International Security and Development Cooperation Act of 1980

(Conference report filed in House, H. Rept. 96-1471)

International Security and Development Cooperation Act of 1980 - =Title I: Military and Related Assistance Programs= - Amends the Arms Export Control Act to require the President to report to Congress concerning the transfer to third countries of specified defense articles and services before consenting to such transfer. Exempts certain transfers to North Atlantic Treaty Organization member countries, Japan, Australia, or New Zeland from the congressional certification requirements.

Prohibits personnel performing defense services from giving training and advice that may engage U.S. personnel in combat activities (currently prohibited from giving training, advice, or other assistance regarding combat activities). Requires the President to report to Congress if significant hostilities involve a country in which U.S. personnel are performing defense services.

Authorizes the President to enter into agreements for cooperative reciprocal training with Japan, Australia, and New Zealand.

Repeals current provisions which require ten percent of the principal amount of arms sales guaranties be reserved. Provides for the present reserve to remain available. Directs the President to report to Congress whenever the reserve falls below a specified amount. Credits amounts received from foreign governments and international organizations for claims to such reserve after claims based on such guaranties have been paid. Requires annual reports to Congress concerning such reserve. Prohibits credits and loan guarantees in excess of amounts appropriated for such purposes.

Authorizes the President to sell or contract to sell design or construction services to eligible countries or international organizations if the United States is paid in full in advance for the costs of furnishing such services. Makes such sales subject to the statutory provisions applicable to defense articles and services. Requires the President to certify information to Congress concerning any letter of offer to sell any design and construction services for $200,000,000 or more.

Authorizes appropriations for foreign military sales for fiscal year 1981. Establishes separate ceilings on the total amount of credit and of loan guaranties authorized to be extended for fiscal year 1981. Increases the amount earmarked for Israel. Makes a specified amount available only for the costs of relocating Israeli forces from the Sinai. Exempts Israel from specified credit and loan guaranties restrictions for fiscal year 1981. Releases Israel from a specified amount of its contractual liability to repay the United States. Grants a ten year grace period before Egypt, the Sudan, Greece, and Turkey are required, and Somalia may be required, to begin repayment of the principal of loans guaranteed to finance credit sales of defense articles and services.

Raises the ceiling on arms sales which are required to be sold under the Arms Export Control Act in order to be issued an export license. Provides for a congressional veto of a proposed export license unless the President states that an emergency exists with a detailed justification of such determination. Exempts licenses for the NATO countries, Japan, Australia, and New Zealand from the veto provision.

Authorizes the President to require exporters to keep the President informed of arms sale negotiations. Requires that information on licensed commercial exports be included in the annual Arms Sales Proposal.

Directs the President to review the current U.S. Munitions List and recommend to Congress which items should be removed. Expresses the sense of Congress that items should not be removed from such controls under the Arms Export Control Act and transferred to controls under the Export Administration Act if they: (1) are specifically designed for military uses; (2) contain sensitive technology; (3) are related to nuclear weapons development or delivery; or (4) otherwise warrant continued export control under the Arms Export Control Act.

Directs the President to study and report to Congress on whether export licenses under the Arms Export Control Act should be permitted to be issued to Argentina for exports of communications and electronic equipment, helicopters, propeller aircraft, trucks and vehicles, and defense services relating to such terms.

Directs the President to report to Congress concerning leases of defense property to foreign governments for more than six months. Makes such lease agreements subject to the approval of the Secretary of State.

Exempts specified exports of uranium depleted in the isotope 235 from the Atomic Energy Act of 1954 and the Nuclear Non-Proliferation Act of 1978, when such exports are subject to controls pursuant to the Arms Export Control Act or the Export Administration Act of 1979.

Amends the Export Administration Act of 1979 to include the Senate Foreign Relations Committee among the committees to be notified before any export license is approved for goods to countries supporting international terrorism. Requires such committees to be notified at least 30 days before approval.

Amends the Foreign Assistance Act of 1961 to authorize the President to furnish military assistance to friendly countries or international organizations by transferring authorized funds for specified recipients to be used to meet obligations of such recipents for payment for arms sales under the Arms Export Control Act. Authorizes appropriations for fiscal year 1981 for military assistance with specified limitations on amounts for Portugal, Spain, Sudan, and the Philippines. Increases the aggregate value of the drawdown of defense articles from Defense Department stocks, defense services, and military education and training authorized in emergencies. Extends the authority to furnish military assistance until September 30, 1982, or for five years after such assistance is authorized.

