In the Senate of the United States,

September 21 (legislative day, September 5), 1995.

Resolved, That the bill from the House of Representatives (H.R. 1868) entitled ‘‘An Act making appropriations for

foreign operations, export financing, and related programs for

the fiscal year ending September 30, 1996, and for other purposes’’, do pass with the following

AMENDMENTS:

1 Ω1æPage 2, line 25, strike out ø$786,551,000¿ and insert:

2 $795,000,000

3 PROHIBITION ON USE OF FUNDS FOR RELOCATING AID TO

4 FEDERAL TRIANGLE BUILDING

5 SEC. 577. Notwithstanding any other provision of law,

6 none of the funds appropriated or otherwise made available

7 by this Act may be used to relocate the Agency for Inter8 national Development, or any part of that agency, to the

9 Federal Triangle Building in Washington, District of Co10 lumbia.

11 Ω2æPage 3, line 26, strike out ø$45,228,000¿ and insert:

12 $46,000,000

13 Ω3æPage 4, line 25, strike out ø$35,000¿ and insert:

14 $20,000
2

HR 1868 EAS

1 Ω4æPage 4, line 26, strike out ø$26,500,000¿ and insert:

2 $26,000,000

3 Ω5æPage 5, line 9, strike out ø$69,500,000¿ and insert:

4 $79,000,000

5 Ω6æPage 5, line 10, after ‘‘1961’’ insert: , to be derived

6 by transfer from the Overseas Private Investment Corpora7 tion Noncredit account

8 Ω7æPage 6, strike out all after line 14 over to and includ9 ing line 7 on page 7

10 Ω8æPage 7, strike out all after line 14 over to and includ11 ing line 9 on page 8

12 Ω9æPage 8, strike out line 10 and insert:

13 ECONOMIC ASSISTANCE

14 Ω10æPage 8, strike out all after line 10, down to and in15 cluding ‘‘$655,000,000’’ in line 14 and insert:

16 For necessary expenses to carry out the provisions of

17 sections 103 through 106, chapter 10 of part I, and chapter

18 4 of part II of the Foreign Assistance Act of 1961, and the

19 provisions of title V of the International Security and De20 velopment Cooperation Act of 1980 (Public Law 96–533)

21 and provisions of section 401 of the Foreign Assistance Act

22 of 1969, $2,117,099,331
3

HR 1868 EAS

1 Ω11æPage 8, line 15, after ‘‘Provided,’’ insert: That funds

2 made available under this heading for each of (1) sections

3 103 through 106, (2) section 104(b), (3) chapter 10 of part

4 I, (4) chapter 4 of part II (exclusive of assistance for Israel

5 and Egypt) of the Foreign Assistance Act of 1961, (5) title

6 V of Public Law 96–533, (6) section 401 of the Foreign

7 Assistance Act of 1969, and (7) for ‘‘Debt Restructuring’’,

8 shall be the same proportion to the total amount appro9 priated under this heading as the proportion of funds ap10 propriated to carry out each of such provisions was to the

11 total amount appropriated for them in title II of Public

12 Law 103–306, exclusive of assistance to Israel and Egypt:

13 Provided further, That the President shall seek to ensure

14 that the percentage of funds made available under this head15 ing for the activities of private and voluntary organizations

16 and cooperatives is at least equal to the percentage of funds

17 made available pursuant to corresponding authorities in

18 law for the activities of private and voluntary organizations

19 and cooperatives in fiscal year 1995: Provided further, That

20 the use of any authority to waive the requirements of the

21 previous proviso shall be subject to the regular notification

22 requirements of the Committees on Appropriations: Pro23 vided further, That of the funds appropriated or otherwise

24 available by this Act for population planning assistance ad25 ministered by the Agency for International Development,
4

HR 1868 EAS

1 not less than $350,000,000 shall be made available for the

2 central Office of Population of the Agency for International

3 Development in fiscal year 1996, which sum shall be made

4 available to that office: Provided further,

5 Ω12æPage 9, line 10, after ‘‘proviso’’ insert: : Provided fur6 ther, That for purposes of this or any other Act authorizing

7 or appropriating funds for foreign operations, export fi8 nancing, and related programs, the term ‘‘motivate’’, as it

9 relates to family planning assistance, shall not be construed

10 to prohibit the provision, consistent with local law, of infor11 mation or counseling about all pregnancy options including

12 abortion

13 Ω13æPage 9, line 16, strike out all after ‘‘heading’’ down

14 to and including ‘‘Africa’’,’’ in line 17

15 Ω14æPage 9, line 17, strike out ø$15,000,000¿ and insert:

16 $30,000,000

17 Ω15æPage 9, line 22, after ‘‘Appropriations’’ insert: : Pro18 vided further, That none of the funds made available under

19 this heading may be transferred to the Government of Zaire:

20 Provided further, That, not less than $2,000,000 shall be

21 provided to the International Fertilizer Development Center

22 Ω16æPage 9, line 22, after ‘‘Appropriations’’ insert: : Pro23 vided further, That not less than $800,000 of the funds
5

HR 1868 EAS

1 made available under this heading shall be made available

2 for support of the United States Telecommunications

3 Training Institute;

4 Ω17æPage 9, strike out all after line 22, over to and in5 cluding line 9 on page 10

6 Ω18æPage 10, after line 9 insert:

7 CYPRUS

8 Of the funds appropriated under the heading ‘‘Eco9 nomic Assistance’’, not less than $15,000,000 shall be made

10 available for Cyprus to be used only for scholarships,

11 bicommunal projects, and measures aimed at reunification

12 of the island and designed to reduce tensions and promote

13 peace and cooperation between the two communities on Cy14 prus.

15 Ω19æPage 10, after line 9 insert:

16 BURMA

17 Of the funds appropriated under the heading ‘‘Eco18 nomic Assistance’’, not less than $2,000,000 shall be made

19 available to strengthen democracy and support humani20 tarian activities in Burma: Provided, That of this amount,

21 not less than $200,000 shall be used to support newspapers,

22 publications and media activities promoting democracy in23 side Burma: Provided further, That funds made available

24 under this heading may be made available to organizations
6

HR 1868 EAS

1 and Burmese student groups to expand indigenous partici2 pation in the political process, transportation, communica3 tions, publications, administration, and medical supplies

4 and humanitarian services: Provided further, That funds

5 made available under this heading may be made available

6 to support activities in Burma, along the Burma-Thailand

7 border, and to support activities designated by this Act out8 side Burma: Provided further, That funds made available

9 under this heading may be made available notwithstanding

10 any other provision of law: Provided further, That provi11 sion of such funds shall be made available subject to the

12 regular notification procedures of the Appropriations Com13 mittees.

14 Ω20æPage 10, line 23, after ‘‘section’’ insert: , except that

15 the authority contained in the last sentence of section 123(g)

16 may be exercised by the Administrator with regard to the

17 requirements of this paragraph

18 Ω21æPage 10, strike out all after line 23, over to and in19 cluding line 6 on page 11

20 Ω22æPage 11, strike out lines 7 through 12

21 Ω23æPage 11, line 14, strike out øFor¿ and insert: Of the

22 funds made available under the heading ‘‘Economic Assist23 ance’’, for
7

HR 1868 EAS

1 Ω24æPage 11, line 21, strike out all after ‘‘swaps,’’ down

2 to and including ‘‘$7,000,000’’ in line 24 and insert:

3 $15,000,000

4 Ω25æPage 12, line 3, strike out øFor¿ and insert: Of the

5 funds made available under the heading ‘‘Economic Assist6 ance’’, for

7 Ω26æPage 12, line 7, after ‘‘1974’’ insert: : Provided fur8 ther, That guarantees of loans made under this heading in

9 support of microenterprise activities may guarantee up to

10 70 percent of the principal amount of any such loans not11 withstanding section 108 of the Foreign Assistance Act of

12 1961

13 Ω27æPage 12, line 11, after ‘‘Development’’ insert: : Pro14 vided further, That funds made available under this head15 ing shall remain available until September 30, 1997

16 Ω28æPage 12, strike out lines 13 through 16 and insert:

17 Of the funds made available under the heading ‘‘Eco18 nomic Assistance’’, for the subsidy cost, as defined in section

19 13201 of the Budget Enforcement Act of 1990, of guaranteed

20 loans authorized by sections 221 and 222 of the Foreign

21 Assistance Act of 1961, $8,000,000: Provided, That these

22 funds are available to subsidize loan principal, 100 percent

23 of which shall be guaranteed, pursuant to the authority of

24 such sections: Provided further, That the President shall
8

HR 1868 EAS

1 enter into commitments to guarantee such loans in the full

2 amount provided under this heading, subject to the avail3 ability of qualified applicants for such guarantees: Provided

4 further, That for administrative expenses to carry out guar5 anteed loan programs, $7,000,000, all of which may be

6 transferred to and merged with the appropriation for Oper7 ating Expenses of the Agency for International Develop8 ment: Provided further, That commitments to guarantee

9 loans under this heading may be entered into notwithstand10 ing the second and third sentences of section 222(a) and,

11 with regard to programs for Eastern Europe and programs

12 for the benefit of South Africans disadvantaged by apart13 heid, section 223(j) of the Foreign Assistance Act of 1961:

14 Provided further, That none of the funds appropriated

15 under this heading shall be obligated except through the reg16 ular notification procedures of the Committees on Appro17 priations.

18 Ω29æPage 12, after line 16 insert:

19 INTERNATIONAL DISASTER ASSISTANCE

20 For necessary expenses for international disaster relief,

21 rehabilitation, and reconstruction assistance pursuant to

22 section 491 of the Foreign Assistance Act of 1961, as amend23 ed, $175,000,000 to remain available until expended: Pro24 vided, That of the amount appropriated under this heading,

25 $40,000,000 should be available only for emergency human-
9

HR 1868 EAS

1 itarian assistance to the former Yugoslavia, of which

2 amount not less than $6,000,000 shall be available only for

3 humanitarian assistance to Kosova.

4 CLARIFICATION OF RESTRICTIONS.

5 (a) IN GENERAL.—Section 620E of the Foreign Assist6 ance Act of 1961 (22 U.S.C. 2375) is amended—

7 (1) in subsection (e)—

8 (A) by striking the words ‘‘No assistance’’

9 and inserting the words ‘‘No military assist10 ance’’;

11 (B) by striking the words ‘‘in which assist12 ance is to be furnished or military equipment or

13 technology’’ and inserting the words ‘‘in which

14 military assistance is to be furnished or military

15 equipment or technology’’;

16 (C) by striking the words ‘‘the proposed

17 United States assistance’’ and inserting the

18 words ‘‘the proposed United States military as19 sistance’’;

20 (D) by inserting ‘‘(1)’’ immediately after

21 ‘‘(e)’’; and

22 (E) by adding the following new paragraph:

23 ‘‘(2) The prohibitions in this section do not

24 apply to any assistance or transfer provided for the

25 purposes of:
10

HR 1868 EAS

1 ‘‘(A) International narcotics control (in2 cluding Chapter 8 of Part I of this Act) or any

3 provision of law available for providing assist4 ance for counternarcotics purposes;

5 ‘‘(B) Facilitating military-to-military con6 tact, training (including Chapter 5 of Part II of

7 this Act) and humanitarian and civic assistance

8 projects;

9 ‘‘(C) Peacekeeping and other multilateral

10 operations (including Chapter 6 of Part II of

11 this Act relating to peacekeeping) or any provi12 sion of law available for providing assistance for

13 peacekeeping purposes, except that lethal mili14 tary equipment provided under this subpara15 graph shall be provided on a lease or loan basis

16 only and shall be returned upon completion of

17 the operation for which it was provided;

18 ‘‘(D) Antiterrorism assistance (including

19 Chapter 8 of Part II of this Act relating to

20 antiterrorism assistance) or any provision of law

21 available for antitorrism assistance purposes.

22 ‘‘(3) The restrictions of this subsection shall con23 tinue to apply to contracts for the delivery of F–16

24 aircraft to Pakistan.
11

HR 1868 EAS

1 ‘‘(4) Notwithstanding the restrictions contained

2 in this subsection, military equipment, technology, or

3 defense services, other than F–16 aircraft, may be

4 transferred to Pakistan pursuant to contracts or cases

5 entered into before October 1, 1990.’’; and

6 (2) by adding at the end the following new sub7 sections:

8 ‘‘(f) STORAGE COSTS.—The President may release the

9 Government of Pakistan of its contractual obligation to pay

10 the United States Government for the storage costs of items

11 purchased prior to October 1, 1990, but not delivered by

12 the United States Government pursuant to subsection (e)

13 and may reimburse the Government of Pakistan for any

14 such amounts paid, on such terms and conditions as the

15 President may prescribe: Provided, That such payments

16 have no budgetary impact.

17 ‘‘(g) INAPPLICABILITY OF RESTRICTIONS TO PRE18 VIOUSLY OWNED ITEMS.—Section 620E(e) does not apply

19 to broken, worn or unupgraded items or their equivalent

20 which Pakistan paid for and took possession of prior to Oc21 tober 1, 1990 and which the Government of Pakistan sent

22 to the United States for repair or upgrade. Such equipment

23 or its equivalent may be returned to the Government of

24 Pakistan: Provided, That the President determines and so

25 certifies to the appropriate congressional committees that
12

HR 1868 EAS

1 such equipment or equivalent neither constitutes nor has re2 ceived any significant qualitative upgrade since being

3 transferred to the United States and that its total value

4 does not exceed $25,000,000.

5 ‘‘(h) BALLISTIC MISSILE SANCTIONS NOT AF6 FECTED.—Nothing contained herein shall affect sanctions

7 for transfers of missile equipment or technology required

8 under section 11B of the Export Administration Act of 1979

9 or section 73 of the Arms Export Control Act.’’.

10 Ω30æPage 12, line 25, strike out ø$465,750,000¿ and in11 sert: $490,000,000

12 Ω31æPage 12, line 25, strike out all after ‘‘$465,750,000’’

13 over to and including ‘‘designee’’ in line 7 on page 13

14 Ω32æPage 13, line 12, strike out ø$35,200,000¿ and in15 sert: $30,200,000

16 Ω33æPage 13, strike out line 16 and insert:

17 MIDDLE EAST FUND

18 Ω34æPage 13, line 18, strike out ø$2,300,000,000¿ and

19 insert: $2,015,000,000

20 Ω35æPage 13, line 19, strike out all after ‘‘1997’’ down

21 to and including ‘‘later’’ in line 24 and insert: : Provided,

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

23 than $1,200,000,000 shall be available only for Israel, which
13

HR 1868 EAS

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

2 and shall be disbursed within thirty days of enactment of

3 this Act or by October 31, 1995, whichever is later: Provided

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

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

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

7 provided, with the understanding that Egypt will undertake

8 significant economic reforms which are additional to those

9 which were undertaken in previous fiscal years, and of

10 which not less than $200,000,000 shall be provided as Com11 modity Import Program assistance: Provided further, That

12 not less than the Egyptian pound equivalent of $85,000,000

13 generated from funds made available by this paragraph, or

14 from any other source including from funds made available

15 for Egypt for fiscal year 1997, shall be made available to

16 the United States pursuant to the United States-Egypt Eco17 nomic, Technical and Related Assistance Agreements of

18 1978, for the following endowments established under such

19 Agreements: the Egyptian pound equivalent of $50,000,000

20 shall be made available to replenish the existing endowment

21 for the American University in Cairo, and the Egyptian

22 pound equivalent of $35,000,000 shall be made available to

23 replenish the existing endowment for projects and programs

24 which promote the preservation and restoration of Egyptian

25 antiquities: Provided further, That in exercising the author-
14

HR 1868 EAS

1 ity to provide cash transfer assistance for Israel and Egypt,

2 the President shall ensure that the level of such assistance

3 does not cause an adverse impact on the total level of non4 military exports from the United States to each such coun5 try: Provided further, That it is the sense of the Congress

6 that the recommended levels of assistance for Egypt and Is7 rael are based in great measure upon their continued par8 ticipation in the Camp David Accords and upon the Egyp9 tian-Israeli peace treaty

10 Ω36æPage 13, line 24, strike out all after ‘‘later’’ down

11 to and including ‘‘Zaire’’ in line 26

12 Ω37æPage 14, strike out lines 1 through 12

13 Ω38æPage 14, line 15, before ‘‘For’’ insert (a)

14 Ω39æPage 14, line 18, strike out ø$324,000,000¿ and in15 sert: $335,000,000

16 Ω40æPage 14, line 22, before ‘‘Funds’’ insert: (b)

17 Ω41æPage 15, line 7, before ‘‘Funds’’ insert: (c)

18 Ω42æPage 15, line 18, strike out ø$580,000,000¿ and in19 sert: $705,000,000

20 Ω43æPage 16, line 16, strike out all after ‘‘state’’ down

21 to and including ‘‘further,’’ in line 21 and insert: Provided,
15

HR 1868 EAS

1 Ω44æPage 17, line 4, after ‘‘capability’’ insert: : Provided,

2 That this restriction does not apply to demilitarization, de3 fense conversion or non-proliferation programs

4 Ω45æPage 17, line 22, strike out all after ‘‘organizations’’

5 down to and including ‘‘states’’ in line 23

6 Ω46æPage 17, strike out all after line 23, over to and in7 cluding line 2 on page 18

8 Ω47æPage 18, after line 2 insert:

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

10 less than $15,000,000 should be available only for a family

11 planning program for the new independent states of the

12 former Soviet Union comparable to the family planning

13 program currently administered by the Agency for Inter14 national Development in the Central Asian Republics and

15 focusing on population assistance which provides an alter16 native to abortion.

