economic freedom,
private domestic production of food commodities for domestic
consumption, and the creation and expansion of efficient domestic
markets for the purchase and sale of agricultural commodities;
and'.
(c) RESTRICTIONS- Section 201 of the Agricultural Trade Act of 1978 (7
U.S.C. 5621) is amended by adding at the end the following new subsection:
`(f) RESTRICTIONS- The Commodity Credit Corporation may not make export
sales financing authorized under this section available in connection with
sales of an agricultural commodity to any country that the Secretary
determines cannot adequately service the debt associated with such sale.'.
(d) REGULATIONS- The Secretary of Agriculture shall issue final
regulations to implement section 201 of the Agricultural Trade Act of 1978 (7
U.S.C. 5621), as amended by this section, not later than 30 days after the
date of enactment of this Act.
SEC. 708. EXPORT CREDIT GUARANTEES.
(a) REQUIRED DETERMINATIONS- Section 202(c) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5622(c)) is amended by inserting after paragraph (3) the
following:
`The reference in paragraphs (1) and (2) to `on a long-term basis' shall
not apply in the case of determinations with respect to sales to the
independent states of the former Soviet Union.'.
(b) PURPOSE OF PROGRAM- Section 202(d)(3) of the Agricultural Trade Act of
1978 (7 U.S.C. 5622(c)) to read as follows:
`(3) to assist countries in meeting their food and fiber needs,
particularly--
`(A) developing countries; and
`(B) countries that are emerging democracies that have committed to
carry out, or are carrying out, policies that promote economic freedom,
private domestic production of food commodities for domestic consumption,
and the creation and expansion of efficient domestic markets for the
purchase and sale of agricultural commodities; and'.
SEC. 709. EXPORT PROMOTION PROGRAMS AMENDMENTS.
(a) PROCESSED AND HIGH-VALUE AGRICULTURAL PRODUCT EXPORT CREDIT GUARANTEE
PROGRAM- Section 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5622) is
amended--
(1) in subsections (a) and (b), by inserting `, including processed
agricultural products and high-value agricultural products,' after
`agricultural commodities' both places it appears; and
(2) by adding at the end the following new subsection:
`(1) IN GENERAL- In issuing export credit guarantees under this section
in connection with sales to the independent states of the former Soviet
Union, the Commodity Credit Corporation shall, to the extent practicable and
subject to paragraph (2), ensure that no less than 35 percent of the total
amount of credit guarantees issued for a fiscal year are issued to promote
the export of processed and high-value agricultural products and that the
balance are issued to promote the export of bulk or raw agricultural
commodities.
`(2) LIMITATION- The 35 percent requirement of paragraph (1) shall apply
for a fiscal year only to the extent that the percentage of the total amount
of credit guarantees issued for that fiscal year under this section to
promote the export to all countries of processed and high-value agricultural
products is less than 25 percent.'.
(b) PROCESSED AND HIGH-VALUE AGRICULTURAL PRODUCT EXPORT ENHANCEMENT
PROGRAM- Section 301 of the Agricultural Trade Act of 1978 (7 U.S.C. 5651) is
amended--
(1) in subsection (a), by inserting `, including processed agricultural
products and high-value agricultural products,' after `agricultural
commodities'; and
(A) by striking `The Commodity' and inserting the following:
`(1) IN GENERAL- The Commodity'; and
(B) by adding at the end the following new paragraph:
`(2) SET-ASIDES- (A) For each fiscal year, the Corporation shall, to the
extent practicable and subject to subparagraph (B), ensure that no less than
25 percent of the total of--
`(i) the funds expended, and
`(ii) the value of any commodities made available,
under this section in connection with sales of agricultural commodities
to the independent states of the former Soviet Union is used to promote the
export of processed and high-value United States agricultural products and
that the balance of the funds expended and commodities made available under
this section in connection with such sales is used to promote the export of
bulk or raw United States agricultural commodities.
`(B) The 25 percent requirement of subparagraph (A) shall apply for a
fiscal year only to the extent that the percentage of the total of--
`(i) the funds expended, and
`(ii) the value of commodities made available,
for that fiscal year under this section to promote the export to all
countries of processed and high-value United States agricultural products is
less than 15 percent.'.
