International Security and Development Cooperation Act of 1981

Summary

International Security and Development Cooperation Act of 1981 - Title I: Military Sales and Related Programs - Amends the Arms Export Control Act to set a trigger price for transfers of defense equipment, articles, and services for which the President would be required to submit a certification to Congress before consenting to such transfer. Prohibits the President from consenting to transfers of defense equipment, articles, or services whose value exceeds such trigger price until a specified time after the certification has been submitted to Congress. Sets the same trigger price for requiring a certification by the President with respect to letters of offer to sell and applications for export licenses. Amends the International Security and Development Cooperation Act of 1980 to set the same trigger price for requiring a certification by the President with respect to leasing defense property. Amends the Arms Export Control Act to make the President's consent to a transfer or sale of defense equipment, articles, and service to NATO, any NATO member, Japan, Australia, or New Zealand effective 15 days after submission of certification unless Congress adopts a concurrent resolution disapproving such transfer. Makes such consent effective immediately if an emergency exists. Provides for expedited consideration of such concurrent resolution. Requires the President to report to Congress within 48 hours of the existence of, or a change in status of, certain hostilities or terrorist acts (currently after the outbreak of significant hostilities) involving a country in which U.S. personnel are performing certain defense services. Requires such report to include: (1) the country's identity; (2) a description of such hostilities or terrorist acts; and (3) the number of U.S. armed forces and civilians who may be endangered (currently the report must also include their location, the nature of their activities, and the likelihood of their becoming endangered). Authorizes the President to reduce or waive charges for certain nonrecurring research and development 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 or would advance foreign procurement in the United States. Authorizes appropriations for the military sales credit and guarantee program for fiscal year 1982. Sets the ceiling for fiscal year 1982 on: (1) foreign military sales credits; and (2) foreign military sales loan guarantees. Releases borrowers of such credits from their liability to repay the U.S. government. Allots a specified amount of such credits and loan guarantees for Israel. Deletes the provision which allotted a specified amount for relocating Israeli forces from the Sinai. Obligates foreign military sales credit and guarantee funds for fiscal year 1982 to finance procurement of defense articles and services by Israel. Provides repayment terms for loans to specified countries under the foreign military sales loan guarantee program. Repeals the provision which exempts from the export license requirement the sale of certain defense equipment to specified military allies. Repeals the provision which requires timely reporting to the Secretary of State of contributions paid by any person in connection with sales of defense articles or services. Authorizes the President to restrict such contributions. Includes extraordinary expenses in charges for administrative expenses for foreign military sales. Authorizes the Secretary of Defense to establish a Special Defense Acquisition Fund and to acquire with such Fund 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. Sets forth the sources of the Fund's moneys. Limits the size of the Fund. Directs the President to estimate annually for Congress the likely procurements to be made through the Fund. Prohibits the transfer of any defense articles or services acquired by such Fund to any foreign country or international organization unless authorized by such Act or the Foreign Assistance Act of 1961. 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. 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 notification to Congress before entering into or renewing such a lease or loan. Authorizes the waiver of such notification if the President reports to Congress that an emergency exists. Prohibits any lease or loan of defense equipment of articles valued at or above specified amounts if Congress objects to the proposed lease on 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 include in the quarterly report to Congress on military exports a listing of all property valued at $1,000,000 or more which was leased to a foreign government for more than six months. Amends the Foreign Assistance Act of 1961 to authorize appropriations for fiscal year 1982 for military assistance. Increases the aggregate value of defense material which the President can order for military assistance in an unforeseen emergency. Sets the limitation on additions to stockpiles of defense articles for foreign countries for fiscal year 1982. 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 foreign countries to perform necessary management and other functions related to international security assistance programs. Limits the number of such personnel assigned in each foreign country to the number justified to Congress unless specified Congressional committees are notified. Retains the provision making the Chief of the U.S. Diplomatic Mission in each foreign country responsible for supervising such military personnel. Exempts from numerical limitations military personnel performing certain services under the Arms Export Control Act. 