254
(21) ASSISTANCE
ADMINISTERED
THROUGH
THE DEPARTMENT OF DEFENSE.—The term ‘‘assist-
ance administered through the Department of De-
fense’’ means—
(A) the financing (including the guarantee
of financing) of sales of defense articles (includ-
ing excess defense articles) and defense services
(including education and training) made or li-
censed pursuant to sections 21, 22, 29, and 38
of the Arms Export Control Act and the lease
of defense articles made pursuant to chapter 6
of that Act;
(B) the provision of education or training
through the Department of Defense under this
Act;
(C) the provision of excess defense articles
through the Department of Defense under sec-
tion 8405 of this Act; or
(D) the provision of assistance through the
Department of Defense under sections 3103,
3204, 7111 and 7115(b) of this Act.
SEC. 8552. ACTIVITIES UNDER OTHER LAWS NOT AF-
FECTED.
Unless expressly provided to the contrary, provisions
of this Act and other provisions of law applicable to for-
255
eign assistance shall not be construed to prohibit (or, with
respect to the Export-Import Bank of the United States,
apply to) activities authorized by or conducted under the
Peace Corps Act, the United States Information and Edu-
cational Exchange Act of 1948, the Mutual Educational
and Cultural Exchange Act of 1961, the Export-Import
Bank Act of 1945, the Agricultural Act of 1949, the Agri-
cultural Trade Development and Assistance Act of 1954,
the Food for Progress Act of 1985, the Inter-American
Foundation Act, the African Development Foundation
Act, commercial export promotion activities of the Depart-
ment of Agriculture (including the Commodity Credit Cor-
poration), or to programs for which funds are made avail-
able outside Budget Function 150.
TITLE IX—TECHNICAL AND CONFORMING
PROVISIONS
SEC. 9101. EFFECTIVE DATE.
Except as otherwise provided in this Act, the provi-
sions of this Act shall take effect on October 1, 1994.
SEC. 9102. SAVINGS PROVISIONS.
(a) IN GENERAL.—(1) Except as may be expressly
provided to the contrary in this Act, all determinations,
authorizations, regulations, orders, contracts, agreements,
and other actions issued, undertaken, or entered into
under authority of any provision of law repealed by this
256
Act shall continue in full force and effect until modified
by appropriate authority.
(2) Wherever provisions of this Act establish condi-
tions which must be complied with before use may be
made of authority contained in, or funds made available
to carry out the provisions of, this Act, compliance with,
or satisfaction of, substantially similar conditions under
provisions repealed by this Act shall be deemed to con-
stitute compliance with the conditions established by this
Act.
(3) Funds made available pursuant to provisions of
law repealed by this Act shall, unless otherwise authorized
or provided by law, remain available for their original pur-
poses in accordance with the provisions of law originally
applicable thereto, or in accordance with the provisions of
law currently applicable to those purposes.
(4) References in law to provisions repealed by this
Act may hereafter be deemed to be references to cor-
responding provisions of this Act, on a case-by-case basis
as may be appropriate.
(b) CERTAIN PRESIDENTIAL APPOINTEES.—The re-
peal by this Act of any provision of the Foreign Assistance
Act of 1961 providing for the appointment of an individual
to a position by the President, by and with the advice and
consent of the Senate, and the reenactment by this Act
257
of that provision in substantively identical form does not
require the reappointment of the individual holding that
position on the effective date specified in section 9101.
(c) SECTION 124(c) AUTHORITY.—Section 124(c) of
the Foreign Assistance Act of 1961, as in effect before
the effective date specified in section 9101 of this Act,
shall be deemed to remain in effect on and after that date.
For purposes of this section, references in section 124(c)
to sections 101 and 102 of the Foreign Assistance Act
of 1961 shall be deemed to be references to sections 1101
and 1102 of this Act, respectively.