TITLE VIII--UNITED STATES INFORMATION AGENCY, DEPARTMENT OF STATE, AND
RELATED AGENCIES AND ACTIVITIES
SEC. 801. DESIGNATION OF EDMUND S. MUSKIE FELLOWSHIP
PROGRAM.
Section 227 of the Foreign Relations Authorization Act, Fiscal Years 1992
and 1993 (22 U.S.C. 2452 note), is amended by adding at the end the following
new subsection:
`(f) DESIGNATION OF PROGRAM AND SCHOLARSHIPS-
`(1) The scholarship program established by this section shall be known
as the `Edmund S. Muskie Fellowship Program'.
`(2) Scholarships provided under this section shall be known as `Muskie
Fellowships'.'.
SEC. 802. NEW DIPLOMATIC POSTS IN THE INDEPENDENT STATES.
There are authorized to be appropriated for `NEW DIPLOMATIC POSTS' for
personnel, support, and other expenses, not otherwise provided for, for the
Department of State and the United States Information Agency to establish and
operate new diplomatic posts in the independent states of former Soviet Union,
$25,000,000 for fiscal year 1993, which are authorized to remain available
until September 30, 1994.
SEC. 803. OCCUPANCY OF NEW CHANCERY BUILDINGS.
Subsections (f) and (g) of section 132 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993, are repealed.
SEC. 804. CERTAIN POSITIONS AT UNITED STATES MISSIONS.
(a) AMENDMENT- Section 1004(a) of the Omnibus Diplomatic Security and
Anti-Terrorism Act of 1986 is amended by adding at the end the following: `Not
less than 15 shall be provided during fiscal year 1993.'.
(b) FUNDING- In addition to the funds made available pursuant to section
1005(c) of that Act, funds authorized to be appropriated by chapter 11 of part
I of the Foreign Assistance Act of 1961 may be used in carrying out the
amendment made by subsection (a) with respect to missions in the independent
states of the former Soviet Union.
SEC. 805. INTERNATIONAL DEVELOPMENT LAW INSTITUTE.
For purposes of the International Organizations Immunities Act (22 U.S.C.
288 and following), the International Development Law Institute shall be
considered to be a public international organization in which the United
States participates under the authority of an Act of Congress authorizing such
participation.
SEC. 806. CERTAIN BOARD FOR INTERNATIONAL BROADCASTING CONSTRUCTION
ACTIVITIES.
Section 301(c) of the Foreign Relations Authorization Act, Fiscal Years
1990 and 1991 (104 Stat. 63), is amended by adding at the end the
following:
`(3) For purposes of the notification requirements of section 634A(c) of
the Foreign Assistance Act of 1961, any action by the Board for
International Broadcasting or its agents, after the date of enactment of
this paragraph, to require or allow the construction authorized by this
subsection to proceed shall be treated as a reprogramming of funds subject
to the notification requirements of the annual Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriation Act.
Amounts authorized to be appropriated under paragraph (1) shall be available
for expenditure for construction services only in accordance with the
procedures applicable under that section.'.
SEC. 807. EXCHANGES AND TRAINING AND SIMILAR PROGRAMS.
(a) FUNDING FOR EXCHANGES AND TRAINING AND SIMILAR PROGRAMS-
(1) AUTHORIZATION OF APPROPRIATIONS- To carry out a broad spectrum of
exchanges, and of training and similar programs to promote the objectives
described in section 498 of the Foreign Assistance Act of 1961, between the
United States and the independent states of the former Soviet Union, there
are authorized to be appropriated for fiscal year 1993 (in addition to
amounts otherwise available for such purposes) the following:
(A) $20,000,000 for exchange programs for secondary school
students.
(B) $30,000,000 for programs for participants other than secondary
school students, including undergraduate and graduate students, farmers
and other agribusiness practitioners, and participants in the exchanges
carried out under paragraph (2).
(2) LOCAL AND REGIONAL SELF-GOVERNMENT EXCHANGES- The Director of the
United States Information Agency is authorized to use funds authorized to be
appropriated by paragraph (1)(B) to conduct exchanges to provide technical
assistance in local and regional self-government to the independent
states.
(3) REPORT ON PROPOSED FUNDING ALLOCATIONS- Within 45 days after the
date of the enactment of this Act, the coordinator designated pursuant to
section 102(a) of this Act shall submit to the Congress a report specifying
the amount of funds authorized to be appropriated by paragraph (1) that is
proposed to be allocated for each category of program and for each
Government agency.
