Summary: H.R.3566 — 97th Congress (1981-1982)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (12/09/1981)

(Measure passed House, amended, roll call #345 (222-184))

International Security and Development Cooperation Act of 1981 - Title I: Military and Related Assistance and Sales - Amends the Arms Export Control Act to set the trigger price for transfers of defense equipment, articles, and services which would require the President to submit a certification to Congress before consenting to such transfer. Exempts such transfers from the 30 day waiting period between submission of certification and effectiveness of consent if the recipient is the North Atlantic Treaty Organization (NATO), any NATO member, Japan, Australia or New Zealand. Requires the President to submit the certification before consenting to such a transfer unless an emergency exists.

Prohibits the President from consenting to a transfer of defense articles or services valued at such trigger price, from one foreign country or international organization to another, unless the President submits a certification to Congress before consenting. Requires all such certifications to be submitted 30 days before the President consents, unless the transfer is to NATO, any NATO member, Japan, Australia, or New Zealand. Deletes the provision which exempted transfers to such countries from the certification requirement.

Extends the time within which the President must report the price and availability estimates of such defense articles, services, and major equipment. Retains the current trigger price which would make it necessary for the President to include in such report a request by a foreign country for a letter of offer to sell defense equipment, articles, or services.

Increases, with respect to letters of offers to sell, the trigger price of defense equipment, articles, or services which would require the President to submit a specified certification to the appropriate Congressional committees. Requires all such certifications to be submitted 30 days before a letter of offer is issued, unless an emergency exists or the recipient of the letter is NATO, any NATO member, Japan, Australia, or New Zealand. Requires certifications for such countries before the letters are issued, unless an emergency exists.

Increases the trigger price, with respect to applications for export licenses of defense equipment, articles, or services, which would require the President to submit a specified certification to Congress. Eliminates the 30 day waiting period between certification by the President and issuance of such an export license for NATO, any NATO member, Japan, Australia, or New Zealand. Requires such certification to be submitted before an export license is issued to such countries unless an emergency exists.

Authorizes the President to reduce or waive certain charges and costs involved in producing defense articles and equipment which would advance standardization of U.S. armed forces with the armed forces of Japan, Australia, or New Zealand.

Authorizes appropriations for fiscal years 1982 and 1983 for the foreign military sales credit and guarantee program.

Sets the ceiling for fiscal years 1982 and 1983 on: (1) the total amount of military sales credits; and (2) the total principal amount of loan guarantees for foreign military sales. Allots a specified amount of such credits and guaranteed loans for Israel. Allots a specified amount of such loan guarantees for Greece. Authorizes funds for fiscal years 1982 and 1983 to finance procurement by Israel of defense articles and services. Sets forth the terms of repayment by specified countries of such loan guarantees.

Directs the President to review periodically the items on the U.S. Munitions List. Includes extraordinary expenses in charges for administrative expenses for foreign military sales.

Authorizes the Secretary of Defense to establish a Special Defense Acquisition Fund to finance the acquisition of defense articles and services in anticipation of their transfer to eligible foreign countries and international organizations. Requires acquisitions of short supply items to be emphasized when compatible with security assistance requirements. Authorizes appropriations for such Fund for fiscal years 1982 and 1983. Prohibits the transfer of any defense articles or services acquired by such Fund to any foreign country or international organization unless authorized by law. Authorizes the temporary use of such defense articles and services by U.S. armed forces prior to their transfer. Authorizes the use of such Fund to pay for the costs related to the acquisition and transfer of such defense articles and services. Directs the President to report to Congress annually on such acquisitions of defense articles and services.

Authorizes the President to lease in-stock defense articles to an eligible foreign country or international organization if: (1) the President determines there are compelling foreign policy and national security reasons for leasing rather than selling such articles; (2) the President determines the articles are not presently needed for public use; and (3) the foreign country or international organization has agreed to pay all costs incurred in leasing such articles. Limits each lease agreement to five years duration. Requires each lease to provide that the President may terminate the lease and require immediate return of the leased articles. Authorizes loans for leases of such defense articles.

