103D CONGRESS

2D SESSION H. R. 4426

AMENDMENTS
★

In the Senate of the United States,

July 15 (legislative day, July 11), 1994.

Resolved, That the bill from the House of Representatives (H.R. 4426) entitled ‘‘An Act making appropriations for

foreign operations, export financing, and related programs for

the fiscal year ending September 30, 1995’’, do pass with the

following

AMENDMENTS:

1 Ω1æPage 2, line 3, after ‘‘pended’’ insert: : Provided,

2 That one quarter of such funds may be obligated only after

3 April 1, 1995: Provided further, That one quarter of such

4 funds may be obligated only after September 1, 1995: Pro5 vided further, That not more than twenty-one days prior

6 to the obligation of each such sum, the Secretary shall sub7 mit a certification to the Committees on Appropriations

8 that the Bank has not approved any loans to Iran since

9 October 1, 1994, or the President of the United States cer10 tifies that withholding of these funds is contrary to the na11 tional interest of the United States.

12 Ω2æPage 2, line 13, strike out ø$88,800,000¿ and insert:

13 $98,800,000
2

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1 Ω3æPage 2, line 18, strike out ø$1,235,000,000¿ and in2 sert: $1,207,750,000

3 Ω4æPage 3, line 14, strike out all after ‘‘expended’’ down

4 to and including ‘‘propriations’’ in line 19

5 Ω5æPage 4, line 18, strike out all after ‘‘expended’’ down

6 to and including ‘‘Appropriations’’ in line 21

7 Ω6æPage 5, line 13, strike out all after ‘‘That’’ down to

8 and including ‘‘600’’ in line 15 and insert: of the amount

9 appropriated under this heading not more than $7,002,000

10 may be expended for the purchase of such stock in fiscal

11 year 1995

12 Ω7æPage 5, after line 21 insert:

13 CONTRIBUTION TO THE ENHANCED STRUCTURAL ADJUST14 MENT FACILITY OF THE INTERNATIONAL MONETARY

15 FUND

16 For payment to the Interest Subsidy Account of the

17 Enhanced Structural Adjustment Facility of the Inter18 national Monetary Fund, $25,000,000, to remain available

19 until expended.

20 Ω8æPage 5, line 26, strike out ø$366,000,000¿ and in21 sert: $382,000,000

22 Ω9æPage 6, line 20, strike out ø$40,000,000¿ and insert:

23 $60,000,000
3

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1 Ω10æPage 7, line 11, strike out all after ‘‘funds’’ down

2 to and including ‘‘UNFPA’’ in line 16

3 Ω11æPage 8, line 5, strike out ø$811,000,000¿ and in4 sert: $882,000,000

5 Ω12æPage 8, line 6, after ‘‘1996’’ insert: : Provided, That

6 of the funds appropriated under this title under the heading

7 ‘‘Agency for International Development’’, (1) not less than

8 $285,000,000 shall be made available for activities which

9 have as their objective the reduction of childhood mortality,

10 including such activities as immunization programs, oral

11 rehydration programs, and education programs which ad12 dress improved nutrition, and water and sanitation pro13 grams, (2) not less than $135,000,000 shall be made avail14 able for basic education programs, and (3) not less than

15 $25,000,000 shall be made available for micronutrient pro16 grams

17 Ω13æPage 8, line 6, after ‘‘1996’’ insert: : Provided fur18 ther, That of the funds appropriated under title II, not less

19 than $600,000 shall be available to support democracy pro20 grams in the People’s Republic of China: Provided further,

21 That the Agency for International Development shall make

22 these funds available for the activities described in the pre23 vious proviso on a grant basis to United States nongovern24 ment organizations, on a competitive selection basis, not-
4

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1 withstanding any other provision of law: Provided further,

2 That the following section of the bill is null and void: Pro3 vided further, That of the funds appropriated under this

4 heading, not less than $600,000, shall be available to sup5 port parliamentary training and democracy programs in

6 the People’s Republic of China: Provided further, That the

7 Agency for International Development shall make funds

8 available for the activities described in the previous proviso

9 on a grant basis to the International Republican Institute

10 and the National Democratic Institute, notwithstanding

11 any other provision of law

12 Ω14æPage 8, line 6, after ‘‘1996’’ insert: : Provided fur13 ther, That of the funds appropriated under this heading,

14 not less than $1,000,000 shall be made available for support

15 of displaced Burmese including for cross border activities

16 notwithstanding any other provision of law

17 Ω15æPage 8, line 6, after ‘‘1996’’ insert: : Provided fur18 ther, That of the funds appropriated under this heading,

19 not less than $600,000 shall be available to support par20 liamentary training and democracy programs in the Peo21 ple’s Republic of China: Provided further, That the Agency

22 for International Development shall make funds available

23 for the activities described in the previous proviso on a

24 grant basis to the International Republican Institute and
5

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1 the National Democratic Institute, notwithstanding any

2 other provision of law

3 Ω16æPage 8, line 6, after ‘‘1996’’ insert: : Provided fur4 ther, That of the funds appropriated under this heading,

5 not less than $15,100,000 shall be made available for the

6 Cooperative Association of States for Scholarships Program

7 and not less than $3,000,000 shall be made available for

8 the East Central European Scholarship Program

9 Ω17æPage 8, line 6, after ‘‘1996.’’ insert: Notwithstand10 ing any other provision of this Act, none of the funds appro11 priated under this Act shall be available to support par12 liamentary training and democracy programs in the Peo13 ple’s Republic of China.

14 Ω18æPage 9, line 5, after ‘‘proviso’’ insert: : Provided fur15 ther, That for purposes of this or any other Act authorizing

16 or appropriating funds for foreign operations, export fi17 nancing, and related programs, the term ‘‘motivate’’, as it

18 relates to family planning assistance, shall not be construed

19 to prohibit the provision, consistent with local law, of infor20 mation or counselling about, or referral for, all pregnancy

21 options including abortion

22 Ω19æPage 9, line 8, after ‘‘1961’’ insert: : Provided fur23 ther, That of the funds appropriated under this heading,

24 not less than an amount equal to the amount made avail-
6

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1 able for the Office of Population of the Agency for Inter2 national Development in fiscal year 1994 shall be made

3 available to that office

4 Ω20æPage 9, line 12, strike out ø$790,000,000¿ and in5 sert: $802,000,000

6 Ω21æPage 10, line 23, strike out all after ‘‘expended’’

7 over to and including ‘‘activities’’ in line 6 on page 11

8 Ω22æPage 11, line 13, after ‘‘1974’’ insert: : Provided

9 further, That guarantees of loans made under this heading

10 in support of microenterprise activities may guarantee up

11 to 70 percent of the principal amount of any such loans

12 notwithstanding section 108 of the Foreign Assistance Act

13 of 1961

14 Ω23æPage 12, line 25, strike out ø$517,500,000¿ and

15 insert: $517,800,000

16 Ω24æPage 12, line 25, strike out all after

17 ‘‘$517,500,000’’ over to and including ‘‘costs’’ in line 2

18 on page 13

19 Ω25æPage 13, line 12, strike out ø$2,339,000,000¿ and

20 insert: $2,359,200,000

21 Ω26æPage 13, line 13, strike out all after ‘‘1996’’ down

22 to and including ‘‘years’’ in line 24 and insert: : Provided,
7

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1 That of the funds appropriated under this heading, not less

2 than $1,200,000,000 shall be available only for Israel, which

3 sum shall be available on a grant basis as a cash transfer

4 and shall be disbursed within thirty days of enactment of

5 this Act or by October 31, 1994, whichever is later: Provided

6 further, That not less than $815,000,000 shall be available

7 only for Egypt, which sum shall be provided on a grant

8 basis, and of which sum cash transfer assistance may be

9 provided, with the understanding that Egypt will undertake

10 significant economic reforms which are additional to those

11 which were undertaken in previous fiscal years, and of

12 which not less than $200,000,000 shall be provided as Com13 modity Import Program assistance

14 Ω27æPage 14, line 9, after ‘‘Zaire’’ insert: : Provided fur15 ther, That not more than $50,000,000 of the funds appro16 priated under this heading may be made available to fi17 nance tied-aid credits, unless the President determines it

18 is in the national interest to provide in excess of

19 $50,000,000 and so notifies the Committees on Appropria20 tions through the regular notification procedures of the

21 Committees on Appropriations: Provided further, That

22 none of the funds made available or limited by this Act

23 may be used for tied-aid credits or tied-aid grants except

24 through the regular notification procedures of the Commit25 tees on Appropriations: Provided further, That none of the
8

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1 funds appropriated by this Act to carry out the provisions

2 of chapters 1 and 10 of part I of the Foreign Assistance

3 Act of 1961 may be used for tied-aid credits: Provided fur4 ther, That as used in this heading the term ‘‘tied-aid cred5 its’’ means any credit, within the meaning of section

6 15(h)(1) of the Export-Import Bank Act of 1945, which is

7 used for blended or parallel financing, as those terms are

8 defined by sections 15(h) (4) and (5), respectively, of such

9 Act

10 Ω28æPage 14, line 9, after ‘‘Zaire’’ insert: : Provided fur11 ther, That not less than $15,000,000 of the funds appro12 priated under this heading shall be made available for Cy13 prus to be used only for scholarships, bicommunal projects,

14 and measures aimed at the reunification of the island and

15 designed to reduce tensions, and promote peace and co16 operation between the two communities on Cyprus

17 Ω29æPage 14, line 9, after ‘‘Zaire’’ insert: : Provided fur18 ther, That not less than $7,000,000 of the funds appro19 priated under this heading shall be available only for the

20 Middle East Regional Cooperation Program

21 Ω30æPage 14, line 13, strike out ø$19,600,000¿ and in22 sert: $15,000,000

23 Ω31æPage 15, line 1, strike out ø$360,000,000¿ and in24 sert: $359,000,000
9

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1 Ω32æPage 15, line 3, after ‘‘assistance’’ insert: and for

2 related programs

3 Ω33æPage 16, line 1, strike out ø$875,500,000¿ and in4 sert: $839,000,000

5 Ω34æPage 16, line 4, after ‘‘paragraph’’ insert: : Pro6 vided further, That the President may transfer such funds

7 allocated to the Russian Federation to appropriations

8 available to the Department of Defense and other agencies

9 of the United States Government for the purposes of cooper10 ative threat reduction and countering the proliferation of

11 weapons of mass destruction under the provisions of title

12 XII of Public Law 103–160 and section 575 of Public Law

13 103–87: Provided further, That the amounts transferred

14 shall be available subject to the same terms and conditions

15 as the appropriations to which transferred: Provided fur16 ther, That the authority to make transfers pursuant to this

17 provision is in addition to any other transfer authority of

18 the President: Provided further, That the total amount of

19 any transfer authority utilized shall not exceed the amount

20 transferred by the Department of Defense to the Department

21 of State and other agencies under title VI of Public Law

22 103–87

23 Ω35æPage 17, line 8, strike out all after ‘‘relief’’ down

24 to and including ‘‘Europe’’ in line 16
10

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1 Ω36æPage 18, line 2, strike out øreprogramming¿ and

2 insert: notification

3 Ω37æPage 18, after line 3, insert:

4 (g Funds made available in this Act for assistance to

5 the New Independent States of the former Soviet Union

6 shall be subject to the provisions of section 117 (relating

7 to environment and natural resources) of the Foreign As8 sistance Act of 1961.

