-Caveat Lector-

Introduced 9/25/01, passed in the Senate 10/4/01, passed in the House
10/14/01.  This Act waives prohibition of "direct assistance to a country
whose duly elected head of government was deposed by decree or military
coup..." as it pertains to Pakistan.  FYI.             Samantha

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws

&docid=f:publ057.107

[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.

                                  <all>

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