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. Specifies the funds which will be charged with the costs of overseas management of international security assistance programs. Retains the provision which restricts encouragement by U.S. diplomatic and military personnel of military equipment purchases by foreign countries. Authorizes appropriations for fiscal year 1982 for international military education and training and for peacekeeping operations. Title II: Economic Support Fund and Other Programs - Authorizes appropriations for fiscal year 1982 for the Economic Support Fund. Allots a minimum amount of the authorized economic support funds for such year for Israel and Egypt on a grant basis. Authorizes making such funds available to Israel as a cash transfer. Allots a specified amount of fiscal year 1982 economic support funds for: (1) Turkey; (2) Cyprus; (3) emergency use to promote economic or political stability; (4) Tunisia; and (5) Pakistan. Prohibits making any such funds available to Syria. Repeals the provision relating to Central American economic support. Title III: Development Assistance - Amends the Foreign Assistance Act of 1961 to authorize appropriations for fiscal year 1982 for: (1) agricultural development programs; (2) participation in the International Fund for Agricultural Development; (3) voluntary population planning; (4) health programs; (5) education and human resources development, earmarking a specified amount for scholarships for disadvantaged South African students; (6) development of indigenous energy resources (7) scientific and technological cooperation programs; and (8) promotion of human rights. Expresses the sense of the Congress that the President, in order to further the purposes of participation in the International Fund for Agricultural Development, should: (1) instruct U.S. representatives to seek to limit the number of the Fund's professional staff; (2) instruct U.S. representatives to seek equity among contributors to the Fund; (3) encourage development of procedures to expedite Fund disbursements for projects; and (4) seek to assure that the U.S. contribution is disbursed in a manner related to the Fund's actual rate of disbursal. Prohibits using population planning and health program funds to pay for research related to use of abortions or involuntary sterilization as a means of family planning. Earmarks a specified amount of such funds for private voluntary organizations for carrying out public health activities. Authorizes the President to furnish aid for: (1) disaster preparedness programs; and (2) scientific and technological cooperation programs. Sets a minimum amount of international development appropriations for fiscal year 1982 to be spent on international programs which support the original goals of the U.N. Decade for Women. Directs the President to consider Congressional concerns about the loss of tropical forests in developing countries 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 year 1982 for implementation of the Sahel development program. Sets a minimum amount of funds authorized for specified international development programs which must be made available to private voluntary organizations. Authorizes U.S. participation in the International Food Policy Research Institute. Authorizes appropriations for fiscal year 1982 for: (1) international organizations and programs and (2) trade and development programs. Extends authorization for worldwide housing guarantees until September 30, 1983. Establishes a revolving fund in the U.S. Treasury as the depository fund for all income derived from such guarantees. Title IV: Other Assistance Programs - Authorizes appropriations for fiscal year 1982 for: (1) American schools and hospitals abroad; (2) international disaster assistance; and (3) international narcotics control. Deletes the prohibition against the use of international narcotics control funds to pay for herbicide spraying to eradicate marihuana. Directs the Secretary of State to inform the Secretary of Health and Human Services if herbicide is going to be used on marihuana. Directs the Secretary of Health and Human Services to monitor the impact on marihuana users of such herbicide spraying and to report to Congress if such users are exposed to harmful amounts of herbicide. Earmarks a specified amount of such funds to develop a substance which warns users that marihuana has been sprayed with paraquat. Requires such a substance, if developed, to be used with the herbicide paraquat. Title V: Overseas Private Investment Corporation - Increases the maximum per capita income which qualifies a less developed country for preferential consideration by the Overseas Private Investment Corporation (OPIC). Increases the minimum per capita income level in a country at which OPIC must restrict its activities. Directs OPIC to support developmental projects having trade benefits for the United States. Directs OPIC to refuse to insure, reinsure, or finance any investment subject to conditions which would tend to reduce significantly the positive trade benefits to the United States. Increases the number of members of OPIC's Board of Directors. Authorizes OPIC to insure approved projects against the risks of civil strife. Limits OPIC's share of insurance liability for multilateral investments to the proportionate participation of eligible investors in the projects. Directs OPIC to report to the appropriate Congressional committees before issuing civil strife insurance for the first time and before issuing insurance in which the risk to be insured is significantly enlarged. Limits the amount of investment insurance and guaranties issued to a single investor to a certain percentage of the maximum contingent liability of such insurance and guaranties which OPIC is permitted to have outstanding. Deletes the prohibition against OPIC entering certain direct insurance underwriting agreements with other insurance companies. Deletes the limitation on the amount of OPIC's annual reinsurance liabilities. Extends the authority of OPIC to issue investment insurance and guaranties until September, 1985. Authorizes loans from the Direct Investment Fund to the extent amounts are appropriated. Authorizes computation of a claim of loss under equity investment insurance on the basis of net book value attributable to such equity investment on the date of loss. Abolishes the provision which permits a State to prohibit OPIC from requiring an investor to be insured for ten percent of an investment otherwise insured by OPIC. Authorizes OPIC to collect or compromise any obligations assigned to or held by it. Authorizes the Inspector General (formerly the Auditor-General) of the Agency for International Development to review, investigate, and inspect OPIC's activities. Abolishes: (1) OPIC's Advisory Council; (2) certain limitations on OPIC's financial support for new or expanded copper exploration or extraction projects; and (3) the prohibitions on OPIC financial support for projects involving production or processing of palm oil, sugar, or citrus crops for export. Title VI: Peace Corps - Peace Corps Autonomy Act - Makes the Peace Corps an independent agency within the Executive branch. 