Directs the President to submit a certification to Congress before entering into or renewing such a lease or loan. Authorizes the waiver of such certification if the Presidents reports to Congress that an emergency exists. Prohibits any lease or loan of defense equipment or articles valued at or above specified amounts if Congress objects to the proposed lease or loan by adopting a concurrent resolution. Exempts such loans or leases to NATO, any NATO member, Japan, Australia, or New Zealand from such legislative review. Applies laws restricting the countries or organizations to which arms sales may be made to leases of defense articles under this Act.

Makes the Secretary of State responsible for the supervision and general direction of such leases. Requires such leases to meet the same prerequisites for consent by the President as sales of such articles or services.

Amends the Foreign Assistance Act of 1961 to require loan agreements covering defense articles to provide for restoration or replacement of loaned defense articles which are damaged, lost, or destroyed.

Amends the International Security and Development Cooperation Act of 1980 to repeal the provision relating to leasing defense property.

Amends the Arms Export Control Act to eliminate the requirement that the President report to Congress on certain leases of military property to foreign governments.

Amends the Foreign Assistance Act of 1961 to authorize appropriations for fiscal years 1982 and 1983 for military assistance. Allots a specified amount of the military assistance funds available for fiscal years 1982 and 1983 to provide grants to finance procurements of defense articles and services for certain countries for which military sales credits were requested but not made available. Repeals the provision which terminated the authority to furnish military assistance to any country unless Congress specifically authorized such assistance.

Sets the limitation on additions to stockpiles of defense articles for foreign countries for fiscal years 1982 and 1983.

Eliminates the requirement of specific Congressional authorization for the operation of a military assistance advisory group, military mission, or organization of U.S. military personnel in a foreign country. Authorizes the President to assign U.S. military personnel to a foreign country to perform specified functions. Limits advisory and training assistance conducted by such personnel. Expresses the sense of Congress that advising and training assistance in countries to which such personnel are assigned shall be provided by other personnel who are detailed for limited periods to perform specific tasks.

Limits to six the number of such military personnel assigned to a foreign country unless specifically authorized by Congress. Authorizes the President to waive this limitation upon reporting to Congress that U.S. interests require more than six be assigned to carry out international security assistance programs. Authorizes specified countries to have military personnel strengths larger than six for fiscal years 1982 and 1983.

Prohibits the total number of such military personnel assigned to a foreign country from exceeding the number justified to Congress, unless the appropriate Congressional committees are notified before the introduction of the additional military personnel.

Specifies the funds which will be charged with the costs of overseas management of international security assistance programs.

Retains the provisions which: (1) make the Chief of the U.S. Diplomatic Mission responsible for supervising such military personnel; and (2) restrict encouragement by U.S. diplomatic and military personnel of military equipment purchases by foreign countries.

Authorizes appropriations for fiscal years 1982 and 1983 for: (1) international military education and training; and (2) peacekeeping operations. Prohibits using the authority for peacekeeping operations to finance the establishment of a peacekeeping force in the Sinai or to position U.S. military units in the Sinai without express Congressional approval. Increases the amount of funds which may be transferred in any fiscal year from economic support funds for peacekeeping operations.

Expresses support for holding free elections in El Salvador.

Authorizes the obligation of funds for military and economic assistance under specified Federal laws for El Salvador, only if prior to each such grant of assistance the President certifies to the Speaker of the House of Representatives and to the Senate Foreign Relations Committee that El Salvador's Government: (1) is not engaged in consistently violating internationally recognized human rights; (2) has achieved substantial control over its armed forces; (3) is making progress in implementing essential economic and political reforms; (4) is committed to holding free elections; and (5) has demonstrated its willingness to negotiate a political resolution of the conflict.

Directs the President, if such certification is not made, to: (1) suspend specified military assistance and military education and training for El Salvador; (2) withhold approvals for use of certain credits and guarantees for El Salvador; (3) suspend deliveries of certain defense articles, defense services, and design and construction services; and (4) withdraw from El Salvador all U.S. armed forces performing specified functions.

Prohibits the President from making such certification until the President also certifies that El Salvador's government has made good faith efforts to investigate the murders of six U.S. citizens in El Salvador and to bring those responsible for the murders to justice.

