t. Foreign Assistance Act of 1973

Partial text of Public Law 93–189 [S. 1443], 87 Stat. 714, approved December 17, 1973; as amended by Public Law 97-113 [International Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1560, approved December 29, 1981

NOTE.-Except for the provisions noted below, the Foreign Assistance Act of 1973 consists of amendments to the Foreign Assistance Act of 1961, the Foreign Military Sales Act, the 1971 Act to amend the FMS Act, and Sec. 414 of the Mutual Security Act of 1954.

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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 1973".

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ASIAN DEVELOPMENT BANK

Sec. 28.1 Section 17 of the Asian Development Bank Act 2 is amended by striking out "$60,000,000 for fiscal year 1972 and $40,000,000 for fiscal year 1973" and inserting in lieu thereof "$100,000,000".

Sec. 29,3* *** [Repealed-1974]

TERMINATION OF INDOCHINA WAR

Sec. 30.1 No funds authorized or appropriated under this or any other law may be expended to finance military or paramilitary operations by the United States in or over Vietnam, Laos, or Čambodia.

LIMITATION ON USE OF FUNDS

Sec. 31.1 No funds authorized or appropriated under any provision of law shall be made available for the purpose of financing directly or indirectly any military or paramilitary combat operations by foreign forces in Laos, Cambodia, North Vietnam, South Vietnam, or Thailand unless (1) such operations are conducted by the forces of that government receiving such funds within the borders

122 U.S.C. 2151 note.

2 For text, see Legislation on Foreign Relations Through 1994, vol. III, sec. I.

Former sec. 29 regarding access to certain military bases abroad was repealed by sec. 29(b) of the FA Act of 1974 (Public Law 93-559).

of that country, or (2) specifically authorized by law enacted after the date of enactment of this Act.

POLITICAL PRISONERS

Sec. 32.4 It is the sense of Congress that the President should deny any economic or military assistance to the government of any foreign country which practices the internment or imprisonment of that country's citizens for political purposes.

ALBERT SCHWEITZER HOSPITAL

Sec. 33.4 There is authorized to be appropriated to the President for fiscal year 1974 $1,000,0005 to make grants, on such terms and conditions as he may specify, to the Albert Schweitzer Hospital in Gabon.

PRISONERS OF WAR AND INDIVIDUALS MISSING IN ACTION

Sec. 34.4 (a) The Congress declares that

(1) the families of those one thousand three hundred individuals missing in action during the Indochina conflict have suffered extraordinary torment in ascertaining the full and complete information about their loved ones who are formally classified as missing in action;

(2) United States involvement in the Indochina conflict has come to a negotiated end with the signing of the Vietnam Agreement in Paris on January 27, 1973, and section 307 of the Second Supplemental Appropriations Act, 1973, requires that "None of the funds herein appropriated under this Act may be expended to support directly or indirectly combat activities in or over Cambodia, Laos, North Vietnam and South Vietnam or off the shores of Cambodia, Laos, North Vietnam and South Vietnam by United States forces, and after August 15, 1973, no other funds heretofore appropriated under any other Act may be expended for such purpose.";

(3) the question of the return of prisoners of war and accounting for individuals missing in action and dead in Laos is covered by article 18 of the Protocol signed by representatives of the Lao Patriotic Front (Pathet Lao) and the Royal Laotian Government in Vientiane on September 14, 1973 (which implements article 5 of the Agreement signed by the Pathet Lao and that government in Vientiane on February 21, 1973, requiring the release of all prisoners "regardless of nationality captured that, within "15 to 30 days" from the date of the signing of the and held in Laos), and paragraph C of such article 18 provides Protocol, each side is to report the number of those prisoners and individuals still held, with an indication of the nationality and status, together with a list of names and who died (4) few of the United States men lost in Lacs the mili tary engagements in Indochina have been re and with

in captivity; and

422 U.S.C. 2151 note.

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knowledge about many of these men not yet being fully disclosed, and the North Vietnam cease-fire provisions calling for inspection of crash and grave sites and for other forms of cooperation have not been fully complied with.

(b) It is, therefore, the sense of the Congress that—

(1) the provisions for the release of prisoners and an accounting of individuals missing and dead, as provided for in article 18 of the Protocol signed on September 14, 1973, by the Pathet Lao and the Royal Laotian Government, be adhered to in spirit and in deed; and

(2) the faithful compliance with the spirit of the Laotian Agreement and Protocol on the question of individuals missing in action will encourage all parties in Indochina to cooperate in providing complete information on all nationals of any nation who may be captured or missing at any place in Indochina.

RIGHTS IN CHILE

Sec. 35.6 It is the sense of the Congress that (1) the President should request the Government of Chile to protect the human rights of all individuals, Chilean and foreign, as provided in the Universal Declaration of Human Rights, the Convention and Protocol Relating the Status of Refugees, and other relevant international legal instruments guaranteeing the granting of asylum, safe conduct, and the humane treatment or release of prisoners; (2) the President should support international humanitarian initiatives by the United Nations High Commissioner for Refugees and the International Committee of the Red Cross to insure the protection and safe conduct and resettlement of political refugees, the humane treatment of political prisoners, and the full inspection of detention facilities under international auspices; (3) the President should support and facilitate efforts by voluntary agencies to meet emergency relief needs; and (4) the President should request of the Inter-American Commission on Human Rights to undertake an immediate inquiry into recent events occurring in Chile.