17 (l) Notwithstanding any other provision of law or this

18 Act, of the funds appropriated under this heading, not less

19 than $85,000,000 shall be made available for programs and

20 activities for Armenia, of which $35,000,000 shall be avail21 able for food, $40,000,000 shall be available for fuel, and

22 $10,000,000 shall be available for medical supplies and

23 services: Provided further, That these funds shall be in addi-
16

HR 1868 EAS

1 tion to funds justified for programs in the fiscal year 1996

2 congressional presentation documents.

3 (m) Of the funds made available by this or any other

4 Act, not less than $30,000,000 shall be made available for

5 programs and activities for Georgia.

6 (n) Of the funds appropriated under this heading, not

7 less than $225,000,000 shall be made available for Ukraine:

8 Provided, That of these funds made available, not less than

9 $3,000,000 shall be made available to assist in establishing

10 a commodities exchange board: Provided further, That not

11 less than $5,000,000 shall be made available to support im12 provements in the delivery of social services: Provided fur13 ther, That not less than $20,000,000 shall be available to

14 support the development of small and medium enterprises:

15 Provided further, That not less than $2,000,000 shall be

16 provided to support strengthening in independent broadcast

17 and print media: Provided further, That not less than

18 $5,000,000 shall be available for a pilot project to screen,

19 diagnose, and treat Chernobyl victims suffering from breast

20 cancer: Provided further, That not less than $5,000,000

21 shall be available to support a joint United States-Ukraine

22 geographic survey to determine levels of contamination

23 caused by the Chernobyl reactor: Provided further, That not

24 less than $2,000,000 shall be available to conduct an assess25 ment of the energy distribution grid with recommendations
17

HR 1868 EAS

1 on improvements necessary to provide comprehensive indus2 trial, commercial and residential access to power: Provided

3 further, That not less than $5,000,000 shall be made avail4 able for a pilot project to establish a management and mar5 ket economics training partnership between a Ukrainian

6 university and a United States university with dem7 onstrated experience in Eastern Europe or the New Inde8 pendent States and an ability to plan and direct a multi9 faceted program including business management, manufac10 turing management, market economics, and public admin11 istration training.

12 (o) Of the funds made available for Ukraine, under

13 this Act or any other Act, not less than $50,000,000 shall

14 be made available to improve nuclear energy self-sufficiency

15 and improve safety at nuclear reactors: Provided, That of

16 this amount, not less than $30,000,000 shall be made avail17 able to provide technical assistance, training and equip18 ment to develop institutions and procedures to license, pur19 chase, transfer and use nuclear fuel assemblies consistent

20 with International Atomic Energy Agency standards: Pro21 vided further, That of this amount, not less than

22 $20,000,000 shall be provided for the purchase, installation

23 and training for safety parameter display systems or safety

24 control systems at all nuclear operational nuclear reactors,

25 but on a priority basis at the Chernobyl facility.
18

HR 1868 EAS

1 (p) Notwithstanding any other provision of law or of

2 this Act, of the funds made available under this heading,

3 within 30 days of enactment of this Act, not less than

4 $4,500,000 shall be transferred to the Federal Bureau of In5 vestigation to establish Legal Attache ́ offices and related

6 programs in Ukraine, Kazakhstan, and Estonia: Provided,

7 That these funds shall support both in country and regional

8 law enforcement liaison and investigation activities.

9 (q) Notwithstanding any other provision of law or of

10 this Act, of the funds made available under this heading,

11 within 30 days of enactment of this Act not less than

12 $12,600,000 shall be transferred to the Federal Bureau of

13 Investigation for international training and cooperation in

14 Central Europe and the New Independent States: Provided,

15 That these funds may support training conducted at the

16 International Law Enforcement Academy in Hungary, in

17 country training sessions in Central Europe, the Baltics,

18 and the New Independent States, and efforts to establish

19 national law enforcement institutes.

20 (r) Of the funds made available under this heading,

21 not less than $20,000,000 shall be available for hospital

22 partnership programs.

23 (s) Of the funds made available under this heading,

24 not less than $45,000,000 shall be provided to the Western

25 NIS Enterprise Fund.
19

HR 1868 EAS

1 (t) No funds may be made available under this head2 ing, until the Department of State Office of the Coordinator

3 for United States Assistance to the New Independent States

4 submits a report to the Committees on Appropriations pro5 viding a country by country development strategy including

6 the type of activities planned to carry out the strategy re7 quirements.

8 (u) No funds may be made available under this head9 ing for Russia unless the President determines and certifies

10 in writing to the Committees on Appropriations that the

11 Government of Russia has terminated all planning and im12 plementation of arrangements to provide Iran with tech13 nical expertise, training, technology or equipment necessary

14 to develop a nuclear reactor or related nuclear research fa15 cilities or programs.

16 (v) Funds appropriated under this heading or in prior

17 appropriations Acts that are or have been made available

18 for an Enterprise Fund may be deposited by such Fund

19 in interest-bearing accounts prior to the Funds disburse20 ment of such funds. The Fund may retain for program pur21 poses any interest earned on such deposits without return22 ing such interest to the Treasury of the United States and

23 without further appropriation by Congress.
20

HR 1868 EAS

1 (w) Of the funds made available under this heading,

2 not less than $15,000,000 shall be made available to support

3 establishing a Trans-Caucasus Enterprise Fund.

4 Ω48æPage 18, strike out line 3

5 Ω49æPage 18, strike out lines 4 through 10

6 Ω50æPage 18, strike out lines 11 through 17

7 Ω51æPage 18, line 20, strike out ø$210,000,000¿ and in8 sert: $200,000,000

9 Ω52æPage 18, line 25, after ‘‘tions’’ insert: : Provided fur10 ther, That funds appropriated under this heading shall re11 main available until September 30, 1997

12 Ω53æPage 19, line 5, strike out ø$113,000,000¿ and in13 sert: $150,000,000

14 Ω54æPage 19, line 12, after ‘‘Appropriations’’ insert: :

15 Provided further, That of the funds appropriated under this

16 heading, not less than $1,800,000 shall be available to estab17 lish and maintain a Federal Bureau of Investigation Legal

18 Attache ́ office in Cairo, Egypt: Provided further, That not

19 less than $5,000,000 shall be made available to the Federal

20 Bureau of Investigation and the Secret Service to establish

21 and maintain offices in the Triborder area of Argentina,

22 Brazil and Paraguay
21

HR 1868 EAS

1 Ω55æPage 19, line 20, after ‘‘needs’’ insert: ; salaries and

2 expenses of personnel and dependents as authorized by the

3 Foreign Service Act of 1980; salaries and expenses of per4 sonnel assigned to the bureau charged with carrying out

5 the Migrations and Refugee Assistance Act; allowances as

6 authorized by sections 5921 through 5925 of title 5, United

7 States Code

8 Ω56æPage 19, line 23, after ‘‘$671,000,000’’ insert: : Pro9 vided, That not more than $12,000,000 shall be available

10 for administrative expenses

11 Ω57æPage 19, line 23, strike out all after ‘‘$671,000,000’’

12 over to and including ‘‘Act’’ in line 2 on page 20

13 Ω58æPage 20, line 2, after ‘‘Act’’ insert: : Provided further,

14 That not less than $80,000,000 shall be made available for

15 refugees from the former Soviet Union and Eastern Europe

16 and other refugees resettling in Israel

17 Ω59æPage 20, strike out lines 3 through 10

18 Ω60æPage 20, line 25, strike out ø$17,000,000¿ and in19 sert: $15,000,000

20 Ω61æPage 21, line 22, strike out ø$39,000,000¿ and in21 sert: $19,000,000
22

HR 1868 EAS

1 Ω62æPage 22, line 10, after ‘‘Zaire’’ insert: and Guate2 mala

3 Ω63æPage 22, line 10, strike out all after ‘‘Zaire’’ down

4 to and including ‘‘training’’ in line 13

5 Ω64æPage 22, line 17, strike out ø$3,211,279,000¿ and

6 insert: $3,207,500,000

7 Ω65æPage 22, line 17, strike out all after

8 ‘‘$3,211,279,000’’ over to and including ‘‘Act’’ in line 7

9 on page 23 and insert: : Provided, That of the funds appro10 priated by this paragraph not less than $1,800,000,000

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

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

13 Egypt: Provided further, That the funds appropriated by

14 this paragraph for Israel shall be disbursed within thirty

15 days of enactment of this Act or by October 31, 1995, which16 ever is later: Provided further, That to the extent that the

17 Government of Israel requests that funds be used for such

18 purposes, grants made available for Israel by this para19 graph shall, as agreed by Israel and the United States, be

20 available for advanced fighter aircraft programs or for other

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

22 $150,000,000 shall be available for research and develop23 ment in the United States; and (2) not less than

24 $475,000,000 shall be available for the procurement in Is-
23

HR 1868 EAS

1 rael of defense articles and defense services, including re2 search and development

3 Ω66æPage 23, line 7, after ‘‘Act’’ insert: : Provided further,

4 That funds made available under this paragraph shall be

5 nonrepayable notwithstanding any requirement in section

6 23 of the Arms Export Control Act: Provided further, That,

7 for the purpose only of providing support for the Warsaw

8 Initiative Program, of the funds appropriated by this Act

9 under the headings ‘‘Assistance for Eastern Europe and the

10 Baltic States’’ and ‘‘Assistance for the New Independent

11 States of the Former Soviet Union’’, up to a total of

12 $20,000,000 may be transferred, notwithstanding any other

13 provision of law, to the funds appropriated under this para14 graph

15 Ω67æPage 24, line 1, after ‘‘exceed’’ insert: the following

16 Ω68æPage 24, line 1, after ‘‘$224,000,000’’ insert: only

17 Ω69æPage 24, line 2, strike out øshall not exceed¿

18 Ω70æPage 24, line 2, after ‘‘$320,000,000’’ insert: only

19 Ω71æPage 24, line 2, after ‘‘Turkey’’ insert: : Provided

20 further, That the President should seek the agreement of the

21 Prime Minister of Turkey to permit access throughout Tur22 key for international humanitarian organizations which

23 operate confidentially, and report to the Committee on Ap-
24

HR 1868 EAS

1 propriations by June 1, 1996, on progress towards such

2 agreement

3 Ω72æPage 26, line 10, strike out ø$24,000,000¿ and in4 sert: $22,500,000

5 Ω73æPage 26, line 26, strike out ø$68,300,000¿ and in6 sert: $72,033,000: Provided, That none of the funds appro7 priated under this paragraph shall be obligated or expended

8 except as provided through the regular notification proce9 dures of the Committees on Appropriations

10 Ω74æPage 27, line 11, strike out ø$23,009,000¿ and in11 sert: $28,189,963

12 Ω75æPage 27, line 12, after ‘‘pended’’ insert: : Provided

13 further, That not more than twenty-one days prior to the

14 obligation of each such sum, the Secretary shall submit a

15 certification to the committees on Appropriations that the

16 Bank has not approved any loans to Iran since October

17 1, 1994, or the President of the United States certifies that

18 withholding of these funds is contrary to the national inter19 est of the United States

20 Ω76æPage 27, line 16, strike out ø$30,000,000¿ and in21 sert: $50,000,000

22 Ω77æPage 27, line 23, strike out ø$743,900,000¿ and in23 sert: $911,475,013
25

HR 1868 EAS

1 Ω78æPage 28, line 4, strike out ø$575,000,000¿ and in2 sert: $775,000,000

3 Ω79æPage 28, after line 6 insert:

4 CONTRIBUTION TO THE INTERNATIONAL FINANCE

5 CORPORATION

6 For payment to the International Finance Corpora7 tion by the Secretary of the Treasury, $67,550,000, for the

8 United States share of the increase in subscriptions to cap9 ital stock, to remain available until expended: Provided,

10 That of the amount appropriated under this heading not

11 more than $5,269,000 may be expended for the purchase

12 of such stock in fiscal year 1996.

13 Ω80æPage 28, line 12, strike out ø$25,950,000¿ and in14 sert: $25,952,110, and for the United States share of the

15 increase in the resources of the Fund for Special Oper16 ations, $20,000,000, to remain available until expended

17 Ω81æPage 28, line 18, strike out ø$1,523,000,000¿ and

18 insert: $1,523,767,142

19 Ω82æPage 28, after line 18 insert:

20 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

21 MULTILATERAL INVESTMENT FUND

22 For payment to the Enterprise for the Americas Multi23 lateral Investment Fund by the Secretary of the Treasury,

24 for the United States contribution to the Fund to be admin-
26

HR 1868 EAS

1 istered by the Inter-American Development Bank,

2 $70,000,000 to remain available until expended.

3 Ω83æPage 28, line 23, strike out ø$13,200,000¿ and in4 sert: $13,221,596

5 Ω84æPage 29, line 3, strike out ø$647,000,000¿ and in6 sert: $647,858,204

7 Ω85æPage 29, line 9, strike out ø$100,000,000¿ and in8 sert: $110,000,000

9 Ω86æPage 29, line 14, strike out ø$69,180,000¿ and in10 sert: $70,000,000

11 Ω87æPage 29, line 25, strike out ø$161,400,000¿ and in12 sert: $163,333,333

13 Ω88æPage 30, strike out lines 1 through 11 and insert:

14 NORTH AMERICAN DEVELOPMENT BANK

15 For payment to the North American Development

16 Bank by the Secretary of the Treasury, for the United

17 States share of the paid-in portion of the capital stock,

18 $25,000,000, to remain available until expended: Provided,

19 That for the payment to the Enterprise for the Americas

20 Multilateral Investment Fund by the Secretary of the Treas21 ury, for the United States contribution to the fund to be

22 administered by the Inter-American Development Bank,

23 $45,000,000 is provided to remain available until expended.
27

HR 1868 EAS

1 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

2 The United States Governor of the North American De3 velopment Bank may subscribe without fiscal year limita4 tion to the callable capital portion of the United States

5 share of the capital stock of the North American Develop6 ment Bank in an amount not to exceed $318,750,000.

7 Ω89æPage 30, line 16, strike out ø$155,000,000¿ and in8 sert: $260,000,000

9 Ω90æPage 30, line 16, strike out øProvided,¿ and insert:

10 Provided, That not less than $3,000,000 of the funds appro11 priated under this heading shall be made available for the

12 World Food Program: Provided further,

13 Ω91æPage 30, line 24, after ‘‘Agency’’ insert: : Provided

14 further, That any reduction in the amounts made available

15 under this heading for each of the United Nations Develop16 ment Program, the United Nations Children’s Fund, the

17 United Nations Environment Program, and the Inter18 national Atomic Energy Agency, from the amounts made

19 available under this heading for such organizations for fis20 cal year 1995, shall not exceed the percentage by which the

21 total amount appropriated under this heading is reduced

22 from the total amount appropriated under this heading for

23 fiscal year 1995
28

HR 1868 EAS

1 Ω92æPage 31, line 3, strike out ø$25,000,000¿ and insert:

2 $35,000,000

3 Ω93æPage 31, line 19, after ‘‘funds’’ insert: : Provided fur4 ther, That of the funds appropriated under this heading,

5 not less than $1,000,000 shall be made available to

6 UNIFEM

7 Ω94æPage 31, line 19, strike out all after ‘‘funds’’ over

8 to and including ‘‘tions’’ in line 2 on page 32

9 Ω95æPage 32, line 2, after ‘‘tions’’ insert: : Provided fur10 ther, That not less than $1,500,000 of the funds appro11 priated under this heading shall be made available for the

12 United Nations Fund for Victims of Torture

13 Ω96æPage 32, line 26, strike out ønot to exceed $5,000¿

14 and insert: no funds

15 Ω97æPage 33, line 14, strike out ønot to exceed $2,000¿

16 and insert: no funds

17 Ω98æPage 33, line 21, after ‘‘Foundation,’’ insert: no

18 funds shall be available for entertainment and

19 Ω99æPage 33, lines 22 and 23, strike out øentertainment

20 and¿

21 Ω100æPage 33, line 25, strike out ønot to exceed a total

22 of $4,000¿ and insert: no funds
29

HR 1868 EAS

1 Ω101æPage 34, line 2, after ‘‘Agency’’,’’ insert: no funds

2 shall be available for entertainment and

3 Ω102æPage 34, line 3, strike out øand entertainment¿

4 Ω103æPage 35, line 19, after ‘‘510.’’ insert: (a)

5 Ω104æPage 36, after line 7 insert:

6 (b) Obligated balances of funds appropriated to carry

7 out section 23 of the Arms Export Control Act as of the

8 end of the fiscal year immediately preceding the current

9 fiscal year are, if deobligated, hereby continued available

10 during the current fiscal year for the same purpose under

11 any authority applicable to such appropriations under this

12 Act: Provided, That the authority of this subsection may

13 not be used in fiscal year 1996.