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. Prohibits the transfer of personnel from causing a loss of employee benefits for such personnel for a specified period of time. Requires transferred personnel to be assigned to functions and units related to their assignments before enactment. Requires collective bargaining agreements covering Peace Corps personnel or transferred personnel to continue to be recognized by the Peace Corps. Requires each person employed primarily in connection with any function relating to the Peace Corps who does not hold a Foreign Service appointment to be appointed a member of the Foreign Service, except that: (1) for three years no person currently holding a career or career-conditional appointment shall be appointed a member of the Foreign Service without such person's consent; and (2) each transferred person who held an appointment below a specified grade level shall be appointed a member of the Foreign Service for the duration of operations under the Peace Corps Act (thus, not subject to such Act's five-year appointment limitation). Authorizes the President to delegate the authority to carry out the Peace Corps Act only to the Director of the Peace Corps. Amends such Act to delete certain provisions relating to readjustment allowance payments to Peace Corps volunteers. 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 the Peace Corps for fiscal year 1982. Requires the Peace Corps to give particular attention to programs which tend to integrate disabled people into developing countries' national economies. Removes present malpractice protection for Peace Corps volunteers. Applies the malpractice protection currently covering State Department personnel to Peace Corps volunteers and personnel. 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 authorize appropriations for operating expenses of international development programs for fiscal year 1982. Makes permanent the exemption from limitations on U.S. assistance for construction of production enterprises in Egypt. Authorizes compensation rates for non-Foreign Service personnel assigned outside the United States. Entitles U.S. special mission deputies to compensation. Sets forth the material which must be contained in a notification to Congress of changes in foreign assistance programs. Transfers the functions of the Director of the U.S. International Development Cooperation Agency (IDCA) to specified agencies and officials. Transfers the personnel, property, and funds of IDCA to AID. Provides for the continuation of suits commenced before such transfer. Amends the International Security and Development Cooperation Act of 1980 to transfer from the Director of IDCA to the Administrator of the agency primarily responsible for international development the responsibility to encourage private and voluntary organizations to deal with world hunger problems. 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 the Chairman of the Senate Foreign Relations Committee that El Salvador's Government: (1) is making progress in controlling violations of internationally recognized human rights; (2) is moving to achieve 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 or if such certification is made but does not take effect, 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. Repeals the prohibition against the granting of certain military and economic assistance to or for Argentina. Authorizes such aid if the President submits to Congress a report certifying that: (1) Argentina has made significant progress in complying with internationally recognized principles of human rights; and (2) the provision of such assistance is in the U.S. national interest. Sets forth matters to be considered in determining whether significant progress is being made in complying with human rights principles. Amends the International Security and Development Cooperation Act of 1980 to repeal the prohibition against aid to military or paramilitary operations in Angola. Requires the President to submit to the appropriate Congressional committees a report including specified information before furnishing assistance to such operations in Angola. Amends the Arms Export Control Act to consolidate reports required under such Act within the President's annual estimate and justification for arms sales. Amends the Foreign Assistance Act of 1961 to consolidate within the President's annual report to Congress on foreign assistance of various reports which are currently required. Repeals specified provisions of the following Acts: (1) Foreign Assistance Act of 1961 (including prohibitions against foreign assistance to Communist dominated or controlled countries and against assistance to countries preparing for aggressive military efforts); (2) International Development Cooperation Act of 1980 (including restriction on aid to El Salvador); (3) International Development Cooperation Act of 1979; (4) Special International Security Assistance Act of 1979; (5) International Development and Food Assistance Acts of 1975, 1977, and 1978; (6) Foreign Assistance Acts of 1973 and 1974; (7) Arms Export Control Act; (8) International Security Assistance Acts of 1977, 1978, and 1979; (9) International Security Assistance and Arms Export Control Act of 1976; and (10) Foreign Military Sales Act Amendments. Authorizes the President to waive for Pakistan the prohibition against aiding countries that receive or transfer nuclear enrichment materials. Directs the President to report to Congress on proposed aid to Pakistan. States that the President should not use a specified waiver permitting the provision of assistance to a country which transfers nuclear reprocessing materials if such country detonates a nuclear device. Expresses the sense of the Congress that the United States should continue its efforts to: (1) end the strife in Lebanon and urge others to exert their influence to end Lebanon's turmoil; and (2) strengthen the authority and ability of the Lebanese Central Government.

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5 official files

• Public Law (PDF)

  Public Law · EN · 30 December 1981

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• Conference report filed in House

  summary · EN · 15 December 1981

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• Passed House amended

  summary · EN · 9 December 1981

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• Passed Senate amended

  summary · EN · 22 October 1981

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• Introduced in Senate

  summary · EN · 15 May 1981

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