9 Ω38æPage 18, line 4, strike out ø(g)¿ and insert: (h)

10 Ω39æPage 18, line 6, strike out ø(h)¿ and insert: (i)

11 Ω40æPage 18, after line 11 insert:

12 (j) Of the funds appropriated under this heading,

13 $15,000,000 shall be available only for a family planning

14 program for the new independent states of the former Soviet

15 Union comparable to the family planning program cur16 rently administered by the Agency for International Devel17 opment in the Central Asian Republics and focusing on

18 population assistance which provides an alternative to

19 abortion: Provided, That of such amount, $6,000,000 shall

20 be available only for such a family planning program in

21 Russia, $3,000,000 shall be available only for such a family

22 planning program in Ukraine, Moldova, and Belarus, and

23 $6,000,000 shall be available only for such a family plan24 ning program in the Central Asian Republics.
11

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1 Ω41æPage 18, after line 11 insert:

2 (k) Of the funds appropriated under this heading, not

3 less than $150,000,000 shall be available for programs for

4 Ukraine: Provided, That of these funds not less than

5 $25,000,000 shall be made available for land privatization

6 activities and development of small and medium size busi7 nesses, including agriculture enterprises.

8 Ω42æPage 18, after line 11 insert:

9 (l) Not less than $75,000,000 of the funds appropriated

10 under this heading shall be available for programs and ac11 tivities for Armenia.

12 Ω43æPage 18, after line 11 insert:

13 (m) Not less than $50,000,000 of the funds appro14 priated under this heading shall be made available for pro15 grams for Georgia.

16 Ω44æPage 18, after line 11 insert:

17 (n) Not less than $5,000,000 of the funds appropriated

18 under this heading shall be made available for the capital19 ization of a Trans-Caucasus Enterprise Fund.

20 Ω45æPage 18, after line 11 insert:

21 (o) Every 180 days, the Administrator for the Agency

22 for International Development shall provide the Committees

23 on Appropriations with a report listing grants and con-
12

HR 4426 EAS1S

1 tracts issued from funds under this heading including the

2 type, amount and country where assistance is expended.

3 Ω46æPage 18, after line 11 insert:

4 (p) Not less than $15,000,000 of the funds appro5 priated under this heading shall be spent to support and

6 expand the hospital partnerships program conducted

7 throughout the NIS±.

8 Ω47æPage 18, after line 11 insert:

9 (q) Of the programs funded under this heading, it is

10 the sense of the Senate that a volunteer United States Tech

11 Corps should be funded for the purpose of providing tech12 nical assistance to the new independent states of the former

13 Soviet Union, particularly in the refrigeration of perishable

14 commodities.

15 Ω48æPage 18, after line 11 insert:

16 (r) Not less than $50,000,000 of the funds appro17 priated under this heading shall be made available for pro18 grams and activities which match United States private

19 sector resources with Federal funds.

20 Ω49æPage 18, after line 11 insert:

21 (s) Within sixty days of enactment of this Act, the Ad22 ministrator of the Agency for International Development

23 shall report to the Committees on Appropriations concern24 ing the feasibility of developing an outreach program which
13

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1 would make grants to partnerships between American com2 munities and organizations with cultural and ethnic ties

3 to the new independent states and their counterparts in the

4 new independent states.

5 Ω50æPage 18, after line 11 insert:

6 (t) Of the funds appropriated for the New Independent

7 States of the former Soviet Union and Eastern Europe, not

8 to exceed $15,000,000, shall be made available to the Fed9 eral Bureau of Investigation for transnational and inter10 national law enforcement cooperation with the New Inde11 pendent States of the former Soviet Union and the emerging

12 democracies of Eastern Europe to combat organized crime.

13 Ω51æPage 18, after line 11 insert:

14 (u) Not less than $15,000,000 of the funds appro15 priated under this heading shall be made available to the

16 International Criminal Investigative Training Assistance

17 Program (ICITAP) to undertake a police development and

18 training program to assist in institutional reforms and im19 prove the professional capabilities of Russian police agen20 cies: Provided, That funds made available shall be used to

21 support the following activities:

22 (1) develop and professionalize the criminal jus23 tice agencies;

24 (2) improve criminal investigative and forensic

25 capabilities;
14

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1 (3) establish institutional training capabilities

2 based on democratic principles of policing, and re3 spect for human rights and the rule of law;

4 (4) improve accountability of law enforcement

5 agencies by introducing systems and procedures for

6 investigating allegations of abuse or malfeasance.

7 Ω52æPage 18, after line 11 insert:

8 (v) Of the funds appropriated under this heading, not

9 less than 50 percent shall be made available for country

10 specific activities within bilateral, regional, or multilateral

11 programs, except as provided through the regular notifica12 tion procedures of the Committee on Appropriations.

13 Ω53æPage 19, line 20, strike out ø$219,745,000¿ and

14 insert: $221,745,000

15 Ω54æPage 20, line 7, strike out ø$115,000,000¿ and in16 sert: $100,000,000

17 Ω55æPage 20, line 7, after ‘‘$115,000,000’’ insert: : Pro18 vided, That during fiscal year 1995, the Department of

19 State may also use the authority of section 608 of the For20 eign Assistance Act of 1961, without regard to its restric21 tions, to receive non-lethal excess property from an agency

22 of the United States Government for the purpose of provid23 ing it to a foreign country under chapter 8 of part I of

24 that Act subject to the regular notification procedures of the
15

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1 Committees on Appropriations: Provided further, That not2 withstanding sections 489A and 490A of the Foreign Assist3 ance Act of 1961 and any reference in any provision of

4 law to such sections, and notwithstanding section 6(a) of

5 the International Narcotics Control Act of 1992, the provi6 sions of sections 489 and 490 of the Foreign Assistance Act

7 of 1961 shall apply during fiscal year 1995

8 Ω56æPage 20, line 20, strike out ø$670,688,000¿ and

9 insert: $671,000,000

10 Ω57æPage 20, line 24, after ‘‘State’’ insert: : Provided

11 further, That not less than $80,000,000 shall be made avail12 able for refugees from the former Soviet Union and Eastern

13 Europe and other refugees resettling in Israel

14 Ω58æPage 21, strike out lines 1 to 8

15 Ω59æPage 23, line 4, after ‘‘military’’ insert: , and may

16 also include individuals who are not members of a govern17 ment

18 Ω60æPage 23, line 6, strike out øIndonesia¿ and insert:

19 Rwanda

20 Ω61æPage 23, line 6, strike out all after ‘‘Zaire’’ down

21 to and including ’’Indonesia’’ in line 9
16

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1 Ω62æPage 23, line 11, after ‘‘program’’ insert: for fiscal

2 year 1995

3 Ω63æPage 23, line 15, after ‘‘forces’’ insert: : Provided

4 further, That none of the funds appropriated under this

5 heading may be made available for Thailand or Algeria ex6 cept through the regular notification procedures of the Com7 mittees on Appropriations: Provided further, That the Sec8 retary of State shall submit, by February 1, 1995, a report

9 to the Committees on Appropriations on the Thai military’s

10 support for the Khmer Rouge and the Thai Government’s

11 efforts to impede support for Burmese democracy advocates,

12 exiles, and refugees

13 Ω64æPage 23, after line 15, insert:

14 MILITARY-TO-MILITARY CONTACT PROGRAM

15 Ω65æPage 23, line 18, strike out ø, to¿ and insert: : Pro16 vided, That of this amount, $2,800,000 shall be made avail17 able only for activities in the area of responsibility of the

18 United States Pacific Command and $9,200,000 shall

19 Ω66æPage 23, line 23, strike out ø$3,149,279,000¿ and

20 insert: $3,151,279,000

21 Ω67æPage 23, line 23, strike out all after

22 ‘‘$3,149,279,000’’ over to and including ‘‘later’’ in line 3

23 on page 24 and insert: : Provided, That of the funds appro-
17

HR 4426 EAS1S

1 priated by this paragraph not less than $1,800,000,000

2 shall be available for grants only for Israel, and not less

3 than $1,300,000,000 shall be available for grants only for

4 Egypt: Provided further, That the funds appropriated by

5 this paragraph for Israel shall be disbursed within thirty

6 days of enactment of this Act or by October 31, 1994, which7 ever is later: Provided further, That to the extent that the

8 Government of Israel requests that funds be used for such

9 purposes, grants made available for Israel by this para10 graph shall, as agreed by Israel and the United States, be

11 available for advanced fighter aircraft programs or for other

12 advanced weapons systems, as follows: (1) up to

13 $150,000,000 shall be available for research and develop14 ment in the United States; and (2) not less than

15 $475,000,000 shall be available for the procurement in Is16 rael of defense articles and defense services, including re17 search and development

18 Ω68æPage 24, line 16, strike out all after ‘‘maturities’’

19 down to and including ‘‘ratio’’ in line 19 and insert: : Pro20 vided further, That funds appropriated under this heading

21 shall be made available for Greece and Turkey only on a

22 loan basis, and the principal amount of direct loans for

23 each country shall not exceed the following: $255,150,000

24 only for Greece and $364,500,000 only for Turkey
18

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1 Ω69æPage 24, line 19, strike out all after ‘‘ratio’’ over

2 to and including ‘‘funds’’ in line 10 on page 25 and insert:

3 : Provided further, That any agreement for the sale or pro4 vision of any defense article on the United States Munitions

5 List (established pursuant to section 38 of the Arms Export

6 Control Act) to Turkey utilizing funds made available

7 under this heading that is entered into by the United States

8 during fiscal year 1995 shall expressly state that the article

9 will not be used in violation of international law, and any

10 grant of any excess defense article under the Foreign Assist11 ance Act of 1961 during fiscal year 1995 shall be subject

12 to the same condition: Provided further, That in any case

13 in which a report to the Congress is required under section

14 3(c)(2) of the Arms Export Control Act regarding such a

15 violation, such report shall also be submitted to the Commit16 tees on Appropriations: Provided further, That the Sec17 retary of State, in consultation with the Secretary of De18 fense, shall submit a report to the Committees on Appro19 priations by February 1, 1995, describing how United

20 States assistance to Greece is promoting respect for prin21 ciples and obligations under the United Nations sanctions

22 against Serbia, the United Nations Charter and the Hel23 sinki Accords

24 Ω70æPage 26, line 3, strike out øPeru, and Malawi¿ and

25 insert: and Peru
19

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1 Ω71æPage 26, line 6, strike out øcertifies¿ and insert:

2 determines and reports

3 Ω72æPage 26, line 7, after ‘‘activities’’ insert: : Provided

4 further, That funds made available under this heading may

5 be used, notwithstanding any other provision of law, for

6 demining activities, and may include activities imple7 mented through nongovernmental and international organi8 zations

9 Ω73æPage 27, line 22, strike out øthe fiscal year 1994¿

10 and insert: fiscal year 1995

11 Ω74æPage 28, after line 4 insert:

12 SPECIAL DEFENSE ACQUISITION FUND

13 Notwithstanding any provision of Public Law 102–

14 391 as amended by Public Law 103–87, not to exceed

15 $140,000,000 of the obligational authority provided in that

16 Act under the heading ‘‘Special Defense Acquisition Fund’’

17 may be obligated pursuant to section 51(c)(2) of the Arms

18 Export Control Act.

19 Not to exceed $20,000,000 may be obligated pursuant

20 to section 51(c)(2) of the Arms Export Control Act for the

21 purposes of closing the Special Defense Acquisition Fund,

22 to remain available for obligation until September 30,

23 1998: Provided, That the authority provided in this Act is

24 not used to initiate new procurements.
20

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1 Ω75æPage 28, after line 5 insert:

2 (INCLUDING TRANSFER OF FUNDS)

3 Ω76æPage 28, line 8, after ‘‘$75,000,000’’ insert: : Pro4 vided, That of this amount up to $850,000 may be trans5 ferred to, and merged with, funds appropriated under the

6 heading ‘‘International Military Education and Training’’

7 to carry out the provisions of section 541 of the Act: Pro8 vided further, That funds transferred under the previous

9 proviso shall be in addition to amounts that may be trans10 ferred between accounts under the authority of any other

11 provision of law

12 Ω77æPage 29, line 7, strike out ø$792,653,000¿ and in13 sert: $786,551,000

14 Ω78æPage 29, line 10, strike out all after ‘‘1974’’ down

15 to and including ‘‘$19,000,000,000’’ in line 15

16 Ω79æPage 30, line 12, strike out ø$44,550,000¿ and in17 sert: $45,228,000

18 Ω80æPage 30, line 23, after ‘‘heading’’ insert: : Provided

19 further, That, notwithstanding subsection (b) of section 117

20 of the Export Enhancement Act of 1992, subsection (a)

21 thereof shall remain in effect until October 1, 1995

22 Ω81æPage 31, strike out lines 3 to 25, and insert:
21

HR 4426 EAS1S

1 NONCREDIT ACCOUNT

2 The Overseas Private Investment Corporation is au3 thorized to make, without regard to fiscal year limitations,

4 as provided by 31 U.S.C. 9104, such expenditures and com5 mitments within the limits of funds available to it and in

6 accordance with law as may be necessary: Provided, That

7 the amount available for administrative expenses to carry

8 out the credit and insurance programs (including an

9 amount for official reception and representation expenses

10 which shall not exceed $35,000) shall not exceed

11 $24,322,000: Provided further, That project-specific trans12 action costs, including direct and indirect costs incurred

13 in claims settlements, and other direct costs associated with

14 services provided to specific investors or potential investors

15 pursuant to section 234 of the Foreign Assistance Act of

16 1961 shall not be considered administrative expenses for the

17 purposes of this heading.