14 Ω105æPage 38, line 13, after ‘‘modity’’ insert: , and the

15 Chairman of the Board so notifies the Committees on Ap16 propriations

17 Ω106æPage 39, line 26, strike out all after ‘‘for’’ over to

18 and including ‘‘Africa’’,’’ and insert: ‘‘Economic Assist19 ance’’,

20 Ω107æPage 40, line 7, strike out ø‘‘Economic Support

21 Fund’’,¿
30

HR 1868 EAS

1 Ω108æPage 40, strike out all after line 13 down to and

2 including ‘‘Foundation’’,’’ in line 15

3 Ω109æPage 40, line 15, after ‘‘Corps’’,’’ insert: ‘‘Middle

4 East Fund’’ or

5 Ω110æPage 40, line 16, strike out all after ‘‘sistance’’,’’

6 down to and including ‘‘Fund’’,’’ in line 17

7 Ω111æPage 41, line 11, strike out ø20¿ and insert: 10

8 Ω112æPage 43, line 1, strike out øSUPPORT FUND¿

9 Ω113æPage 43, lines 16 and 17, strike out øthe Economic

10 Support Fund¿ and insert: economic assistance

11 Ω114æPage 43, line 22, strike out øCONCERNING ABOR12 TIONS¿ and insert: ON FUNDING FOR ABORTIONS

13 Ω115æPage 44, line 19, after ‘‘lizations’’ insert: : Provided,

14 That in determining eligibility for assistance from funds

15 appropriated to carry out section 104 of the Foreign Assist16 ance Act of 1961, nongovernmental and multilateral orga17 nizations shall not be subjected to requirements more re18 strictive than the requirements applicable to foreign govern19 ments for such assistance: Provided further, That none of

20 the funds made available under this Act may be used to

21 lobby for or against abortion

22 Ω116æPage 45, line 1, strike out øIndonesia,¿
31

HR 1868 EAS

1 Ω117æPage 45, line 2, strike out øRussia,¿

2 Ω118æPage 45, lines 7 and 8, strike out øIndonesia and¿

3 Ω119æPage 46, line 1, before ‘‘CHILD’’ insert: FAMILY

4 PLANNING,

5 Ω120æPage 47, line 9, after ‘‘national’’ insert: security

6 Ω121æPage 48, line 5, strike out øsubject to¿ and insert:

7 notwithstanding

8 Ω122æPage 49, after line 7 insert:

9 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

10 COUNTRIES

11 SEC. 527A. (a) Notwithstanding any other provision

12 of law, funds appropriated for bilateral assistance under

13 any heading of this Act and funds appropriated under any

14 such heading in a provision of law enacted prior to enact15 ment of this Act, shall not be made available to any country

16 which the President determines—

17 (1) grants sanctuary from prosecution to any in18 dividual or group which has committed an act of

19 international terrorism, or

20 (2) otherwise supports international terrorism.

21 (b) The President may waive the application of sub22 section (a) to a country if the President determines that

23 national security or humanitarian reasons justify such
32

HR 1868 EAS

1 waiver. The President shall publish each waiver in the Fed2 eral Register and, at least fifteen days before the waiver

3 takes effect, shall notify the Committees on Appropriations

4 of the waiver (including the justification for the waiver)

5 in accordance with the regular notification procedures of

6 the Committees on Appropriations.

7 Ω123æPage 49, line 13, strike out øIsrael and¿ and insert:

8 Israel,

9 Ω124æPage 49, after line 22 insert:

10 COMPETITIVE INSURANCE

11 SEC. 528A. All Agency for International Development

12 contracts and solicitations, and subcontracts entered into

13 under such contracts, shall include a clause requiring that

14 United States insurance companies have a fair opportunity

15 to bid for insurance when such insurance is necessary or

16 appropriate.

17 Ω125æPage 49, strike out all after line 22, over to and

18 including line 4 on page 50

19 Ω126æPage 50, strike out all after line 18, over to and

20 including line 3 on page 51 and insert:

21 COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES

22 SEC. 531A. (a) COSTING BASIS.—Section 22 of the

23 Arms Export Control Act (22 U.S.C. 2762) is amended by

24 adding at the end the following:
33

HR 1868 EAS

1 ‘‘(d) COMPETITIVE PRICING.—Procurement contracts

2 made in implementation of sales under this section for de3 fense articles and defense services wholly paid for funds

4 made available on a nonrepayable basis shall be priced on

5 the same costing basis with regard to profit, overhead, inde6 pendent research and development, bid and proposal, and

7 other costing elements, as is applicable to procurements of

8 like items purchased by the Department of Defense for its

9 own use.’’

10 (b) EFFECTIVE DATE AND IMPLEMENTING REGULA11 TIONS.—Section 22(d) of the Arms Export Control Act, as

12 added by subsection (a)—

13 (1) shall take effect on the 60th day following the

14 date of the enactment of this Act;

15 (2) shall be applicable only to contracts made in

16 implementation of sales made after such effective date;

17 and

18 (3) shall be implemented by revised procurement

19 regulations, which shall be issued prior to such effec20 tive date.

21 (c) DIRECT COSTS ALLOWABLE.—Direct costs associ22 ated with meeting a foreign customer’s additional or unique

23 requirements will continue to be allowable under such con24 tracts. Loadings applicable to such direct costs shall be per25 mitted at the same rates applicable to procurement of like
34

HR 1868 EAS

1 items purchased by the Department of Defense for its own

2 use.

3 STOCKPILES OF DEFENSE ARTICLES

4 SEC. 531B. (a) LIMITATION ON VALUE OF ADDI5 TIONS.—Section 514(b)(1) of the Foreign Assistance Act of

6 1961 (22 U.S.C. 2321h(b)(1)) is amended by inserting ‘‘or

7 in the implementation of agreements with Israel’’ after

8 ‘‘North Atlantic Treaty Organization’’.

9 (b) ADDITIONS IN FISCAL YEARS 1996 AND 1997.—

10 Section 514(b)(2) of such Act (22 U.S.C. 2321h(b)(2)) is

11 amended to read as follows:

12 ‘‘(2)(A) The value of such additions to stockpiles of de13 fense articles in foreign countries shall not exceed

14 $50,000,000 for each of the fiscal years 1996 and 1997.

15 ‘‘(B) Of the amount specified in subparagraph (A) for

16 each of the fiscal years 1996 and 1997, not more than

17 $40,000,000 may be made available for stockpiles in the Re18 public of Korea and not more than $10,000,000 may be

19 made available for stockpiles in Thailand.’’.

20 (c) LOCATION OF STOCKPILES OF DEFENSE AUTHORI21 TIES.—Section 514(c) of such Act (22 U.S.C. 2321h(c)) is

22 amended to read as follows:

23 ‘‘(c) LOCATION OF STOCKPILES OF DEFENSE ARTI24 CLES.—

25 ‘‘(1) LIMITATION.—Except as provided in para26 graph (2), no stockpile of defense articles may be lo-
35

HR 1868 EAS

1 cated outside the boundaries of a United States mili2 tary base or a military base used primarily by the

3 United States.

4 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not

5 apply with respect to stockpiles of defense articles lo6 cated in the Republic of Korea, Thailand, any coun7 try that is a member of the North Atlantic Treaty Or8 ganization, any country that is a major non-NATO

9 ally, or any other country the President may des10 ignate. At least 15 days before designating a country

11 pursuant to the last clause of the preceding sentence,

12 the President shall notify the congressional commit13 tees specified in section 634A(a) in accordance with

14 the procedures applicable to reprogramming notifica15 tions under that section.’’.

16 Ω127æPage 55, line 14, strike out ø(a) DENIAL OF AS17 SISTANCE.—¿

18 Ω128æPage 56, strike out lines 6 through 18

19 Ω129æPage 57, after line 23 insert:

20 (d) There are authorized to be appropriated to the

21 President such sums as may be necessary to reimburse the

22 applicable appropriation, fund, or account for defense arti23 cles, defense services, and military education and training

24 provided under this section.
36

HR 1868 EAS

1 Ω130æPage 58, after line 4 insert:

2 PRIORITY DELIVERY OF EQUIPMENT

3 SEC. 536A. Notwithstanding any other provision of

4 law, the delivery of excess defense articles that are to be

5 transferred on a grant basis under section 516 of the For6 eign Assistance Act to NATO allies and to major non-NATO

7 allies on the southern and southeastern flank of NATO shall

8 be given priority to the maximum extent feasible over the

9 delivery of such excess defense articles to other countries.

10 Ω131æPage 61, line 10, strike out ø$50,000,000¿ and in11 sert: $100,000,000

12 Ω132æPage 63, after line 3 insert:

13 (c) EXPANDED AUTHORITY.—Section 660(b) of the

14 Foreign Assistance Act of 1961 is amended—

15 (1) in paragraph (3), by striking ‘‘or’’;

16 (2) in paragraph (4), by striking the period at

17 the end thereof and inserting ‘‘; or’’; and

18 (3) adding the following new paragraphs:

19 ‘‘(5) with respect to assistance, including train20 ing, relating to sanctions monitoring and enforce21 ment;

22 ‘‘(6) with respect to assistance provided to recon23 stitute civilian police authority and capability in the

24 post-conflict restoration of host nation infrastructure

25 for the purposes of supporting a nation emerging
37

HR 1868 EAS

1 from instability, and the provision of professional

2 public safety training, to include training in inter3 nationally recognized standards of human rights, the

4 rule of law, anti-corruption, and the promotion of ci5 vilian police roles that support democracy.’’.

6 Ω133æPage 63, line 6, strike out øHaiti,¿

7 Ω134æPage 63, line 8, strike out ødisplaced Burmese,¿

8 Ω135æPage 63, line 18, strike out all after ‘‘cooperating,’’

9 down to and including ‘‘operations’’ in line 19 and insert:

10 tactically or strategically, with the Khmer Rouge in their

11 military operations, or which is cooperating commercially

12 with the Khmer Rouge

13 Ω136æPage 65, line 18, strike out all after ‘‘appropriated’’

14 down to and including ‘‘Fund’’,’’ in line 19 and insert:

15 under the heading ‘‘Economic Assistance’’,

16 Ω137æPage 67, line 9, after ‘‘under’’ insert: titles I and

17 II of

18 Ω138æPage 67, after line 24 insert:

19 EARMARKS

20 SEC. 544A. (a) Funds appropriated by this Act which

21 are earmarked may be reprogrammed for other programs

22 within the same account notwithstanding the earmark if

23 compliance with the earmark is made impossible by oper-
38

HR 1868 EAS

1 ation of any provision of this or any other Act or, with

2 respect to a country with which the United States has an

3 agreement providing the United States with base rights or

4 base access in that country, if the President determines that

5 the recipient for which funds are earmarked has signifi6 cantly reduced its military or economic cooperation with

7 the United States since enactment of the Foreign Oper8 ations, Export Financing, and Related Programs Appro9 priations Act, 1991; however, before exercising the authority

10 of this subsection with regard to a base rights or base access

11 country which has significantly reduced its military or eco12 nomic cooperation with the United States, the President

13 shall consult with, and shall provide a written policy jus14 tification to the Committees on Appropriations: Provided,

15 That any such reprogramming shall be subject to the regu16 lar notification procedures of the Committees on Appropria17 tions: Provided further, That assistance that is repro18 grammed pursuant to this subsection shall be made avail19 able under the same terms and conditions as originally pro20 vided.

21 (b) In addition to the authority contained in sub22 section (a), the original period of availability of funds ap23 propriated by this Act and administered by the Agency for

24 International Development that are earmarked for particu25 lar programs or activities by this or any other Act shall
39

HR 1868 EAS

1 be extended for an additional fiscal year if the Adminis2 trator of such agency determines and reports promptly to

3 the Committees on Appropriations that the termination of

4 assistance to a country or a significant change in cir5 cumstances makes it unlikely that such earmarked funds

6 can be obligated during the original period of availability:

7 Provided, That such earmarked funds that are continued

8 available for an additional fiscal year shall be obligated

9 only for the purpose of such earmark.

10 Ω139æPage 68, line 1, after ‘‘CEILINGS’’ insert: AND EAR11 MARKS

12 Ω140æPage 68, line 16, strike out all after ‘‘Jordan’’ down

13 to and including ‘‘Act’’ in line 18

14 Ω141æPage 68, after line 18 insert:

15 (c) The President may transfer to Estonia such excess

16 defense articles as the President determines necessary to

17 help modernize the defense capabilities of Estonia, subject

18 to the requirements of subsections (b) through (f) of section

19 519 of the Foreign Assistance Act of 1961 (22 U.S.C.

20 2321m).

21 Ω142æPage 68, line 23, strike out all after ‘‘Congress’’

22 down to and including ‘‘96–533’’ in line 26

23 Ω143æPage 72, line 20, strike out øI¿ and insert: IV
40

HR 1868 EAS

1 Ω144æPage 74, line 16, after ‘‘prescribe’’ insert: : Pro2 vided, That section 1365(c) of the National Defense Author3 ization Act for Fiscal Year 1993 (Public Law 102–484; 22

4 U.S.C., 2778 note) is amended by striking out ‘‘During the

5 four-year period beginning on October 23, 1992’’ and in6 serting in lieu thereof ‘‘During the five-year period begin7 ning on October 23, 1993’’

8 Ω145æPage 74, strike out all after line 16, over to and

9 including line 7 on page 75

10 Ω146æPage 75, lines 17 and 18, strike out øsubsection¿

11 and insert: restriction

12 Ω147æPage 76, strike out all after line 21, over to and

13 including line 8 on page 77

14 Ω148æPage 77, after line 8 insert:

15 NON-OVERTIME DIFFERENTIAL PAY

16 SEC. 562. Title 5 of the United States Code is amended

17 by inserting the following:

18 (1) in section 5541(2)(xiv) after a ‘‘Foreign

19 Service officer’’ ‘‘, except for a Foreign Service Officer

20 who is a criminal investigator for the Agency for

21 International Development, Office of Inspector Gen22 eral’’.
41

HR 1868 EAS

1 Ω149æPage 77, strike all after line 8, over to and including

2 line 6 on page 78

3 Ω150æPage 78, strike out all after line 6, over to and in4 cluding line 8 on page 80

5 Ω151æPage 80, line 11, after ‘‘565.’’ insert: (a) WITH6 HOLDING.—

7 Ω152æPage 80, after line 17 insert:

8 (b) EXCEPTIONS.—The requirement of subsection (a)

9 to withhold assistance shall not apply with respect to—

10 (1) assistance to meet urgent humanitarian

11 needs, including disaster and refugee relief;

12 (2) democratic political reform and rule of law

13 activities;

14 (3) the creation of private sector and nongovern15 mental organizations that are independent of govern16 ment control;

17 (4) the development of a free market economic

18 system; and

19 (5) assistance for the purposes described in the

20 Cooperative Threat Reduction Act of 1993 (title XII

21 of Public Law 103–160).

22 (c) DEFINITION.—As used in subsection (a), the term

23 ‘‘assistance’’ means assistance under the Foreign Assistance

24 Act of 1961, credits, sales and guarantees of extensions of
42

HR 1868 EAS

1 credit under the Arms Export Control Act, assistance under

2 titles I and III of the Agricultural Trade Development and

3 Assistance Act of 1954, assistance under the FREEDOM

4 Support Act of 1992, and any other program of assistance

5 or credits provided by the United States to other countries

6 under other provisions of law, except that the term ‘‘assist7 ance’’ does not include humanitarian assistance, including

8 disaster relief assistance.

9 Ω153æPage 80, strike out lines 18 through 25

10 Ω154æPage 81, strike out lines 1 through 12

11 Ω155æPage 81, strike out lines 13 through 17

12 Ω156æPage 81, strike out all after line 17, over to and

13 including line 2 on page 82

14 Ω157æPage 82, strike out lines 4 through 7 and insert:

15 SEC. 570. None of the funds made available in this

16 Act may be used for international narcotics control assist17 ance under chapter 8 of part I of the Foreign Assistance

18 Act of 1961, or crop substitution assistance, directly for the

19 Government of Burma unless the Secretary of State certifies

20 to the appropriate congressional committees that any such

21 programs are fully consistent with United States human

22 rights concerns in Burma and serve a vital United States

23 national interest. The President shall include in the annual
43

HR 1868 EAS

1 International Narcotics Control Strategy Report submitted

2 under chapter 8 of part I of the Foreign Assistance Act of

3 1961 a description of the programs funded under this sec4 tion.

5 Ω158æPage 82, after line 7 insert:

6 ASIAN DEVELOPMENT BANK

7 SEC. 570A. The Secretary of the Treasury may, to ful8 fill commitments of the United States, subscribe to and

9 make payment for shares of the Asian Development Bank

10 in connection with the fourth general capital increase of

11 the Bank. The amount authorized to be appropriated for

12 paid-in shares of the Bank is limited to $66,614,647; the

13 amount authorized to be appropriated for payment for call14 able shares of the Bank is limited to $3,264,178,021. The

15 amount to be paid in respect of each subscription is author16 ized to be appropriated without fiscal year limitation. Any

17 subscription by the United States to the capital stock of the

18 Bank shall be effective only to such extent or in such

19 amounts as are provided in advance in appropriations

20 Acts.

21 Ω159æPage 82, after line 7 insert:

22 SPECIAL DEBT RELIEF FOR THE POOREST

23 SEC. 570B. (a) AUTHORITY TO REDUCE DEBT.—The

24 President may reduce amounts owed to the United States
44

HR 1868 EAS

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

2 as a result of—

3 (1) guarantees issued under sections 221 and 222

4 of the Foreign Assistance Act of 1961; or

5 (2) credits extended or guarantees issued under

6 the Arms Export Control Act.

