I
103D CONGRESS
1ST SESSION
H. R. 3690
To require that development assistance may be provided to certain govern-
mental 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 demo-
cratic countries, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REQUIREMENTS FOR PROVISION OF DEVELOP-
MENT ASSISTANCE.
(a) IN GENERAL.—Except as provided in subsection
(b), development assistance may be provided to a govern-
mental or nongovernmental organization only if that orga-
nization—
(1) provides assurances that it will use such de-
velopment assistance to provide assistance only to
individuals or organizations that are located in coun-
tries, the governments of which—
(A) promote a political process open to
members of society with free and fair elections;
(B) adhere to the rule of law and fairness
of the judicial process;
(C) respect individual rights, including
freedom of association, assembly, press, and re-
ligion; and
(D) do not engage in a consistent pattern
of gross violations of internationally recognized
human rights;
(2) has, at a minimum, an adequate system of
financial auditing and accounting procedures appli-
cable to the provision of such assistance; and
(3) provides assurances that not more than 10
percent of the amount of development assistance al-
located for any program, project, or activity will be
used by a recipient for administrative costs associ-
ated with such program, project, or activity.
(b) WAIVER.—The President may waive the require-
ments in subparagraphs (A) through (D) of subsection
(a)(1) with respect to a government only if the President
certifies to the Congress that such government is making
substantial progress toward meeting such requirements.
(c) TERMINATION
OF ASSISTANCE UPON DETER-
MINATION OF MISUSE OF FUNDS.—Upon a determination
by the inspector general of the agency primarily respon-
sible for administering part I of the Foreign Assistance
Act of 1961 that an organization receiving development
assistance under subsection (a) has used funds in a man-
ner inconsistent with the purpose of any program, project,
or activity for which such funds were provided, then devel-
opment assistance may not be provided to such organiza-
tion for the 5-year period beginning on the date of such
determination.
(d) DEVELOPMENT
ASSISTANCE
DEFINED.—For
purposes of this section, the term ‘‘development assist-
ance’’ means—
(1) assistance under chapter 1 or chapter 10 of
part I of the Foreign Assistance Act of 1961 (relat-
ing to development assistance and the Development
Fund for Africa);
(2) assistance under chapter 11 of part I of the
Foreign Assistance Act of 1961 (relating to assist-
ance for the independent states of the former Soviet
Union);
(3) assistance under chapter 4 of part II of
that Act (relating to the economic support fund);
(4) assistance under the Support for East Eu-
ropean Democracy (SEED) Act of 1989; or
(5) assistance under the Agricultural Trade De-
velopment and Assistance Act of 1954 (Public Law
480), excluding the sale of agricultural commodities
under title I of that Act.
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