Decreases the value of additions of defense articles to stockpiles in foreign countries during fiscal year 1981. Revises the list of foreign countries to which the President is authorized to assign members of the U.S. Armed Forces to manage security assistance programs by deleting Iran and Kuwait and adding Egypt. Permits the number of defense attaches performing overseas management functions to exceed by up to six the number of attaches authorized on December 31, 1979.

Authorizes appropriations for fiscal year 1981 for international military education and training. Includes the additional costs of furnishing such training within the definition of "value." Amends the Arms Export Control Act to require countries receiving military training assistance to pay only the additional costs of furnishing such training, rather than the full cost, when buying such training.

Authorizes appropriations for fiscal year 1981 for peacekeeping operations. Repeals the provision creating the Middle East special requirements fund.

Permits the President to make sales, extend credit, or issue guaranties under the Arms Export Control Act, as well as furnish assistance, without regard to statutory limitations if the President notifies and provides written justification to the appropriate congressional committees that to do so is vital to U.S. security.

Prohibits assistance to military or paramilitary operations in Angola unless: (1) the President determines that such assistance is in the U.S. national security interest; (2) the President reports the amounts of and reasons for such assistance to specified congressional committees if such determination is issued; and (3) Congress approves such assistance. Exempts humanitarian aid from such requirements. Repeals the limitations on assistance to Angola contained in the International Security Assistance and Arms Export Control Act of 1976.

Prohibits the use of funds authorized by this title for military assistance to Nicaragua.

=Title II: Economic Support Fund= - Amends the Foreign Assistance Act of 1961 to authorize appropriations for fiscal year 1981 for the Economic Support Fund. Repeals the Fund's regional programs.

Earmarks specified amounts for Israel, Egypt, Turkey, Cyprus, and special requirements in the Middle East. Authorizes a cash transfer of the funds allocated to Israel as long as such transfer will not adversely impact U.S. nonmilitary exports to Israel. Directs the President to report to Congress concerning the obligation of funds for Middle East special requirements. Provides for a congressional veto of such proposed use. Makes specified amounts available for emergency uses to promote economic or political stability. Prohibits making funds available for Syria. Prohibits the use of such funds for nuclear facilities in a foreign country, unless the President certifies to Congress that such use is indispensable to the achievement of U.S. nonproliferation objectives.

Sets forth congressional findings concerning Central American economic support.

Requires the President to consider the Government of Nicaragua's observance of specified human rights when furnishing economic assistance. Requires the termination of such assistance if Nicaragua engages in a consistent pattern of gross violations of human rights. Directs the Secretary of State to report semi-annually to Congress on the degree of observance of human rights in such country.

Directs the President to certify to Congress that Nicaragua is not cooperating with any international terrorist organization or supporting acts of violence in other countries, prior to releasing any assistance to Nicaragua. Requires the President to terminate such assistance if Nicaragua is later found to be aiding or abetting terrorism.

Declares it the sense of Congress that Guatamala, El Salvador, Costa Rica, Panama, Nicaragua and Honduras should be supported against terrorism and external subversion.

Sets forth conditions on funds for: (1) the National School of Agriculture in Nicaragua; and (2) loans for private sector assistance. Requires local currency assistance to be used to strengthen private financial institutions which will help keep the private sector in Nicaragua financially independent. Requires monitoring and auditing of such local currency loan program and the results to be reported to Congress.

Directs the President to terminate assistance if Nicaragua: (1) harbors any foreign combat military forces which pose a threat to the security of the United States or any of its Latin American allies; (2) consistently violates the right to organize and operate labor unions free from political oppression; or (3) systematically violates free speech and press.

Directs the President to encourage the holding of free elections in Nicaragua within a reasonable period of time and to take into consideration the progress being made for such elections, in providing additional assistance.

Prohibits the use of authorized funds for assistance to educational facilities which would house, employ or be made available to Cubans.

Requires any agreement with Nicaragua regarding the use of authorized funds to specify that loan funds be used to purchase U.S. goods or services.

States that up to one percent of the funds made available to Nicaragua shall be used to publicize in Nicaragua the extent of U.S. aid programs. Directs the President to report to Congress on the effectiveness of such publicity.

Exempts described assistance for construction of any productive enterprise in Egypt from the ceiling on such assistance.

