IB

104TH CONGRESS

1ST SESSION H. R. 1868

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 25, 1995

Ordered to be printed with the amendments of the Senate numbered

AN ACT

Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending

September 30, 1996, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 1996, and for other pur6 poses, namely:

7 TITLE I—EXPORT AND INVESTMENT

8 ASSISTANCE

9 EXPORT-IMPORT BANK OF THE UNITED STATES

10 The Export-Import Bank of the United States is au11 thorized to make such expenditures within the limits of

12 funds and borrowing authority available to such corpora-
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1 tion, and in accordance with law, and to make such con2 tracts and commitments without regard to fiscal year limi3 tations, as provided by section 104 of the Government

4 Corporation Control Act, as may be necessary in carrying

5 out the program for the current fiscal year for such cor6 poration: Provided, That none of the funds available dur7 ing the current fiscal year may be used to make expendi8 tures, contracts, or commitments for the export of nuclear

9 equipment, fuel, or technology to any country other than

10 a nuclear-weapon State as defined in Article IX of the

11 Treaty on the Non-Proliferation of Nuclear Weapons eligi12 ble to receive economic or military assistance under this

13 Act that has detonated a nuclear explosive after the date

14 of enactment of this Act.

15 SUBSIDY APPROPRIATION

16 For the cost of direct loans, loan guarantees, insur17 ance, and tied-aid grants as authorized by section 10 of

18 the Export-Import Bank Act of 1945, as amended,

19 Ω1æ$786,551,000 $795,000,000

20 PROHIBITION ON USE OF FUNDS FOR RELOCATING AID

21 TO FEDERAL TRIANGLE BUILDING

22 SEC. 577. Notwithstanding any other provision of

23 law, none of the funds appropriated or otherwise made

24 available by this Act may be used to relocate the Agency

25 for International Development, or any part of that agency,
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1 to the Federal Triangle Building in Washington, District

2 of Columbia.

3 to remain available until September 30, 1997: Provided,

4 That such costs, including the cost of modifying such

5 loans, shall be as defined in section 502 of the Congres6 sional Budget Act of 1974: Provided further, That such

7 sums shall remain available until 2010 for the disburse8 ment of direct loans, loan guarantees, insurance and tied9 aid grants obligated in fiscal years 1996 and 1997: Pro10 vided further, That up to $100,000,000 of funds appro11 priated by this paragraph shall remain available until ex12 pended and may be used for tied-aid grant purposes: Pro13 vided further, That none of the funds appropriated by this

14 paragraph may be used for tied-aid credits or grants ex15 cept through the regular notification procedures of the

16 Committees on Appropriations: Provided further, That

17 funds appropriated by this paragraph are made available

18 notwithstanding section 2(b)(2) of the Export-Import

19 Bank Act of 1945, in connection with the purchase or

20 lease of any product by any East European country, any

21 Baltic State, or any agency or national thereof.

22 ADMINISTRATIVE EXPENSES

23 For administrative expenses to carry out the direct

24 and guaranteed loan and insurance programs (to be com25 puted on an accrual basis), including hire of passenger

26 motor vehicles and services as authorized by 5 U.S.C.
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1 3109, and not to exceed $20,000 for official reception and

2 representation expenses for members of the Board of Di3 rectors, Ω2æ$45,228,000 $46,000,000: Provided, That nec4 essary expenses (including special services performed on

5 a contract or fee basis, but not including other personal

6 services) in connection with the collection of moneys owed

7 the Export-Import Bank, repossession or sale of pledged

8 collateral or other assets acquired by the Export-Import

9 Bank in satisfaction of moneys owed the Export-Import

10 Bank, or the investigation or appraisal of any property,

11 or the evaluation of the legal or technical aspects of any

12 transaction for which an application for a loan, guarantee

13 or insurance commitment has been made, shall be consid14 ered nonadministrative expenses for the purposes of this

15 heading: Provided further, That, notwithstanding sub16 section (b) of section 117 of the Export Enhancement Act

17 of 1992, subsection (a) thereof shall remain in effect until

18 October 1, 1996.

19 OVERSEAS PRIVATE INVESTMENT CORPORATION

20 NONCREDIT ACCOUNT

21 The Overseas Private Investment Corporation is au22 thorized to make, without regard to fiscal year limitations,

23 as provided by 31 U.S.C. 9104, such expenditures and

24 commitments within the limits of funds available to it and

25 in accordance with law as may be necessary: Provided,

26 That the amount available for administrative expenses to
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1 carry out the credit and insurance programs (including an

2 amount for official reception and representation expenses

3 which shall not exceed Ω3æ$35,000 $20,000) shall not ex4 ceed Ω4æ$26,500,000 $26,000,000: Provided further, That

5 project-specific transaction costs, including direct and in6 direct costs incurred in claims settlements, and other di7 rect costs associated with services provided to specific in8 vestors or potential investors pursuant to section 234 of

9 the Foreign Assistance Act of 1961, shall not be consid10 ered administrative expenses for the purposes of this head11 ing.