REVISION OF SOCIAL PROGRESS TRUST FUND AGREEMENT

Sec. 36.6 (a) The President or his delegate shall seek, as soon as possible, a revision of the Social Progress Trust Fund Agreement (dated June 19, 1961) between the United States and the InterAmerican Development Bank. Such revision should provide for the

(1) periodic transfer of unencumbered capital resources of such trust fund, and of any future repayments or other accruals otherwise payable to such trust fund, to the Inter-American Foundation, to be administered by the Foundation for purposes of part IV of the Foreign Assistance Act of 1969 (22 U.Š.C. 290f and following);

(2) utilization of such unencumbered capital resources, future repayments, and other accruals by the Inter-American Development Bank for purposes of sections 1 and 2 of the Latin

622 U.S.C. 2151 note.

American Development Act7 (22 U.S.C. 1942 and 1943) in such a way that the resources received in the currencies of the more developed member countries are utilized to the extent possible for the benefit of the lesser developed member countries; or

(3) both the transfer described in paragraph (1) and the utilization described in paragraph (2).

(b) Any transfer or utilization under this section shall be in such proportions as may be agreed to between the United States and the Inter-American Development Bank.

(c) Any transfer under subsection (a)(1) shall be in the amounts, and in available currencies, determined in consultation with the Inter-American Foundation, to be required for its program pur

poses.

(d) The revision of the Social Progress Trust Fund Agreement pursuant to this section shall provide that the President or his delegate shall specify, from time to time, after consultation with the Inter-American Development Bank, the particular currencies to be used in making the transfer or utilization described in the section. (e) 8*** [Repealed-1981]

Sec. 37.9 Prohibition on Assistance to North Vietnam * * * [Repealed-1981]

Sec. 38.10 Report Concerning Certain Use of Military Assistance in Africa * * * [Repealed-1981]

WORLD FOOD SHORTAGES

Sec. 39.11 (a) It is the sense of the Congress that the United States should participate fully in efforts to alleviate current and future food shortages which threaten the world. To this end, the President shall—

(1) encourage, support, and expedite studies relating to the long-range implications of the world food situation (including studies of national and world production, distribution, and utilization of agricultural commodities and other foodstuffs) and support the organizing of a world food conference under United Nations auspices in 1974;

(2) request the member nations of the General Agreement on Tariffs and Trade to explore the means of assuring equitable access by all nations to national markets and mineral and agricultural resources;

(3) Consult and cooperate with appropriate international agencies, such as the Food and Agricultural Organization of the United Nations, in determining the need for, the feasibility

7 For text, see Legislation on Foreign Relations Through 1994, vol. I-B.

Subsec. (e), which had required a report from the President on his action taken pursuant to this section, was repealed by sec. 734(aX9) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted this report on January 3, 1974.

Sec. 37, which had prohibited the use of funds authorized in this Act (fiscal year 1974) for assistance to North Vietnam, was repealed by sec. 734(aX9) of the International Security and Development Cooperation Act of 1981 (Public Law 97–113; 95 Stat. 1560).

10 Sec. 38, which had required the President to make a determination with respect to the use, if any, by any non-African country in support of its military activities in its African territories of U.S. economic military, or food assistance, was repealed by sec. 734(aX9) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted this determination to Congress on May 3, 1974.

11 22 U.S.C. 2220 note.

of, and cost of an equitably-shared basis of, establishing an international system of strategic food reserves; and

(4) report his findings and recommendations to the Congress on the implementation of this section no later than December 31, 1974.

(b) It is further the sense of the Congress that

(1) in making assessments which would affect or relate to the level of domestic production, the Executive Branch should include in the estimates of overall utilization the expected demands for humanitarian food assistance through such programs as are carried out under the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480); and

(2) legislation providing increased flexibility for responding to emergency and humanitarian requirements for food assistance should be considered as promptly as possible to the end that the last sentence of section 401 of the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480), may be amended by striking the period and inserting in lieu thereof a comma and the following: "unless the Secretary determines that some part of the exportable supply should be used to carry out the national interest and humanitarian objectives of this Act."

USE OF LOCAL CURRENCIES 12

Sec. 40.13 Effective July 1, 1974, no amount of any foreign currency (including principal and interest from loan repayments) which accrues in connection with any sale for foreign currency under any provision of law may be used under any agreement entered into after the date of the enactment of this Act, or any revision or extension entered into after such date of any prior or subsequent agreement, to provide any assistance to any foreign country to procure equipment, materials, facilities, or services for the common defense, including internal security unless such agreement is specifically authorized by legislation enacted after such date.

12 See also Mutual Security Act of 1954, as amended (Public Law 83-665; 68 Stat. 832), sec. 502, Use of Foreign Currencies, in Legislation on Foreign Relations Through 1994, vol. I–B. 13 22 U.S.C. 2151 note.