18 PROGRAM ACCOUNT

19 For the cost of direct and guaranteed loans,

20 $34,944,000, as authorized by section 234 of the Foreign

21 Assistance Act of 1961, to be derived by transfer from the

22 Overseas Private Investment Corporation Noncredit Ac23 count: Provided, That such costs, including the cost of modi24 fying such loans, shall be as defined in section 502 of the

25 Congressional Budget Act of 1974: Provided further, That

26 not less than $24,944,000 of such subsidy shall be available
22

HR 4426 EAS1S

1 for direct loan obligations and loan guaranty commitments

2 incurred or made during fiscal years 1995 and 1996, and

3 the remainder of such subsidy shall be available for such

4 purposes without fiscal year limitation: Provided further,

5 That such sums that are made available during fiscal years

6 1995 and 1996 shall remain available through fiscal year

7 2003 for the disbursement of direct and guaranteed loans

8 obligated in fiscal year 1995, and through 2004 for the dis9 bursement of direct and guaranteed loans obligated in fiscal

10 year 1996: Provided further, That such sums that are obli11 gated after fiscal year 1996 shall remain available for the

12 disbursement of direct and guaranteed loans through the

13 end of the eighth fiscal year after the fiscal year in which

14 such sums were obligated. In addition, such sums as may

15 be necessary for administrative expenses to carry out the

16 credit program may be derived from amounts available for

17 administrative expenses to carry out the credit and insur18 ance programs in the Overseas Private Investment Corpora19 tion Noncredit Account and merged with said account.

20 Ω82æPage 34, lines 19 and 20, strike out øSocialist Re21 public of Vietnam,¿

22 Ω83æPage 41, lines 19 and 20, strike out ø(including the

23 military-to-military contact program),¿ and insert: ‘‘Mili24 tary-to-Military Contact Program’’,
23

HR 4426 EAS1S

1 Ω84æPage 42, line 2, strike out øProvided,¿ and insert:

2 : Provided, That only those activities, programs, projects,

3 type of material assistance, countries, or other operations

4 referred to under this paragraph which have been justified

5 through Congressional Presentation documents and/or

6 budget justification documents presented in the same format

7 and in the same level of detail as provided in fiscal year

8 1993 shall be considered to be justified under the language

9 of this paragraph: Provided further,

10 Ω85æPage 46, line 17, after ‘‘Colombia,’’ insert: Domini11 can Republic,

12 Ω86æPage 48, line 8, after ‘‘ceiling’’ insert: established

13 pursuant to any provision of law or regulation

14 Ω87æPage 48, line 26, strike out øthe Socialist Republic

15 of Vietnam,¿

16 Ω88æPage 49, line 1, after ‘‘Korea,’’ insert: or the

17 Ω89æPage 49, lines 1 and 2, strike out ø, or Laos¿

18 Ω90æPage 49, line 25, strike out øsubject to¿ and insert:

19 notwithstanding

20 Ω91æPage 50, line 2, after ‘‘1956’’ insert: : Provided,

21 That the Secretary of the Treasury may, to fulfill commit22 ments of the United States, (a) subscribe to and make pay-
24

HR 4426 EAS1S

1 ment for shares of the Inter-American Development Bank,

2 make contributions to the Fund for Special Operations of

3 that Bank, and vote for resolutions (including amendments

4 to that Bank’s constitutive agreement), all in connection

5 with the eighth general increase in resources of that Bank;

6 and (b) contribute to the Restructured Global Environment

7 Facility under its Instrument, to the African Development

8 Fund in connection with the seventh general replenishment

9 of its resources, and to the Interest Subsidy Account of the

10 successor to the Enhanced Structural Adjustment Facility

11 of the International Monetary Fund. The amount to be paid

12 in respect of each such contribution or subscription is au13 thorized to be appropriated without fiscal year limitation.

14 Each such subscription or contribution shall be effective

15 only to such extent or in such amounts as are provided in

16 advance in appropriations Acts

17 Ω92æPage 53, line 5, strike out ømarine¿

18 Ω93æPage 53, line 6, strike out ømarine¿

19 Ω94æPage 60, line 18, after ‘‘Iraq’’ insert: , Serbia, and

20 Montenegro

21 Ω95æPage 61, line 7, after ‘‘Iraq’’ insert: , Serbia, or

22 Montenegro, as the case may be
25

HR 4426 EAS1S

1 Ω96æPage 61, line 13, after ‘‘Iraq’’ insert: , Serbia, or

2 Montenegro

3 Ω97æPage 61, line 15 after ‘‘Iraq’’ insert: , Serbia, or

4 Montenegro, as the case may be

5 Ω98æPage 61, line 26, after ‘‘to’’ insert: Vietnam,

6 Ω99æPage 67, line 6, after ‘‘transfer’’ insert: , subject to

7 the regular notification procedures of the Committees on

8 Appropriations,

9 Ω100æPage 67, line 9, after ‘‘fense’’ insert: and defense

10 services of the Department of Defense

11 Ω101æPage 68, strike out lines 3 to 13

12 Ω102æPage 69, line 1, strike out øCambodian¿

13 Ω103æPage 69, line 12, after ‘‘warming’’ insert: , and

14 for the purpose of supporting biodiversity conservation ac15 tivities

16 Ω104æPage 72, after line 15 insert:

17 (b) Of the funds appropriated by this Act under the

18 heading ‘‘Economic Support Fund’’, notwithstanding sec19 tion 660 of the Foreign Assistance Act of 1961, up to

20 $3,000,000 may be made available, subject to the regular

21 notification procedures of the Committees on Appropria22 tions, for technical assistance, training, and commodities
26

HR 4426 EAS1S

1 with the objective of creating a professional civilian police

2 force for Panama, and for programs to improve penal insti3 tutions and the rehabilitation of offenders in Panama

4 (which programs may be conducted other than through mul5 tilateral or regional institutions), except that such technical

6 assistance shall not include more than $1,000,000 for the

7 procurement of equipment for law enforcement purposes,

8 and shall not include lethal equipment.

9 Ω105æPage 72, line 16, strike out ø(b)¿ and insert: (c)

10 Ω106æPage 72, line 19, strike out ø(a)(1)¿ and insert:

11 (a)

12 Ω107æPage 72, line 20, strike out ø(a)(2)¿ and insert:

13 (b)

14 Ω108æPage 76, line 10, after ‘‘553.’’ insert: (a)

15 Ω109æPage 76, after line 16, insert:

16 (b) The authority of section 518 of the Foreign Assist17 ance Act of 1961 may be exercised notwithstanding any

18 other provision of law.

19 Ω110æPage 80, after line 13, insert:

20 (1) a full and independent investigation con21 ducted relating to issues raised by the discovery, after

22 the May 23 explosion in Managua, of weapons caches,

23 false passports, identity papers and other documents,
27

HR 4426 EAS1S

1 suggesting the existence of a terrorist/kidnapping

2 ring;

3 Ω111æPage 80, line 14, strike out ø(1)¿ and insert: (2)

4 Ω112æPage 80, line 17, after ‘‘23’’ insert: , 1993,

5 Ω113æPage 80, line 22, strike out ø(2)¿ and insert: (3)

6 Ω114æPage 80, line 24, strike out ø(3)¿ and insert: (4)

7 Ω115æPage 81, line 4, strike out ø(4)¿ and insert: (5)

8 Ω116æPage 81, line 8, strike out ø(5)¿ and insert: (6)

9 Ω117æPage 81, line 11, strike out ø(6)¿ and insert: (7)

10 Ω118æPage 82, strike out all after line 22 over to and

11 including line 16 on page 84 and insert:

12 SEC. 561. (a) AUTHORITY TO REDUCE DEBT.—The

13 President may reduce amounts owed to the United States

14 (or any agency of the United States) by an eligible country

15 as a result of—

16 (1) guarantees issued under sections 221 and 222

17 of the Foreign Assistance Act of 1961; or

18 (2) credits extended or guarantees issued under

19 the Arms Export Control Act.

20 (b) LIMITATIONS.—

21 (1) The authority provided by subsection (a)

22 may be exercised only to implement multilateral offi-
28

HR 4426 EAS1S

1 cial debt relief and referendum agreements, commonly

2 referred to as ‘‘Paris Club Agreed Minutes’’.

3 (2) The authority provided by subsection (a)

4 may be exercised only in such amounts or to such ex5 tent as is provided in advance by appropriations

6 Acts.

7 (3) The authority provided by subsection (a)

8 may be exercised only with respect to countries with

9 heavy debt burdens that are eligible to borrow from

10 the International Development Association, but not

11 from the International Bank for Reconstruction and

12 Development, commonly referred to as ‘‘IDA-only’’

13 countries.

14 (c) CONDITIONS.—The authority provided by sub15 section (a) may be exercised only with respect to a country

16 whose government—

17 (1) does not have an excessive level of military

18 expenditures;

19 (2) has not repeatedly provided support for acts

20 of international terrorism;

21 (3) is not failing to cooperate on international

22 narcotics control matters;

23 (4) (including its military or other security

24 forces) does not engage in a consistent pattern of gross
29

HR 4426 EAS1S

1 violations of internationally recognized human rights;

2 and

3 (5) has not nationalized, expropriated, or other4 wise seized ownership or control of property owned by

5 any United States person and has not either—

6 (A) returned the property;

7 (B) provided adequate and effective com8 pensation for such property in convertible for9 eign exchange or other mutually acceptable com10 pensation equivalent to the full value thereof, as

11 required by international law;

12 (C) offered a domestic procedure providing

13 prompt, adequate and effective compensation in

14 accordance with international law; or

15 (D) submitted the dispute to arbitration

16 under the rules of the Convention for the Settle17 ment of Investment disputes or other mutually

18 agreeable binding international arbitration pro19 cedure.

20 (d) AVAILABILITY OF FUNDS.—The authority provided

21 by subsection (a) may be used only with regard to funds

22 appropriated by this Act under the heading ‘‘Debt Restruc23 turing’’.

24 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc25 tion of debt pursuant to subsection (a) shall not be consid-
30

HR 4426 EAS1S

1 ered assistance for purposes of any provision of law limit2 ing assistance to a country. The authority provided by sub3 section (a) may be exercised notwithstanding section 620(r)

4 of the Foreign Assistance Act of 1961.