12 PROGRAM ACCOUNT

13 For the cost of direct and guaranteed loans,

14 Ω5æ$69,500,000 $79,000,000, as authorized by section

15 234 of the Foreign Assistance Act of 1961Ω6æ, to be de16 rived by transfer from the Overseas Private Investment Cor17 poration Noncredit account: Provided, That such costs, in18 cluding the cost of modifying such loans, shall be as de19 fined in section 502 of the Congressional Budget Act of

20 1974: Provided further, That such sums shall be available

21 for direct loan obligations and loan guaranty commitments

22 incurred or made during fiscal years 1996 and 1997: Pro23 vided further, That such sums shall remain available

24 through fiscal year 2003 for the disbursement of direct

25 and guaranteed loans obligated in fiscal year 1996, and

26 through fiscal year 2004 for the disbursement of direct
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1 and guaranteed loans obligated in fiscal year 1997. In ad2 dition, such sums as may be necessary for administrative

3 expenses to carry out the credit program may be derived

4 from amounts available for administrative expenses to

5 carry out the credit and insurance programs in the Over6 seas Private Investment Corporation Noncredit Account

7 and merged with said account.

8 FUNDS APPROPRIATED TO THE PRESIDENT

9 TRADE AND DEVELOPMENT AGENCY

10 For necessary expenses to carry out the provisions

11 of section 661 of the Foreign Assistance Act of 1961,

12 $40,000,000: Provided, That the Trade and Development

13 Agency may receive reimbursements from corporations

14 and other entities for the costs of grants for feasibility

15 studies and other project planning services, to be deposited

16 as an offsetting collection to this account and to be avail17 able for obligation until September 30, 1997, for necessary

18 expenses under this paragraph: Provided further, That

19 such reimbursements shall not cover, or be allocated

20 against, direct or indirect administrative costs of the

21 agency.
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1 Ω7æINTERNATIONAL FINANCIAL INSTITUTIONS

2 CONTRIBUTION TO THE INTERNATIONAL FINANCE

3 CORPORATION

4 For payment to the International Finance Corpora5 tion by the Secretary of the Treasury, $67,550,000, for

6 the United States share of the increase in subscriptions

7 to capital stock, to remain available until expended: Pro8 vided, That of the amount appropriated under this head9 ing not more than $5,269,000 may be expended for the

10 purchase of such stock in fiscal year 1996.

11 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

12 MULTILATERAL INVESTMENT FUND

13 For payment to the Enterprise for the Americas Mul14 tilateral Investment Fund by the Secretary of the Treas15 ury, for the United States contribution to the Fund to

16 be administered by the Inter-American Development

17 Bank, $70,000,000 to remain available until expended.

18 TITLE II—BILATERAL ECONOMIC ASSISTANCE

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 For expenses necessary to enable the President to

21 carry out the provisions of the Foreign Assistance Act of

22 1961, and for other purposes, to remain available until

23 September 30, 1996, unless otherwise specified herein, as

24 follows:
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1 Ω8æAGENCY FOR INTERNATIONAL DEVELOPMENT

2 CHILDREN AND DISEASE PROGRAMS FUND

3 For necessary expenses to carry out the provisions

4 of part I and chapter 4 of part II of the Foreign Assist5 ance Act of 1961, for child survival, assistance to combat

6 tropical and other diseases, and related assistance activi7 ties, $592,660,000, to remain available until September

8 30, 1997: Provided, That this amount shall be made avail9 able for such activities as (1) immunization programs, (2)

10 oral rehydration programs, (3) health and nutrition pro11 grams, and related education programs, which address the

12 needs of mothers and children, (4) water and sanitation

13 programs, (5) assistance for displaced and orphaned chil14 dren, (6) programs for the prevention, treatment, and con15 trol of, and research on, HIV/AIDS, polio, malaria and

16 other diseases, (7) basic education programs, and (8) a

17 contribution on a grant basis to the United Nations Chil18 dren’s Fund (UNICEF): Provided further, That funds ap19 propriated under this heading shall be in addition to

20 amounts otherwise available for such purposes.