7 (b) LIMITATIONS.—

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

9 may be exercised only to implement multilateral offi10 cial debt relief and referendum agreements, commonly

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

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

13 may be exercised only in such amounts or to such ex14 tent as is provided in advance by appropriations

15 Acts.

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

17 may be exercised only with respect to countries with

18 heavy debt burdens that are eligible to borrow from

19 the International Development Association, but not

20 from the International Bank for Reconstruction and

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

22 countries.

23 (c) CONDITIONS.—The authority provided by sub24 section (a) may be exercised only with respect to a country

25 whose government—
45

HR 1868 EAS

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

2 expenditures;

3 (2) has not repeatedly provided support for acts

4 of international terrorism;

5 (3) is not failing to cooperate on international

6 narcotics control matters;

7 (4) (including its military or other security

8 forces) does not engage in a consistent pattern of gross

9 violations of internationally recognized human rights;

10 and

11 (5) is not ineligible for assistance because of the

12 application of section 527 of the Foreign Relations

13 Authorization Act, fiscal years 1994 and 1995.

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

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

16 appropriated by this Act under the heading ‘‘Debt Restruc17 turing’’.

18 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc19 tion of debt pursuant to subsection (a) shall not be consid20 ered assistance for purposes of any provision of law limit21 ing assistance to a country. The authority provided by sub22 section (a) may be exercised notwithstanding section 620(r)

23 of the Foreign Assistance Act of 1961.

24 Ω160æPage 82, strike out lines 8 through 12
46

HR 1868 EAS

1 Ω161æPage 82, strike out all after line 12, over to and

2 including line 7 on page 83

3 Ω162æPage 83, strike out lines 8 through 12

4 Ω163æPage 83, strike out lines 13 through 17

5 Ω164æPage 83, after line 17 insert:

6 KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION

7 SEC. 575. No funds may be made available under this

8 Act to the Korean Peninsula Energy Development Organi9 zation (KEDO) unless the President determines and cer10 tifies in writing to the Committees on Appropriations

11 that—

12 (a) in accordance with Section 1 of the Agreed Frame13 work, KEDO has designated a Republic of Korea company,

14 corporation or entity for the purpose of negotiating a prime

15 contract to carry out construction of the light water reactors

16 provided for in the Agreed Framework; and

17 (b) the DPRK is maintaining the freeze on its nuclear

18 facilities as required in the Agreed Framework; and

19 (c) the United States is taking steps to assure that

20 progress is made on (1) the North South dialogue, including

21 efforts to reduce barriers to trade and investment, such as

22 removing restrictions on travel, telecommunications services

23 and financial transactions; and (2) implementation of the
47

HR 1868 EAS

1 January 1, 1992 Joint Declaration on the Denuclearization

2 of the Korean Peninsula;

3 (d) a report on the specific efforts with regard to sub4 section (c) shall be submitted by the President to the Com5 mittees on Appropriations six months after the date of en6 actment, and every six months thereafter.

7 Ω165æPage 83, after line 17 insert:

8 DRAWDOWN AUTHORITY FOR JORDAN

9 SEC. 576. During fiscal year 1996, the President may

10 direct, for the purposes of part II of the Foreign Assistance

11 Act of 1961, the drawdown for Jordan of defense articles

12 from the stocks of the Department of Defense, defense serv13 ices of the Department of Defense, and military education

14 and training of up to an aggregate of $100,000,000: Pro15 vided, That—

16 (a) within six months of the last drawdown

17 under subsection (a), the President shall submit a re18 port to the Committee on Appropriations identifying

19 the articles, services, training or education provided;

20 (b) section 506(c) of the Foreign Assistance Act

21 of 1961 shall apply to the drawdown authority in this

22 section; and

23 (c) section 632(d) of the Foreign Assistance Act

24 of 1961 shall not apply with respect to drawdowns

25 under this section.
48

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1 Ω166æPage 83, after line 17 insert:

2 SEC. 577. FEDERAL PROHIBITION OF FEMALE GENITAL MU3 TILATION.

4 (a) TITLE 18 AMENDMENT.—

5 (1) IN GENERAL.—Chapter 7 of title 18, United

6 States Code, is amended by adding at the end the fol7 lowing new section:

8 ‘‘§ 116. Female genital mutilation

9 ‘‘(a) Except as provided in subsection (b), whoever

10 knowingly circumcises, excises, or infibulates the whole or

11 any part of the labia majora or labia minora or clitoris

12 of another person who has not attained the age of 18 years

13 shall be fined under this title or imprisoned not more than

14 5 years, or both.

15 ‘‘(b) A surgical operation is not a violation of this sec16 tion if the operation is—

17 ‘‘(1) necessary to the health of the person on

18 whom it is performed, and is performed by a person

19 licensed in the place of its performance as a medical

20 practitioner; or

21 ‘‘(2) performed on a person in labor or who has

22 just given birth and is performed for medical pur23 poses connected with that labor or birth by a person

24 licensed in the place it is performed as a medical
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1 practitioner, midwife, or person in training to become

2 such a practitioner or midwife.

3 ‘‘(c) In applying subsection (b)(1), no account shall

4 be taken of the effect on the person on whom the operation

5 is to be performed of any belief on the part of that or any

6 other person that the operation is required as a matter of

7 custom or ritual.

8 ‘‘(d) Whoever knowingly denies to any person medical

9 care or services or otherwise discriminates against any per10 son in the provision of medical care or services, because—

11 ‘‘(1) that person has undergone female circumci12 sion, excision, or infibulation; or

13 ‘‘(2) that person has requested that female cir14 cumcision, excision, or infibulation be performed on

15 any person;

16 shall be fined under this title or imprisoned not more than

17 one year, or both.’’.

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 7 of title 18, United

20 States Code, is amended by adding at the end the fol21 lowing new item:

‘‘116. Female genital mutilation.’’.

22 (b) INFORMATION AND EDUCATION REGARDING FE23 MALE GENITAL MUTILATION.—
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1 (1) IN GENERAL.—The Secretary of Health and

2 Human Services shall carry out the following activi3 ties:

4 (A) Compile data on the number of females

5 living in the United States who have been sub6 jected to female genital mutilation (whether in

7 the United States or in their countries of origin),

8 including a specification of the number of girls

9 under the age of 18 who have been subjected to

10 such mutilation.

11 (B) Identify communities in the United

12 States that practice female genital mutilation,

13 and design and carry out outreach activities to

14 educate individuals in the communities on the

15 physical and psychological health effects of such

16 practice. Such outreach activities shall be de17 signed and implemented in collaboration with

18 representatives of the ethnic groups practicing

19 such mutilation and with representatives of or20 ganizations with expertise in preventing such

21 practice.

22 (C) Develop recommendations for the edu23 cation of students of schools of medicine and os24 teopathic medicine regarding female genital mu25 tilation and complications arising from such
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1 mutilation. Such recommendations shall be dis2 seminated to such schools.

3 (2) DEFINITION.—For purposes of this sub4 section, the term ‘‘female genital mutilation’’ means

5 the removal or infibulation (or both) of the whole or

6 part of the clitoris, the labia minor, or the labia

7 major.

8 (c) EFFECTIVE DATES.—

9 (1) Subsection (b) shall take effect immediately,

10 and the Secretary of Health and Human Services

11 shall commence carrying it out not later than 90 days

12 after the date of the enactment of this Act.

13 (2) Subsection (a) shall take effect 180 days after

14 the date of the enactment of this Act.

15 Ω167æPage 83, after line 17 insert:

16 LIBERIA

17 SEC. 578. (a) The Congress finds that—

18 (1) the war in Liberia begun in 1989 has dev19 astated that country, with more than 150,000 people

20 killed, 800,000 people forced to flee to other countries,

21 and thousands of children conscripted into the rebel

22 armies;

23 (2) after nearly six years of conflict, on August

24 19, 1995, the Liberia factions signed a peace agree25 ment in Abuja, Nigeria; and
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1 (3) the Liberian faction leaders and regional

2 powers appear to be committed to the most recent

3 peace accord, including the installation of the new

4 ruling council.

5 (b) It is the sense of the Congress that the United States

6 should strongly support the peace process in Liberia, in7 cluding diplomatic engagement, support for the west Africa

8 peacekeeping force, humanitarian assistance, and assist9 ance for demobilizing troops and for the resettlement of refu10 gees.

11 (c) Section 1(b)(2) of Public Law 102–270 is amended

12 by striking ‘‘to implement the Yamoussoukro accord’’.

13 Ω168æPage 83, after line 17 insert:

14 SEC. 579. INDEX OF ECONOMIC FREEDOM.

15 (a) REPORTING REQUIREMENT.—The President shall

16 include in the congressional presentation materials on

17 United States bilateral economic assistance submitted to the

18 appropriate congressional committees for a fiscal year a re19 port providing a concise overview of the prospects for eco20 nomic growth on a broad, equitable, and sustainable basis

21 in the countries receiving economic assistance under title

22 II of this Act. For each country, the report shall discuss

23 the laws, policies and practices of that country that most

24 contribute to or detract from the achievement of this kind

25 of growth. The report should address relevant macro-
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1 economic, microeconomic, social, legal, environmental, and

2 political factors and include economic freedom criteria re3 garding policies wage and price controls, State ownership

4 of production and distribution, State control of financial

5 institutions, trade and foreign investment, capital and

6 profit repatriation, tax and private property protections.

7 (b) COUNTRIES.—The countries referred to in sub8 section (a) are countries—

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

10 been obligated during the previous fiscal year for as11 sistance under sections 103 through 106, chapters 10

12 and 11 of part I, and chapter 4 of part II of the For13 eign Assistance Act of 1961, and under the Support

14 for Eastern Democracy Act of 1989; or

15 (2) for which in excess of $1,000,000 has been ob16 ligated during the previous fiscal year for assistance

17 administered by the Overseas Private Investment Cor18 poration.

19 (c) CONSULTATION.—The Secretary of State shall sub20 mit the report required by subsection (a) in consultation

21 with the Secretary of the Treasury, the Administrator of

22 the Agency for International Development, and the Presi23 dent of the Overseas Private Investment Corporation.

24 Ω169æPage 83, after line 17 insert:
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1 SEC. 580. To the maximum extent possible, the funds

2 provided by this Act shall be used to provide surveying and

3 mapping related services through contracts entered into

4 through competitive bidding to qualified United States con5 tractors.

6 Ω170æPage 83, after line 17 insert:

7 SEC. 581. ENERGY SAVINGS AT FEDERAL FACILITIES.

8 (a) REDUCTION IN FACILITIES ENERGY COSTS.—The

9 head of each agency for which funds are made available

10 under this Act shall take all actions necessary to achieve

11 during fiscal year 1996 a 5 percent reduction, from fiscal

12 year 1995 levels, in the energy costs of the facilities used

13 by the agency.

14 (b) USE OF COST SAVINGS.—An amount equal to the

15 amount of cost savings realized by an agency under sub16 section (a) shall remain available for obligation through the

17 end of fiscal year 1997, without further authorization or

18 appropriation, as follows:

19 (1) CONSERVATION MEASURES.—Fifty percent of

20 the amount shall remain available for the implemen21 tation of additional energy conservation measures

22 and for water conservation measures at such facilities

23 used by the agency as are designated by the head of

24 the agency.
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1 (2) OTHER PURPOSES.—Fifty percent of the

2 amount shall remain available for use by the agency

3 for such purposes as are designated by the head of the

4 agency, consistent with applicable law.

5 (c) REPORT.—

6 (1) IN GENERAL.—Not later than December 31,

7 1996, the head of each agency described in subsection

8 (a) shall submit a report to Congress specifying the

9 results of the actions taken under subsection (a) and

10 providing any recommendations concerning how to

11 further reduce energy costs and energy consumption

12 in the future.

13 (2) CONTENTS.—Each report shall—

14 (A) specify the total energy costs of the fa15 cilities used by the agency;

16 (B) identify the reductions achieved; and

17 (C) specify the actions that resulted in the

18 reductions.

19 Ω171æPage 83, after line 17 insert:

20 SEC. 582. REPORTS REGARDING HONG KONG.

21 (a) EXTENSION OF REPORTING REQUIREMENT.—Sec22 tion 301 of the United States-Hong Kong Policy Act of 1992

23 (22 U.S.C. 5731) is amended in the text above paragraph

24 (1)—
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1 (1) by inserting ‘‘March 31, 1996,’’ after ‘‘March

2 31, 1995,’’; and

3 (2) by striking ‘‘and March 31, 2000,’’ and in4 serting ‘‘March 31, 2000, and every year thereafter,’’.

5 (b) ADDITIONAL REQUIREMENTS.—In light of defi6 ciencies in reports submitted to the Congress pursuant to

7 section 301 of the United States-Hong Kong Policy Act (22

8 U.S.C. 5731), the Congress directs that reports required to

9 be submitted under that section on or after the date of enact10 ment of this Act include detailed information on the status

11 of, and other developments affecting, implementation of the

12 Sino-British Joint Declaration on the Question of Hong

13 Kong, including—

14 (1) the Basic Law and its consistency with the

15 Joint Declaration;

16 (2) the openness and fairness of elections to the

17 legislature;

18 (3) the openness and fairness of the election of

19 the chief executive and the executive’s accountability

20 to the legislature;

21 (4) the treatment of political parties;

22 (5) the independence of the judiciary and its

23 ability to exercise the power of final judgment over

24 Hong Kong law; and

25 (6) the Bill of Rights.
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1 Ω172æPage 83, after line 17 insert:

2 SEC. 583. HONDURAS.

3 (a) FINDINGS.—The Congress makes the following

4 findings:

5 (1) In 1981, a secret Honduran army death

6 squad known as Battalion 316 was created. During

7 the 1980’s Battalion 316 engaged in a campaign of

8 systematically kidnapping, torturing and murdering

9 suspected subversives. Victims included Honduran

10 students, teachers, labor leaders and journalists. In

11 1993 there were reportedly 184 unsolved cases of per12 sons who were allegedly ‘‘disappeared’’. They are pre13 sumed dead.

14 (2) At the time, Administration officials were

15 aware of the activities of Battalion 316, but in its

16 1983 human rights report the State Department stat17 ed that ‘‘There are no political prisoners in Hon18 duras’’.

19 (b) DECLASSIFICATION OF DOCUMENTS.—It is the

20 sense of the Congress that the President should order the

21 expedited declassification of any documents in the posses22 sion of the United States Government pertaining to persons

23 who allegedly ‘‘disappeared’’ in Honduras, and promptly

24 make such documents available to Honduran authorities

25 who are seeking to determine the fate of these individuals.
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1 Ω173æPage 83, after line 17 insert:

2 SEC. 584. REPORT ON RUSSIAN MILITARY OPERATIONS.

3 (a) No later than three months after the date of enact4 ment of this Act, the President shall declassify, to the maxi5 mum extent possible, and resubmit to the Congress the re6 port submitted to the Congress pursuant to section 528 of

7 Public Law 103–236, with an addendum updating the in8 formation in the report.

9 (b) The addendum referred to in subsection (a) shall

10 be unclassified to the maximum extent possible and shall

11 address, inter alia—

12 (1) Russian compliance or lack of compliance

13 with the Russian-Moldovan agreement of October 24,

14 1994, providing for the withdrawal of Russian mili15 tary forces from Moldova, subsequent Russian deploy16 ments of military forces to Moldova and Russian ef17 forts to secure long-term military basing rights in

18 Moldova;

19 (2) possible Russian complicity in the coup at20 tempt of September-October 1994 against the Govern21 ment of Azerbaijan and the exertion of Russian pres22 sure to influence decisions regarding the path of pipe23 lines that will carry Azerbaijani oil;

24 (3) Russian efforts or agreements to assume par25 tial or complete responsibility for securing the borders
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1 of countries other than Russia, using troops of the

2 Russian Ministry of Defense, Ministry of the Interior

3 or any other security agency of the Russian Federa4 tion;

5 (4) Russian efforts to integrate its armed forces,

6 other security forces, or intelligence agencies with

7 those of any other country and the relationship of

8 such efforts to the development of institutions under

9 the Commonwealth of Independent States; and

10 (5) Russian compliance with the Treaty on Con11 ventional Armed Forces in Europe and the Organiza12 tion on Security and Cooperation in Europe’s Code

13 of Conduct on the Politico-Military Aspects of Secu14 rity.

15 Ω174æPage 83, after line 17 insert:

16 LIMITATION ON ASSISTANCE TO COUNTRIES THAT RE17 STRICT THE TRANSPORT OR DELIVERY OF UNITED

18 STATES HUMANITARIAN ASSISTANCE

19 SEC. 585. (a) IN GENERAL.—None of the funds made

20 available in this Act may be used for assistance in support

21 of any country when it is made known to the President

22 that the government of such country prohibits or otherwise

23 restricts, directly of indirectly, the transport or delivery of

24 United States humanitarian assistance.
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1 (b) EXCEPTION.—Subsection (a) shall not apply to as2 sistance in support of any country when it is made known

3 to the President that the assistance is in the national secu4 rity interest of the United States.