(4) PROGRAM ADMINISTRATION-
(A) USIA- Educational, cultural, and any other exchange programs
carried out under this subsection, including any such programs for
secondary school students, shall be administered by the United States
Information Agency, and funds allocated for such programs shall be
transferred to that Agency.
(B) OTHER AGENCIES- Training and other non-exchange programs carried
out under this subsection shall be administered by the Agency for
International Development or such other Government agency as has
experience and expertise in carrying out such programs.
(5) ADMINISTRATIVE EXPENSES- Up to 5 percent of the funds made available
to each Government agency under this subsection may be used by that agency
for administrative expenses of program implementation.
(b) ENHANCEMENT OF USIA EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS- In
addition to amounts otherwise available for such purposes, there are
authorized to be appropriated to the United States Information Agency for
fiscal year 1993 for enhancement of existing educational and cultural exchange
programs the following:
(1) $9,950,000 for Fulbright Academic Exchange Programs.
(2) $10,850,000 for other programs administered by the Bureau of
Educational and Cultural Affairs.
(c) REPEAL- Effective 6 months after the date of enactment of this Act,
section 225 of the Foreign Relations Authorization Act, Fiscal Years 1992 and
1993, and the item relating to that section in the table of contents set forth
in section 2 of that Act, are repealed.
(d) AGRIBUSINESS EXCHANGES-
(1) AUTHORIZATION- The President is authorized to establish regional
agribusiness offices at State universities and land grant colleges in the
United States for the purpose of expanding exchanges between agribusiness
practitioners in the United States and agribusiness practitioners in the
independent states of the former Soviet Union.
(2) LIMITATION ON FUNDING SOURCES- Funds authorized to be appropriated
by this section or other provisions of this Act (including chapter 11 of
part I of the Foreign Assistance Act of 1961) may not be used to carry out
this subsection.
TITLE IX--OTHER PROVISIONS
SEC. 901. FOREIGN ASSISTANCE ACT LIST OF COMMUNIST COUNTRIES.
Paragraph (1) of section 620(f) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(f)(1)) is amended by striking out from the list of countries in
the last sentence of that paragraph the following: `Czechoslovak Socialist
Republic.', `Estonia.', `German Democratic Republic.', `Hungarian People's
Republic.', `Latvia.', `Lithuania.', `People's Republic of Albania.',
`People's Republic of Bulgaria.', `Polish People's Republic.', `Socialist
Federal Republic of Yugoslavia.', `Socialist Republic of Romania.', and `Union
of Soviet Socialist Republics (including its captive constituent
republics).'.
SEC. 902. JOHNSON ACT.
Section 955 of title 18, United States Code, shall not apply with respect
to any obligations of the former Soviet Union, or any of the independent
states of the former Soviet Union, or any political subdivision, organization,
or association thereof.
SEC. 903. SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED) ACT.
(a) SCOPE OF AUTHORITY- The Support for East European Democracy (SEED) Act
of 1989 is amended by inserting after section 2 (22 U.S.C. 5401) the
following:
`SEC. 3. SCOPE OF AUTHORITY.
`(a) GENERAL AUTHORIZATION- The President is authorized to conduct
activities for any East European country that are similar to any activity
authorized by this Act to be conducted in Poland or Hungary (excluding those
authorized by section 102 or the amendments made by sections 301 and 304) if
such similar activities would effectively promote a transition to
market-oriented democracy.
`(b) ADMINISTRATION OF JUSTICE PROGRAMS- In order to strengthen the
administration of justice in East European countries, the President may
exercise the same authorities with respect to those countries as are available
under section 534 of the Foreign Assistance Act of 1961, subject to the
limitations and requirements of that section, other than subsection (c) and
the last two sentences of subsection (e).
`(c) DEFINITION OF EAST EUROPEAN COUNTRY- For purposes of this Act, the
term `East European country' includes Albania, Bulgaria, the Czech and Slovak
Federal Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, and
states that were part of the former Socialist Federal Republic of
Yugoslavia.'.
(b) CONFORMING AMENDMENT- The table of contents in section 1 of that Act
is amended by inserting after the item relating to section 2 insert the
following:
`Sec. 3. Scope of authority.'.