5 Ω119æPage 87, line 12, strike out all after ‘‘Gaza’’ down

6 to and including ‘‘Congress’’ in line 14

7 Ω120æPage 87, after line 14, insert:

8 FACILITATE PEACE IN MIDDLE EAST

9 SEC. 565A. ADDITIONAL CONGRESSIONAL EXPECTA10 TION.—Section 583(b)(5) of the Middle East Peace Facilita11 tion Act is amended—

12 (1) by striking ‘‘and’’ at the end of subpara13 graph (C);

14 (2) by striking the period at the end of subpara15 graph (D) and inserting ‘‘; and’’; and

16 (3) by adding at the end the following new sub17 paragraph:

18 ‘‘(E) amending its National Covenant to

19 eliminate all references calling for the destruc20 tion of Israel.’’.

21 Ω121æPage 88, strike out lines 7 to 23 and insert:

22 IMPLEMENTATION OF WORLD BANK RECOMMENDATIONS

23 SEC. 567. (a) Funds appropriated by title I of this

24 Act under the headings ‘‘Contribution to the International
31

HR 4426 EAS1S

1 Bank for Reconstruction and Development’’ and ‘‘Contribu2 tion to the International Development Association’’ shall be

3 available for payment to such institutions as follows:

4 (1) 50 percent of the funds appropriated under

5 each such heading shall be made available prior to

6 April 1, 1995, only if the Secretary of the Treasury

7 makes the determination (and so reports to the Com8 mittees on Appropriations) described in paragraph

9 (3) of this subsection at any time prior to that date.

10 (2) 50 percent of the funds appropriated under

11 each such heading shall be made available on April

12 1, 1995, or thereafter, only if the Secretary of the

13 Treasury makes the determination (and so reports to

14 the Committees on Appropriations) described in para15 graph (3) of this subsection at any time on or after

16 that date.

17 (3) The determinations referred to in paragraphs

18 (1) and (2) are determinations that the International

19 Bank for Reconstruction and Development is—

20 (A) implementing the recommendations con21 tained in ‘‘Next Steps’’, the follow-up to the

22 Wapenhans Report;

23 (B) implementing the action plan contained

24 in chapter 8 of its April 8, 1994, resettlement re25 view entitled ‘‘Resettlement and Development’’;
32

HR 4426 EAS1S

1 (C) implementing the Bank’s procedures on

2 Disclosure of Operational Information issued in

3 September 1993; and

4 (D) actively encouraging borrowing govern5 ments to publicly disclose information on struc6 tural adjustment programs.

7 (b) Funds appropriated by title I of this Act under

8 the heading ‘‘Contribution to the International Finance

9 Corporation’’ shall be available for payment to such institu10 tion as follows:

11 (1) 50 percent of the funds appropriated under

12 such heading shall be made available prior to April

13 1, 1995, only if the Secretary of the Treasury makes

14 the determination (and so reports to the Committees

15 on Appropriations) described in paragraph (3) of this

16 subsection.

17 (2) 50 percent of the funds appropriated under

18 such heading shall be made available on or after

19 April 1, 1995, only if the Secretary of the Treasury

20 makes the determination (and so reports to the Com21 mittees on Appropriations) described in paragraph

22 (3) of this subsection.

23 (3) The determinations referred to in paragraphs

24 (1) and (2) are determinations that the International

25 Finance Corporation is pursuing reforms comparable
33

HR 4426 EAS1S

1 to those adopted by the International Bank for Recon2 struction and Development regarding the environ3 ment, information disclosure, and resettlement.

4 Ω122æPage 89, lines 2 and 3, strike out øit has been

5 made known to the President that¿

6 Ω123æPage 89, line 14, strike out øand Lithuania¿ and

7 insert: Lithuania, or countries other than Russia

8 Ω124æPage 89, strike out all after line 18 over to and

9 including line 4 on page 91

10 Ω125æPage 91, after line 4 insert:

11 MILITARY EXPENDITURES BY RECIPIENTS OF

12 MULTILATERAL ASSISTANCE

13 SEC. 569. The Secretary of the Treasury shall instruct

14 the United States Executive Director of each international

15 financial institution to vote against any loan or any exten16 sion of assistance to any country which fails to make avail17 able to such institution the most recent accurate and com18 plete data on annual expenditures for its armed forces, un19 less such assistance is directed specifically to programs

20 which serve the basic human needs of the citizens of such

21 country.

22 Ω126æPage 91, lines 15 and 16, strike out øa notice de23 scribing the statement made in subsection (a) by the Con-
34

HR 4426 EAS1S

1 gress¿ and insert: notice consistent with subsection (a) and

2 section 604(a) of the Foreign Assistance Act of 1961

3 Ω127æPage 91, after line 16, insert:

4 WEST BANK AND GAZA ECONOMIC DEVELOPMENT FUND

5 SEC. 571. Of the funds appropriated by this Act under

6 the heading ‘‘Economic Support Fund’’, not less than

7 $20,000,000 should be made available to support the cre8 ation and expansion of small and medium-sized businesses,

9 including agricultural enterprises, in the West Bank and

10 Gaza. All or any part of such funds may be used for the

11 subsidy cost of direct loans and loan guarantees as defined

12 in section 502 of the Congressional Budget Act of 1974.

13 Funds made available under this heading shall be subject

14 to the regular notification procedures of the Committees on

15 Appropriations.

16 Ω128æPage 91, after line 16, insert:

17 AGRICULTURAL AID TO THE NEW INDEPENDENT STATES OF

18 THE FORMER SOVIET UNION

19 SEC. 572. Of the funds appropriated by title II of this

20 Act under the heading ‘‘Assistance for the New Independent

21 States of the Former Soviet Union’’ up to $50,000,000

22 should be made available only for provision of United

23 States agricultural commodities to address the food and nu24 trition needs of the people of the new independent states

25 of the former Soviet Union: Provided, That in providing
35

HR 4426 EAS1S

1 assistance under this section, primary emphasis shall be

2 given to meeting the food and nutrition needs of children

3 and pregnant and post-partum women: Provided further,

4 That funds made available for the purposes of this section

5 may be used for transportation of United States agricul6 tural commodities provided under this section: Provided

7 further, That the President may enter into agreements with

8 the governments of the new independent states and non9 governmental organizations to provide for the sale of any

10 part of the United States agricultural commodities in the

11 new independent states for local currencies: Provided fur12 ther, That any such local currencies shall be used in the

13 new independent states to process, transport, store, distrib14 ute or otherwise enhance the effectiveness of the use of

15 United States agricultural commodities provided under this

16 section, and to support agricultural and rural development

17 activities.

18 Ω129æPage 91, after line 16, insert:

19 EXPORT FINANCING TRANSFER AUTHORITIES

20 SEC. 573. Not to exceed 5 percent of any appropriation

21 other than for administrative expenses made available for

22 the current fiscal year for programs under title IV of this

23 Act may be transferred between such appropriations for use

24 for any of the purposes, programs and activities for which

25 the funds in such receiving account may be used, but no
36

HR 4426 EAS1S

1 such appropriation, except as otherwise specifically pro2 vided, shall be increased by more than 25 percent by any

3 such transfer: Provided, That the exercise of such authority

4 shall be subject to the regular notification procedures of the

5 Committees on Appropriations: Provided further, That

6 $12,000,000 shall be immediately transferred from funds

7 available to the Export-Import Bank for fiscal year 1994

8 to the Overseas Private Investment Corporation, and

9 $1,000,000 shall be immediately transferred from funds

10 available to the Export-Import Bank for fiscal year 1994

11 to the Trade and Development Agency: Provided further,

12 That the provisions of the previous proviso shall be effective

13 on the date of enactment of this Act.

14 Ω130æPage 91, after line 16, insert:

15 INCAE

16 SEC. 574. The Government of Nicaragua may assume

17 the obligation of the Central American Institute of Business

18 Administration (INCAE) to make payment to the United

19 States under a loan made to INCAE pursuant to an Alli20 ance for Progress Loan Agreement dated April 25, 1972:

21 Provided, That such payment shall be for the cost, as de22 fined in section 13201 of the Budget Enforcement Act of

23 1990, of such obligation and shall relieve INCAE of any

24 further liability to the United States for payment of interest
37

HR 4426 EAS1S

1 and principal under such loan notwithstanding section

2 620(r) of the Foreign Assistance Act of 1961.

3 Ω131æPage 91, after line 16, insert:

4 MONGOLIA

5 SEC. 575. Section 620(f) of the Foreign Assistance Act

6 of 1961 is amended by striking ‘‘Mongolian People’s Repub7 lic.’’ from the list contained therein.

8 Ω132æPage 91, after line 16, insert:

9 REPORT ON COMPLIANCE WITH COMMITMENTS

10 SEC. 576. Section 804(b) of title VIII of Public Law

11 101–246 (PLO Commitments Compliance Act of 1989) is

12 amended—

13 (1) in paragraph (9) by striking ‘‘; and’’ and in14 serting in lieu thereof ‘‘;’’;

15 (2) by striking the period at the end of para16 graph (10) and inserting in lieu thereof ‘‘; and’’; and

17 (3) by adding the following new paragraph:

18 ‘‘(11) measures taken by the PLO to prevent acts

19 of terrorism, crime and hostilities and to legally pun20 ish offenders, as called for in the Gaza-Jericho agree21 ment of May 4, 1994.’’.

22 Ω133æPage 91, after line 16, insert:
38

HR 4426 EAS1S

1 WAR CRIMES TRIBUNALS

2 SEC. 577. If the President determines that doing so

3 will contribute to a just resolution of charges regarding

4 genocide or other violations of international humanitarian

5 law, the authority of section 552(c) of the Foreign Assist6 ance Act of 1961, as amended, may be used to provide up

7 to $25,000,000 of commodities and services to the United

8 Nations War Crimes Tribunal established with regard to

9 the former Yugoslavia by the United Nations Security

10 Council or such other tribunals or commissions as the Coun11 cil may establish to deal with such violations, without re12 gard to the ceiling limitation contained in paragraph (2)

13 thereof: Provided, That the determination required under

14 this section shall be in lieu of any determinations otherwise

15 required under section 552(c): Provided further, That 60

16 days after the date of enactment of this Act, and every 180

17 days thereafter, the Secretary of State shall submit a report

18 to the Committees on Appropriations describing the steps

19 the United States Government is taking to collect informa20 tion regarding allegations of genocide or other violations

21 of international law in the former Yugoslavia and to fur22 nish that information to the United Nations War Crimes

23 Tribunal for the former Yugoslavia.

24 Ω134æPage 91, after line 16, insert:
39

HR 4426 EAS1S

1 DONATION OF SURPLUS AGRICULTURAL COMMODITIES TO

2 POLAND

3 SEC. 578. (a) EXTENSION OF AUTHORIZATION.—Sec4 tion 2223(a) of the American Aid to Poland Act of 1988

5 (7 U.S.C. 1431 note) is amended by striking ‘‘1988 through

6 1992’’ and inserting ‘‘1995 through 1999’’.

7 (b) DEFINITION OF ELIGIBLE COMMODITIES.—Section

8 2223(b)(1) of that Act is amended by inserting ‘‘, soybeans,

9 and soybean products’’ after ‘‘feed grains’’.

10 (c) ELIGIBLE ACTIVITIES.—Section 416(b)(7)(D)(ii)

11 of the Agricultural Act of 1949 (7 U.S.C. 1431(b)(7)(D)(ii))

12 is amended in the third sentence—

13 (1) by striking ‘‘and’’ at the end of subclause

14 (II);

15 (2) by striking the period at the end and insert16 ing ‘‘; and’’; and

17 (3) by adding at the end the following new

18 subclause:

19 ‘‘(IV) the Polish Catholic Episcopate’s Rural

20 Water Supply Foundation.’’.

21 (d) EFFECTIVE DATE.—The amendments made by this

22 section shall take effect October 1, 1994.

23 Ω135æPage 91, after line 16, insert:
40

HR 4426 EAS1S

1 BUY AMERICA

2 SEC. 579. (a) None of the funds appropriated or other3 wise made available by this Act may be obligated or ex4 pended to pay any United States voluntary contribution

5 for United Nations peacekeeping activities unless the Sec6 retary of State determines and certifies to the appropriate

7 congressional committees that United States manufacturers

8 and suppliers are being given opportunities to provide

9 equipment, services, and material for such activities equal

10 to those being given to foreign manufacturers and suppliers

11 for such activities and for other United Nations acqusition

12 needs.