Requires security assistance to be available to help Pakistan deal with the security threat posed by the Soviet presence in Afghanistan. Authorizes appropriations for fiscal year 1982 for economic aid to Pakistan. Makes such aid subject to the limitations established by this Act on nuclear transfers and detonations.

States that a nuclear detonation by any non-nuclear weapon state would damage U.S. relations with that country and might cause the termination of U.S. aid to such country.

Amends the Foreign Assistance Act of 1961 to reformulate the limitations on nuclear transfers and detonations. Prohibits U.S. aid to countries which: (1) deliver or receive nuclear enrichment materials, unless both countries agree before such delivery to place the materials under multilateral auspices and the receiving country agrees to place all nuclear facilities under specified international safeguards; and (2) deliver or receive such materials unless the transfer is associated with the search for alternatives to pure plutonium reprocessing.

Requires the suspension of U.S. aid to any country which transfers a nuclear explosive device to a non-nuclear weapon state. Suspends such aid to a non-nuclear weapon state that receives or detonates a nuclear explosive device.

Authorizes the provision of economic or military aid that would otherwise be prohibited because of transfers of nuclear enrichment materials if the President makes a specified certification to Congress. Authorizes Congress to prohibit such aid despite the President's certification if Congress adopts a concurrent resolution disapproving such aid.

Amends the Arms Export Control Act to authorize letters of offer, military sales credits and guarantees, and export licenses only to countries that the President certifies to Congress as not being engaged in a consistent pattern of intimidation and harrassment of individuals in the United States.

Title II: Economic Support Fund - Authorizes appropriations for fiscal years 1982 and 1983 for the Economic Support Fund. Deletes provisions relating to: (1) the use of fiscal year 1981 funds; and (2) Central American economic support. Allots a minimum amount of the authorized economic support funds for such years for Israel and Egypt on a grant basis. Authorizes making such funds available to Israel as a cash transfer. Replaces funds authorized and appropriated for Egypt and Israel in fiscal year 1981 which were reprogrammed to aid other countries. Authorizes obligating economic support funds for Egypt to finance activities relating to the reclamation of desert lands (new lands development). Authorizes the use of a specified amount of such funds under the famine prevention and freedom from hunger programs to build agricultural extension services in Egypt for the small farmer. Authorizes the use of a specified amount of such funds for such years for special requirements in the Middle East, if the President makes a specified report to Congress. Requires the President to report to Congress at the end of each of fiscal years 1981-1983 on the use of such funds. Expresses the sense of the Congress that the United States should finance and participate in cooperative scientific and technological projects involving Israel, Egypt and other Middle East countries. Authorizes the use of a specified amount of economic support funds for such projects.

Deobligates all economic support funds appropriated in prior fiscal years for Syria, except specified earmarked funds. Authorizes using such deobligated funds to reimburse U.S. companies or persons which meet specified criteria.

Earmarks specified amounts for relief and rehabilitation programs in Lebanon for fiscal years 1982 and 1983.

Requires a minimum of two-thirds of the economic support funds available for Turkey for fiscal years 1982 and 1983 to be provided on a grant basis. Allots a specified amount of the authorized economic support funds for each of fiscal years 1982 and 1983 for Cyprus.

Prohibits use of economic support funds available for fiscal years 1982 and 1983 to finance any foreign nuclear facility, unless the President certifies to Congress that it is indispensable to achievement of nonproliferation objectives.

Earmarks a specified amount of economic support funds for fiscal years 1982 and 1983 for emergency use when U.S. national interests require economic support to promote stability.

Title III: Development Assistance - Amends the Foreign Assistance Act of 1961 to authorize appropriations for fiscal years 1982 and 1983 for: (1) agricultural development programs; (2) participation in the International Fund for Agricultural Development; (3) assistance for voluntary population planning and health programs, with a prohibition on the use of such funds for abortions or for abortion related research; (4) education and human resources development, with a minimum amount earmarked to finance scholarships for disadvantaged South African students; (5) energy development and production, including an earmarked amount for facilitating geological and geophysical survey work and; (6) private voluntary organizations and selected development activities, including programs of disaster preparedness. Retains references to a target figure and fiscal year for promotion of human rights.