=Title III: Development Assistance Programs= - Amends the Foreign Assistance Act of 1961 to authorize appropriations for fiscal year 1981 for: (1) agriculture, rural development, and nutrition; (2) population planning and health programs (with a specified amount for population activities of the World Health Organization); (3) education and human resources development; (4) development of indigenous energy resources; (5) human rights promotions; (6) Sahel development program; (7) international organizations and programs; (8) reimbursable development programs; and (9) the Institute for Scientific and Technological Cooperation.

Declares that energy production from renewable decentralized sources and energy conservation are vital elements in the development process. Authorizes cooperative programs to include research and development of suitable energy technologies, analysis of energy uses, needs and resources, training and institutional development, and scientific interchange.

Revises the Congressional policy regarding the use of private and voluntary organizations and cooperatives in overseas development to urge simplified procedures for the approval of programs to be carried out by such organizations. Stipulates that prohibitions on assistance to countries shall not be construed to prohibit the continuation of assistance to such organizations. Directs the President to take into consideration whether such continued support is in the U.S. national interest and report to Congress regarding the reasons.

Decreases the amount due and payable during fiscal year 1981 to the United States from relatively least developed countries on development loans.

Permits expenses for orderly termination of programs to include funds to enable students abroad to complete their training.

Urges the President to use appropriated funds for fiscal year 1981 for bilateral development assistance in the eastern Caribbean countries. Directs the President to report to Congress on the implementation of such assistance.

Urges the President to provide assistance to Equatorial Guinea if conditions there warrant such assistance.

Authorizes the President to arrange for the assumption of loans to the Caribbean Development Bank by the member recipients.

Directs the Administrator of the Agency for International Development to encourage the ongoing work of private voluntary organizations to deal with world hunger problems abroad. Urges the Administrator to assist such organizations engaged in facilitating public discussion of hunger and related issues.

Expresses the sense of Congress that the President should: (1) reaffirm U.S. support of the goal to reduce postharvest losses of food in developing countries; and (2) increase funding to assist in such reduction.

=Title IV: Other Assistance Programs= - Amends the Foreign Assistance Act of 1961 to authorize appropriations for fiscal year 1981 for: (1) American schools and hospitals abroad; (2) international narcotics control (with specified amounts of Pakistani currencies and credits, as provided in appropriation Acts, available for assistance to Pakistan in addition to funds otherwise available); and (3) international disaster assistance.

Authorizes the use of funds appropriated for Colombia to stop the drug traffic for fixed-wing aircraft and other aviation services essential to the Colombian anti-narcotics enforcement program.

Authorizes the obligation of up to a specified amount of funds for international disaster assistance in advance of appropriations. Authorizes additional appropriations for the rehabilitation and resettlement needs of displaced persons and other victims of civil strife in Africa in ways not generally provided by existing refugee relief agencies. Amends the Department of State Authorization Act, Fiscal Years 1980 and 1981, to increase the authorization of appropriations for migration and refugee assistance for fiscal year 1981.

Amends the Agricultural Trade Development and Assistance Act of 1954 to authorize the President to transfer up to 15 percent of the funds available between titles of such Act.

Expresses the sense of Congress that the President should: (1) support relief operations in East Timor; (2) assist in reuniting families separated by recent developments in East Timor; and (3) encourage Indonesia to allow access to East Timor by international journalists.

=Title V: African Development Foundation= - African Development Foundation Act - Establishes the African Development Foundation to strengthen the bonds of friendship between the people of Africa and the United States and to assist in the development of Africa. Requires such Foundation to cooperate with indigenous organizations representative of Africa and other private, regional, and international organizations.

Authorizes such Foundation to make grants, loans, and loan guarantees (not to exceed $250,000 in total) to African entities for developmental purposes. Requires the Foundation to give priority to community self-help projects with the maximum feasible participation of the poor. Sets forth the corporate powers of such Foundation. Limits the number of employees. Sets forth conflict-of-interest provisions. Exempts such Foundation from Federal, State, or local taxation. Provides for the appointment of a Board of Directors to manage such Foundation. Requires the Board to consult with an advisory council composed of individuals knowledgeable about development activities in Africa.

Makes any spending authority effective only to the extent provided in advance in appropriation Acts. Earmarks a specified portion of the fiscal year 1981 authorization of appropriations for development assistance for this title.

Terminates such Foundation's authority to make grants, loans, and loan guarantees on September 30, 1985.