5 Ω175æPage 83, after line 17 insert:

6 SEC. 586. Notwithstanding any other provision of this

7 Act, $20,000,000 of the funds made available under this Act

8 for or through the Agency for International Development

9 shall be transferred to, and merged with, the appropriations

10 account entitled ‘‘INTERNATIONAL NARCOTICS CONTROL’’

11 and shall be available for the same purposes for which funds

12 in such account are available.

13 Ω176æPage 83, after line 17 insert:

14 SEC. 587. GUATEMALA.

15 (a) FINDINGS.—The Congress makes the following

16 findings:

17 (1) The Government of Guatemala, under Presi18 dent De Leon Carpio, has made significant progress

19 towards negotiating an end to Guatemala’s civil con20 flict which has resulted in numerous human rights

21 violations, claimed tens of thousands of lives and im22 peded economic development in that country;

23 (2) President De Leon Carpio has taken steps to

24 improve human rights, including his support for the

25 United Nations mission for the verification of human
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1 rights and of compliance with the commitments of the

2 comprehensive agreement of human rights in Guate3 mala (Minugua) and his recent decision to abolish the

4 military commissioners, but his efforts to bring

5 human rights violators to justice have been impeded

6 by certain members of the Guatemalan armed forces;

7 (3) Despite numerous appeals by the families of

8 victims of human rights abuses, human rights organi9 zations and Members of the United States Congress,

10 there has been minimal progress towards resolving

11 specific human rights cases including cases involving

12 American citizens or their relatives;

13 (4) President De Leon Carpio deserves the sup14 port of the United States in his efforts to resolve Gua15 temala’s conflict peacefully, to support Democratic

16 elections, and to improve respect for human rights.

17 (b) LIMITATIONS.—Notwithstanding any other provi18 sions of law—

19 (1) No assistance in this act or any other act

20 shall be made available to the Guatemalan Armed

21 Forces or the URNG;

22 (2) No sales of defense articles or services shall

23 be licensed or approved for Guatemala for the Armed

24 Forces or URNG; and
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1 (3) No visas shall be granted for any member of

2 the Guatemalan Armed Forces or the URNG sus3 pected of participating in or ordering any violation

4 of human rights or of seeking to coverup or otherwise

5 thwart the investigation of such acts.

6 (c) CERTIFICATION.—The limitations contained in

7 subsection (b) shall cease to apply when the President cer8 tifies to the Committee on Appropriations and the Commit9 tee on Foreign Relations that—

10 (1) The Guatemalan Armed Forces and the

11 URNG are fully cooperating with efforts—

12 (A) By the family of United States citizen

13 Michael Devine who was murdered in 1990 to

14 bring to justice those responsible for the murder

15 or coverup of the murder;

16 (B) The October 1994 murders of Roderico

17 Baudilio De Leon and Flavio Matias Marroquin

18 (C) By Jennifer Harbury to exhume the

19 body of her husband, Efrain Bamaca Velasquez;

20 and

21 (D) By human rights organizations and the

22 Guatemalan Attorney General to investigate and

23 bring to justice those involved in the prominent

24 human rights cases committed by both sides to

25 the conflict, including those cases enumerated in
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1 the April 7, 1995 letter to President Clinton by

2 twelve Members of the United States Senate.

3 (2) The Guatemalan Government and Armed

4 Forces are complying with the recommendations in

5 Minugua’s first and second reports, particularly those

6 related to the investigation and prosecution of human

7 rights cases.

8 (3) The United States Representative to the

9 United Nations Human Rights Commission has con10 sulted with Representatives of other member States to

11 determine whether respect for human rights would be

12 enhanced by the appointment of a special United Na13 tions Rapporteur for Guatemala.

14 Ω177æPage 83, after line 17 insert:

15 SEC. 588. (a) The Senate finds the following:

16 (1) Since March 1995 the Peruvian Government

17 has engaged in an aggressive air interdiction pro18 gram to prevent narcotics traffickers from violating

19 Peruvian airspace for the purpose of transporting il20 legal narcotics to Colombia.

21 (2) As a result of the Peruvian interdiction pro22 gram, the number of illicit flights detected in recent

23 months has dropped to its lowest level in over three

24 years and the price of transporting narcotics out of

25 Peru has risen by as much as 500 percent.
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1 (3) The inability of the traffickers to move co2 caine base out of Peru has produced a glut of coca

3 leaf and cocaine base in Peru with a resulting 50 per4 cent decline in the price.

5 (4) The Peruvian Government’s ability to sus6 tain the success of its interdiction program is depend7 ent on the maintenance and upkeep of a very limited

8 number of aircraft.

9 (5) As a result of the internal Peruvian political

10 situation and the conflict earlier this year between

11 Peru and Ecuador, the United States suspended mili12 tary transfers to Peru.

13 (6) As much as 80 percent of the cocaine that

14 reaches the United States comes from coca grown in

15 Peru and the disruption of the air corridor between

16 Peru and Colombia is important to United States

17 counter narcotics efforts.

18 (7) The situations which led to the cutoff of mili19 tary equipment for the air interdiction effort have

20 been satisfactorily resolved or have progressed to a

21 point where the cutoff of this military equipment is

22 no longer in the interest of the United States.

23 (b) It is the sense of the Senate that the President

24 should, as soon as possible, provide limited spare parts and

25 other military equipment to the Government of Peru in sup-
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1 port of Peruvian Air Force efforts to monitor, intercept and

2 interdict aircraft and other forms of transportation engaged

3 in illegal narcotics trafficking activities.

4 Ω178æPage 83, after line 17 insert:

5 SEC. 589. Of the funds appropriated for Turkey under

6 the heading ‘‘Economic Assistance’’, not less than

7 $5,000,000 shall be made available only through non-gov8 ernmental organizations to be used only for projects in the

9 ten southeastern provinces currently under a state of emer10 gency, and shall be used only for projects designed to pro11 mote economic development, cultural and ethnic tolerance,

12 and human rights activities, and to support the develop13 ment and activities of non-governmental organizations.

14 Ω179æPage 83, after line 17 insert:

15 SEC. 590. HONG KONG ELECTIONS.

16 (a) FINDINGS.—The Congress finds the following:

17 (1) The right to an elected legislature in Hong

18 Kong is guaranteed by the 1984 Sino-British Joint

19 Declaration on the Question of Hong Kong.

20 (2) The United States-Hong Kong Policy Act de21 clared the Congress’s support for full implementation

22 of the 1984 Sino-British Joint Declaration;

23 (3) The People’s Republic of China declared in

24 the Joint Declaration that Hong Kong would be

25 ‘‘vested legislative, executive and independent judicial
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1 power’’ and would have ‘‘a legislature constituted by

2 elections’’.

3 (4) On September 17, 1995, the highest number

4 of Hong Kong voters ever demonstrated their commit5 ment to democracy by freely expressing their right to

6 vote in the Legislative Council elections.

7 (5) The voters of Hong Kong have overwhelm8 ingly expressed their desire for the establishment of a

9 fully democratic government by electing 60 Legisla10 tive Councillors for four-year terms.

11 (b) SENSE OF CONGRESS.—It is the sense of the Con12 gress that—

13 (1) the people of Hong Kong are to be congratu14 lated for exercising their right to vote on September

15 17, 1995;

16 (2) the People’s Republic of China should respect

17 the clear will of the people of Hong Kong to have a

18 fully democratic government;

19 (3) the Government of the People’s Republic of

20 China should enter into a dialogue with the democrat21 ically elected representatives of the Hong Kong people;

22 and

23 (4) the Government of the People’s Republic of

24 China should respect the mandate of the elected mem25 bers by withdrawing its pledge to abolish the Legisla-
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1 tive Council in violation of the Joint Declaration’s

2 provisions on Hong Kong’s legislature and autonomy

3 in all but defense and foreign affairs.

4 Ω180æPage 83, after line 17 insert:

5 SEC. 591. SENSE OF THE SENATE ON THAILAND.

6 (a) FINDINGS.—The Senate makes the following find7 ings—

8 (1) the Royal Thai Government has had a policy

9 of not supporting or cooperating with the Khmer

10 Rouge; and

11 (2) Thailand is host to large numbers of persons

12 displaced from neighboring countries, including

13 Burma, placing a significant burden on Thailand’s

14 economy.

15 (b) SENSE OF THE SENATE.—It is the sense of the Sen16 ate that the President should—

17 (1) affirm to the Royal Thai Government the

18 support of the United States for that Government’s

19 policy not to support or cooperate with the Khmer

20 Rouge and encourage the Royal Thai Government to

21 prosecute vigorously its efforts to prevent cooperation

22 between individual members of the Royal Thai Armed

23 Forces and the Khmer Rouge; and

24 (2) take appropriate steps to assist the Royal

25 Thai Government in providing and facilitating relief
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1 to displaced persons from Burma and other neighbor2 ing countries and to encourage that Government to

3 fully cooperate in such relief efforts.

4 Ω181æPage 83, after line 17 insert:

5 SEC. 592. EXTENSION OF TIED AID CREDIT PRO6 GRAM.—(a) Section 10(c)(2) of the Export-Import Bank

7 Act of 1945 (12 U.S.C. 635i–3(c)(2)) is amended by striking

8 ‘‘1995’’ and inserting ‘‘1997’’.

9 (b) Section 10(e) of the Export-Import Bank Act of

10 1945 (12 U.S.C. 635i–3(e)) is amended by striking ‘‘1993,

11 1994, and 1995’’ and inserting ‘‘1996 and 1997’’.

12 SEC. 593. AUTHORITY TO CONDUCT A DEMONSTRA13 TION PROJECT.—Notwithstanding section 4701(a)(1)(A) of

14 title 5, United States Code, the Export-Import Bank of the

15 United States may conduct a demonstration project in ac16 cordance with section 4703 of such title 5.

17 Ω182æPage 83, after line 17 insert:

18 CONVENTIONAL WEAPONS REVIEW

19 SEC. 594. (a) FINDINGS.—The Congress makes the fol20 lowing findings:

21 (1) On September 26, 1994, the President de22 clared that it is a goal of the United States to eventu23 ally eliminate antipersonnel landmines.

24 (2) On December 15, 1994, the United Nations

25 General Assembly adopted a resolution sponsored by
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1 the United States which called for international ef2 forts to eliminate antipersonnel landmines.

3 (3) According to the Department of State, there

4 are an estimated 80,000,000 to 110,000,000

5 unexploded landmines in 62 countries.

6 (4) Antipersonnel landmines are routinely used

7 against civilian populations and kill and maim an

8 estimated 70 people each day, or 26,000 people each

9 year.

10 (5) The Secretary of State has noted that land11 mines are ‘‘slow-motion weapons of mass destruc12 tion’’.

13 (6) There are hundreds of varieties of anti14 personnel landmines, from a simple type available at

15 a cost of only two dollars to the more complex self16 destructing type, and all landmines of whatever vari17 ety kill and maim civilians, as well as combatants,

18 indiscriminately.

19 (b) CONVENTIONAL WEAPONS CONVENTION REVIEW.—

20 It is the sense of Congress that, at the United Nations con21 ference to review the 1980 Conventional Weapons Conven22 tion, including Protocol II on landmines, that is to be held

23 from September 25 to October 13, 1995, the President

24 should actively support proposals to modify Protocol II that
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1 would implement as rapidly as possible the United States

2 goal of eventually eliminating antipersonnel landmines.

3 (c) MORATORIUM ON USE OF ANTIPERSONNEL LAND4 MINES.—(1) UNITED STATES MORATORIUM.—(A) For a pe5 riod of one year beginning three years after the date of the

6 enactment of this Act, the United States shall not use anti7 personnel landmines except along internationally recog8 nized national borders or in demilitarized zones within a

9 perimeter marked area that is monitored by military per10 sonnel and protected by adequate means to ensure the exclu11 sion of civilians.

12 (B) If the President determines, before the end of the

13 one year period of the United States moratorium under sub14 paragraph (A), that the governments of other nations are

15 implementing moratoria on use of antipersonnel landmines

16 similar to the United States moratorium, the President

17 may extend the period of the United States moratorium for

18 such additional period as the President considers appro19 priate.

20 (2) OTHER NATIONS.—It is the sense of Congress that

21 the President should actively encourage the governments of

22 other nations to join the United States in solving the global

23 landmine crisis by implementing moratoria on use of anti24 personnel landmines similar to the United States morato-
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1 rium as a step toward the elimination of antipersonnel

2 landmines.

3 (d) ANTIPERSONNEL LANDMINE EXPORTS.—It is the

4 sense of Congress that, consistent with the United States

5 moratorium on exports of antipersonnel landmines and in

6 order to further discourage the global proliferation of anti7 personnel landmines, the United States Government should

8 not sell, license for export, or otherwise transfer defense arti9 cles and services to any foreign government which, as deter10 mined by the President, sells, exports, or otherwise transfers

11 antipersonnel landmines.

12 (e) DEFINITIONS.—For purposes of this Act:

13 (1) ANTIPERSONNEL LANDMINE.—(A) The term

14 ‘‘antipersonnel landmine’’ means any munition

15 placed under, on, or near the ground or other surface

16 area, delivered by artillery, rocket, mortar, or similar

17 means, or dropped from an aircraft and which is de18 signed, constructed, or adapted to be detonated or ex19 ploded by the presence, proximity, or contact of a per20 son.

21 (B) The term ‘‘antipersonnel landmine’’ does not

22 include command detonated Claymore munitions.

23 (2) 1980 CONVENTIONAL WEAPONS CONVEN24 TION.—The term ‘‘1980 Conventional Weapons Con25 vention’’ means the Convention on Prohibitions or
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1 Restrictions on the Use of Certain Conventional

2 Weapons Which May Be Deemed To Be Excessively

3 Injurious or To Have Indiscriminate Effects, together

4 with the protocols relating thereto, done at Geneva on

5 October 10, 1980.

6 Ω183æPage 83, after line 17 insert:

7 SEC. 595. EXTENSION OF AU PAIR PROGRAMS.

8 Section 8 of the Eisenhower Exchange Fellowship Act

9 of 1990 is amended in the last sentence by striking ‘‘fiscal

10 year 1995’’ and inserting ‘‘fiscal year 1998’’.

11 Ω184æPage 83, after line 17 insert:

12 SEC. 596. Funds appropriated by this Act may be obli13 gated and expended notwithstanding section 10 of Public

14 Law 91–672 and section 15 of the State Department Basic

15 Authorities Act of 1956: Provided, That this section shall

16 not apply with respect to any accounts for which a general

17 authorization of appropriations for fiscal year 1996 is en18 acted in law on or before April 1, 1996.

19 Ω185æPage 83, after line 17 insert:

20 SEC. 597. CROATIAN-AMERICAN ENTERPRISE FUND.

21 (a) DESIGNATION OF FUND.—The President shall des22 ignate a private, nonprofit organization as eligible to re23 ceive funds and support pursuant to this section with re24 spect to Croatia in the same manner and with the same
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1 limitations as set forth in section 201(d) of the Support

2 for East European Democracy (SEED) Act of 1989. Such

3 organization shall be known as the ‘‘Croatian-American

4 Enterprise Fund’’.

5 (b) APPLICATION OF SEED ACT.—Except as otherwise

6 specifically provided in this section, the provisions con7 tained in section 201 of the Support for East European

8 Democracy (SEED) Act of 1989 (excluding the authoriza9 tions of appropriations provided in subsection (b) of that

10 section) shall apply to the Croatian-American Enterprise

11 Fund. The officers, members, or employees of the Croatian12 American Enterprise Fund shall enjoy the same status

13 under law that is applicable to officers, members, or em14 ployees of the Enterprise Funds for Poland and Hungary

15 under the Support for East European Democracy (SEED)

16 Act of 1989.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—(1) There

18 are authorized to be appropriated to the President for pur19 poses of this section, in addition to funds otherwise avail20 able for such purposes, $12,000,000 for fiscal year 1996 to

21 fund the Croatian-American Enterprise Fund established

22 under subsection (a).

23 (2) Funds appropriated under this subsection are au24 thorized to remain available until expended.
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1 (d) APPROPRIATIONS.—Of the funds appropriated or

2 otherwise made available by this Act under the heading en3 titled ‘‘ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

4 STATES’’, $12,000,000 shall be available only to support the

5 Croatian-American Fund established by subsection (a).

6 Ω186æPage 83, after line 17 insert:

7 SEC. 598. SANCTIONS AGAINST COUNTRIES HARBORING

8 WAR CRIMINALS.

9 (a) BILATERAL ASSISTANCE.—Assistance may not be

10 provided in any fiscal year under the Foreign Assistance

11 Act of 1961 or the Arms Export Control Act for any country

12 described in subsection (c).

13 (b) MULTILATERAL ASSISTANCE.—The Secretary of

14 the Treasury shall instruct the United States executive di15 rectors of the international financial institutions each fiscal

16 year to work in opposition to, and vote against, any exten17 sion by such institutions of financing or financial or tech18 nical assistance to any country described in subsection (c).

