x. Foreign Assistance Act of 1974

Partial text of Public Law 93-559 [S. 3394], 88 Stat. 1795, approved December 30, 1974, as amended by Public Law 94-329 [International Security Assistance and Arms Export Control Act of 1976, H.R. 13680], 90 Stat. 729 at 761, approved June 30, 1976; and by Public Law 97-113 [S. 1196], 95 Stat. 1519 at 1560, approved December 29, 1981

NOTE.-Except for the provisions noted below, the FA Act of 1974 consists of amendments to the FA Act of 1961, the Foreign Military Sales Act, and the 1971 Act to amend the FMS Act.

AN ACT To amend the Foreign Assistance Act of 1961, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Foreign Assistance Act of 1974".

1 Sec. 3, which had prohibited the use of funds during fiscal year 1975 to procure agricultural fertilizers for South Vietnam and set a ceiling for the procurement of such fertilizers in future years for South Vietnam, was repealed by sec. 734(a)(8) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113, 95 Stat. 1560).

2 Sec. 17 was repealed by sec. 29(c)(4) of the International Security Assistance Act of 1978 (Public Law 95-384, 92 Stat. 747).

Sec. 25, which had limited assistance to Chile during fiscal year 1975 to $25,000,000 (which could not include military aid or security supporting assistance), was repealed by sec. 734(a)(8) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113, 95 Stat. 1560).

(b) of the funds appropriated to carry out section 639 of the Foreign Assistance Act of 1961, during fiscal year 1975 not less than $25,000,000 shall be made available to Cyprus for the purposes of such section 639.

Sec. 47.9 The first section of the Act entitled "An Act to authorize a permanent annual appropriation for the maintenance and operation of the Gorgas Memorial", approved May 7, 1928, is amended by striking out "$500,000" and inserting "$2,000,000" in lieu thereof.

4 Sec. 26, which had set a ceiling of $145,000,000 in military assistance and $165,000,000 in excess defense articles for Korea during fiscal year 1975, was repealed by sec. 734(a)(8) of the International Security and Development Cooperation Act of 1981 (Public Law 97-118, 95 Stat. 1560).

5 Sec. 27, which had set a limit of $50,000,000 in economic and military assistance for India during fiscal year 1975, was repealed by sec. 734(a)(8) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113, 95 Stat. 1560).

6 22 U.S.C. 2399 note.

7 Secs. 34, 35, 36, 37, 38, 39, and 40, all relating to U.S. Policy in Indochina, were repealed by sec. 413(a) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329, 90 Stat. 761). For complete text of sec. 413, see page 474.

Sec. 43, which had prohibited the use of funds authorized by this Act from supporting the construction, operation, maintenance, or the supply of fuel for any nuclear powerplant in Israel or Egypt, was repealed by sec. 734(a)(8) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113, 95 Stat. 1560).

922 U.S.C. 278.

INTERNATIONAL COMMISSION OF CONTROL AND SUPERVISION IN

VIETNAM

Sec. 48.10 (a) There are authorized to be appropriated to the Department of State for fiscal year 1975 not to exceed $16,526,000 for payments by the United States to help meet expenses of the International Commission of Control and Supervision in Vietnam. Funds appropriated under this subsection are authorized to be made available for reimbursement to the Agency for International Development of amounts expended by the Agency during fiscal year 1975 as interim United States payments to help meet expenses of the International Commission of Control and Supervision. (b) There are authorized to be appropriated to the Department of State not to exceed $11,200,000 for reimbursement to the Agency for International Development of amounts expended by the Agency for International Development to help meet expenses of the International Commission on Control and Supervision in fiscal year 1974.

(c) Reimbursements received by the Agency for International Development under this section may be credited to applicable appropriations of the Agency and shall be available for the purposes for which such appropriations are authorized to be used during fiscal year 1975.

Sec. 49.11 ***

POLICY ON ASSISTANCE TO AFRICA

[Repealed-1981]

POLICY ON THE INDEPENDENCE OF ANGOLA, MOZAMBIQUE, AND

GUINEA-BISSAU

Sec. 50.12 (a)(1) Congress finds that the Government of Portugal's recognition of the right to independence of the African territories of Angola, Mozambique, and Guinea-Bissau marks a significant advance toward the goal of self-determination for all the peoples of Africa, without which peace on the continent is not secure.

(2) Congress finds that progress toward independence for the Portuguese African territories will have a significant impact on the international organizations and the community of nations.

(3) Congress commends the Portuguese Government's initiatives on these fronts as evidence of a reaffirmation of that Government's support for her obligations under both the United Nations Charter and the North Atlantic Treaty Organizations.