Authorizes the President to assist developing countries in strengthening their capacity to protect and manage their environment and natural resources. Directs the President to take into account the environmental impact of development programs on developing countries. Requires agencies responsible for such programs to take into account: (1) an environmental impact statement for any development program significantly affecting the environment of the United States or of areas outside the jurisdiction of any country; and (2) an environmental assessment of any proposed program significantly affecting a foreign country's environment. Expresses the concern of the Congress about the continuing loss of tropical forests in developing countries. Directs the President to consider such concerns and the recommendations of the U.S. Interagency Task force on Tropical Forests: (1) in carrying out programs with respect to developing countries; and (2) in seeking opportunities to coordinate development and investment activities which affect such forests. Expresses the sense of the Congress that the President should instruct U.S. representatives to international organizations to urge that: (1) higher priority be given to the problems of tropical forest alteration and loss; and (2) there be improved cooperation among these organizations with respect to tropical forest activities.

Authorizes appropriations for fiscal years 1982 and 1983 for implementation of the Sahel development program. Conditions disbursement of such funds upon a finding that the foreign government will maintain an accounting system which adequately provides identification of and control over the receipt and expenditure of those funds.

Increases and extends through fiscal year 1983 the authorization of appropriations for worldwide housing guaranty programs. Sets up a revolving fund in the Treasury for all fees derived from certain guaranty programs. Authorizes investment of such funds in U.S. obligations.

Authorizes U.S. participation in the International Food Policy Research Institute. Authorizes appropriations for fiscal years 1982 and 1983 for: (1) participation in international organizations and programs; (2) trade and development programs; and (3) the African Development Foundation.

Expresses the sense of the Congress that the United States should strongly support the efforts of developing countries to improve infant feeding practices. Authorizes spending a specified amount to help such countries establish or improve infant feeding programs. Requires the President to report to Congress on such programs.

Title IV: Food for Peace Programs - Amends the Agricultural Trade Development and Assistance Act of 1954 to: (1) authorize the President to agree to sell agricultural commodities for foreign currencies on credit terms and on terms which permit conversion to dollars at the exchange rate applicable to the sales agreement; (2) eliminate the provision for the progressive transition from sales for foreign currencies to sales for dollars;(3) repeal the provision which excluded from the definition of friendly country any country or area dominated by a communist government; (4) repeal the requirement that purchasing countries identify food commodities sold for foreign currencies as being provided through U.S. generosity; (5) authorize the President to use for specified purposes the foreign currencies which accrue from such sales entered into before a specified date (currently in connection with such sales); and (6) require payments by friendly countries for commodities purchased for foreign currencies to be upon terms no less favorable to the United States than those for development loans. Repeals provisions which: (1) authorize the financing for the ocean transportation costs for such sales; and (2) require a minimum allocation of foreign currencies for self-help measures. Increases the maximum amount of such foreign currencies which may be used for emergency relief requirements other than for commodities. Directs the President to consider, before agreeing to sell U.S. agricultural commodities, to what extent a recipient country is using self-help measures to reduce illiteracy among farmers and to improve farmers' health. Requires each such agreement to describe the economic development and self-help measures extensively and in a manner which ensures that the country's needy people will be the major beneficiaries of the self-help measures. Directs the President to ensure that the self-help provisions are additional to measures that would otherwise be undertaken and to determine whether such provisions are being fully carried out. Limits the amount of financing from sales of agricultural commodities for foreign currencies which can be made available for any one country beginning in fiscal year 1983. Decreases the minimum quantity of agricultural commodities which must be distributed through nonprofit voluntary agencies and the World Food Program for famine relief in fiscal year 1982.

Title V: Other Assistance Programs - Authorizes appropriations for fiscal years 1982 and 1983 for: (1) American schools and hospitals abroad; (2) international narcotics control; (3) international disaster assistance; and (4) assistance for displaced persons in Central America. Repeals the provision which prohibits the use of aid funds to pay for herbicide spraying to eradicate marihuana. Authorizes the use of funds appropriated before enactment of this Act to pay for such herbicide spraying. Authorizes the use, without limitations, of narcotics control funds appropriated for fiscal year 1980 which were obligated for Colombia. Authorizes the President to furnish assistance for displaced persons in Central America. Authorizes the President to furnish assistance for resettling Haitian nationals in Belize.