19 (c) SANCTIONED COUNTRIES.—A country described in

20 this subsection is a country the government of which per21 mits entry into or presence in the territory of such country

22 to any person—

23 (1) who has been indicted by the International

24 Criminal Tribunal for the former Yugoslavia, the

25 International Criminal Tribunal for Rwanda, or any
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1 other international tribunal with similar standing

2 under international law, or

3 (2) who has been indicted for war crimes or

4 crimes against humanity committed during the pe5 riod beginning March 23, 1933 and ending on May

6 8, 1945 under the direction of, or in association

7 with—

8 (A) the Nazi government of Germany;

9 (B) any government in any area occupied

10 by the military forces of the Nazi government of

11 Germany;

12 (C) any government which was established

13 with the assistance or cooperation of the Nazi

14 government of Germany; or

15 (D) any government which was an ally of

16 the Nazi government of Germany.

17 (d) DEFINITIONS.—As used in this section—

18 (1) the term ‘‘international financial institu19 tions’’ includes the International Bank for Recon20 struction and Development, the International Devel21 opment Association, the International Monetary

22 Fund, the European Bank for Reconstruction and De23 velopment, the International Finance Corporation,

24 the Multilateral Investment Guarantee Agency, the

25 Inter-American Development Bank, the Inter-Amer-
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1 ican Investment Corporation, the African Develop2 ment Bank, the African Development Fund, and the

3 Asian Development Bank; and

4 (2) the term ‘‘war crime’’ includes any offense

5 which is—

6 (A) a grave breach of any of the four Gene7 va Conventions for the Protection of War Victims

8 of August 12, 1949;

9 (B) a violation of the Hague Convention

10 (IV) Respecting the Laws and Customs of War

11 on Land of October 18, 1907, or the Regulations

12 annexed thereto;

13 (C) a violation of the Convention on the

14 Prevention and Punishment of the Crime of

15 Genocide of December 9, 1948; or

16 (D) a violation of the Charter of the Inter17 national Military Tribunal of August 8, 1945.

18 Ω187æPage 83, after line 17 insert:

19 SEC. 599. RUSSIAN COMPLIANCE WITH THE CFE

20 TREATY AND PRIORITIES FOR MODIFYING EXISTING ARMS

21 CONTROL TREATIES.—It is the sense of the Senate that—

22 (a) the failure by the Russian Federation to meet any

23 obligation under the Treaty of the Conventional Armed

24 Forces in Europe shall constitute non-compliance with the

25 Treaty;
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1 (b) the United States should insist on full compliance

2 by the Russian Federation with all of the obligations of the

3 Treaty on Conventional Armed Forces in Europe;

4 (c) the Treaty on Conventional Armed Forces in Eu5 rope provides adequate means by which the Russian Fed6 eration can meet its claimed military requirements for trea7 ty-limited equipment in the flank zone defined by Article

8 V of the Treaty, including movement of equipment within

9 the flank zone, temporary deployment of additional equip10 ment to the flank zone, and the temporary removal of equip11 ment from designated permanent storage sites located in the

12 flank zone.

13 Ω188æPage 83, after line 17 insert:

14 TITLE VI—MIDDLE EAST PEACE FACILITATION

15 ACT OF 1995

16 SHORT TITLE

17 SEC. 601. This title may be cited as the ‘‘Middle East

18 Peace Facilitation Act of 1995’’.

19 FINDINGS

20 SEC. 602. The Congress finds that—

21 (1) the Palestine Liberation Organization (here22 after the ‘‘P.L.O.’’) has recognized the State of Israel’s

23 right to exist in peace and security; accepted United

24 Nations Security Council Resolutions 242 and 338;

25 committed itself to the peace process and peaceful co-
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1 existence with Israel, free from violence and all other

2 acts which endanger peace and stability; and assumed

3 responsibility over all P.L.O. elements and personnel

4 in order to assure their compliance, prevent viola5 tions, and discipline violators;

6 (2) Israel has recognized the P.L.O. as the rep7 resentative of the Palestinian people;

8 (3) Israel and the P.L.O. signed a Declaration of

9 Principles on Interim Self-Government Arrangements

10 (hereafter the ‘‘Declaration of Principles’’) on Sep11 tember 13, 1993 at the White House;

12 (4) Israel and the P.L.O. signed an Agreement

13 on the Gaza Strip and the Jericho Area (hereafter the

14 ‘‘Gaza-Jericho Agreement’’) on May 4, 1994 which es15 tablished a Palestinian Authority for the Gaza and

16 Jericho areas;

17 (5) Israel and the P.L.O. signed an Agreement

18 on Preparatory Transfer of Powers and Responsibil19 ities (hereafter the ‘‘Early Empowerment Agreement’’)

20 on August 29, 1994 which provided for the transfer

21 to the Palestinian Authority of certain powers and re22 sponsibilities in the West Bank outside of the Jericho

23 Area;

24 (6) under the terms of the Declaration of Prin25 ciples, the Gaza-Jericho Agreement and the Early
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1 Empowerment Agreement, the powers and responsibil2 ities of the Palestinian Authority are to be assumed

3 by an elected Palestinian Council with jurisdiction in

4 the West Bank and Gaza Strip in accordance with

5 the Interim Agreement to be concluded between Israel

6 and the P.L.O.;

7 (7) permanent status negotiations relating to the

8 West Bank and Gaza Strip are scheduled to begin by

9 May 1996;

10 (8) the Congress has, since the conclusion of the

11 Declaration of Principles and the P.L.O.’s renunci12 ation of terrorism, provided authorities to the Presi13 dent to suspend certain statutory restrictions relating

14 to the P.L.O., subject to Presidential certifications

15 that the P.L.O. has continued to abide by commit16 ments made in and in connection with or resulting

17 from the good faith implementation of, the Declara18 tion of Principles;

19 (9) the P.L.O. commitments relevant to Presi20 dential certifications have included commitments to

21 renounce and condemn terrorism, to submit to the

22 Palestinian National Council for formal approval the

23 necessary changes to those articles of the Palestinian

24 Covenant which call for Israel’s destruction, and to
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1 prevent acts of terrorism and hostilities against Is2 rael; and

3 (10) the President, in exercising the aforemen4 tioned authorities, has certified to the Congress on

5 four occasions that the P.L.O. was abiding by its rel6 evant commitments.

7 SENSE OF CONGRESS

8 SEC. 603. It is the sense of the Congress that although

9 the P.L.O. has recently shown improvement in its efforts

10 to fulfill its commitments, it must do far more to dem11 onstrate an irrevocable denunciation of terrorism and en12 sure a peaceful settlement of the Middle East dispute, and

13 in particular it must—

14 (1) submit to the Palestine National Council for

15 formal approval the necessary changes to those arti16 cles of the Palestinian National Covenant which call

17 for Israel’s destruction;

18 (2) make greater efforts to pre-empt acts of ter19 ror, to discipline violators and to contribute to stem20 ming the violence that has resulted in the deaths of

21 123 Israeli citizens since the signing of the Declara22 tion of Principles;

23 (3) prohibit participation in its activities and in

24 the Palestinian Authority and its successors by any

25 groups or individuals which continue to promote and

26 commit acts of terrorism;
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1 (4) cease all anti-Israel rhetoric, which poten2 tially undermines the peace process;

3 (5) confiscate all unlicensed weapons and restrict

4 the issuance of licenses to those with legitimate need;

5 (6) transfer and cooperate in transfer proceed6 ings relating to any person accused by Israel to acts

7 of terrorism; and

8 (7) respect civil liberties, human rights and

9 democratic norms.

10 AUTHORITY TO SUSPEND CERTAIN PROVISIONS

11 SEC. 604. (a) IN GENERAL.—Subject to subsection (b),

12 beginning on the date of enactment of this Act and for

13 twelve months thereafter, the President may suspend for a

14 period of not more than 6 months at a time any provision

15 of law specified in subsection (d). Any such suspension shall

16 cease to be effective after 6 months, or at such earlier date

17 as the President may specify.

18 (b) CONDITIONS.—

19 (1) CONSULTATIONS.—Prior to each exercise of

20 the authority provided in subsection (a) or certifi21 cation pursuant to subsection (c), the President shall

22 consult with the relevant congressional committees.

23 The President may not exercise that authority or

24 make such certification until 30 days after a written

25 policy justification is submitted to the relevant con26 gressional committees.
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1 (2) PRESIDENTIAL CERTIFICATION.—The Presi2 dent may exercise the authority provided in sub3 section (a) only if the President certifies to the rel4 evant congressional committees each time he exercises

5 such authority that—

6 (A) it is in the national interest of the

7 United States to exercise such authority;

8 (B) the P.L.O. continues to comply with all

9 the commitments described in paragraph (4);

10 and

11 (C) funds provided pursuant to the exercise

12 of this authority and the authorities under sec13 tion 583(a) of Public Law 103–236 and section

14 3(a) of Public Law 103–125 have been used for

15 the purposes for which they were intended.

16 (3) REQUIREMENT FOR CONTINUING P.L.O. COM17 PLIANCE.—

18 (A) The President shall ensure that P.L.O.

19 performance is continuously monitored and if

20 the President at any time determines that the

21 P.L.O. has not continued to comply with all the

22 commitments described in paragraph (4), he

23 shall so notify the relevant congressional commit24 tees and any suspension under subsection (a) of
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1 a provision of law specified in subsection (d)

2 shall cease to be effective.

3 (B) Beginning six months after the date of

4 enactment of this Act, if the President on the

5 basis of the continuous monitoring of the

6 P.L.O.’s performance determines that the P.L.O.

7 is not complying with the requirements described

8 in subsection (c), he shall so notify the relevant

9 congressional committees and no assistance shall

10 be provided pursuant to the exercise by the Presi11 dent of the authority provided by subsection (a)

12 until such time as the President makes the cer13 tification provided for in subsection (c).

14 (4) P.L.O. COMMITMENTS DESCRIBED.—The

15 commitments referred to in paragraphs (2) and

16 (3)(A) are the commitments made by the P.L.O.—

17 (A) in its letter of September 9, 1993, to the

18 Prime Minister of Israel; in its letter of Septem19 ber 9, 1993, to the Foreign Minister of Norway

20 to—

21 (i) recognize the right of the State of

22 Israel to exist in peace and security;

23 (ii) accept United Nations Security

24 Council Resolutions 242 and 338;
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1 (iii) renounce the use of terrorism and

2 other acts of violence;

3 (iv) assume responsibility over all

4 P.L.O. elements and personnel in order to

5 assure their compliance, prevent violations

6 and discipline violators;

7 (v) call upon the Palestinian people in

8 the West Bank and Gaza Strip to take part

9 in the steps leading to the normalization of

10 life, rejecting violence and terrorism, and

11 contributing to peace and stability; and

12 (vi) submit to the Palestine National

13 Council for formal approval the necessary

14 changes to the Palestinian National Cov15 enant eliminating calls for Israel’s destruc16 tion, and

17 (B) in, and resulting from, the good faith

18 implementation of the Declaration of Principles,

19 including good faith implementation of subse20 quent agreements with Israel, with particular at21 tention to the objective of preventing terrorism,

22 as reflected in the provisions of the Gaza-Jericho

23 Agreement concerning—

24 (i) prevention of acts of terrorism and

25 legal measures against terrorists;
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1 (ii) abstention from and prevention of

2 incitement, including hostile propaganda;

3 (iii) operation of armed forces other

4 than the Palestinian Police;

5 (iv) possession, manufacture, sale, ac6 quisition or importation of weapons;

7 (v) employment of police who have

8 been convicted of serious crimes or have

9 been found to be actively involved in terror10 ist activities subsequent to their employ11 ment;

12 (vi) transfers to Israel of individuals

13 suspected of, charged with, or convicted of

14 an offense that falls within Israeli criminal

15 jurisdiction;

16 (vii) cooperation with the government

17 of Israel in criminal matters, including co18 operation in the conduct of investigations;

19 and

20 (viii) exercise of powers and respon21 sibilities under the agreement with due re22 gard to internationally accepted norms and

23 principles of human rights and the rule of

24 law.
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1 (5) POLICY JUSTIFICATION.—As part of the

2 President’s written policy justification to be submit3 ted to the relevant Congressional Committees pursu4 ant to paragraph (1), the President will report on—

5 (A) the manner in which the P.L.O. has

6 complied with the commitments specified in

7 paragraph (4), including responses to individual

8 acts of terrorism and violence, actions to dis9 cipline perpetrators of terror and violence, and

10 actions to preempt acts of terror and violence;

11 (B) the extent to which the P.L.O. has ful12 filled the requirements specified in subsection (c);

13 (C) actions that the P.L.O. has taken with

14 regard to the Arab League boycott of Israel;

15 (D) the status and activities of the P.L.O.

16 office in the United States; and

17 (E) the status of U.S. and international as18 sistance efforts in the areas subject to jurisdic19 tion of the Palestinian Authority or its succes20 sors.

21 (c) REQUIREMENT FOR CONTINUED PROVISION OF AS22 SISTANCE.—Six months after the enactment of this Act, no

23 assistance shall be provided pursuant to the exercise by the

24 President of the authority provided by subsection (a), unless
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1 and until the President determines and so certifies to the

2 Congress that—

3 (1) if the Palestinian Council has been elected

4 and assumed its responsibilities, it has, within a rea5 sonable time, effectively disavowed and thereby nul6 lified the articles of the Palestine National Covenant

7 which call for Israel’s destruction, unless the nec8 essary changes to the Covenant have already been sub9 mitted to the Palestine National Council for formal

10 approval;

11 (2) the P.L.O. has exercised its authority reso12 lutely to establish the necessary enforcement institu13 tions; including laws, police, and a judicial system,

14 for apprehending, prosecuting, convicting, and im15 prisoning terrorists;

16 (3) the P.L.O. has limited participation in the

17 Palestinian Authority and its successors to individ18 uals and groups that neither engage in nor practice

19 terrorism or violence in the implementation of their

20 political goals;

21 (4) the P.L.O. has not provided any financial or

22 material assistance or training to any group, whether

23 or not affiliated with the P.L.O., to carry out actions

24 inconsistent with the Declaration of Principles, par25 ticularly acts of terrorism against Israel;
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1 (5) the P.L.O. has cooperated in good faith with

2 Israeli authorities in the preemption of acts of terror3 ism and in the apprehension and trial of perpetrators

4 of terrorist acts in Israel, territories controlled by Is5 rael and all areas subject to jurisdiction of the Pal6 estinian Authority and its successors;

7 (6) the P.L.O. has exercised its authority reso8 lutely to enact and implement laws requiring the dis9 arming of civilians not specifically licensed to possess

10 or carry weapons;

11 (7) the P.L.O. has not funded, either partially or

12 wholly, or has ceased funding, either partially or

13 wholly, any office, or other presence of the Palestinian

14 Authority in Jerusalem; and

15 (8) the P.L.O. is cooperating fully with the Gov16 ernment of the United States on the provision of in17 formation on United States nationals known to have

18 been held at any time by the P.L.O. or factions there19 of.

20 (d) PROVISIONS THAT MAY BE SUSPENDED.—The

21 provisions that may be suspended under the authority of

22 subsection (a) are the following:

23 (1) Section 307 of the Foreign Assistance Act of

24 1961 (22 U.S.C. 2227) as it applies with respect to

25 the P.L.O. or entities associated with it.
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1 (2) Section 114 of the Department of State Au2 thorization Act, fiscal years 1984 and 1985 (22

3 U.S.C. 287e note) as it applies with respect to the

4 P.L.O. or entities associated with it.

5 (3) Section 1003 of the Foreign Relations Au6 thorization Act, fiscal years 1988 and 1989 (22

7 U.S.C. 5202).

8 (4) Section 37 of the Bretton Woods Agreement

9 Act (22 U.S.C. 286W) as it applies on the granting

10 to the P.L.O. of observer status or other official status

11 at any meeting sponsored by or associated with the

12 International Monetary Fund. As used in this para13 graph, the term ‘‘other official status’’ does not in14 clude membership in the International Monetary

15 Fund.

16 (e) RELEVANT CONGRESSIONAL COMMITTEES DE17 FINED.—As used in this title, the term ‘‘relevant congres18 sional committees’’ means—

19 (1) the Committee on International Relations,

20 the Committee on Banking and Financial Services,

21 and the Committee on Appropriations of the House of

22 Representatives; and

23 (2) the Committee on Foreign Relations and the

24 Committee on Appropriations of the Senate.

25 Ω189æPage 83, after line 17 insert:
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1 LIMITATION ON ASSISTANCE FOR HAITI

2 SEC. 605. (a) LIMITATION.—None of the funds appro3 priated or otherwise made available by this Act or any other

4 Act may be furnished to the Government of Haiti until the

5 President determines and reports in writing to the Congress

6 that—

7 (1) the Government of Haiti has conducted or is

8 conducting a thorough and professional investigation

9 into, and prosecution of those responsible for the mur10 der of Mireille Durocher de Bertin on March 28,

11 1995, and other possible cases of political or

12 extrajudicial killings, including the 20 cases of ‘‘com13 mando-style executions’’ cited by the United Nations/

14 Organization of American States International Civil15 ian Mission in Haiti on September 12, 1995;

16 (2)(A) the police and security forces of Haiti are

17 not assassinating or abducting civilians, are not en18 gaging in other acts of violence directed at civilians,

19 and are controlling such activities by elements subject

20 to the control of those forces; or

21 (B) the Government of Haiti is investigating ef22 fectively the members within its police and security

23 forces engaged in acts of violence against civilians,

24 and has put in place effective policies to deter and

25 punish such activities in the future.
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1 (3) the Government of Haiti has actively sought

2 and encouraged a law enforcement service from out3 side Haiti to assist and monitor investigators of the

4 Government of Haiti in their investigation of the

5 murders cited in paragraph (1) above; and

6 (4)(A) the Government of Haiti has cooperated

7 fully and in a timely fashion with United States Fed8 eral Bureau of Investigation efforts to investigate the

9 murder of Mireille Durocher de Bertin, including pro10 viding access to Haitian Government employees in a

11 manner which facilitates prosecution of those respon12 sible for her murder; or

13 (B) the Government of Haiti has not cooperated

14 fully and in a timely fashion with United States Fed15 eral Bureau of Investigation efforts to investigate the

16 murder of Mireille Durocher de Bertin, including pro17 viding access to Haitian Government employees in a

18 manner which facilitates prosecution of those respon19 sible for her murder, in which case the President shall

20 submit a detailed accounting of the areas of non-co21 operation and his assessment of all the reasons for

22 such non-cooperation by the Government of Haiti.