13 (b) For purpose of this section, the term ‘‘appropriate

14 congressional committees’’ means the Committees on Appro15 priations and Foreign Affairs of the House of Representa16 tives and the Committees on Appropriations and Foreign

17 Relations of the Senate.

18 Ω136æPage 91, after line 16, insert:

19 TELECOMMUNICATIONS PROCUREMENT

20 SEC. 580. It is the sense of the Congress that the Agen21 cy for International Development, and other agencies as ap22 propriate, should take steps to ensure that United States

23 firms are not unfairly disadvantaged in procurement op24 portunities related to promoting development through tele25 communications enhancement. The Congress expects that
41

HR 4426 EAS1S

1 high technology firms primarily owned by nationals of

2 countries which deny procurement opportunities to United

3 States firms will not be eligible to bid on procurement op4 portunities funded by programs in this Act. In particular,

5 the Congress would oppose such purchases if the government

6 of that country restricts American manufacturers of the

7 same high technology products from government procure8 ment or government-financed programs.

9 Ω137æPage 91, after line 16, insert:

10 COUNTRY DEVELOPMENT POLICIES REPORT

11 SEC. 581. (a) REPORTING REQUIREMENT.—The Sec12 retary of State shall, by March 31, 1995, submit to the Com13 mittees on Appropriations a report providing a concise

14 overview of the prospects for economic growth on a broad,

15 equitable, and sustainable basis in the countries receiving

16 economic assistance under title II of this Act. For each

17 country, the report shall discuss the laws, policies, and

18 practices of that country that most contribute to or detract

19 from the achievement of this kind of growth. The report

20 should address relevant macroeconomic, microeconomic, so21 cial, legal, environmental, and political factors.

22 (b) COUNTRIES.—The countries referred to in sub23 section (a) are countries—

24 (1) for which in excess of a total of $5,000,000

25 has been obligated during the previous fiscal year for
42

HR 4426 EAS1S

1 assistance under sections 103 through 106, chapters

2 10 and 11 of part I, and chapter 4 of part II of the

3 Foreign Assistance Act of 1961, and under the Sup4 port for East European Democracy Act of 1989; or

5 (2) for which in excess of $1,000,000 has been ob6 ligated during the previous fiscal year for assistance

7 administered by the Overseas Private Investment Cor8 poration.

9 (c) CONSULTATION.—The Secretary of State shall sub10 mit the report required by subsection (a) in consultation

11 with the Secretary of the Treasury, the Administrator of

12 the Agency for International Development, and the Presi13 dent of the Overseas Private Investment Corporation.

14 Ω138æPage 91, after line 16, insert:

15 NONLETHAL EXCESS DEFENSE ARTICLES

16 Sec. 582. Notwithstanding section 519(f) of the Foreign

17 Assistance Act of 1961, during fiscal year 1995, funds

18 available to the Department of Defense may be expended

19 for crating, packing, handling and transportation of

20 nonlethal excess defense articles transferred under the au21 thority of section 519 to Albania.

22 Ω139æPage 91, after line 16, insert:

23 LANDMINES

24 SEC. 583. Notwithstanding any other provision of law,

25 demining equipment available to any department or agency
43

HR 4426 EAS1S

1 and used in support of the clearing of landmines for hu2 manitarian purposes may be disposed of on a grant basis

3 in foreign countries, subject to such terms and conditions

4 as the President may prescribe.

5 Ω140æPage 91, after line 16, insert:

6 PROHIBITION ON PAYMENT OF CERTAIN EXPENSES

7 SEC. 584. None of the funds appropriated or otherwise

8 made available by this Act under the heading ‘‘INTER9 NATIONAL MILITARY EDUCATION AND TRAINING’’ or ‘‘FOR10 EIGN MILITARY FINANCING PROGRAM’’ for Informational

11 Program activities may be obligated or expended to pay

12 for—

13 (1) alcoholic beverages;

14 (2) food (other than food provided at a military

15 installation) not provided in conjunction with Infor16 mational Program trips where students do not stay at

17 a military installation; or

18 (3) entertainment expenses for activities that are

19 substantially of a recreational character, including

20 entrance fees at sporting events and amusement

21 parks.

22 Ω141æPage 91, after line 16, insert:

23 BURMA

24 SEC. 585. (1) The Senate finds that:
44

HR 4426 EAS1S

1 (A) The Burmese people overwhelmingly voted in

2 1990 to begin a process of political and economic re3 form based on a fundamental respect for human

4 rights and freedom of political expression by resound5 ingly rejecting the military-led government of the

6 State Law and Order Restoration Council (SLORC),

7 and electing a coalition government headed by the

8 National League for Democracy;

9 (B) SLORC refused to recognize the will of the

10 Burmese people and in the wake of the election

11 launched a bloody crackdown against the

12 prodemocracy movement killing some activists

13 through torture; others were imprisoned or forced to

14 flee Burma;

15 (C) Since that time, all political dissent has been

16 banned with violators arrested, jailed often beaten

17 and sometimes executed for attempting to express

18 their political beliefs. The United States and United

19 Nations have repeatedly identified SLORC as one of

20 the worst offenders of human rights in the world;

21 (D) SLORC and military officials have a long

22 history of complicity in drug trafficking and produc23 tion;

24 (E) The forced conscription of rural villagers in25 cluding the elderly, pregnant women, and children as
45

HR 4426 EAS1S

1 slave labor to carry arms and ammunition for the

2 military, and build roads and bridges for government

3 projects continues. Slave porters are routinely mal4 nourished, beaten, often raped and sometimes executed

5 if they fail to perform work ordered by military offi6 cials;

7 (F) The massive infusion of new arms into

8 Burma poses a direct threat to regional stability; and

9 (G) The actions of the government of Thailand

10 in harassing an forcibly repatriating Burmese refu11 gees is of deep concern to the United States.

12 (2) The Senate of the United States of America calls

13 for:

14 (A) SLORC to immediately and unconditionally

15 release the leader of the National League for Democ16 racy, Aung San Suu Kyi, from house arrest and in17 stall the legitimate government of Burma;

18 (B) Immediate access to political detainees or

19 convicted prisoners of any kind by representatives of

20 the International Committee of the Red Cross.

21 (C) The regime in Rangoon to take real and

22 meaningful action against drug smugglers and cor23 rupt government officials to combat the flood of

24 opium and heroin coming from Burma;
46

HR 4426 EAS1S

1 (D) International corporations investing or seek2 ing business opportunities in Burma to recognize

3 SLORC’s policy of political repression, abuse of

4 human rights, use of slave labor, and complicity in

5 drug trafficking and refrain from investing in

6 Burma;

7 (E) The international community to ban selling

8 weapons to SLORC;

9 (F) The international community to recognize

10 the plight of Burmese refugees and take whatever steps

11 may be necessary to guarantee their safety and

12 human rights.

13 Ω142æPage 91, after line 16, insert:

14 EMERGENCY PROJECTS IN BOSNIA AND HERZEGOVINA

15 SEC. 586. Of the funds appropriated by this Act, not

16 less than $10,000,000 shall be available only for emergency

17 winterization and rehabilitation projects and for the rees18 tablishment of essential services in Bosnia and

19 Herzegovina.

20 Ω143æPage 91, after line 16, insert:

21 HUMANITARIAN ASSISTANCE FOR BOSNIA AND

22 HERZEGOVINA

23 SEC. 587. Of the funds appropriated by this Act, not

24 less than $5,000,000 shall be available only for medical

25 equipment, medical supplies, and medicine to Bosnia and
47

HR 4426 EAS1S

1 Herzegovina, and for the repair and reconstruction of hos2 pitals, clinics, and medical facilities in Bosnia and

3 Herzegovina.

4 Ω144æPage 91, after line 16, insert:

5 POVERTY REDUCTION EMPHASIS FOR DEVELOPMENT

6 ASSISTANCE

7 SEC. 588. (a) Of the total amount of funds appro8 priated by this Act to carry out chapters 1 and 10 of part

9 I of the Foreign Assistance Act of 1961, a substantial per10 centage of the funds shall be available only to finance pro11 grams, projects, and activities that directly improve the

12 lives of the poor, with special emphasis on those individuals

13 living in absolute poverty.

14 (b) It is the sense of Congress that the President, in

15 carrying out this section, should—

16 (1) promulgate appropriate standards for identi17 fying those populations living in poverty;

18 (2) establish a program performance, monitor19 ing, and evaluation capacity within the Agency for

20 International Development that will develop and pre21 pare, in consultation with both local and inter22 national nongovernmental organizations, appropriate

23 indicators and criteria for monitoring and evaluation

24 of progress toward poverty reduction; and
48

HR 4426 EAS1S

1 (3) take steps necessary to increase the direct in2 volvement of the poor in project design, implementa3 tion and evaluation, including increasing opportuni4 ties for direct funding of local nongovernmental orga5 nizations serving these populations, and other local

6 capacity-building measures.

7 (c) The Congress urges the President, not later than

8 April 1, 1995, to submit to the Congress a report setting

9 forth the progress made in carrying out this section.

10 Ω145æPage 91, after line 16, insert:

11 PAYMENTS-IN-KIND AS VOLUNTARY CONTRIBUTIONS TO

12 UNITED NATIONS PEACEKEEPING ACTIVITIES

13 SEC. 589. It is the sense of the Congress that—

14 (1) United States voluntary contributions to

15 peacekeeping operations conducted by the United Na16 tions may consist of contributions of excess defense ar17 ticles or may be in the form of payments made di18 rectly to United States companies providing goods

19 and services in support of United Nations peacekeep20 ing activities; and

21 (2) such contributions should be made in con22 sultation with the Secretaries of State and Defense.

23 Ω146æPage 91, after line 16, insert:
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1 POLICY REGARDING HUMANITARIAN AID TO HAITI

2 SEC. 590. It is the sense of the Senate that the Sec3 retary of State, the Secretary of the Treasury, and the Ad4 ministrator of the Agency for International Development

5 should expedite approval of valid applications for emer6 gency medical evacuation flights out of Haiti and for hu7 manitarian aid flights to Haiti, where such aid consists

8 of food, medicine, or medical supplies, or spare parts or

9 equipment for the transportation or distribution of humani10 tarian aid by nongovernmental or private voluntary orga11 nizations.

12 Ω147æPage 91, after line 16, insert:

13 LOANS TO NATIONS THAT ENFORCE THE ARAB BOYCOTT OF

14 ISRAEL

15 SEC. 591. The President should use the voice and vote

16 of the United States in all multilateral banks of which the

17 United States is a member to ensure that no loans are given

18 to nations which support or encourage the primary, second19 ary or tertiary boycott of Israel.

20 Ω148æPage 91, after line 16, insert:

21 CAMBODIA

22 SEC. 592. (a) FINDINGS.—The Senate finds that—

23 (1) Peace in Cambodia promotes stability in

24 Southeast Asia.
50

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1 (2) The newly democratic nation of Cambodia is

2 engaged in a continuing military struggle against the

3 Khmer Rouge.

4 (3) Peace talks between the government of Cam5 bodia and the Khmer Rouge have repeatedly broken

6 down.

7 (4) The Cambodian Parliament took action on

8 July 6, 1994, to outlaw the Khmer Rouge.

9 (5) Ceding any position in the freely elected gov10 ernment of Cambodia to the Khmer Rouge is not in

11 the interest of the Cambodian people and is incom12 patible with a constructive United States-Cambodia

13 relationship.

14 (6) Cambodian officials have requested military

15 assistance from a number of nations, including the

16 United States.

17 (7) The United States administration, in con18 sultation with its allies, is in the process of determin19 ing the appropriate type and level of United States

20 military assistance to Cambodia.