SEC. 904. PEACE CORPS VOLUNTEER TRAINING REQUIREMENTS.
Section 8(c) of the Peace Corps Act (22 U.S.C. 2507(c)) is repealed.
SEC. 905. ESTABLISHING CATEGORIES OF ALIENS FOR PURPOSES OF REFUGEE
DETERMINATIONS; ADJUSTMENT OF STATUS FOR CERTAIN SOVIET AND INDOCHINESE
PAROLEES.
(a) EXTENSION OF PROVISIONS- The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167) is amended in
section 599D (8 U.S.C. 1157 note)--
(1) in subsection (b)(3), by inserting `and within the number of such
admissions allocated for each of fiscal years 1993 and 1994 for refugees who
are nationals of the independent states of the former Soviet Union, Estonia,
Latvia, and Lithuania under such section' after `Act'; and
(2) in subsection (e), by striking out `October 1, 1992' each place it
appears and inserting in lieu thereof `October 1, 1994'.
(b) CORRECTION OF REFERENCES TO SOVIET UNION- That Act is amended--
(A) in paragraphs (1)(A), (2)(A), and (2)(B), by striking out `of the
Soviet Union' each place it appears and inserting in lieu thereof `of an
independent state of the former Soviet Union or of Estonia, Latvia, or
Lithuania'; and
(B) in paragraph (1)(A), by striking out `in the Soviet Union' and
inserting in lieu thereof `in that state'; and
(2) in section 599E(b)(1), by striking out `of the Soviet Union,' and
inserting in lieu thereof `of an independent state of the former Soviet
Union, Estonia, Latvia, Lithuania,'.
(c) REPEAL OF EXECUTED REPORTING REQUIREMENTS- Section 599D of that Act is
amended by repealing subsection (f).
SEC. 906. ELIGIBILITY OF BALTIC STATES FOR NONLETHAL DEFENSE
ARTICLES.
(a) ELIGIBILITY- Estonia, Latvia, and Lithuania shall each be
eligible--
(1) to purchase, or to receive financing for the purchase of, nonlethal
defense articles--
(A) under the Arms Export Control Act (22 U.S.C. 2751 et seq.),
without regard to section 3(a)(1) of that Act, or
(B) under section 503 of the Foreign Assistance Act of 1961 (22 U.S.C.
2311), without regard to the requirement in subsection (a) of that section
for a Presidential finding; and
(2) to receive nonlethal excess defense articles transferred under
section 519 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321m), without
regard to the restrictions in subsection (a) of that section.
(b) DEFINITIONS- As used in this section--
(1) the term `defense article' has the same meaning given to that term
in section 47(3) of the Arms Export Control Act (22 U.S.C. 2794(3));
and
(2) the term `excess defense article' has the same meaning given to that
term in section 644(g) of the Foreign Assistance Act of 1961 (22 U.S.C.
2403(g)).
SEC. 907. RESTRICTION ON ASSISTANCE TO AZERBAIJAN.
United States assistance under this or any other Act (other than
assistance under title V of this Act) may not be provided to the Government of
Azerbaijan until the President determines, and so reports to the Congress,
that the Government of Azerbaijan is taking demonstrable steps to cease all
blockades and other offensive uses of force against Armenia and
Nagorno-Karabakh.
TITLE X--INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 1001. INTERNATIONAL MONETARY FUND QUOTA INCREASE.
The Bretton Woods Agreements Act (22 U.S.C. 286 and following) is amended
by adding at the end the following:
`SEC. 56. QUOTA INCREASE.
`The United States Governor of the Fund may consent to an increase in the
quota of the United States in the Fund equivalent to 8,608,500,000 Special
Drawing Rights, limited to such amounts as are provided in advance in
appropriations Acts.
`SEC. 57. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF AGREEMENT OF THE
FUND.
`The United States Governor of the Fund may agree to and accept the
amendments to the Articles of Agreement of the Fund as proposed in the
resolution numbered 45-3 of the Board of Governors of the Fund that was
approved by such Board on June 28, 1990.
`SEC. 58. APPROVAL OF FUND PLEDGE TO SELL GOLD TO PROVIDE RESOURCES FOR
THE RESERVE ACCOUNT OF THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY
TRUST.