Title VI: Peace Corps - Requires the Peace Corps to be an independent agency within the executive branch.

Amends the Peace Corps Act to delete certain provisions relating to readjustment allowance payments to Peace Corps volunteers.

Transfers to the Director of the Peace Corps all functions relating to the Peace Corps which were vested in the Director of the ACTION agency. Provides for the transfer of personnel, contracts, property, records, and funds used primarily by the Peace Corps to the Peace Corps.

Requires the Director of the Office of Management and Budget and the Comptroller General to submit reports to the appropriate Congressional committees on the implementation of this Act.

Authorizes appropriations for fiscal years 1982 and 1983 for the Peace Corps.

Requires the Peace Corps to give particular attention to programs which tend to integrate disabled people into developing countries' national economies.

Authorizes the Director of the Peace Corps to procure legal services under certain conditions.

Applies the malpractice protection currently covering State Department personnel to Peace Corps volunteers and personnel. Removes present malpractice protection for Peace Corps volunteers. Removes the applicability of the Mutual Defense Control Act of 1951 to the functions of the Peace Corps.

Title VII: Miscellaneous Provisions - Amends the Foreign Assistance Act of 1961 to require property already owned by a Federal agency to be used in furnishing international development assistance in lieu of or supplementary to purchasing new items.

Makes permanent the exemption from limitations on U.S. assistance to construction of productive enterprises in Egypt.

Provides for compensation of Federal agency employees assigned to work outside the United States.

Authorizes appropriations for fiscal years 1982 and 1983 for the operating expenses of administering the international development program.

Amends the Inspector General Act of 1978 to establish in the Agency for International Development (AID) an office of Inspector General. Directs the Inspector General of such Agency to supervise all security activities relating to AID operations and to supervise all audit, investigative, and security activities relating to operations within the U.S. International Development Cooperation Agency to the extent requested by the Director of such Agency. Directs the Inspector General of AID to appoint an Assistant Inspector General for security.

Authorizes the Inspector General of AID to assign members of the Foreign Service as employees of the Inspector General. Exempts AID from specified overseas personnel ceilings. Repeals the provision requiring the appointment of an Auditor General for the international development program.

Requires the President to use the currencies or credits received from Poland from the sale of surplus dairy products to serve U.S. interests in Poland.

Declares that eliminating hunger shall be a primary objective of U.S. relations with developing countries. Directs the President to: (1) encourage other grain exporting countries to establish food security reserves; and (2) report to Congress on the actions taken by the President and the response of other countries.

Expresses the sense of Congress that up to $15,000,000 of international development funds should be made available for development assistance for Haiti. Authorizes additional appropriations for fiscal year 1982 for agricultural research. States that the development assistance for Haiti for such fiscal year should be provided through private and voluntary organizations to the maximum extent possible. Authorizes funding for development assistance, military assistance, military education and training, and arms credits and guarantees for fiscal year year 1982 for Haiti only if the President determines that Haiti's government: (1) has cooperated in halting illegal emigration from Haiti; (2) has not supported such illegal emigration; (3) has provided assurances that it will cooperate in implementing U.S. development assistance programs in Haiti, and (4) is not engaged in a consistent pattern of gross violations of internationally recognized human rights. Directs the President to report to Congress each six months on the extent to which Haiti's actions are consistent with such determinations.

Exempts assistance for halting significant illegal emigration to the United States from the prohibition on aid for police training in foreign countries.

Expresses the sense of Congress that the United States should take into account whether elections will be held in Nicaragua and whether political groups in Nicaragua will be allowed to promote specific candidates in considering any aid for Nicaragua.

Reaffirms Congressional support for human rights provisions.

Directs the President to report to the Speaker of the House and the Chairman of the Senate Foreign Relations Committee on prevailing economic conditions in Egypt, Israel, and Turkey which may affect their ability to meet international debt obligations and to stabilize their economies.