23 (b) REPORT.—Not later than 60 days after enactment

24 of this section, the President shall report to the appropriate

25 committees of Congress, based on information available to
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1 him, on the identity or identities of those responsible for

2 the murder and any subsequent coverup, and on the status

3 of the Government of Haiti’s investigation of—

4 (1) the murder of American citizen Richard

5 Andre Emmanuel on February 13, 1991;

6 (2) the murders of Bastian Desrosiers, Stevenson

7 Desrosiers, Jacques Nelio, Pierre Schiller and Louis

8 Walky on July 26, 1991;

9 (3) the murder of Reverand Sylvio Claude on

10 September 17, 1991;

11 (4) the murder of Roger Lanfontant on Septem12 ber 29, 1991;

13 (5) the murder of Antoine Izmery on September

14 11, 1993; and

15 (6) the murder of Minister of Justice Guy

16 Malary on October 14, 1993.

17 (c) HUMANITARIAN ASSISTANCE.—Nothing in this sec18 tion shall be construed to restrict the provision of humani19 tarian or electoral assistance to the Haitian people by non20 governmental or private voluntary organizations.

21 (d) WAIVER.—The president may waive the require22 ments of this section if he determines and certifies to the

23 appropriate committees of Congress that it is necessary to

24 facilitate the safe and timely withdrawal of American forces

25 from Haiti.
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1 Ω190æPage 83, after line 17 insert:

2 LIMITATION ON FUNDS TO THE TERRITORY OF THE

3 BOSNIAC-CROAT FEDERATION.

4 SEC. 606. Funds appropriated by this Act for activi5 ties in the internationally-recognized borders of Bosnia and

6 Herzegovina (other than refugee and disaster assistance and

7 assistance for restoration of infrastructure, to include power

8 grids, water supplies and natural gas) may only be made

9 available for activities in the territory of the Bosniac-Croat

10 Federation.

11 Ω191æPage 83, after line 17 insert:

12 PLAN RECOMMENDING A STRATEGIC REORGANIZATION OF

13 THE UNITED NATIONS

14 SEC. 607. (a) SENSE OF CONGRESS REGARDING UNIT15 ED NATIONS REFORM.—It is the sense of Congress that—

16 (1) the 50th anniversary of the United Nations

17 provides an important opportunity for a comprehen18 sive review of the strengths and weaknesses of the

19 United Nations and for the identification and imple20 mentation of changes in the United Nation that

21 would improve its ability to discharge effectively the

22 objectives of the United Nations set forth in the Unit23 ed Nations Charter;

24 (2) the structure of the United Nations system,

25 which has evolved over 50 years, should be subject to
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1 a comprehensive review in order to identify the

2 changes to the system that will best serve the interests

3 of the United States and of the international commu4 nity;

5 (3) the United States, as the strongest member

6 state of the United Nations, should lead this com7 prehensive review;

8 (4) reforms that produce a smaller, more focused,

9 more efficient United Nations with clearly defined

10 missions are in the interest of the United States and

11 of the United Nations;

12 (5) the United States should develop a unified

13 position in support of reforms at the United Nations

14 that are broadly supported by both the legislative

15 branch and the executive branch;

16 (6) the need for reform of the United Nations is

17 urgent; and

18 (7) the failure to develop and implement prompt19 ly a strategic reorganization of the United Nations

20 will result in a continued diminution of the relevance

21 of the United Nations to United States foreign policy

22 and to international politics generally.

23 (b) UNITED NATIONS REORGANIZATION PLAN.—

24 (1) REQUIREMENT FOR PLAN.—The President

25 shall submit to Congress, together with the budget sub-
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1 mitted pursuant to section 1105 of title 31, United

2 States Code, for fiscal year 1997, a plan recommend3 ing a strategic reorganization of the United Nations.

4 (2) REQUIREMENT RELATING TO DEVELOP5 MENT.—The President shall develop the plan in con6 sultation with Congress.

7 (3) PLAN ELEMENTS.—The plan should include

8 the elements described in subsection (c) and such other

9 recommendations as may be necessary to achieve the

10 efficient, cost-effective conduct of the responsibilities of

11 the United Nations.

12 (c) CONTENTS OF REORGANIZATION PLAN.—It is the

13 sense of the Congress that the reorganization plan required

14 by subsection (b)(1) should—

15 (1) constitute a comprehensive statement of

16 United States policy toward reform of the United Na17 tions;

18 (2) set forth an agenda to implement the reforms

19 set forth in the plan in a timely manner;

20 (3) include specific proposals to achieve—

21 (A) a substantial reduction in the number

22 of agencies within the United Nations system,

23 including proposals to consolidate, abolish, or re24 structure mechanisms for financing agencies of

25 the United Nations that have a low priority;
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1 (B) the identification and strengthening of

2 the core agencies of the United Nations system

3 that most directly serve the objectives of the

4 United Nations set forth in the United Nations

5 Charter;

6 (C) the increased cooperation, and the

7 elimination of duplication, among United Na8 tions agencies and programs;

9 (D) the consolidation of the United Nations

10 technical cooperation activities between the Unit11 ed Nations Headquarters and the offices of the

12 United Nations in Geneva, Switzerland, includ13 ing the merger of the technical cooperation func14 tions of the United Nations Development Pro15 gram (UNDP), the United Nations Population

16 Fund (UNFPA), the United Nations Environ17 mental Program (UNEP), the United Nations

18 Industrial Development Organization (UNIDO),

19 the International Fund for Agricultural Develop20 ment (IFAD), the United Nations Capital Devel21 opment Fund (UNCDF), and the United Nations

22 Development Fund for Women (UNIFEM);

23 (E) the consolidation of the United Nations

24 emergency response mechanism by merging the

25 emergency functions of relevant United Nations
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1 agencies, including the United Nations Chil2 dren’s Fund, the World Food Program, and the

3 Office of the United Nations High Commissioner

4 for Refugees;

5 (F) a substantial reduction in, or elimi6 nation of, the cost and number of international

7 conferences sponsored by the United Nations;

8 (G) a significant strengthening of the ad9 ministrative and management capabilities of the

10 Secretary General of the United Nations, includ11 ing a cessation of the practice of reserving top

12 Secretariat posts for citizens of particular coun13 tries;

14 (H) a significant increase in the openness

15 to the public of the budget decision-making pro16 cedures of the United Nations; and

17 (I) the establishment of a truly independent

18 inspector general at the United Nations; and

19 (4) include proposals to coordinate and imple20 ment proposals for reform of the United Nations such

21 as those proposals set forth in the communique of the

22 21st annual summit of the Heads of State and Gov23 ernment of the seven major industrialized nations and

24 the President of the European Commission at Hali25 fax, Nova Scotia, dated June 15–17, 1995.
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1 Ω192æPage 83, after line 17 insert:

2 TITLE VII—NATO PARTICIPA3 TION ACT AMENDMENTS OF

4 1995

5 SECTION 701. SHORT TITLE.

6 This title may be cited as the ‘‘NATO Participation

7 Act Amendments of 1995’’.

8 SEC. 702. FINDINGS.

9 The Congress makes the following findings:

10 (1) Since 1949, the North Atlantic Treaty Orga11 nization (NATO) has played an essential role in

12 guaranteeing the security, freedom, and prosperity of

13 the United States and its partners in the Alliance.

14 (2) NATO has expanded its membership on three

15 different occasions since 1949.

16 (3) The sustained commitment of the member

17 countries of NATO to mutual defense of their security

18 ultimately made possible the democratic trans19 formation in Central and Eastern Europe and the de20 mise of the Soviet Union.

21 (4) NATO was designed to be and remains a de22 fensive military organization whose members have

23 never contemplated the use of, or used, military force

24 to expand the borders of its member states.
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1 (5) While the immediate threat to the security of

2 the United States and its allies has been reduced with

3 the collapse of the Iron Curtain, new security threats,

4 such as the situation in Bosnia and Herzegovina, are

5 emerging to the shared interests of the member coun6 tries of NATO.

7 (6) NATO remains the only multilateral security

8 organization capable of conducting effective military

9 operations to protect Western security interests.

10 (7) NATO has played a positive role in defusing

11 tensions between NATO members and, as a result, no

12 military action has occurred between two NATO

13 member states since the inception of NATO in 1949.

14 (8) NATO is also an important diplomatic

15 forum for the discussion of issues of concern to its

16 member states and for the peaceful resolution of dis17 putes.

18 (9) America’s security, freedom, and prosperity

19 remain linked to the security of the countries of Eu20 rope.

21 (10) Any threat to the security of the newly

22 emerging democracies in Europe would pose a secu23 rity threat to the United States and its European al24 lies.
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1 (11) The admission to NATO of European coun2 tries that have been freed from Communist domina3 tion and that meet specific criteria for NATO mem4 bership would contribute to international peace and

5 enhance the security of the region.

6 (12) A number of countries have expressed vary7 ing degrees of interest in NATO membership, and

8 have taken concrete steps to demonstrate this commit9 ment.

10 (13) Full integration of Central and East Euro11 pean countries into the North Atlantic Alliance after

12 such countries meet essential criteria for admission

13 would enhance the security of the Alliance and, there14 by, contribute to the security of the United States.

15 (14) The expansion of NATO can create the sta16 ble environment needed to successfully complete the

17 political and economic transformation envisioned by

18 European states emerging from Communist domina19 tion.

20 (15) In recognition that not all countries which

21 have requested membership in NATO will necessarily

22 qualify at the same pace, the accession date for each

23 new member will vary.

24 (16) Nothing in this title should be construed as

25 precluding the eventual NATO membership of Euro-
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1 pean countries never under Communist domination,

2 namely, Austria, Finland, and Sweden.

3 (17) The provision of NATO transition assist4 ance should include those countries most ready for

5 closer ties with NATO and should be designed to as6 sist other countries meeting specified criteria of eligi7 bility to move forward toward eventual NATO mem8 bership.

9 (18) The evaluation of future membership in

10 NATO for countries emerging from Communist domi11 nation should be based on the progress of those na12 tions in meeting criteria for NATO transition assist13 ance and evolving NATO criteria, which require en14 hancement of NATO’s security and the approval of all

15 NATO members.

16 SEC. 703. UNITED STATES POLICY.

17 It should be the policy of the United States—

18 (1) to join with the NATO allies of the United

19 States to redefine the role of the NATO Alliance in the

20 post-Cold War world;

21 (2) to actively assist European countries emerg22 ing from Communist domination in their transition

23 so that such countries may eventually qualify for

24 NATO membership; and
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1 (3) to work to define the political and security

2 relationship between an enlarged NATO and the Rus3 sian Federation.

4 SEC. 704. REVISIONS TO PROGRAM TO FACILITATE TRANSI5 TION TO NATO MEMBERSHIP.

6 (a) ESTABLISHMENT OF PROGRAM.—Subsection (a) of

7 section 203 of the NATO Participation Act of 1994 (title

8 II of Public Law 103–447; 22 U.S.C. 1928 note) is amended

9 to read as follows:

10 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The President

11 may provide expanded security assistance and other related

12 assistance to countries designated under subsection (d) to

13 facilitate their transition to full NATO membership.’’.

14 (b) ELIGIBLE COUNTRIES.—

15 (1) ELIGIBILITY.—Subsection (d) of section 203

16 of such Act is amended to read as follows:

17 ‘‘(d) DESIGNATION OF ELIGIBLE COUNTRIES.—

18 ‘‘(1) PRESIDENTIAL REVIEW AND REPORT.—

19 Within 60 days of the enactment of the NATO Par20 ticipation Act Amendments of 1995, the President

21 shall transmit to the Congress an evaluation of Po22 land, Hungary, the Czech Republic, and Slovakia, as

23 well as all other European countries emerging from

24 Communist domination which have expressed an in25 terest in joining NATO, in accordance with the cri-
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1 teria in paragraph (3) and specifically designate one

2 or more of these countries to be eligible to receive as3 sistance under the program established in subsection

4 (a). The President shall provide a report of the coun5 try-by-country evaluation as well as an evaluation of

6 each designated country’s progress toward conform7 ance with criteria for full NATO membership.

8 ‘‘(2) OTHER EUROPEAN COUNTRIES EMERGING

9 FROM COMMUNIST DOMINATION.—In addition to the

10 country or countries designated pursuant to para11 graph (1), the President may designate other Euro12 pean countries emerging from Communist domina13 tion. The President may make such a designation in

14 the case of any such country only if the President de15 termines, and reports to the designated congressional

16 committees, that such country meets the criteria speci17 fied in paragraph (3).

18 ‘‘(3) CRITERIA.—The criteria referred to in

19 paragraph (2) are, with respect to each country, that

20 the country—

21 ‘‘(A) has made or is making significant

22 progress toward establishing—

23 ‘‘(i) shared values and interests;

24 ‘‘(ii) democratic governments;

25 ‘‘(iii) free market economies;
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1 ‘‘(iv) civilian control of the military, of

2 the police, and of intelligence services;

3 ‘‘(v) adherence to the values, prin4 ciples, and political commitments embodied

5 in the Helsinki Final Act of the Organiza6 tion on Security and Cooperation in Eu7 rope; and

8 ‘‘(vi) more transparent defense budgets

9 and is participating in the Partnership For

10 Peace defense planning process;

11 ‘‘(B) has made public commitments—

12 ‘‘(i) to further the principles of NATO

13 and to contribute to the security of the

14 North Atlantic area;

15 ‘‘(ii) to accept the obligations, respon16 sibilities, and costs of NATO membership;

17 and

18 ‘‘(iii) to implement infrastructure de19 velopment activities that will facilitate par20 ticipation in and support for NATO mili21 tary activities;

22 ‘‘(C) is not ineligible for assistance under

23 section 563 of Public Law 103–306, with respect

24 to transfers of equipment to a country the gov25 ernment of which the Secretary of State has de-
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1 termined is a terrorist government for purposes

2 of section 40(d) of the Arms Export Control Act;

3 and

4 ‘‘(D) could, within five years of the deter5 mination of the President under paragraph (1)

6 or (2), be in a position to further the principles

7 of the North Atlantic Treaty and to contribute to

8 its own security and that of the North Atlantic

9 area.

10 ‘‘(4) PROHIBITION ON FUNDING FOR PARTNER11 SHIP FOR PEACE ACTIVITIES OR ON FUNDING FOR

12 THE WARSAW INITIATIVE.—Effective 60 days after the

13 date of enactment of the NATO Participation Act

14 Amendments of 1995, no funds authorized to be ap15 propriated under any provision of law may be obli16 gated or expended for activities associated with the

17 Partnership for Peace program or the Warsaw Initia18 tive until the President has designated at least one

19 country to participate in the transition program es20 tablished under subsection (a).’’.

21 (2) CONFORMING AMENDMENTS.—

22 (A) Subsections (b) and (c) of section 203 of

23 such Act are amended by striking ‘‘countries de24 scribed in such subsection’’ each of the two places
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1 it appears and inserting ‘‘countries designated

2 under subsection (d)’’.

3 (B) Subsection (e) of section 203 of such Act

4 is amended—

5 (i) by striking ‘‘subsection (d)’’ and in6 serting ‘‘subsection (d)(2)’’; and

7 (ii) by inserting ‘‘(22 U.S.C. 2394)’’

8 before the period at the end.

9 (C) Section 204(c) of such Act is amended

10 by striking ‘‘any other Partnership for Peace

11 country designated under section 203(d)’’ and

12 inserting ‘‘any country designated under section

13 203(d)(2)’’.

14 (c) TYPES OF ASSISTANCE.—Section 203(c) of such

15 Act is amended—

16 (1) by redesignating paragraphs (1) through (4)

17 as subparagraphs (A) through (D), respectively; and

18 (2) by inserting after subparagraph (D) (as re19 designated) the following new subparagraphs:

20 ‘‘(E) Assistance under chapter 4 of part II of the

21 Foreign Assistance Act of 1961 (relating to the Eco22 nomic Support Fund).

23 ‘‘(F) Funds appropriated under the ‘Non24 proliferation and Disarmament Fund’ account’’.
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1 ‘‘(G) Assistance under chapter 6 of part II of the

2 Foreign Assistance Act of 1961 (relating to peacekeep3 ing operations and other programs).’’.

4 ‘‘(H) Authority for the Department of Defense to

5 pay excess defense articles costs for countries des6 ignated for both grant lethal and nonlethal excess de7 fense articles.