`The Secretary of the Treasury is authorized to instruct the United States
Executive Director of the Fund to vote to approve the Fund's pledge to sell,
if needed, up to 3,000,000 ounces of the Fund's gold, to restore the resources
of the Reserve Account of the Enhanced Structural Adjustment Facility Trust to
a level that would be sufficient to meet obligations of the Trust payable to
lenders which have made loans to the Loan Account of the Trust that have been
used for the purpose of financing programs to Fund members previously in
arrears to the Fund.'.
SEC. 1002. INTERNATIONAL MONETARY FUND POLICY CHANGES.
The Bretton Woods Agreements Act (22 U.S.C. 286 and following) is amended
by adding after the sections added by section 1001 of this Act the
following:
`SEC. 59. FUND POLICY CHANGES.
`(a) POLICY CHANGES WITHIN THE IMF- The Secretary of the Treasury shall
instruct the United States Executive Director of the Fund to promote regularly
and vigorously in program discussions and quota increase negotiations the
following proposals:
`(1) POVERTY ALLEVIATION, REDUCTION OF BARRIERS TO ECONOMIC AND SOCIAL
PROGRESS, AND PROGRESS TOWARD ENVIRONMENTALLY SOUND POLICIES AND PROGRAMS-
(A)(i) Considerations of poverty alleviation and the reduction of barriers
to economic and social progress should be incorporated into all Fund
programs and all consultations under article IV of the Articles of Agreement
of the Fund.
`(ii) Preparation of Policy Framework Papers should be extended to all
nations which have Fund programs and active Bank or International
Development Association lending programs, and existence of a Policy
Framework Paper should be a precondition for new lending to such nations by
the Fund.
`(iii) All Policy Framework Papers should articulate the principal
poverty, economic, and social measures that the borrowing nation needs to
address, and this portion of the Policy Framework Paper (or a summary
thereof that includes specific measures and timing) should be made available
when the Policy Framework Paper is submitted to the Executive Directors of
the Bank and of the Fund for consideration.
`(iv) In considering whether to allocate resources of the Fund to a
borrower, the Fund should take into consideration the nature of the program
and commitment of the borrower to address the issues referred to in clause
(iii).
`(v) The Fund should establish procedures to enable the Fund to
cooperate with the Bank in evaluating the effectiveness of the measures
referred to in clause (iii), at the levels of policy, project design,
monitoring, and reporting, in the international financial institutions and
in the borrowing nations.
`(B)(i) The Fund should be encouraged to make further progress toward
environmentally sound policies and programs.
`(ii) The Fund should incorporate environmental considerations into all
Fund programs, including consultations under article IV of the Articles of
Agreement of the Fund.
`(iii) The Fund should be encouraged to support the efforts of nations
to implement systems of natural resource accounting in their national income
accounts.
`(iv) The Fund should be encouraged to assist and cooperate fully with
the statistical research being undertaken by the Organization for Economic
Cooperation and Development and by the United Nations in order to facilitate
development and adoption of a generally applicable system for taking account
of the depletion or degradation of natural resources in national income
accounts.
`(v) The Fund should be encouraged to consider and implement, as
appropriate, revisions in its national income reporting systems consistent
with such new systems as are of general applicability.
`(2) POLICY AUDITS- (A) The Fund should conduct periodic audits to
review systematically the policy prescriptions recommended and required by
the Fund in the areas of poverty and the environment.
`(B) The purposes of such audits would be--
`(i) to determine whether the Fund's objectives were met; and
`(ii) to evaluate the social and environmental impacts of the
implementation of the policy prescriptions.
`(C) Such audits would have access to all ongoing programs and
activities of the Fund and the ability to review the effects of
Fund-supported programs, on a country-by-country basis, with respect to
poverty, economic development, and environment.
`(D) Such audits should be made public as appropriate with due respect
to confidentiality.
`(3) ENSURING POLICY OPTIONS THAT INCREASE THE PRODUCTIVE PARTICIPATION
OF THE POOR- The Fund should establish procedures that ensure the focus of
future economic reform programs approved by the Fund on policy options that
increase the productive participation of the poor in the economy.
`(4) PUBLIC ACCESS TO INFORMATION- (A) The Fund should establish
procedures for public access to information.