21 (8) Congress is concerned that absent proper

22 training, professionalism and adequate salaries, pro23 viding Cambodian forces with arms and ammunition

24 will not be beneficial.
51

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1 (b) SENSE OF THE SENATE.—It is the sense of the Sen2 ate that—

3 (1) In concert with interested democratic na4 tions, the United States should provide non-combat

5 military training assistance to the newly democratic

6 government of Cambodia.

7 (2) Military assistance should include efforts to

8 establish an orderly and equitable promotion process,

9 establish an effective command structure, establish a

10 viable and effective system of military justice, estab11 lish effective logistics, establish modern communica12 tions networks, establish dependable accounting proce13 dures, promote human rights and respect for the rule

14 of law and promote respect for civilian leadership of

15 the military.

16 (3) The President should make every effort to

17 fully utilize requested 1994 and 1995 levels of IMET

18 for Cambodia to expand the program beyond its cur19 rent scope.

20 (4) The President should consider qualified Cam21 bodians for admission to United States military

22 academies.

23 (5) The President should dispatch as soon as

24 possible a military attache to the United States Em25 bassy in Cambodia.
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1 (6) Lethal assistance should not be provided to

2 Cambodia until such time as the President can certify

3 the professionalization of the Cambodian Armed

4 Forces.

5 (7) No military assistance should be provided the

6 Cambodian Armed Forces if the Government includes

7 members of the Khmer Rouge or if the Constitution

8 promulgated on September 24, 1993 fails.

9 (8) No military assistance should be provided in

10 concert with the Democratic Peoples’ Republic of

11 Korea.

12 (9) The President should convey to Thailand

13 United States concern over the continued support for

14 the Khmer Rouge by elements of the Thai military

15 and to urge the Thai Government to intensify its ef16 forts to terminate that support, in accordance with

17 the Paris Peace Accords.

18 Ω149æPage 91, after line 16, insert:

19 INDONESIA

20 SEC. 593. The United States should continue to refrain

21 from selling or licensing for export to the Government of

22 Indonesia defense articles such as small or light arms and

23 crowd control items until the Secretary of State determines

24 and reports to the Committees on Appropriations that there

25 has been significant progress made on human rights in East
53

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1 Timor and elsewhere in Indonesia, including in such areas

2 as:

3 (1) complying with the recommendations in the

4 United Nations Special Repporteur’s January 1992

5 report and the March 1993 recommendations of the

6 United Nations Human Rights Commission;

7 (2) significantly reducing Indonesia’s troop pres8 ence in East Timor; and

9 (3) participating constructively in the United

10 Nations Secretary General’s efforts to resolve the sta11 tus of East Timor.

12 Ω150æPage 91, after line 16, insert:

13 UNITED STATES PANEL OF THE JOINT COMMITTEE ON

14 UNITED STATES–JAPAN CULTURAL AND EDUCATIONAL

15 COOPERATION

16 SEC. 594. Section 4 of the Japan-United States

17 Friendship Act (22 U.S.C. 2903) is amended by adding at

18 the end the following new subsection:

19 ‘‘(d) The membership of the United States Panel of the

20 Joint Committee on United States-Japan Cultural and

21 Educational cooperation shall be drawn from among indi22 viduals who are deeply familiar with Japan and United

23 States-Japan relations, as demonstrated in their profes24 sional careers, and who have performed distinguished serv25 ice in—
54

HR 4426 EAS1S

1 ‘‘(1) law, business, or finances;

2 ‘‘(2) education, training, or research at post-sec3 ondary levels;

4 ‘‘(3) the media or publishing;

5 ‘‘(4) foundation or philanthropic activity;

6 ‘‘(5) the American arts, culture, or the human7 ities; or

8 ‘‘(6) other aspects of American public life.’’.

9 BROADENING INVESTMENT AUTHORITY.

10 SEC. 595. Section 7 of the Japan-United States

11 Friendship Act (22 U.S.C. 2906) is amended—

12 (1) in subsection (b)—

13 (A) in the first sentence, by inserting ‘‘, at

14 the direction of the Chairman of the Commis15 sion,’’ after ‘‘ ‘Secretary’)’’; and

16 (B) in the second sentence, by striking ‘‘in

17 interest bearing obligations of the United States

18 or in obligations guaranteed as to both principal

19 and interest by the United States’’ and inserting

20 ‘‘in instruments or public debt with maturities

21 suitable to the needs of the Fund’’; and

22 (2) in subsection (c), by inserting ‘‘, at the direc23 tion of the Chairman of the Commission,’’ after

24 ‘‘sold’’.

25 Ω151æPage 91, after line 16, insert:
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1 GERMANY

2 SEC. 596. (a) Sense of the Congress concerning Ger3 man and Japanese permanent membership in the United

4 Nations Security Council—

5 (1) in the past five years, the United Nations has

6 engaged in more peacekeeping operations than in the

7 preceding forty;

8 (2) the Security Council is the United Nations

9 body chiefly responsible for matters of peace and secu10 rity;

11 (3) any country accorded permanent membership

12 in an expanded Security Council must be capable of

13 fulfilling all of the responsibilities equated with such

14 status, including participation in any United Na15 tions military operations;

16 (4) according permanent membership to nations

17 not capable of carrying out these responsibilities will

18 allow those countries to play a central role in shaping

19 United Nations peacekeeping and peacemaking oper20 ations which could endanger the lives of American

21 and other troops, but in which their own forces could

22 play no part;

23 (5) Japan and Germany, as the world’s second

24 and third largest economies, respectively, have at25 tained levels of global reach and influence equal to or
56

HR 4426 EAS1S

1 surpassing current permanent members of the Secu2 rity Council;

3 (6) Germany and Japan have announced their

4 desire to gain permanent membership in the Security

5 Council;

6 (7) Japan currently maintains that its constitu7 tion prohibits the country from carrying out all the

8 peacekeeping and peacemaking responsibilities that

9 permanent membership entails;

10 (8) Japan’s ruling coalition government appears

11 unwilling to address these issues, even in the face of

12 a potential crisis on the Korean peninsula which may

13 well require multilateral military action;

14 (9) the German High Court, sitting in

15 Karlsruhe, Germany, ruled, on July 12, 1994, that

16 the German constitution contains no prohibition

17 against the overseas deployment of Germany’s armed

18 forces in multilateral peacekeeping operation.

19 (b) Now, therefore, be it the sense of the Senate that—

20 (1) since Germany has addressed the problem of

21 its participation in multilateral military activities,

22 the United States should support that nation’s

23 prompt elevation to permanent Security Council

24 membership;
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1 (2) Japan be encouraged to discuss thoroughly

2 and openly its own problems in participating in such

3 activities, and take whatever steps are necessary to

4 enable it to fully engage in any form of United Na5 tions peacekeeping or peacemaking operation; and

6 (3) the United States should actively support Ja7 pan’s effort to gain permanent membership only after

8 Japan takes such steps.

9 Ω152æPage 91, after line 16, insert:

10 POLICY REGARDING GERMAN PARTICIPATION IN

11 INTERNATIONAL PEACEKEEPING OPERATIONS

12 SEC. 597. (a) FINDINGS.—The Congress finds that—

13 (1) for more than four decades following the Sec14 ond World War, Germany was a divided nation;

15 (2) notwithstanding the creation of the Federal

16 Republic of Germany on September 7, 1949, and the

17 German Democratic Republic on October 7, 1949, the

18 Four Allied Powers retained rights and responsibil19 ities for Germany as a whole;

20 (3) the Federal Republic of Germany acceded to

21 the United Nations Charter without reservation,

22 ‘‘accept[ing] the obligations contained in the Charter

23 . . . and solemnly undertak[ing] to carry them out’’,

24 and was admitted as a member of the United Nations

25 on September 26, 1973;
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1 (4) the Federal Republic of Germany’s admission

2 to the United Nations did not alter Germany’s divi3 sion nor infringe upon the rights and responsibilities

4 of the Four Allied Powers for Germany as a whole;

5 (5) these circumstances created impediments to

6 the Federal Republic of Germany fulfilling all obliga7 tions undertaken upon its accession to the United Na8 tions Charter;

9 (6) Germany was unified within the Federal Re10 public of Germany on October 3, 1990;

11 (7) with the entry into force of the Final Settle12 ment With Respect to Germany on March 4, 1991, the

13 unified Germany assumed its place in the community

14 of nations as a fully sovereign national state;

15 (8) German unification and attainment of full

16 sovereignty and the Federal Republic’s history of

17 more than four decades of democracy have removed

18 impediments that have prevented its full participa19 tion in international efforts to maintain or restore

20 international peace and security;

21 (9) international peacekeeping, peacemaking,

22 and peace-enforcing operations are becoming increas23 ingly important for the maintenance and restoration

24 of international peace and security;
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1 (10) United Nations Secretary General Boutros

2 Boutros-Ghali has called for the ‘‘full participation of

3 Germany in peacekeeping, peacemaking, and peace4 enforcing measures’’;

5 (11) the North Atlantic Council, meeting in min6 isterial session on June 4, 1992, and December 17,

7 1992, stated the preparedness of the North Atlantic

8 Alliance to ‘‘support, on a case-by-case basis in ac9 cordance with our own procedures, peacekeeping ac10 tivities under the responsibility of the Conference on

11 Security and Cooperation in Europe’’ and ‘‘peace12 keeping operations under the authority of the United

13 Nations Security Council’’;

14 (12) the Federal Republic of Germany partici15 pated in these North Atlantic Council meetings and

16 fully associated itself with the resulting communiques;

17 (13) the Western European Union (WEU) Min18 isterial Council, in the Petersberg Declaration adopt19 ed June 19, 1992, declared that ‘‘As the WEU devel20 ops its operational capabilities in accordance with the

21 Maastricht Declaration, we are prepared to support,

22 on a case-by-case basis and in accordance with our

23 own procedures, the effective implementation of con24 flict-prevention and crisis-management measures, in-
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HR 4426 EAS1S

1 cluding peacekeeping activities of the CSCE or the

2 United Nations Security Council’’;

3 (14) the Federal Republic of Germany presided

4 over this Western European Union Ministerial Coun5 cil meeting and fully associated itself with the

6 Petersberg Declaration;

7 (15) the Federal Republic of Germany, by virtue

8 of its political, economic, and military status and po9 tential, will play an important role in determining

10 the success or failure of future international efforts to

11 maintain or restore international peace and security;

12 (16) the Federal Constitutional Court of Ger13 many has ruled that the Basic Law of Germany per14 mits the Armed Forces of Germany to participate in

15 international military operations, including combat

16 operations, conducted under a system of collective se17 curity, including the United Nations, the North At18 lantic Treaty Organization, and the Western Euro19 pean Union;

20 (17) Germany is currently engaged in a debate

21 on the proper role for the German military in the

22 international community;

23 (18) one important element in the German de24 bate is the attitude of the international community

25 toward full German participation in international
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HR 4426 EAS1S

1 peacekeeping, peacemaking, and peace-enforcing oper2 ations;

3 (19) it is, therefore, appropriate for the United

4 States, as a member of the international community

5 and as a permanent member of the United Nations

6 Security Council, to express its position on the ques7 tion of such German participation; and

8 (20) distinctions between peacekeeping, peace9 making, and peace-enforcing measures are becoming

10 blurred, making absolute separation of such measures

11 difficult, if not impossible.

12 (b) SENSE OF CONGRESS.—It is the sense of the Con13 gress that—

14 (1) an appropriate response under current cir15 cumstances to Germany’s past would be for Germany

16 to participate fully in international efforts to main17 tain or restore international peace and security; and

18 (2) the President should strongly encourage Ger19 many, in light of its increasing political and eco20 nomic influence, its successful integration into inter21 national institutions, and its commitment to peace

22 and democratic ideals, to assume full and active par23 ticipation in international peacekeeping, peace24 making, and peace-enforcing operations.