21 Ω9æDEVELOPMENT ASSISTANCE FUND

22 ECONOMIC ASSISTANCE

23 Ω10æ(INCLUDING TRANSFERS OF FUNDS)

24 For necessary expenses to carry out the provisions

25 of sections 103 through 106, of the Foreign Assistance
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1 Act of 1961, $655,000,000 For necessary expenses to carry

2 out the provisions of sections 103 through 106, chapter 10

3 of part I, and chapter 4 of part II of the Foreign Assistance

4 Act of 1961, and the provisions of title V of the Inter5 national Security and Development Cooperation Act of

6 1980 (Public Law 96–533) and provisions of section 401

7 of the Foreign Assistance Act of 1969, $2,117,099,331, to

8 remain available until September 30, 1997: Provided,

9 Ω11æThat funds made available under this heading for each

10 of (1) sections 103 through 106, (2) section 104(b), (3) chap11 ter 10 of part I, (4) chapter 4 of part II (exclusive of assist12 ance for Israel and Egypt) of the Foreign Assistance Act

13 of 1961, (5) title V of Public Law 96–533, (6) section 401

14 of the Foreign Assistance Act of 1969, and (7) for ‘‘Debt

15 Restructuring’’, shall be the same proportion to the total

16 amount appropriated under this heading as the proportion

17 of funds appropriated to carry out each of such provisions

18 was to the total amount appropriated for them in title II

19 of Public Law 103–306, exclusive of assistance to Israel and

20 Egypt: Provided further, That the President shall seek to

21 ensure that the percentage of funds made available under

22 this heading for the activities of private and voluntary or23 ganizations and cooperatives is at least equal to the percent24 age of funds made available pursuant to corresponding au25 thorities in law for the activities of private and voluntary
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1 organizations and cooperatives in fiscal year 1995: Pro2 vided further, That the use of any authority to waive the

3 requirements of the previous proviso shall be subject to the

4 regular notification requirements of the Committees on Ap5 propriations: Provided further, That of the funds appro6 priated or otherwise available by this Act for population

7 planning assistance administered by the Agency for Inter8 national Development, not less than $350,000,000 shall be

9 made available for the central Office of Population of the

10 Agency for International Development in fiscal year 1996,

11 which sum shall be made available to that office: Provided

12 further, That none of the funds made available in this Act

13 nor any unobligated balances from prior appropriations

14 may be made available to any organization or program

15 which, as determined by the President of the United

16 States, supports or participates in the management of a

17 program of coercive abortion or involuntary sterilization:

18 Provided further, That none of the funds made available

19 under this heading may be used to pay for the perform20 ance of abortion as a method of family planning or to mo21 tivate or coerce any person to practice abortions; and that

22 in order to reduce reliance on abortion in developing na23 tions, funds shall be available only to voluntary family

24 planning projects which offer, either directly or through

25 referral to, or information about access to, a broad range
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1 of family planning methods and services: Provided further,

2 That in awarding grants for natural family planning

3 under section 104 of the Foreign Assistance Act of 1961

4 no applicant shall be discriminated against because of

5 such applicant’s religious or conscientious commitment to

6 offer only natural family planning; and, additionally, all

7 such applicants shall comply with the requirements of the

8 previous provisoΩ12æ: Provided further, That for purposes

9 of this or any other Act authorizing or appropriating funds

10 for foreign operations, export financing, and related pro11 grams, the term ‘‘motivate’’, as it relates to family planning

12 assistance, shall not be construed to prohibit the provision,

13 consistent with local law, of information or counseling

14 about all pregnancy options including abortion: Provided

15 further, That nothing in this paragraph shall be construed

16 to alter any existing statutory prohibitions against abor17 tion under section 104 of the Foreign Assistance Act of

18 1961: Provided further, That, notwithstanding section 109

19 of the Foreign Assistance Act of 1961, of the funds appro20 priated under this heading Ω13æand under the heading

21 ‘‘Development Fund for Africa’’, not to exceed a total of

22 Ω14æ$15,000,000 $30,000,000 may be transferred to

23 ‘‘International Organizations and Programs’’ for a con24 tribution to the International Fund for Agricultural Devel25 opment (IFAD), and that any such transfer of funds shall
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1 be subject to the regular notification procedures of the

2 Committees on AppropriationsΩ15æ: Provided further,

3 That none of the funds made available under this heading

4 may be transferred to the Government of Zaire: Provide fur5 ther, That not less than $2,000,000 shall be provided to the

6 International Fertilizer Development CenterΩ16æ: Provided

7 further, That not less than $800,000 of the funds made

8 available under this heading shall be made available for

9 support of the United States Telecommunications Training

10 Institute;

11 Ω17æDEVELOPMENT FUND FOR AFRICA

12 For necessary expenses to carry out the provisions

13 of chapter 10 of part I of the Foreign Assistance Act of

14 1961, $528,000,000, to remain available until September

15 30, 1997: Provided, That none of the funds appropriated

16 by this Act to carry out chapters 1 and 10 of part I of

17 the Foreign Assistance Act of 1961 shall be transferred

18 to the Government of Zaire: Provided further, That funds

19 appropriated under this heading which are made available

20 for activities supported by the Southern Africa Develop21 ment Community shall be made available notwithstanding

