I

103D CONGRESS

1ST SESSION H. R. 3690

To require that development assistance may be provided to certain governmental or nongovernmental organizations only if those organizations use

that assistance in democratic countries, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 22, 1993

Mr. SANTORUM introduced the following bill; which was referred to the

Committee on Foreign Affairs

A BILL

To require that development assistance may be provided to

certain governmental or nongovernmental organizations

only if those organizations use that assistance in democratic countries, 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,

3 SECTION 1. REQUIREMENTS FOR PROVISION OF DEVELOP4 MENT ASSISTANCE.

5 (a) IN GENERAL.—Except as provided in subsection

6 (b), development assistance may be provided to a govern7 mental or nongovernmental organization only if that orga8 nization—
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1 (1) provides assurances that it will use such de2 velopment assistance to provide assistance only to

3 individuals or organizations that are located in coun4 tries, the governments of which—

5 (A) promote a political process open to

6 members of society with free and fair elections;

7 (B) adhere to the rule of law and fairness

8 of the judicial process;

9 (C) respect individual rights, including

10 freedom of association, assembly, press, and re11 ligion; and

12 (D) do not engage in a consistent pattern

13 of gross violations of internationally recognized

14 human rights;

15 (2) has, at a minimum, an adequate system of

16 financial auditing and accounting procedures appli17 cable to the provision of such assistance; and

18 (3) provides assurances that not more than 10

19 percent of the amount of development assistance al20 located for any program, project, or activity will be

21 used by a recipient for administrative costs associ22 ated with such program, project, or activity.

23 (b) WAIVER.—The President may waive the require24 ments in subparagraphs (A) through (D) of subsection

25 (a)(1) with respect to a government only if the President
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1 certifies to the Congress that such government is making

2 substantial progress toward meeting such requirements.

3 (c) TERMINATION OF ASSISTANCE UPON DETER4 MINATION OF MISUSE OF FUNDS.—Upon a determination

5 by the inspector general of the agency primarily respon6 sible for administering part I of the Foreign Assistance

7 Act of 1961 that an organization receiving development

8 assistance under subsection (a) has used funds in a man9 ner inconsistent with the purpose of any program, project,

10 or activity for which such funds were provided, then devel11 opment assistance may not be provided to such organiza12 tion for the 5-year period beginning on the date of such

13 determination.

14 (d) DEVELOPMENT ASSISTANCE DEFINED.—For

15 purposes of this section, the term ‘‘development assist16 ance’’ means—

17 (1) assistance under chapter 1 or chapter 10 of

18 part I of the Foreign Assistance Act of 1961 (relat19 ing to development assistance and the Development

20 Fund for Africa);

21 (2) assistance under chapter 11 of part I of the

22 Foreign Assistance Act of 1961 (relating to assist23 ance for the independent states of the former Soviet

24 Union);
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1 (3) assistance under chapter 4 of part II of

2 that Act (relating to the economic support fund);

3 (4) assistance under the Support for East Eu4 ropean Democracy (SEED) Act of 1989; or

5 (5) assistance under the Agricultural Trade De6 velopment and Assistance Act of 1954 (Public Law

7 480), excluding the sale of agricultural commodities

8 under title I of that Act.

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