`(B) Such procedures shall seek to ensure access of the public to
information while paying due regard to appropriate confidentiality.
`(C) Policy Framework Papers and the supporting documents prepared by
the Fund's mission to a country are examples of documents that should be
made public at an appropriate time and in appropriate ways.
`(b) PROGRESS REPORT- Each annual report of the National Advisory Council
on International Monetary and Financial Policies shall describe the
following:
`(1) The actions that the United States Executive Director and other
officials have taken to convince the Fund to adopt the proposals set forth
in subsection (a) through formal initiatives before the Board and management
of the Fund, through bilateral discussions with other member nations, and
through any further quota increase negotiations.
`(2) The status of the progress being made by the Fund in implementing
the proposals set forth in subsection (a).
`(c) STUDY- The Secretary of the Treasury shall instruct the United States
Executive Director to the Fund to urge the Fund--
`(1) to explore ways to increase the involvement and participation of
important ministries, national development experts, environmental experts,
free-market experts, and other legitimate experts and representatives from
the loan-recipient country in the development of Fund programs; and
`(2) to report on the status of Fund efforts in this regard.'.
SEC. 1003. REDUCTION OF MILITARY SPENDING AND PROMOTION OF LONG-TERM
SUSTAINABLE ECONOMIC GROWTH BY DEVELOPING NATIONS.
The Bretton Woods Agreements Act (22 U.S.C. 286 and following) is amended
by adding after the sections added by sections 1001 and 1002 of this Act the
following:
`SEC. 60. MEASURES TO REDUCE MILITARY SPENDING BY DEVELOPING
NATIONS.
`(a) DEVELOPMENT BY THE FUND OF MEANS TO MEASURE MILITARY SPENDING-
`(1) POSITION OF THE UNITED STATES- The United States Executive Director
of the Fund shall use the voice and vote of the United States to urge the
Fund, in consultation with the Bank, to continue to develop an economic
methodology to measure the level of military spending by each developing
country.
`(2) PROGRESS REPORT TO THE CONGRESS- No later than 1 year after the
date of the enactment of this section, the Secretary of the Treasury shall
submit to the Committee on Banking, Finance and Urban Affairs of the House
of Representatives and the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate a report on the status
of the development by the Fund of a workable economic methodology to measure
military spending by developing countries.
`(b) ANNUAL REPORTS BY FUND ON LEVELS OF MILITARY SPENDING- The United
States Executive Director of the Fund shall use the voice and vote of the
United States to urge the Fund, beginning with 1994, to provide the Executive
Board of the Fund with annual reports stating the estimate by the Fund of the
level of military spending by each developing country in the immediately
preceding calendar year (or, with respect to developing countries whose fiscal
years are not calendar years, in the most recently completed fiscal year of
the developing country), not later than the date of the annual fall Interim
and Development Committee meetings.
`(c) ANALYSIS AND ASSESSMENT OF MILITARY SPENDING TO BE INCLUDED IN
ARTICLE IV CONSULTATIONS BY THE FUND- The United States Executive Director of
the Fund shall use the voice and vote of the United States to urge the Fund,
beginning no later than the date of the first report provided as described in
subsection (b), to include in every article IV consultation with a developing
country an analysis of the level of military spending by the developing
country in the immediately preceding calendar year (or, with respect to
developing countries whose fiscal years are not calendar years, in the most
recently completed fiscal year of the developing country).'.
SEC. 1004. SUPPORT FOR MACROECONOMIC STABILIZATION IN THE INDEPENDENT STATES
OF THE FORMER SOVIET UNION.
(a) IN GENERAL- In order to promote macroeconomic stabilization and the
integration of the independent states of the former Soviet Union into the
international financial system, enhance the opportunities for trade, improve
the climate for foreign investment, and strengthen the process of
transformation of the former socialist economies into free enterprise systems
and thereby progressively enhance the well-being of the citizens of these
states, the United States should in appropriate circumstances take a leading
role in organizing and supporting multilateral efforts at macroeconomic
stabilization and debt rescheduling, conditioned on the appropriate
development and implementation of comprehensive economic reform programs.
(b) CURRENCY STABILIZATION- In furtherance of the purposes and consistent
with the conditions described in subsection (a), the Congress expresses its
support for United States participation, in sums of up to $3,000,000,000, in a
currency stabilization fund or funds for the independent states of the former
Soviet Union.