25 Ω153æPage 91, after line 16, insert:
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HR 4426 EAS1S

1 UNITED NATIONS OFFICE OF INSPECTOR GENERAL

2 SEC. 598. The Senate hereby reaffirms that section 401

3 of the Foreign Relations Authorization Act, Fiscal Years

4 1994 and 1995 (Public Law 103–236) remains in effect,

5 including all its terms and conditions relating to the estab6 lishment of an independent office of Inspector General with7 in the United Nations.

8 Ω154æPage 91, after line 16, insert:

9 REGARDING THE EXTRADITION TO THE UNITED STATES OF

10 MOHAMMAD ISMAIL ABEQUA

11 SEC. 599. (a) The Senate finds that—

12 (1) Mohammad Ismail Abequa is a naturalized

13 United States citizen who is alleged to have strangled

14 his estranged wife, Nihal Abequa, in Morris County,

15 New Jersey on July 3, 1994;

16 (2) Mohammad Ismail Abequa fled to Amman,

17 Jordan on July 5, 1994, with the couple’s two chil18 dren Sami and Lisa, aged 3 and 6 years old, respec19 tively;

20 (3) New Jersey officials have confirmed that Mo21 hammad Ismail Abequa arrived in Amman on July

22 6, 1994, via an international flight from London and

23 that he had the two children in his custody upon ar24 rival in Jordan;
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1 (4) Mohammad Ismail Abequa reportedly has a

2 record of wife beating and child abuse while living in

3 New Jersey, and the children could be in danger;

4 (5) the children have a close relative, Nihal’s sis5 ter, who, reportedly, will care for and nurture them

6 in New Jersey; and

7 (6) the personal involvement of King Hussein of

8 Jordan in finding the children quickly could prevent

9 their serious injury by Abequa.

10 (b) The Senate hereby expresses its concern both that

11 Mohammad Ismail Abequa be brought to justice and that

12 the safety of the two children held by Abequa be ensured.

13 (c) It is the sense of the Senate that—

14 (1) the Government of Jordan should use its re15 sources to apprehend and extradite Mohammad

16 Ismail Abequa to the United States where he will be

17 afforded the due process of the laws of the State of

18 New Jersey; and

19 (2) the appropriate officials of the Department of

20 Justice and the Department of State should work ag21 gressively toward that goal.

22 Ω155æPage 91, after line 16, insert:
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1 SUPPORT FOR HUMAN RIGHTS AND OTHER

2 NONGOVERNMENTAL ORGANIZATIONS IN INDONESIA

3 SEC. 599A. Of the funds appropriated by this Act,

4 $250,000 shall be made available to support nongovern5 mental human rights organizations in Indonesia, and

6 $250,000 shall be made available to support nongovern7 mental environmental organizations to assess or otherwise

8 address acute environmental problems, particularly those

9 affecting indigenous peoples, in Indonesia.

10 Ω156æPage 91, after line 16, insert:

11 EUROPEAN SECURITY

12 SEC. 599B. (a) FINDINGS.—The Senate finds that—

13 (1) The United States maintains a continuing

14 interest in the security of Europe.

15 (2) The North Atlantic Treaty Organization re16 mains the principal guarantor of European security.

17 (3) The security concerns of the United States

18 and Europe are best addressed through the collective

19 security arrangement of the North Atlantic Treaty

20 Organization.

21 (4) The North Atlantic Treaty Organization is

22 not an offensive threat to any nation not part of the

23 North Atlantic Treaty.

24 (b) SENSE OF THE SENATE.—It is the sense of the Sen25 ate that—
65

HR 4426 EAS1S

1 (1) The North Atlantic Treaty Organization

2 should invite Poland, the Czech Republic, Hungary

3 and Slovakia to accede to the North Atlantic Treaty

4 under Article 10 of the Treaty at such time as each

5 is in a position to further the principles of the Treaty

6 and contribute to the security of the North Atlantic

7 area.

8 (2) Accession to the North Atlantic Treaty should

9 include a commitment to the security of new members

10 according to Article 5 of the Treaty.

11 (3) The President should pursue within the

12 North Atlantic Council the adoption of criteria and

13 timetables for determining the ability of each nation

14 to further the principles of the North Atlantic Treaty

15 and contribute to the security of the North Atlantic

16 area.

17 (4) Within 90 days of the passage of this Act, the

18 President should report to the appropriate congres19 sional committees the criteria and timetables the

20 United States will pursue within the North Atlantic

21 Council.

22 Ω157æPage 91, after line 16, insert:
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HR 4426 EAS1S

1 DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA, NUCLEAR

2 WEAPONS

3 SEC. 599C. No funds appropriated under this Act or

4 any other Act may be made available to the Democratic

5 People’s Republic of Korea until the President certifies and

6 reports to Congress that the Democratic People’s Republic

7 of Korea—

8 (1) does no possess nuclear weapons;

9 (2) has halted its nuclear weapons program; and

10 (3) has not exported weapons-grade plutonium.

11 Ω158æPage 91, after line 16, insert:

12 LIMITATION ON USE OF FUNDS FOR CONTRIBUTION TO THE

13 ENHANCED STRUCTURAL ADJUSTMENT FACILITY

14 SEC. 599D. (a) LIMITATION.—Not more than

15 $20,000,000 of the amount appropriated under title I under

16 the heading ‘‘CONTRIBUTION TO THE ENHANCED STRUC17 TURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL

18 MONETARY FUND’’ shall be available until the Bipartisan

19 Commission described in subsection (b) submits the report

20 described in subsection (c).

21 (b) BIPARTISAN COMMISSION.—There shall be estab22 lished a Bipartisan Commission whose members shall be

23 appointed within two months of enactment of this Act to

24 conduct a complete review of the salaries and benefits of
67

HR 4426 EAS1S

1 World Bank and International Monetary Fund employees

2 and their families. The Commission shall be composed of—

3 (i) 1 member appointed by the President;

4 (ii) 1 member appointed by the Speaker of the

5 House of Representatives;

6 (iii) 1 member appointed by the Minority Lead7 er of the House of Representatives;

8 (iv) 1 member appointed by the Majority Leader

9 of the Senate;

10 (v) 1 member appointed by the Minority Leader

11 of the Senate;

12 (vi) SALARIES AND EXPENSES.—The salaries

13 and expenses of the Commission and the Commis14 sion’s staff may be paid out of funds made available

15 under this Act.

16 (c) COVERED REPORT.—Within six months after ap17 pointment, the Commission shall submit a report to the

18 President, the Speaker of the House of Representatives and

19 the Chairman of the Senate Foreign Relations Committee

20 which includes the following—

21 (i) a review of the existing salary paid and bene22 fits received by the employees of the World Bank and

23 the IMF:
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HR 4426 EAS1S

1 (ii) a review of all benefits paid by the World

2 Bank and the IMF to family members and depend3 ents of the employees of the World Bank and the IMF;

4 (iii) a review of all salary and benefits paid to

5 employees and dependents of the World Bank and the

6 IMF as compared to all salary and benefits paid to

7 comparable positions for employees of United States

8 banks.

9 Ω159æPage 91, after line 16, insert:

10 PRISONER TRANSFERS

11 SEC. 599E. (a) SHORT TITLE.—This section may be

12 cited as the ‘‘Prisoner Transfer Equity Act’’.

13 (b) PURPOSE.—The purpose of this section is to relieve

14 overcrowding in Federal and State prisons by providing

15 for the transfer of criminal aliens convicted of crimes in

16 the United States back to their native countries to serve the

17 balance of their sentences.

18 (c) FINDINGS.—The Congress makes the following find19 ings:

20 (1) The cost of incarcerating an illegal alien in

21 a Federal or State prison can cost as much as

22 $25,000 per year.

23 (2) There are approximately 46,000 convicted

24 criminal aliens serving in American prisons, includ25 ing 25,000 convicted criminal aliens serving in State
69

HR 4426 EAS1S

1 prisons and 21,000 convicted criminal aliens serving

2 in Federal prisons.

3 (3) Many of these convicted criminal aliens are

4 also illegal aliens, but the Immigration and Natu5 ralization Service does not have exact data on how

6 many.

7 (4) The combined cost to Federal and State gov8 ernments for the incarceration of convicted criminal

9 aliens is approximately $1,200,000,000.

10 (5) There are approximately 2,500 American

11 citizens serving in prisons outside the United States.

12 (6) The United States has entered into over 25

13 prisoner exchange treaties. Since 1977, under these

14 treaties, the United States sent approximately 1,200

15 prisoners to other counties but has received approxi16 mately 1,400 prisoners that it had to imprison. This

17 has added to United States prison overcrowding.

18 (d) PRISONER TRANSFER TREATIES.—No later than

19 90 days after the date of enactment of this Act, the President

20 should begin to negotiate prisoner transfer treaties, or re21 negotiate existing prisoner transfer treaties, with countries

22 that currently have more prisoners in United States prisons

23 than there are United States citizens in their prisons, to

24 carry out the purpose of this Act. The focus of these negotia-
70

HR 4426 EAS1S

1 tions should be on the transfer of illegal aliens who are serv2 ing in United States prisons.

3 (e) REPORT; WITHHOLDING OF ASSISTANCE.—

4 (1) REPORTS.—Not later than 1 year after the

5 date of enactment of this Act, and not later than

6 March 30 each year thereafter, the President shall

7 submit a report to Congress on the progress of nego8 tiations undertaken under subsection (d) since the

9 date of enactment of this Act or the date of submis10 sion of the last report, as the case may be.

11 (2) WITHHOLDING OF ASSISTANCE.—Whenever—

12 (A) a report submitted under paragraph (1)

13 indicates that no progress has been made in ne14 gotiations under subsection (d) with a foreign

15 country, and

16 (B) the United States continues to main17 tain a surplus of prisoners who are nationals of

18 that country,

19 then, for the remainder of the fiscal year, and each

20 fiscal year thereafter until progress is reported under

21 subsection (a), not less than one percent or more than

22 10 percent of United States bilateral assistance allo23 cated for that country (but for this provision) shall be

24 withheld from obligation and expenditure for that

25 country.
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1 (3) DEFINITION.—As used in this section, the

2 term ‘‘United States bilateral assistance’’ means—

3 (A) assistance under the Foreign Assistance

4 Act of 1961 other than assistance provided

5 through international organizations or other

6 multilateral arrangements; and

7 (B) sales and sales financing under the

8 Arms Export Control Act.

9 (f) WAIVER AUTHORITY.—The President may waive

10 the application of subsection (e)(2) if such an application

11 would jeopardize relationships between the United States

12 and a foreign country that the President determines to be

13 in the national interest. Whenever the President exercises

14 the waiver authority of this section, the President shall sub15 mit a statement in writing to Congress setting forth the

16 justification for the exercise of the waiver.

17 (g) DIPLOMATIC EFFORTS.—For each country that

18 does not receive United States assistance and for which the

19 conditions of subsections (e)(2)(A) and (e)(2)(B) apply, the

20 President should use such diplomatic offices and powers as

21 may be necessary to make progress in negotiating or

22 renegotiating a prisoner transfer treaty.

23 (h) RULE OF CONSTRUCTION.—Nothing in this section

24 may be construed to alter or affect the existing immigra-
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HR 4426 EAS1S

1 tion, refugee, political asylum laws of the United States nor

2 any Federal, State, or local criminal laws

3 Ω160æPage 91, after line 16, insert:

4 SENSE OF THE CONGRESS ON THE USE OF FUNDS FOR

5 UNITED STATES MILITARY OPERATIONS IN HAITI

6 SEC. 599F. (a) STATEMENT OF POLICY.—It is the

7 sense of the Congress that—

8 (1) all parties should honor their obligations

9 under the Governor’s Island Accord of July 3, 1993

10 and the New York Pact of July 16, 1993;

11 (2) the United States has a national interest in

12 preventing uncontrolled emigration from Haiti; and

13 (3) the United States should remain engaged in

14 Haiti to support national reconciliation and further

15 its interest in preventing uncontrolled emigration.