(b) Therefore, Congress calls upon the President and the Secretary of State to take the following actions designed to make clear United States support for a peaceful and orderly transition to independence in the Portuguese African territories:

(1) An official statement should be issued of United States support for the independence of Angola, Mozambique, and

10 22 U.S.C. 2431 note.

11 Sec. 49, which had required a report from the President on action taken to provide the developing countries of Africa with an equitable share of U.S. economic assistance, was repealed by sec. 734(a)(8) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113, 95 Stat. 1560).

12 22 U.S.C. 2166 note.

Guinea-Bissau, and of our desire to have good relations with the future governments of the countries.

(2) It should be made clear to the Government of Portugal that we view the efforts toward a peaceful and just settlement of the conflict in the African territories as consistent with Portugal's obligations under the North Atlantic Treaty Organization partnership.

(3) The United States should encourage United Nations support for a peaceful transition to independence, negotiated settlement of all differences, and the protection of human rights of all citizens of the three territories.

(4) The United States should open a dialog with potential leaders of Angola, Mozambique, and Guinea-Bissau and assure them of our commitment to their genuine political and economic independence.

(5) The economic development needs of the three territories will be immense when independence is achieved. Therefore, it is urged that the United States Agency for International Development devote attention to assessing the economic situation in Angola, Mozambique, and Guinea-Bissau and be ready to cooperate with the future governments in providing the kind of assistance that will help make their independence viable. In addition, the United States Government should take the initiative among other donors, both bilateral and multilateral, in seeking significant contribution of development assistance for the three territories.

(6) In light of the need of Angola, Mozambique, and GuineaBissau for skilled and educated manpower, a priority consideration should be given to expanding current United States programs of educational assistance to the territories as a timely and substantive contribution to their independence. (c) 13 * * *

[Repealed-1981]

CONVENTIONAL ARMS TRADE

Sec. 51.14 (a) It is the sense of the Congress that the recent growth in international transfers of conventional arms to developing nations

(1) is a cause for grave concern for the United States and other nations in that in particular areas of the world it increases the danger of potential violence among nations, and diverts scarce world resources from more peaceful uses; and

(2) could be controlled progressively through negotiations and agreements among supplier and recipient nations.

(b) Therefore, the President is urged to propose to the Geneva Conference of the Committee on Disarmament that it consider as a high priority agenda item discussions among participating nations of that Conference for the purposes of—

13 Subsec. (c), which had required a report from the President on the implementation of the proposals outlined in subsec. (b), was repealed by sec. 734(a)(8) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113, 95 Stat. 1560). The President submitted this report to Congress on June 4, 1975.

14 22 U.S.C. 2551 note.

(1) agreeing to workable limitations on conventional arms transfers; and

(2) establishing a mechanism through which such limitations could be effectively monitored.

(c) 15*** [Repealed-1981]

INVOLVEMENT OF PUERTO RICO IN THE CARIBBEAN DEVELOPMENT BANK

Sec. 52. (a) The President may transmit to the Caribbean Development Bank an instrument stating that the Commonwealth of Puerto Rico has the authority to conclude an agreement of accession with such Bank and to assume rights and obligations pursuant to such agreement. However, such agreement may only be concluded after it has been approved by the United States Secretary of State.

(b) The instrument transmitted by the President to the Caribbean Development Bank under subsection (a) shall state that the United States shall not assume any financial or other responsibility for the performance of any obligation incurred by the Commonwealth of Puerto Rico pursuant to such agreement of accession or pursuant to any other aspect of its membership or participation in such Bank.

(c) Such agreement of accession shall provide that the Commonwealth of Puerto Rico may not receive from the Caribbean Development Bank any funds provided to the Bank by the United States.

POLICY WITH RESPECT TO COUNTRIES MOST SERIOUSLY AFFECTED BY

FOOD SHORTAGES

Sec. 55.16 (a) The United Nations has designated thirty-two countries as "Most Seriously Affected" by the current economics crisis. These are countries without the internal food production capability or the foreign exchange availability to secure food to meet their immediate food requirements. The Congress calls upon the President and Secretary of State to take the following actions designed to mobilize appropriate resources to meet the food emergency:

(1) Review and make appropriate adjustments in the level of programming of our food and fertilizer assistance programs with the aim of increasing to the maximum extent feasible the volume of food and fertilizer available to those countries most seriously affected by current food shortages.

(2) Call upon all traditional and potential new donors of food, fertilizer, or the means financing these commodities to immediately increase their participation in efforts to address the emergency food needs of the developing world.

(3) Make available to these most seriously affected countries the maximum feasible volume of food commodities, with appro

15 Subsec. (c), which had required a report from the President on steps he has taken to carry out this section, was repealed by sec. 734(a)(8) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113, 95 Stat. 1560). The President submitted this report on June 30, 1975.

16 22 U.S.C. 2175 note.