Expresses the sense of Congress that the President should continue diplomatic efforts to implement a policy with respect to Lebanon which provides for: (1) an immediate cease fire; (2) reaffirmantion of the U.S.-Lebanon relationship; (3) a commitment to restoring the freedom, sovereignty and integrity of Lebanon; and (4) support for a free and open national election.

Repeals the prohibition against assistance and arms sales to Argentina. Authorizes the provision of military assistance, economic assistance, arms sales credits, and export licenses only if the President certifies to the Speaker of the House and the Chairman of the Senate Foreign Relations Committee that Argentina has made significant progress in complying with internationally recognized human rights principles and that the provision of such assistance is in the interest of the United States.

Expresses the sense of Congress that assistance furnished to El Salvador should be used to encourage: (1) observance of internationally recognized human rights; (2) continued progress in implementing essential economic and political reforms; (3) an investigation of the deaths in El Salvador of U.S. citizens; (4) an end to extremist violence; (5) free elections; and (6) increased professional capability of the Salvadoran military to establish a peaceful and secure environment.

Expresses the sense of Congress that U.S. economic aid to El Salvador should emphasize revitalizing the private sector and supporting the free market system. Urges the President to set aside a portion of the economic support to provide guarantees to private U.S. banks willing to give credits to the Salvadoran private sector.

Expresses the sense of Congress that the President should consider, in furnishing aid to Turkey, Greece, and Cyprus, whether these governments are helping to promote a peaceful settlement of the Cyprus dispute. States that a settlement should entail the withdrawal of foreign troops from Cyprus and provide for the return of Cypriot refugees.

Urges the President to provide Poland with feed grains under as favorable terms as possible. Encourages the President to pursue discussions about a multilateral effort to help Poland's economic recovery. Earmarks a specified amount of economic support funds for Poland.

Expresses the sense of Congress that the Secretary of State should recommend that extended voluntary departure status be granted to aliens who are nationals of El Salvador until it is safe for them to reside in El Salvador.

Directs the President to consider, in furnishing assistance to Nicaragua, the extent to which Nicaragua has engaged in violations of internationally recognized human rights and the extent to which it has fulfilled a specified pledge to the Organization of American States. Requires aid to Nicaragua to be ended if the President reports to Congress that: (1) Nicaragua cooperates with or harbors international terrorists; (2) Nicaragua supports terrorism in other countries; or (3) foreign military forces are stationed in Nicaragua and such forces threaten U.S. national security or the national security of a Latin American ally of the United States. Requires that any agreement between the United States and Nicaragua regarding loans under this Act shall provide for the loans to be used to help the private sector.

Grants the approval necessary for the issuance of a specified number of immigrant visas with respect to Taiwan.

Condemns the use of or the provision of chemical agents and toxin weapons against the peoples of Laos, Kampuchea, or Afghanistan. States that the President, through diplomatic agents, should seek to end actions by any party or government using or providing such materials against such peoples.

Urges the President to: (1) allocate the highest possible priority to clarify the nature and origins of the chemical agents and toxin weapons being used; and (2) seek a satisfactory explanation from the Soviet Union regarding the strong evidence of its role in using or providing such weapons.

Reiterates the concern of Congress over the failure of the Soviet Union to respond adequately to requests for data explaining a recent outbreak of pulmonary anthrax in the Soviet Union. States that negotiation of a treaty prohibiting the development, production and stockpiling of chemical weapons should be given a high priority.

Directs the President to consider, before deciding on providing foreign aid to a country, whether that country has dissociated itself from the communique issued after the 1981 Meeting of the Ministers of Foreign Affairs and Heads of Delegations of the Non-Aligned Countries to the U.N. General Assembly. Directs the President to report to Congress on the countries that have dissociated themselves from the communique.

States that the United States should ensure that no U.S. citizen is acting in the service of terrorism. Directs the President to report to Congress on the legislative and administrative means available to prevent participation by U.S. citizens in international terrorism.

Condemns Libya for its support for international terrorism, its efforts to obstruct a peaceful resolution in the Middle East and its actions to neighboring African countries. States that the President should report to Congress on steps the United States and its allies could take to pressure Libya to cease such activities.

Limits the total amount appropriated under the authority of this Act for fiscal years 1982 and 1983.