A bill to authorize the President to exercise waivers of foreign assistance restrictions with respect to Pakistan through September 30, 2003, and for other purposes.

Exempts Pakistan from certain provisions under the Foreign Operations, Export Financing, and Related Programs Appropriations Act for Fiscal Year 2002, or any provision of such Act for a prior fiscal year, prohibiting direct U.S. assistance to a country whose duly elected head of government was deposed by decree or military coup.

(Sec. 1) Authorizes the President, with respect to Pakistan, to waive any provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act for Fiscal Year 2003 prohibiting direct U.S. assistance to a country whose duly elected head of government was deposed by decree or military coup, if the President determines and certifies to the appropriate congressional committees that such waiver: (1) would facilitate the transition to democratic rule in Pakistan; and (2) is important to U.S. efforts to respond to, deter, or prevent acts of international terrorism. Requires the President not less than five days before the obligation of funds for Pakistan, or before the exercise of the waiver authority, to consult with the appropriate congressional committees with respect to such obligation or waiver.

(Sec. 2) Authorizes the President to waive certain sanctions imposed on foreign persons in Pakistan prior to January 1, 2001, for violation of provisions under the Arms Export Control Act or the Export Administration Act of 1979 prohibiting the transfer of items on the Missile Technology Control Regime: (1) only after consultation with the appropriate congressional committees; and (2) without regard to certain notification periods set forth authorizing the waiver.

(Sec. 3) Exempts Pakistan from certain foreign assistance requirements prohibiting U.S. assistance to countries that default in payment of U.S. loans.

(Sec. 4) Shortens certain congressional notification deadlines with respect to the drawdown and transfer of excess defense articles and defense services of the Department of Defense to respond to, deter, or prevent acts of international terrorism.

[107th Congress Public Law 57]
[From the U.S. Government Publishing Office]


<DOC>
[DOCID: f:publ057.107]


[[Page 115 STAT. 403]]

Public Law 107-57
107th Congress

                                 An Act


 
   To authorize the President to exercise waivers of <<NOTE: Oct. 27, 
  2001 -  [S. 1465]>> foreign assistance restrictions with respect to 
      Pakistan through September 30, 2003, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. EXEMPTIONS AND WAIVER OF APPROPRIATIONS ACT 
                            PROHIBITIONS WITH RESPECT TO PAKISTAN.

    (a) Fiscal Year 2002 and Prior Fiscal Years.--
            (1) Exemptions.--Any provision of the foreign operations, 
        export financing, and related programs appropriations Act for 
        fiscal year 2002, or any provision of such Act for a prior 
        fiscal year, that prohibits direct assistance to a country whose 
        duly elected head of government was deposed by decree or 
        military coup shall not apply with respect to Pakistan.
            (2) Prior consultation required.--Not less than 5 days prior 
        to the obligation of funds for Pakistan under paragraph (1), the 
        President shall consult with the appropriate congressional 
        committees with respect to such obligation.

    (b) Fiscal Year 2003.--
            (1) Waiver.--The President is authorized to waive, with 
        respect to Pakistan, any provision of the foreign operations, 
        export financing, and related programs appropriations Act for 
        fiscal year 2003 that prohibits direct assistance to a country 
        whose duly elected head of government was deposed by decree or 
        military coup, if the President determines and certifies to the 
        appropriate congressional committees that such waiver--
                    (A) would facilitate the transition to democratic 
                rule in Pakistan; and
                    (B) is important to United States efforts to respond 
                to, deter, or prevent acts of international terrorism.
            (2) Prior consultation required.--Not less than 5 days prior 
        to the exercise of the waiver authority under paragraph (1), the 
        President shall consult with the appropriate congressional 
        committees with respect to such waiver.
SEC. 2. INCREASED FLEXIBILITY IN THE EXERCISE OF WAIVER AUTHORITY 
                    OF MTCR AND EXPORT ADMINISTRATION ACT 
                    SANCTIONS WITH RESPECT TO PAKISTAN.

    Any waiver under 73(e) of the Arms Export Control Act (22 U.S.C. 
2797b(e)), or under section 11B(b)(5) of the Export Administration Act 
of 1979 (50 U.S.C. App. 2410b(b)(5)) (or successor statute), with 
respect to a sanction that was imposed on foreign persons in Pakistan 
prior to January 1, 2001, may be exercised--

[[Page 115 STAT. 404]]

            (1) only after consultation with the appropriate 
        congressional committees; and
            (2) without regard to the notification periods set forth in 
        the respective section authorizing the waiver.
SEC. 3. EXEMPTION OF PAKISTAN FROM FOREIGN ASSISTANCE PROHIBITIONS 
                    RELATING TO FOREIGN COUNTRY LOAN DEFAULTS.

    The following provisions of law shall not apply with respect to 
Pakistan:
            (1) Section 620(q) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2370(q)).
            (2) Such provision of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 2002, as is 
        comparable to section 512 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 2001 (Public 
        Law 106-429; 114 Stat. 1900A-25).
SEC. 4. MODIFICATION OF NOTIFICATION DEADLINES FOR DRAWDOWNS AND 
                    TRANSFER OF EXCESS DEFENSE ARTICLES TO RESPOND 
                    TO, DETER, OR PREVENT ACTS OF INTERNATIONAL 
                    TERRORISM.

    (a) Drawdowns.--Notwithstanding the second sentence of section 
506(b)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(b)(1)), 
each notification under that section with respect to any drawdown 
authorized by subclause (III) of subsection (a)(2)(A)(i) that the 
President determines is important to United States efforts to respond 
to, deter, or prevent acts of international terrorism shall be made at 
least 5 days in advance of the drawdown in lieu of the 15-day 
requirement in that section.
    (b) Transfers of Excess Defense Articles.--Notwithstanding section 
516(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(f)(1)), 
each notification under that section with respect to any transfer of an 
excess defense article that the President determines is important to 
United States efforts to respond to, deter, or prevent acts of 
international terrorism shall be made at least 15 days in advance of the 
transfer in lieu of the 30-day requirement in that section.

SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees'' means 
the Committee on Foreign Relations and the Committee on Appropriations 
of the Senate and the Committee on International Relations and the 
Committee on Appropriations of the House of Representatives.

[[Page 115 STAT. 405]]

SEC. 6. TERMINATION DATE.

    Except as otherwise provided in section 1 or 3, the provisions of 
this Act shall terminate on October 1, 2003.

    Approved October 27, 2001.

LEGISLATIVE HISTORY--S. 1465:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 147 (2001):
            Oct. 4, considered and passed Senate.
            Oct. 16, considered and passed House.

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