II

Calendar No. 180

107TH CONGRESS

1ST SESSION S. 1465

To authorize the President to provide assistance to Pakistan and India

through September 30, 2003.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 25, 2001

Mr. BROWNBACK (for himself, Mr. MCCONNELL, Mr. JOHNSON, Mr. HELMS,

Mr. BIDEN, Mr. HAGEL, Mr. FRIST, Mr. WELLSTONE, Mr. TORRICELLI,

Mr. ROCKEFELLER, Mr. ALLEN, Mr. HARKIN, and Mr. KYL) introduced

the following bill; which was read twice and referred to the Committee

on Foreign Relations

OCTOBER 4, 2001

Reported by Mr. BIDEN, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To authorize the President to provide assistance to Pakistan

and India through September 30, 2003.

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

3 SECTION 1. LIMITED AUTHORITY TO PROVIDE ASSISTANCE

4 TO PAKISTAN AND INDIA.

5 (a) AUTHORITY.—
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1 (1) IN GENERAL.—Notwithstanding any other

2 provision of law, the President is authorized, for

3 Pakistan and India, to provide assistance, enter into

4 contracts, take actions in international financial in5 stitutions, sell, lease, or authorize the export of de6 fense articles or defense services, authorize the ex7 port of dual-use items, or extend other financial as8 sistance, under the Foreign Assistance Act of 1961,

9 the Arms Export Control Act, the Export-Import

10 Bank Act of 1945, or any other provision of law, if

11 the President determines that it is in the national

12 interest of the United States and important to

13 United States efforts to respond to, deter, or prevent

14 acts of international terrorism.

15 (2) CONGRESSIONAL NOTIFICATION RE16 QUIRED.—The authority of this section may be exer17 cised only after notification to the appropriate com18 mittees of Congress.

19 (b) STATUTORY CONSTRUCTION.—Nothing in this

20 section shall be construed to authorize the President to

21 provide for nuclear cooperation with India or Pakistan.

22 (c) PERIOD FOR EXERCISE OF AUTHORITY.—The au23 thority of this paragraph may be exercised through Sep24 tember 30, 2003.
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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 provi8 sion of such Act for a prior fiscal year, that prohibits

9 direct assistance to a country whose duly elected head

10 of government was deposed by decree or military coup

11 shall not apply with respect to Pakistan.

12 (2) PRIOR CONSULTATION REQUIRED.—Not less

13 than 5 days prior to the obligation of funds for Paki14 stan under paragraph (1), the President shall consult

15 with the appropriate congressional committees with

16 respect to such obligation.

17 (b) FISCAL YEAR 2003.—

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

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

20 foreign operations, export financing, and related pro21 grams appropriations Act for fiscal year 2003 that

22 prohibits direct assistance to a country whose duly

23 elected head of government was deposed by decree or

24 military coup, if the President determines and cer25 tifies to the appropriate congressional committees that

26 such waiver—
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1 (A) would facilitate the transition to demo2 cratic rule in Pakistan; and

3 (B) is important to United States efforts to

4 respond to, deter, or prevent acts of international

5 terrorism.

6 (2) PRIOR CONSULTATION REQUIRED.—Not less

7 than 5 days prior to the exercise of the waiver author8 ity under paragraph (1), the President shall consult

9 with the appropriate congressional committees with

10 respect to such waiver.

11 SEC. 2. INCREASED FLEXIBILITY IN THE EXERCISE OF

12 WAIVER AUTHORITY OF MTCR AND EXPORT

13 ADMINISTRATION ACT SANCTIONS WITH RE14 SPECT TO PAKISTAN.

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

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

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

18 2410b(b)(5)) (or successor statute), with respect to a sanc19 tion that was imposed on foreign persons in Pakistan prior

20 to January 1, 2001, may be exercised—

21 (1) only after consultation with the appropriate

22 congressional committees; and

23 (2) without regard to the notification periods set

24 forth in the respective section authorizing the waiver.
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1 SEC. 3. EXEMPTION OF PAKISTAN FROM FOREIGN ASSIST2 ANCE PROHIBITIONS RELATING TO FOREIGN

3 COUNTRY LOAN DEFAULTS.

4 The following provisions of law shall not apply with

5 respect to Pakistan:

6 (1) Section 620(q) of the Foreign Assistance Act

7 of 1961 (22 U.S.C. 2370(q)).

8 (2) Such provision of the Foreign Operations,

9 Export Financing, and Related Programs Appropria10 tions Act, 2002, as is comparable to section 512 of the

11 Foreign Operations, Export Financing, and Related

12 Programs Appropriations Act, 2001 (Public Law

13 106–429; 114 Stat. 1900A–25).

14 SEC. 4. MODIFICATION OF NOTIFICATION DEADLINES FOR

15 DRAWDOWNS AND TRANSFER OF EXCESS DE16 FENSE ARTICLES TO RESPOND TO, DETER, OR

17 PREVENT ACTS OF INTERNATIONAL TER18 RORISM.

19 (a) DRAWDOWNS.—Notwithstanding the second sen20 tence of section 506(b)(1) of the Foreign Assistance Act of

21 1961 (22 U.S.C. 2318(b)(1)), each notification under that

22 section with respect to any drawdown authorized by sub23 clause (III) of subsection (a)(2)(A)(i) that the President de24 termines is important to United States efforts to respond

25 to, deter, or prevent acts of international terrorism shall
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1 be made at least 5 days in advance of the drawdown in

2 lieu of the 15-day requirement in that section.

3 (b) TRANSFERS OF EXCESS DEFENSE ARTICLES.—

4 Notwithstanding section 516(f)(1) of the Foreign Assistance

5 Act of 1961 (22 U.S.C. 2321j(f)(1)), each notification under

6 that section with respect to any transfer of an excess defense

7 article that the President determines is important to United

8 States efforts to respond to, deter, or prevent acts of inter9 national terrorism shall be made at least 15 days in ad10 vance of the transfer in lieu of the 30-day requirement in

11 that section.

12 SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DE13 FINED.

14 In this Act, the term ‘‘appropriate congressional com15 mittees’’ means the Committee on Foreign Relations and

16 the Committee on Appropriations of the Senate and the

17 Committee on International Relations and the Committee

18 on Appropriations of the House of Representatives.

19 SEC. 6. TERMINATION DATE.

20 Except as otherwise provided in section 1 or 3, the pro21 visions of this Act shall terminate on October 1, 2003.

Amend the title so as to read: ‘‘A bill to authorize

the President to exercise waivers of foreign assistance restrictions with respect to Pakistan through September

30, 2003, and for other purposes.’’.

Calendar No. 180

107TH CONGRESS

1ST SESSION S. 1465

A BILL

To authorize the President to provide assistance to

Pakistan and India through September 30, 2003.

OCTOBER 4, 2001

Reported with an amendment and an amendment to the

title