16 (b) LIMITATION.—It is the sense of the Congress that

17 funds appropriated by this Act or any other Act should not

18 be obligated or expended in Haiti unless—

19 (1) authorized in advanced by the Congress; or

20 (2) the temporary deployment of United States

21 Armed Forces into Haiti is necessary in order to pro22 tect or evacuate United States citizens from a situa23 tion of imminent danger and the President reports as

24 soon as practicable to Congress after the initiation of

25 the temporary deployment; or
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HR 4426 EAS1S

1 (3) the deployment of United States Armed

2 Forces into Haiti is vital to the national security in3 terests of the United States, including but not limited

4 to the protection of American citizens in Haiti, there

5 is not sufficient time to seek and receive Congres6 sional authorization, and the President reports as

7 soon as is practicable to Congress after the initiation

8 of the deployment, but in no case later than forty

9 eight hours after the initiation of the deployment; or

10 (4) the President transmits to the Congress a

11 written report pursuant to subsection (c).

12 (c) REPORT.—It is the sense of the Congress that the

13 limitation in subsection (b) should not apply if the Presi14 dent reports in advance to Congress that the intended de15 ployment of United States Armed Forces into Haiti—

16 (1) is justified by United States national secu17 rity interests;

18 (2) will be undertaken only after necessary steps

19 have been taken to ensure the safety and security of

20 United States Armed Forces, including steps to ensure

21 that United States Armed Forces will not become tar22 gets due to the nature of their rules of engagement;

23 (3) will be undertaken only after an assessment

24 that—
74

HR 4426 EAS1S

1 (A) the proposed mission and objectives are

2 most appropriate for the United States Armed

3 Forces rather than civilian personnel or armed

4 forces from other nations, and

5 (B) that the United States Armed Forces

6 proposed for deployment are necessary and suffi7 cient to accomplish the objectives of the proposed

8 mission;

9 (4) will be undertaken only after clear objectives

10 for the deployment are established;

11 (5) will be undertaken only after an exit strategy

12 for ending the deployment has been identified; and

13 (6) will be undertaken only after the financial

14 costs of the deployment are estimated.

15 (d) DEFINITION.—As used in this section, the term

16 ‘‘United States military operations in Haiti’’ means the

17 continued deployment, introduction or reintroduction of

18 United States Armed Forces into the land territory of

19 Haiti, irrespective of whether those Armed Forces are under

20 United States or United Nations command, but does not

21 include activities for the collection of foreign intelligence,

22 activities directly related to the operations of United States

23 diplomatic or other United States Government facilities, or

24 operations to counter emigration from Haiti.

25 Ω161æPage 91, after line 16, insert:
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1 RESTRICTION

2 SEC. 599G. (a) None of the funds appropriated or oth3 erwise made available by this Act may be obligated for as4 sistance for the Government of Russia after August 31,

5 1994, unless all armed forces of Russia and the Common6 wealth of Independent States have been removed from all

7 Baltic countries or that the status of those armed forces have

8 been otherwise resolved by mutual agreement of the parties.

9 (b) Subsection (a) does not apply to assistance that

10 involves the provision of student exchange programs, food,

11 clothing, medicine or other humanitarian assistance or to

12 housing assistance for officers of the armed forces of Russia

13 or the Commonwealth of Independent States who are re14 moved from the territory of Estonia, Latvia, Lithuania, or

15 countries other than Russia.

16 (c) Subsection (a) does not apply if after August 31,

17 1994, the President determines that the provision of funds

18 to the Government of Russia is in the national security in19 terest.

20 (d) Section 568 of this Act is null and void.

21 Ω162æPage 91, after line 16, insert:

22 ADDITIONAL COUNTRIES ELIGIBLE FOR PARTICIPATION IN

23 ALLIED DEFENSE COOPERATION

24 SEC. 599H. (a) SHORT TITLE.—This section may be

25 cited as the ‘‘NATO Participation Act’’.
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1 (b) TRANSFER OF EXCESS DEFENSE ARTICLES.—The

2 President may transfer excess defense articles under section

3 516 of the Foreign Assistance Act of 1961 or under the Arms

4 Export Control Act to Poland, Hungary, and the Czech Re5 public.

6 (c) LEASES AND LOANS OF MAJOR DEFENSE EQUIP7 MENT AND OTHER DEFENSE ARTICLES.—Section 63(a)(2)

8 of the Arms Export Control Act (22 U.S.C. 2796b) is

9 amended by striking ‘‘or New Zealand’’ and inserting ‘‘New

10 Zealand, Poland, Hungary, or the Czech Republic’’.

11 (d) LOAN MATERIALS, SUPPLIES, AND EQUIPMENT

12 FOR RESEARCH AND DEVELOPMENT PURPOSES.—Section

13 65(d) of the Arms Export Control Act (22 U.S.C. 2796d(d))

14 is amended—

15 (1) by striking ‘‘or’’ after ‘‘United States)’’ and

16 inserting a comma; and

17 (2) by inserting before the period at the end the

18 following: ‘‘, Poland, Hungary, or the Czech Repub19 lic’’.

20 (e) COOPERATIVE MILITARY AIRLIFT AGREEMENTS.—

21 Section 2350c(e)(1)(B) of title 10, United States Code, is

22 amended by striking ‘‘and the Republic of Korea’’ and in23 serting ‘‘the Republic of Korea, Poland, Hungary, and the

24 Czech Republic’’.
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1 (f) PROCUREMENT OF COMMUNICATIONS SUPPORT AND

2 RELATED SUPPLIES AND SERVICES.—Section

3 2350f(d)(1)(B) is amended by striking ‘‘or the Republic of

4 Korea’’ and inserting ‘‘the Republic of Korea, Poland, Hun5 gary, or the Czech Republic’’.

6 (g) STANDARDIZATION OF EQUIPMENT WITH NORTH

7 ATLANTIC TREATY ORGANIZATION MEMBERS.—Section

8 2457 of title 10, United States Code, is amended by adding

9 at the end the following new subsection:

10 ‘‘(g) It is the sense of the Congress that in the interest

11 of maintaining stability and promoting democracy in East12 ern Europe, Poland, Hungary, and the Czech Republic,

13 those countries should, on and after the date of enactment

14 of this subsection, be included in all activities under this

15 section related to the increased standardization and en16 hanced interoperability of equipment and weapons systems,

17 through coordinated training and procurement activities,

18 as well as other means, undertaken by the North Atlantic

19 Treaty Organization members and other allied countries.’’.

20 (h) INCLUSION OF OTHER EUROPEAN COUNTRIES

21 EMERGING FROM COMMUNIST DOMINATION.—The Presi22 dent should recommend legislation to the Congress making

23 eligible under the provisions of law amended by this section

24 such other European countries emerging from communist
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1 domination as the President may determine if such coun2 tries—

3 (1) have made significant progress toward estab4 lishing democratic institutions, free market econo5 mies, civilian control of their armed forces, and the

6 rule of law; and

7 (2) are likely, within 5 years of such determina8 tion, to be in a position to further the principles of

9 the North Atlantic Treaty and to contribute to the se10 curity of the North Atlantic area.

11 Ω163æPage 91, after line 16, insert:

12 GAZA AND JERICHO

13 SEC. 599I. (a) None of the funds appropriated by this

14 or any other Act may be obligated or expended to create

15 in any part of Jerusalem a new office of any department

16 or agency of the United States Government for the purpose

17 of conducting official United States Government business

18 with the Palestinian Authority over Gaza and Jericho or

19 any successor Palestinian governing entity provided for in

20 the Israel-PLO Declaration of Principles; and

21 (b) None of the funds appropriated by this or any other

22 Act may be obligated or expended for any officer or em23 ployee of the United States Government to meet in any part

24 of Jerusalem with any official of the Palestinian Authority

25 over Gaza and Jericho or any successor Palestinian govern-
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1 ing entity provided for in the Israel-PLO Declaration of

2 Principles for the purpose of conducting official United

3 States Government business with such Palestinian Author4 ity.

5 Ω164æPage 91, after line 16, insert:

6 INTERNATIONAL TERRORISM

7 SEC. 599J. (a) POLICY REGARDING PROVIDING INFOR8 MATION TO VICTIMS OF INTERNATIONAL TERRORISM.—It is

9 the sense of the Senate that—

10 (1) in order to assist the families of United

11 States citizens who have been the victims of terrorist

12 acts, United States Government agencies should pro13 vide or facilitate the acquisition of evidence relevant

14 to the actions brought by American citizens against

15 states that support terrorist acts or against individ16 uals accused of committing terrorist acts.

17 (2) the United States Government should cooper18 ate with United States citizens to the extent that such

19 cooperation does not significantly prejudice a pending

20 criminal investigation or prosecution, or threaten na21 tional security interests of the United States.

22 (b) REPORT ON STATUS OF EFFORTS OF UNITED

23 STATES AGENCIES TO ASSIST AND PROVIDE INFORMATION

24 TO VICTIMS OF INTERNATIONAL TERRORISM.—Provided

25 further, That:
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1 (1) The Secretary of State, in consultation with

2 the Attorney General, should provide a report to the

3 appropriate committees of Congress within 30 days

4 on United States agencies’ efforts to provide informa5 tion and assistance to the families of the victims of

6 Pan Am Flight 103.

7 (2) The report should include a description of ef8 forts to criminally prosecute those responsible for the

9 bombing of Pan Am Flight 103 and efforts to provide

10 information in civil actions against states that sup11 port terrorism or individuals who commit terrorist

12 acts.

13 Ω165æPage 91, after line 16, insert:

14 RUSSIAN CHEMICAL AND BIOLOGICAL WEAPONS

15 PRODUCTION

16 SEC. 599K. None of the funds appropriated or other17 wise made available under this Act may be made available

18 for Russia (other than humanitarian assistance) unless the

19 President has certified annually to the Congress in advance

20 of the obligation or expenditure of such funds that Russia

21 has demonstrated a commitment to comply with the Con22 vention on the Prohibition of the Development, Production

23 and Stockpiling of Bacteriological (Biological) and Toxin

24 Weapons and, upon Russian ratification and entry into

25 force, the Convention on the Prohibition of the Development,
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1 Production, Stockpiling and Use of Chemical Weapons and

2 on Their Destruction, and the Wyoming ‘‘Memorandum of

3 Understanding Regarding a Bilateral Verification Experi4 ment and Data Exchange Related to Prohibition of Chemi5 cal Weapons’’ (including the disclosure of the existence of

6 its binary chemical weapons activities).

7 Ω166æPage 91, after line 16, insert:

8 LIMITATION ON THE USE OF FUNDS FOR THE GOVERNMENT

9 OF COLOMBIA

10 SEC. 599L. None of the funds appropriated by this Act

11 shall be obligated or expended for the Government of Colom12 bia unless the President determines and certifies that the

13 Government of Colombia is taking actions to—

14 (1) fully investigate accusations of corruption by

15 the narcotics cartels involving senior officials of the

16 Government of Colombia;

17 (2) implement the legal and law enforcement

18 steps necessary to eliminate, to the maximum extent

19 possible, bribery and other forms of public corruption;

20 (3) reduce illicit drug production to the maxi21 mum extent which were determined to be achievable

22 during the fiscal year;

23 (4) significantly disrupt the operations of the

24 narcotics cartels; and
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1 (5) investigate all cases in which any senior Co2 lombian official is accused or implicated in engaging

3 in, encouraging, or facilitating the illicit production

4 or distribution of narcotic and psychotropic drugs or

5 other controlled substances.

Amend the title so as to read: ‘‘An Act making appropriations for foreign operations, export financing, and

related programs for the fiscal year ending September

30, 1995, and for other purposes.’’.

Attest:

Secretary.
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