=Title VI: Peace Corps= - Amends the Peace Corps Act to authorize appropriations for fiscal year 1981 for the Peace Corps. Increases the maximum amount authorized to meet unforeseen emergencies.

Amends the Domestic Volunteer Service Act of 1973 to delete provisions providing for: (1) an Associate Director for International Operations within ACTION; (2) Peace Corps representatives on the National Voluntary Service Advisory Council; and (3) advice and review by such Council of the Peace Corps.

Requires the Director of the Peace Corps to develop and report to Congress concerning a plan for more effective utilization of returned Peace Corps volunteers.

=Title VII: Miscellaneous Provisions= - Amends the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 to prohibit assistance to countries causing the disappearance of persons by the abduction and clandestine detention of those persons.

Directs the Comptroller General to report on the audits of funds administered by international organizations to the President and Congress. Directs the President to seek the establishment of external, professionally qualified groups to evaluate and audit the programs and activities of the United Nations and its affiliated organizations (presently calls for a single professionally qualified group to evaluate). Provides for the auditing of the International Bank for Reconstruction and Development and the Asian Development Bank. Requires the Comptroller General to include an evaluation of such reports submitted to Congress and the President.

Requires the Secretary of State to submit the annual reports to Congress on U.S. contributions to international organizations within nine months after the fiscal year to which they relate. Directs the President to submit semiannual reports to Congress listing all voluntary U.S. contributions to international organizations.

Permits foreign assistance funds to be used to procure agricultural products outside the United States when the domestic price is less than parity if the commodity can not reasonably be procured in the United States in fulfillment of the objectives of a particular assistance program. Prohibits the use of foreign aid for procurement of construction or engineering services from advanced developing countries which are internationally competitive.

Replaces the Auditor General with an Inspector General. Makes such Inspector General responsible for security activities, as well as audit and investigative activities, of the agency administering development assistance and, to the extent requested, the U.S. International Development Cooperation Agency. Gives the Inspector General subpoena power. Sets forth additional duties of the Inspector General. Authorizes the Inspector General to investigate employee complaints concerning the U.S. International Development Cooperation Agency. Exempts the Administrator of foreign aid programs from overseas personnel ceilings established under the Monitoring Overseas Direct Employment policy with regard to staffing field offices for the Inspector General.

Directs the Chairman of the Development Coordination Committee to include in the annual report to Congress information concerning the dollar value and the percentage of the gross national product of assistance provided by member countries of the Organization for Economic Cooperation and Development or the Organization of Petroleum Exporting Countries.

Permits economic support funds to be used to pay shipping differentials resulting from the use of U.S.-flag vessels.

Authorizes appropriations for fiscal year 1981 for the operating expenses for administering the international development programs.

Expresses the sense of Congress concerning: (1) the effectiveness of the Interagency Group on Human Rights and Foreign Assistance; (2) the commitment to peace of the parties to the Arab-Israeli conflict; and (3) the responsibility of Jordan to act in good faith to achieve peace in the Middle East in order to receive foreign assistance under this Act.

Directs the President to report to Congress regarding the economic conditions prevailing in Egypt, Israel, Portugal, and Turkey which may affect their international debt obligations and economic stability.

Requires the President to report to Congress: (1) every 90 days for one year concerning the military capabilities and deployment of Soviet military personnel in Cuba; and (2) annually concerning Soviet military assistance to Cuban armed forces.

Urges the President to secure greater international cooperation with respect to the resettlement of the Cubans who have fled or are attempting to flee Cuba. Directs the President to channel, to the maximum extent feasible, U.S. economic assistance to countries which have demonstrated a willingness to provide assistance to Cuban and other refugees. Expresses the sense of Congress that the President should seek the discussion of such situation in an appropriate international forum.

Urges the Executive branch to deport those Cubans who are admitted criminals, are security threats, or have incited civil distrubances at processing facilities.

Directs the President to: (1) take into account a country's position with respect to the U.S. proposed boycott of the 1980 Summer Olympic games in Moscow in determining the levels of assistance to such country; and (2) encourage free elections in Uganda and to take into account whether such elections were held in considering assistance for Uganda.

Directs the President to report to specified congressional committees every 60 days concerning the internal situation, particularly implementation of the Declaration of Rights portion of the agreement signed at Lancaster House, London, England, if assistance is given to Zimbabwe.

Prohibits the use of authorized funds for the acquisition of any agricultural or banking enterprise in El Salvador.