(d) GUARANTEES AND LOANS UNDER FORMER AU-
THORITY.—Guarantees committed or outstanding under
the former authorities of sections 108, 222, and 222A of
the Foreign Assistance Act of 1961, as in effect before
the effective date specified in section 9101 of this Act,
loans obligated under section 108 on or before such date,
the fees and interest collected in connection with such
guarantees and loans, and income on claims receivable
with respect to such guarantees and loans, shall continue
to be subject to provisions of such Act originally applicable
to those guarantees and loans and the Federal Credit Re-
form Act of 1990.
SEC. 9103. MISCELLANEOUS PROVISIONS.
(a) FEDERAL ACT OF STATE DOCTRINE.—
258
(1) IN GENERAL.—Notwithstanding any other
provision of law, no court in the United States shall
decline on the ground of the federal act of state doc-
trine to make a determination on the merits giving
effect to the principles of international law in a case
in which claim of title or other right to property is
asserted by any party, including a foreign state (or
a party claiming through such state), based upon (or
traced through) a confiscation or other taking after
January 1, 1959, by an act of that state in violation
of the principles of international law, including the
principles of compensation and the other standards
set out in section 620(e)(1) of the Foreign Assist-
ance Act of 1961 as in effect before the effective
date of this section.
(2) EXCEPTIONS.—This subsection shall not be
applicable—
(A) in any case in which an act of a for-
eign state is not contrary to international law
or with respect to a claim of title or other right
to property acquired pursuant to an irrevocable
letter of credit of not more than 180 days dura-
tion issued in good faith prior to the time of the
confiscation or other taking; or
259
(B) in any case with respect to which the
President determines that application of the act
of state doctrine is required in that particular
case by the foreign policy interests of the Unit-
ed States and a suggestion to this effect is filed
on his behalf in that case with the court.
(b) ACCOUNTING AND VALUATION OF FOREIGN CUR-
RENCIES.—
(1) Under the direction of the President, the
Secretary of the Treasury shall have responsibility
for valuation and central accounting with respect to
foreign credits (including currencies) owed to or
owned by the United States. In order to carry out
such responsibility, the Secretary shall issue regula-
tions binding upon all agencies of the United States
Government.
(2) The Secretary of the Treasury shall have
sole authority to establish for all foreign currencies
or credits the exchange rates at which such cur-
rencies are to be reported by all agencies of the Gov-
ernment.
(c) VALUATION OF EXPROPRIATED PROPERTY.—
(1) VALUATION.—If the President requests
such an evaluation, the Foreign Claims Settlement
Commission is authorized to evaluate the value of
260
the property which is the subject of an action de-
scribed in section 7201(a)(3) of this Act and render
an advisory report with respect to the value of such
property to the President.
(2) DEFINITION OF UNITED STATES PERSON.—
For purposes of section (a)(3), the term ‘United
States person’ means a United States citizen or a
corporation, partnership, or association at least 50
percent beneficially owned by United States citizens.
(d) PARTICIPATION IN FOREIGN POLICE ACTIONS.—
(1) PROHIBITION ON EFFECTING AN ARREST.—
No officer or employee of the United States may di-
rectly effect an arrest in any foreign country as part
of any foreign police action with respect to narcotics
control efforts, notwithstanding any other provision
of law.
(2) EXCEPTIONS.—Paragraph (1) does not pro-
hibit an officer or employee of the United States—
(A) with the approval of the United States
chief of mission, from being present when for-
eign officers are effecting an arrest or from as-
sisting foreign officers who are effecting an
arrest.
(B) from taking direct action to protect
life or safety if exigent circumstances arise
261
which are unanticipated and which pose an im-
mediate threat to United States officers or em-
ployees, officers or employees of a foreign gov-
ernment, or members of the public.
(3) MARITIME LAW ENFORCEMENT.—With the
agreement of a foreign country, paragraph (1) does
not apply with respect to maritime law enforcement
operations in the territorial sea of that country.
(4) INTERROGATIONS.—No officer or employee
of the United States may interrogate or be present
during the interrogation of any United States person
arrested in any foreign country with respect to nar-
cotics control efforts without the written consent of
such person.