(c) STUDY OF THE NEED FOR AND FEASIBILITY OF A CURRENCY STABILIZATION FUND
FOR UKRAINE- The Secretary of the Treasury shall instruct the United States
Executive Director of the International Monetary Fund to use the voice and
vote of the United States to urge the Fund to conduct a study of the need for
and feasibility of a currency stabilization fund for Ukraine, and, if it is
found that such a fund is needed and is feasible, which considers and makes
recommendations with respect to the economic and policy conditions required
for the success of such a fund.
SEC. 1005. ROLE OF THE INTERNATIONAL FINANCE CORPORATION IN SUPPORTING
ECONOMIC RESTRUCTURING IN THE INDEPENDENT STATES OF THE FORMER SOVIET UNION.
The International Finance Corporation Act (22 U.S.C. 282-282k) is amended
by adding at the end the following:
`SEC. 15. AUTHORITY TO VOTE FOR CAPITAL INCREASES NECESSARY TO SUPPORT
ECONOMIC RESTRUCTURING IN THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION.
`The United States Governor of the Corporation may vote in favor of any
increase in the capital stock of the Corporation that may be needed to
accommodate the requirements of the independent states of the former Soviet
Union (as defined in section 3 of the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992).'.
SEC. 1006. AUTHORITY TO AGREE TO AMENDMENTS TO THE ARTICLES OF AGREEMENT OF
THE INTERNATIONAL FINANCE CORPORATION.
The International Finance Corporation Act (22 U.S.C. 282-282k) is amended
by adding after the section added by section 1005 of this Act the
following:
`SEC. 16. AUTHORITY TO AGREE TO AMENDMENTS TO THE ARTICLES OF
AGREEMENT.
`The United States Governor of the Corporation is authorized to agree to
amendments to the Articles of Agreement of the Corporation that would--
`(1) amend Article II, Section 2(c)(ii), to increase the vote by which
the Board of Governors of the Corporation may increase the capital stock of
the Corporation from a three-fourths majority to a four-fifths majority;
and
`(2) amend Article VII(a) to increase the vote by which the Board of
Governors of the Corporation may amend the Articles of Agreement of the
Corporation from a four-fifths majority to an eighty-five percent
majority.'.
SEC. 1007. REPORT ON DEBT OF THE FORMER SOVIET UNION HELD BY COMMERCIAL
FINANCIAL INSTITUTIONS.
The Secretary of the Treasury, using information available from the
International Monetary Fund, the International Bank for Reconstruction and
Development, and other appropriate international financial institutions, shall
report to the Congress, not later than one year after the date of enactment of
this Act, on the debt incurred by the former Soviet Union that is held by
commercial financial institutions outside the independent states of the former
Soviet Union that are obligated on such debt.
SEC. 1008. HUMAN RIGHTS.
(a) ADVANCEMENT OF HUMAN RIGHTS THROUGH THE IMF AND EBRD- Section 701(a)
of the International Financial Institutions Act (22 U.S.C. 262d(a)) is amended
by striking `and the African Development Bank,' and inserting `the African
Development Bank, the European Bank for Reconstruction and Development, and
the International Monetary Fund,'.
(b) ACCOUNTING FOR AMERICANS MISSING IN ACTION CONSIDERED IN ASSESSING
HUMAN RIGHTS IN THE INDEPENDENT STATES- Section 701(b)(4) of such Act (22
U.S.C. 262d(b)(4)) is amended by inserting `Russia and the other independent
states of the former Soviet Union (as defined in section 3 of the Freedom for
Russia and Emerging Eurasian Democracies and Open Markets Support Act of
1992),' after `Laos,'.
SEC. 1009. MULTILATERAL INVESTMENT GUARANTEES FOR THE INDEPENDENT STATES OF
THE FORMER SOVIET UNION.
Not later than 60 days after the date of enactment of this Act, the United
States Director of the Multilateral Investment Guarantee Agency shall transmit
to the Congress a report analyzing--
(1) the investments in the independent states of the former Soviet Union
which have been guaranteed by the Agency; and
(2) the demand for investment guarantees of the type provided by the
Agency for investments in the independent states.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END