8 ‘‘(I) Authority to convert FMF loans to grants,

9 and grants to loans, for eligible countries.

10 (3) by inserting ‘‘(1)’’ immediately after ‘‘TYPE

11 OF ASSISTANCE.—’’; and

12 (4) by adding at the end the following new para13 graphs:

14 ‘‘(2) For fiscal years 1996 and 1997, in providing as15 sistance under chapter 5 of part II of the Foreign Assistance

16 Act of 1961 for the countries designated under subsection

17 (d), the President shall include as an important component

18 of such assistance the provision of sufficient language train19 ing to enable military personnel to participate further in

20 programs for military training and in defense exchange

21 programs.

22 ‘‘(3) Of the amounts made available under chapter 5

23 of part II of the Foreign Assistance Act of 1961 (relating

24 to international military education and training),
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1 $5,000,000 for fiscal year 1996 and $5,000,000 for fiscal

2 year 1997 should support—

3 ‘‘(A) the attendance of additional military per4 sonnel of countries designated under subsection (d)(1)

5 or (d)(2), particularly Poland, Hungary, the Czech

6 Republic, and Slovakia, at professional military edu7 cation institutions in the United States in accordance

8 with section 544 of such Act; and

9 ‘‘(B) the placement and support of United States

10 instructors and experts at military educational cen11 ters within the foreign countries designated under

12 subsection (d) that are receiving assistance under that

13 chapter.’’.

14 SEC. 705. ASSISTANCE FOR NATO PARTICIPATION ACT DES15 IGNEES.

16 The President is authorized to obligate and expend

17 $60,000,000 from funds made available under the Foreign

18 Assistance Act of 1961 in support of countries designated

19 to receive transition assistance under section 203(a) of the

20 NATO Participation Act, as follows:

21 (1) Poland: $20,000,000.

22 (2) Czech Republic: $10,000,000.

23 (3) Hungary: $5,000,000.

24 (4) Slovakia: $5,000,000.
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1 (5) Other European countries designated under

2 subsection (d)(1) or subsection (d)(2): $20,000,000.

3 SEC. 706. TERMINATION OF ELIGIBILITY.

4 Section 203(f) of the NATO Participation Act of 1994

5 (title II of Public Law 103–447; 22 U.S.C. 1928 note) is

6 amended to read as follows:

7 ‘‘(f) TERMINATION OF ELIGIBILITY.—(1) The eligi8 bility of a country designated under subsection (d) for the

9 program established in subsection (a) shall terminate 60

10 days after the President makes a certification under para11 graph (2) unless, within the 60-day period, the Congress

12 enacts a joint resolution disapproving the termination of

13 eligibility.

14 ‘‘(2) Whenever the President determines that the gov15 ernment of a country designated under subsection (d)—

16 ‘‘(A) no longer meets the criteria set forth in sub17 section (d)(2)(A);

18 ‘‘(B) is hostile to the NATO alliance; or

19 ‘‘(C) poses a national security threat to the

20 United States,

21 then the President shall so certify to the appropriate con22 gressional committees.

23 ‘‘(3) Nothing in this Act shall affect the eligi24 bility of countries to participate under other provi25 sions of law in programs described in this Act.
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1 (b) CONGRESSIONAL PRIORITY PROCEDURES.—Sec2 tion 203 of such Act is amended by adding at the end the

3 following new subsection:

4 ‘‘(g) CONGRESSIONAL PRIORITY PROCEDURES.—

5 ‘‘(1) APPLICABLE PROCEDURES.—A joint resolu6 tion described in paragraph (2) which is introduced

7 in a House of Congress after the date on which a cer8 tification made under subsection (f)(2) is received by

9 Congress shall be considered in accordance with the

10 procedures set forth in paragraphs (3) through (7) of

11 section 8066(c) of the Department of Defense Appro12 priations Act, 1985 (as contained in Public Law 98–

13 473 (98 Stat. 1936)), except that—

14 ‘‘(A) references to the ‘resolution described

15 in paragraph (1)’ shall be deemed to be ref16 erences to the joint resolution; and

17 ‘‘(B) references to the Committee on Appro18 priations of the House of Representatives and to

19 the Committee on Appropriations of the Senate

20 shall be deemed to be references to the Committee

21 on International Relations of the House of Rep22 resentatives and the Committee on Foreign Rela23 tions of the Senate.

24 ‘‘(2) TEXT OF JOINT RESOLUTION.—A joint reso25 lution under this paragraph is a joint resolution the
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1 matter after the resolving clause of which is as fol2 lows: ‘That the Congress disapproves the certification

3 submitted by the President on llllll pursu4 ant to section 203(f) of the NATO Participation Act

5 of 1994.’.’’.

6 SEC. 707. REPORTS.

7 (a) ANNUAL REPORT.—Section 206 of the NATO Par8 ticipation Act of 1994 (title II of Public Law 103–447; 22

9 U.S.C. 1928 note), as redesignated by section 705(1) of this

10 Act, is amended—

11 (1) by inserting ‘‘ANNUAL’’ in the section head12 ing before the first word;

13 (2) by inserting ‘‘annual’’ after ‘‘include in the’’

14 in the matter preceding paragraph (1);

15 (3) in paragraph (1), by striking ‘‘Partnership

16 for Peace’’ and inserting ‘‘European’’; and

17 (4) by striking paragraph (2) and inserting in18 stead the following new paragraph:

19 ‘‘(2) In the event that the President determines

20 that, despite a period of transition assistance, a coun21 try designated under section 203(d) has not, as of

22 January 10, 1999, met criteria for NATO member23 ship set forth by the North Atlantic Council, the

24 President shall transmit a report to the designated

25 congressional committees containing an assessment of
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1 the progress made by that country in meeting those

2 standards.’’.

3 SEC. 708. DEFINITIONS.

4 The NATO Participation Act of 1994 (title II of Public

5 Law 103–447; 22 U.S.C. 1928 note), as amended by this

6 title, is further amended by adding at the end the following

7 new section:

8 ‘‘SEC. 207. DEFINITIONS.

9 ‘‘For purposes of this title:

10 ‘‘(1) NATO.—The term ‘NATO’ means the North

11 Atlantic Treaty Organization.

12 ‘‘(2) DESIGNATED CONGRESSIONAL COMMIT13 TEES.—The term ‘designated congressional commit14 tees’ means—

15 ‘‘(A) the Committee on International Rela16 tions, the Committee on National Security, and

17 the Committee on Appropriations of the House of

18 Representatives; and

19 ‘‘(B) the Committee on Foreign Relations,

20 the Committee on Armed Services, and the Com21 mittee on Appropriations of the Senate.

22 ‘‘(3) EUROPEAN COUNTRIES EMERGING FROM

23 COMMUNIST DOMINATION.—The term ‘European coun24 tries emerging from Communist domination’ includes,

25 but is not limited to, Albania, Bulgaria, Czech Re-
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1 public, Estonia, Hungary, Latvia, Lithuania,

2 Moldova, Poland, Romania, Slovakia, Slovenia, and

3 Ukraine.’’.

4 Ω193æPage 83, after line 17 insert:

5 TITLE VIII—TO IMPOSE SANC6 TIONS AGAINST BURMA, AND

7 COUNTRIES ASSISTING

8 BURMA, UNLESS BURMA OB9 SERVES BASIC HUMAN

10 RIGHTS AND PERMITS POLITI11 CAL FREEDOMS.

12 SEC. 801. SANCTIONS AGAINST BURMA.

13 Except as provided in section 4, the following sanc14 tions shall apply to Burma, effective 90 days after the date

15 of enactment of this Act (or on such other date as is speci16 fied in this section):

17 (1) INVESTMENTS.—No United States national

18 may make any investment in Burma.

19 (2) UNITED STATES ASSISTANCE.—United States

20 assistance for Burma is prohibited.

21 (3) TRADE PRIVILEGES.—The President shall

22 continue the suspension of special trade privileges

23 pursuant to the Generalized System of Preferences

24 (GSP), and shall continue the suspension of non-
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1 discriminatory trade treatment (most-favored-nation

2 status), with respect to Burma.

3 (4) IMPORTATION OF GOODS.—No article which

4 is produced, manufactured, grown, or extracted in

5 Burma may be imported into the United States.

6 (5) TRADE AND INVESTMENT TREATIES.—The

7 United States should continue to suspend carrying

8 out obligations under bilateral trade and investment

9 treaties with Burma.

10 (6) TRAVEL RESTRICTIONS.—The Secretary of

11 State shall prohibit the use of United States passports

12 for travel to Burma except for travel by United States

13 diplomatic personnel.

14 (7) DIPLOMATIC REPRESENTATION.—The Presi15 dent is urged not to accept diplomatic representation

16 from Burma at a level greater than the level of diplo17 matic representation accorded the United States in

18 Burma.

19 (8) FOREIGN ASSISTANCE.—The United States

20 shall suspend assistance under the Foreign Assistance

21 Act of 1961 and the Arms Export Control Act to any

22 foreign government which sells or otherwise transfers

23 arms to the Government of Burma.

24 (9) INTERNATIONAL ORGANIZATIONS CONTRIBU25 TIONS.—The United States shall withhold from each
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1 international organization that funds activities in

2 Burma other than humanitarian activities an

3 amount equal to the United States proportionate

4 share of that funding.

5 (10) MULTILATERAL ASSISTANCE.—The Sec6 retary of the Treasury shall instruct the United

7 States executive director of each financial institution

8 to vote against any loan or other utilization of the

9 funds of the respective bank to or for Burma.

10 (11) EMINENT PERSONS GROUP.—The President,

11 acting through the United States Permanent Rep12 resentative to the United Nations, should urge the

13 United Nations to establish an eminent persons group

14 to report on compliance by the Government of Burma

15 with United Nations resolutions.

16 (12) INTERNATIONAL ARMS EMBARGO.—The

17 President, acting through the United States Perma18 nent Representative to the United Nations, should

19 urge the establishment by the United Nations of an

20 international arms embargo of Burma.

21 SEC. 802. AGREEMENTS TO IMPOSE SANCTIONS ON BURMA.

22 (a) NEGOTIATIONS WITH TRADING PARTNERS.—

23 (1) IN GENERAL.—Not later than 15 days after

24 the date of the enactment of this Act, the President

25 shall initiate negotiations with all foreign countries
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1 with which the United States trades for the purpose

2 of entering into agreements with the countries—

3 (A) to support United States sanctions

4 against Burma, and

5 (B) to cease trade with and investment in

6 Burma.

7 (2) CERTIFICATION OF NEGOTIATIONS AND

8 AGREEMENTS.—Not later than 90 days after the date

9 of the enactment of this Act, the President shall cer10 tify to the Congress each country that—

11 (A) has failed to enter into an agreement

12 described in paragraph (1), or

13 (B) has entered into such an agreement but

14 is not enforcing it.

15 (3) ACTION BY THE PRESIDENT.—Notwithstand16 ing any other provision of law, if a certification is

17 made with respect to any country under paragraph

18 (2) the President shall withdraw—

19 (A) any designation of such country—

20 (i) as a beneficiary developing country

21 for purposes of title V of the Trade Act of

22 1974 (19 U.S.C. 2461 et seq.),

23 (ii) as a beneficiary country for pur24 poses of the Caribbean Basin Economic Re25 covery Act (19 U.S.C. 2701 et seq.), or
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1 (iii) as a beneficiary country for pur2 poses of the Andean Trade Preference Act

3 (19 U.S.C. 3201 et seq.),

4 (B) from such countries the benefits of any

5 other special tariff treatment program under

6 which the special rates of duty apply under col7 umn 1 of the Harmonized Tariff Schedule of the

8 United States, and

9 (C) most-favored-nation trade treatment

10 with respect to any such country.

11 (b) APPLICABILITY.—

12 (1) IN GENERAL.—The provisions of this section

13 apply to goods entered, or withdrawn from warehouse

14 for consumption, originating in or imported from a

15 country with respect to which an action described in

16 subsection (a)(3) has been taken, during the period be17 ginning on the date that is 15 days after the date of

18 the certification described in subsection (a)(2) and

19 ending on the date that is 15 days after the earlier

20 of—

21 (A) the date the President certifies to the

22 Congress that such country has entered into an

23 agreement described in subsection (a)(1) and is

24 enforcing the agreement, or
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1 (B) the date a certification described in sec2 tion 4 is made.

3 (2) RATE OF DUTY DURING PERIOD DESIGNATION

4 IS WITHDRAWN.—During the period described in

5 paragraph (1), goods entered, or withdrawn from

6 warehouse for consumption, originating in or im7 ported from a country described in subsection (a)(3)

8 shall be subject to duty at the rates of duty specified

9 for such goods under column 2 of the Harmonized

10 Tariff Schedule of the United States.

11 SEC. 803. CERTIFICATION.

12 The sanctions of section 801 shall not apply upon the

13 determination and certification by the President to the ap14 propriate congressional committees that the following condi15 tions are met:

16 (1) The Government of Burma has uncondition17 ally released all political prisoners, including Aung

18 San Suu Kyi.

19 (2) The Government of Burma has fully imple20 mented the results of the 1990 elections in Burma, in21 cluding the transfer of power to civilian authority,

22 the protection of basic human rights, and guarantee23 ing the right of Burmese citizens to participate freely

24 in the political process, assuring freedom of speech

25 and the right of association and assembly.
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1 (3) The Government of Burma has implemented

2 an effective counternarcotics effort.

3 SEC. 804. SANCTIONS AGAINST THE PEOPLE’S REPUBLIC OF

4 CHINA.

5 The Secretary of the Treasury shall instruct the United

6 States executive director of each multilateral financial in7 stitution to vote against any loan or other utilization of

8 the facilities of the respective institution to or for the Peo9 ple’s Republic of China until the President determines and

10 certifies to the appropriate congressional committees that

11 the People’s Republic of China has terminated arms sales

12 and other arms transfers to Burma.

13 SEC. 805. SANCTIONS AGAINST THE GOVERNMENT OF THAI14 LAND.

15 The President shall withhold all United States assist16 ance to the Government of Thailand until the President de17 termines and certifies to the appropriate congressional com18 mittees that the Government of Thailand is fully cooperat19 ing in providing support and relief for Burmese exiles and

20 refugees.

21 SEC. 806. REPORT.

22 Not later than 45 days after the date of enactment of

23 this Act, the President shall submit a report to the appro24 priate congressional committees on—
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1 (1) the chemical and biological weapons capabil2 ity of Burma;

3 (2) a plan to provide United States assistance in

4 support of the democracy movement active inside

5 Burma;

6 (3) the treatment by the Government of Thailand

7 of Burmese students, refugees, and exiles resident in

8 Thailand; and

9 (4) the status of arms sales and other arms

10 transfers to the Government of Burma, including the

11 amount of expenditures by the Government of Burma

12 in the acquisition of arms.

13 SEC. 807. DEFINITIONS.

14 As used in this title:

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional commit17 tees’’ means the Committee on Appropriations and the

18 Committee on Foreign Relations of the Senate and the

19 Committee on Appropriations and the Committee on

20 International Relations of the House of Representa21 tives.

22 (2) INVESTMENT.—The term ‘‘investment’’ in23 cludes any contribution or commitment of funds, com24 modities, services, patents, processes, or techniques, in

25 the form of—
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1 (A) a loan or loans;

2 (B) the purchase of a share of ownership;

3 (C) participation in royalties, earnings, or

4 profits; and

5 (D) the furnishing of commodities or serv6 ices pursuant to a lease or other contract.

7 (3) HUMANITARIAN ACTIVITIES.—The term ‘‘hu8 manitarian activities’’ means the provision of food,

9 medicine, medical supplies, or clothing and does not

10 include cash transfers.

11 (4) FINANCIAL INSTITUTIONS.—The term ‘‘finan12 cial institutions’’ includes the International Bank for

13 Reconstruction and Development, the International

14 Development Association, the Asian Development

15 Bank, and the International Monetary Fund.

16 (5) UNITED STATES ASSISTANCE.—The term

17 ‘‘United States assistance’’ means assistance of any

18 kind which is provided by grant, sale, loan, lease,

19 credit, guaranty, or insurance, or by any other

20 means, by any agency or instrumentality of the Unit21 ed States Government to any foreign country, includ22 ing—

23 (A) assistance under the Foreign Assistance

24 Act of 1961 (including programs under title IV

25 of chapter 2 of part I of the Act);
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1 (B) sales, credits, and guaranties under the

2 Arms Export Control Act (22 U.S.C. 2751 et

3 seq.);

4 (C) sales under title I (7 U.S.C.A. 1701 et

5 seq.) or III (17 U.S.C.A. 1727 et seq.) and dona6 tions under title II (17 U.S.C.A. 1721 et seq.) of

7 the Agricultural Trade Development and Assist8 ance Act of 1954 of nonfood commodities;

9 (D) other financing programs of the Com10 modity Credit Corporation for export sales of

11 nonfood commodities; and

12 (E) financing under the Export-Import

13 Bank Act of 1945 (12 U.S.C.A. 635 et seq.).

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 1868

AMENDMENTS
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