107TH CONGRESS

1ST SESSION S. 1465

AN ACT

To authorize the President to exercise waivers of foreign

assistance restrictions with respect to Pakistan through

September 30, 2003, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
 †

2

S 1465 ES

1 SECTION. 1. EXEMPTIONS AND WAIVER OF APPROPRIA2 TIONS ACT PROHIBITIONS WITH RESPECT TO

3 PAKISTAN.

4 (a) FISCAL YEAR 2002 AND PRIOR FISCAL YEARS.—

5 (1) EXEMPTIONS.—Any provision of the foreign

6 operations, export financing, and related programs

7 appropriations Act for fiscal year 2002, or any pro8 vision of such Act for a prior fiscal year, that pro9 hibits direct assistance to a country whose duly

10 elected head of government was deposed by decree or

11 military coup shall not apply with respect to Paki12 stan.

13 (2) PRIOR CONSULTATION REQUIRED.—Not

14 less than 5 days prior to the obligation of funds for

15 Pakistan under paragraph (1), the President shall

16 consult with the appropriate congressional commit17 tees with respect to such obligation.

18 (b) FISCAL YEAR 2003.—

19 (1) WAIVER.—The President is authorized to

20 waive, with respect to Pakistan, any provision of the

21 foreign operations, export financing, and related pro22 grams appropriations Act for fiscal year 2003 that

23 prohibits direct assistance to a country whose duly

24 elected head of government was deposed by decree or

25 military coup, if the President determines and cer-
†

3

S 1465 ES

1 tifies to the appropriate congressional committees

2 that such waiver—

3 (A) would facilitate the transition to demo4 cratic rule in Pakistan; and

5 (B) is important to United States efforts

6 to respond to, deter, or prevent acts of inter7 national terrorism.

8 (2) PRIOR CONSULTATION REQUIRED.—Not

9 less than 5 days prior to the exercise of the waiver

10 authority under paragraph (1), the President shall

11 consult with the appropriate congressional commit12 tees with respect to such waiver.

13 SEC. 2. INCREASED FLEXIBILITY IN THE EXERCISE OF

14 WAIVER AUTHORITY OF MTCR AND EXPORT

15 ADMINISTRATION ACT SANCTIONS WITH RE16 SPECT TO PAKISTAN.

17 Any waiver under 73(e) of the Arms Export Control

18 Act (22 U.S.C. 2797b(e)), or under section 11B(b)(5) of

19 the Export Administration Act of 1979 (50 U.S.C. App.

20 2410b(b)(5)) (or successor statute), with respect to a

21 sanction that was imposed on foreign persons in Pakistan

22 prior to January 1, 2001, may be exercised—

23 (1) only after consultation with the appropriate

24 congressional committees; and
†

4

S 1465 ES

1 (2) without regard to the notification periods

2 set forth in the respective section authorizing the

3 waiver.

4 SEC. 3. EXEMPTION OF PAKISTAN FROM FOREIGN ASSIST5 ANCE PROHIBITIONS RELATING TO FOREIGN

6 COUNTRY LOAN DEFAULTS.

7 The following provisions of law shall not apply with

8 respect to Pakistan:

9 (1) Section 620(q) of the Foreign Assistance

10 Act of 1961 (22 U.S.C. 2370(q)).

11 (2) Such provision of the Foreign Operations,

12 Export Financing, and Related Programs Appro13 priations Act, 2002, as is comparable to section 512

14 of the Foreign Operations, Export Financing, and

15 Related Programs Appropriations Act, 2001 (Public

16 Law 106–429; 114 Stat. 1900A–25).

17 SEC. 4. MODIFICATION OF NOTIFICATION DEADLINES FOR

18 DRAWDOWNS AND TRANSFER OF EXCESS DE19 FENSE ARTICLES TO RESPOND TO, DETER,

20 OR PREVENT ACTS OF INTERNATIONAL TER21 RORISM.

22 (a) DRAWDOWNS.—Notwithstanding the second sen23 tence of section 506(b)(1) of the Foreign Assistance Act

24 of 1961 (22 U.S.C. 2318(b)(1)), each notification under

25 that section with respect to any drawdown authorized by
†

5

S 1465 ES

1 subclause (III) of subsection (a)(2)(A)(i) that the Presi2 dent determines is important to United States efforts to

3 respond to, deter, or prevent acts of international ter4 rorism shall be made at least 5 days in advance of the

5 drawdown in lieu of the 15-day requirement in that sec6 tion.

7 (b) TRANSFERS OF EXCESS DEFENSE ARTICLES.—

8 Notwithstanding section 516(f)(1) of the Foreign Assist9 ance Act of 1961 (22 U.S.C. 2321j(f)(1)), each notifica10 tion under that section with respect to any transfer of an

11 excess defense article that the President determines is im12 portant to United States efforts to respond to, deter, or

13 prevent acts of international terrorism shall be made at

14 least 15 days in advance of the transfer in lieu of the 30-

15 day requirement in that section.

16 SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DE17 FINED.

18 In this Act, the term ‘‘appropriate congressional com19 mittees’’ means the Committee on Foreign Relations and

20 the Committee on Appropriations of the Senate and the

21 Committee on International Relations and the Committee

22 on Appropriations of the House of Representatives.
†

6

S 1465 ES

1 SEC. 6. TERMINATION DATE.

2 Except as otherwise provided in section 1 or 3, the

3 provisions of this Act shall terminate on October 1, 2003.

Passed the Senate October 4, 2001.

Attest:

Secretary.
107TH CONGRESS

1ST SESSION S. 1465

AN ACT

To authorize the President to exercise waivers of

foreign assistance restrictions with respect toPakistan through September 30, 2003, and forother purposes.