(5) EXCEPTION FOR STATUS OF FORCES AR-
RANGEMENTS.—This section does not apply to the
activities of the United States Armed Forces in car-
rying out their responsibilities under applicable Sta-
tus of Forces arrangements.
(6) DEFINITION.—For purposes of this sub-
section, the term ‘‘legal and law enforcement meas-
ures’’ means—
(A) the enactment and implementation of
laws and regulations or the implementation of
existing laws and regulations to provide for the
262
progressive control, reduction, and gradual
elimination of the illicit cultivation, production,
processing, transportation, and distribution of
narcotic drugs and other controlled substances;
and
(B) the effective organization, staffing,
equipping, funding, and activation of those gov-
ernmental authorities responsible for narcotics
control.
SEC. 9104. CONFORMING AND OTHER AMENDMENTS.
(a) TITLE 5, UNITED STATES CODE.—Subchapter II
of chapter 53 of title 5, United States Code, is amended—
(1) in section 5314, by striking out ‘‘Director,
Institute for Scientific and Technological Coopera-
tion.’’;
(2) in section 5315, by striking out ‘‘Deputy
Director, Institute for Scientific and Technological
Cooperation.’’; and
(3) in section 5316, by striking out ‘‘Additional
officers, Institute for Scientific and Technological
Cooperation (2).’’.
(b) TITLE 15, UNITED STATES CODE.—Section
638(e)(1) of title 15, United States Code is amended by
striking out ‘‘for the Agency’’ through ‘‘countries’’ and in-
serting in lieu thereof ‘‘the provisions of this section shall
263
not be applicable to the programs administered by the
United States Agency for International Development’’.
(c) ARMS EXPORT CONTROL ACT—The Arms Export
Control Act is amended as follows:
(1) Section 2(b) is amended by striking out—
(A) ‘‘or financing for’’ in paragraph (1);
and
(B) ‘‘financing,’’ both other places it ap-
pears.
(2) Section 3(c) is amended—
(A) in paragraph (1), by striking out
‘‘(1)(A) No’’ and all that follows through ‘‘(B)
No cash’’ and inserting in lieu thereof ‘‘(1)
No’’;
(B) in paragraph (1), as amended by sub-
paragraph (A), by striking out ‘‘under this Act,
or any predecessor Act,’’ and inserting in lieu
thereof ‘‘, through sale, financing or otherwise,
under this Act or the Peace, Prosperity, and
Democracy Act of 1994 (or under any prede-
cessor military sales or foreign assistance
legislation)’’;
(C) in paragraph (3)(A), by striking out
‘‘subparagraph (A)’’ and all that follows
264
through ‘‘such paragraphs,’’ and inserting in
lieu thereof ‘‘paragraph (1)’’; and
(D) in paragraph (3)(B), by striking out
‘‘subparagraph (B) of’’.
(3) Section 3 is amended—
(A) in subsection (d), by striking out ‘‘sec-
tion 505(a)(1) or 505(a)(4) of the Foreign As-
sistance Act of 1961’’ and inserting in lieu
thereof ‘‘section 8212(a)(1) of the Peace, Pros-
perity, and Democracy Act of 1994’’; and
(B) in subsection (e), by striking out ‘‘sec-
tion 505 of the Foreign Assistance Act of
1961’’ and inserting in lieu thereof ‘‘section
8212(a)(1) of the Peace, Prosperity, and De-
mocracy Act of 1994’’.
(4) Section 4 is amended by inserting after
‘‘such friendly countries’’ ‘‘or, if financed with as-
sistance furnished under the Peace, Prosperity, and
Democracy Act of 1994, for such other purposes as
are provided for under that Act’’.
(5) Section 5(a) is amended by striking out ‘‘,
and no credits (including participations in credits) or
guaranties extended to or for’’ and inserting in lieu
thereof ‘‘to’’.
(6) Section 6 is amended—