22 section 512 of this Act and section 620(q) of the Foreign

23 Assistance Act of 1961.
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1 Ω18æCYPRUS

2 Of the funds appropriated under the heading ‘‘Eco3 nomic Assistance’’, not less than $15,000,000 shall be made

4 available for Cyprus to be used only for scholarships,

5 bicommunal projects, and measures aimed at reunification

6 of the island and designed to reduce tensions and promote

7 peace and cooperation between the two communities on

8 Cyprus.

9 Ω19æBURMA

10 Of the funds appropriated under the heading ‘‘Eco11 nomic Assistance’’, not less than $2,000,000 shall be made

12 available to strengthen democracy and support humani13 tarian activities in Burma: Provided, That of this amount,

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

15 publications and media activities promoting democracy in16 side Burma: Provided further, That funds made available

17 under this heading may be made available to organizations

18 and Burmese student groups to expand indigenous partici19 pation in the political process, transportation, communica20 tions, publications, administration, and medical supplies

21 and humanitarian services: Provided further, That funds

22 made available under this heading may be made available

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

24 border, and to support activities designated by this Act out25 side Burma: Provided further, That funds made available
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1 under this heading may be made available notwithstanding

2 any other provision of law: Provided further, That provi3 sion of such funds shall be made available subject to the

4 regular notification procedures of the Appropriations Com5 mittees.

6 PRIVATE AND VOLUNTARY ORGANIZATIONS

7 None of the funds appropriated or otherwise made

8 available by this Act for development assistance may be

9 made available to any United States private and voluntary

10 organization, except any cooperative development organi11 zation, which obtains less than 20 per centum of its total

12 annual funding for international activities from sources

13 other than the United States Government: Provided, That

14 the requirements of the provisions of section 123(g) of the

15 Foreign Assistance Act of 1961 and the provisions on pri16 vate and voluntary organizations in title II of the ‘‘Foreign

17 Assistance and Related Programs Appropriations Act,

18 1985’’ (as enacted in Public Law 98–473) shall be super19 seded by the provisions of this sectionΩ20æ, except that

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

21 may be exercised by the Administrator with regard to the

22 requirements of this paragraph.

23 Ω21æFunds appropriated or otherwise made available

24 under title II of this Act should be made available to pri25 vate and voluntary organizations at a level which is equiv26 alent to the level provided in fiscal year 1995. Such private
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1 and voluntary organizations shall include those which op2 erate on a not-for-profit basis, receive contributions from

3 private sources, receive voluntary support from the public

4 and are deemed to be among the most cost-effective and

5 successful providers of development assistance.

6 Ω22æINTERNATIONAL DISASTER ASSISTANCE

7 For necessary expenses for international disaster re8 lief, rehabilitation, and reconstruction assistance pursuant

9 to section 491 of the Foreign Assistance Act of 1961, as

10 amended, $200,000,000 to remain available until ex11 pended.

12 DEBT RESTRUCTURING

13 Ω23æFor Of the funds made available under the head14 ing ‘‘Economic Assistance’’, for the cost, as defined in sec15 tion 502 of the Congressional Budget Act of 1974, of

16 modifying direct loans and loan guarantees, as the Presi17 dent may determine, for which funds have been appro18 priated or otherwise made available for programs within

19 the International Affairs Budget Function 150, including

20 the cost of selling, reducing, or canceling amounts,

21 through debt buybacks and swaps, Ω24æowed to the Unit22 ed States as a result of concessional loans made to eligible

23 Latin American and Caribbean countries, pursuant to part

24 IV of the Foreign Assistance Act of 1961, $7,000,000

25 $15,000,000, to remain available until expended.
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1 MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM

2 ACCOUNT

3 Ω25æFor Of the funds made available under the head4 ing ‘‘Economic Assistance’’, for the subsidy cost of direct

5 loans and loan guarantees, $1,500,000, as authorized by

6 section 108 of the Foreign Assistance Act of 1961, as

7 amended: Provided, That such costs shall be as defined

8 in section 502 of the Congressional Budget Act of

9 1974Ω26æ: Provided further, That guarantees of loans

10 made under this heading in support of microenterprise ac11 tivities may guarantee up to 70 percent of the principal

12 amount of any such loans notwithstanding section 108 of

13 the Foreign Assistance Act of 1961. In addition, for admin14 istrative expenses to carry out programs under this head15 ing, $500,000, all of which may be transferred to and

16 merged with the appropriation for Operating Expenses of

17 the Agency for International DevelopmentΩ27æ: Provided

18 further, That funds made available under this heading shall

19 remain available until September 30, 1997.

20 HOUSING GUARANTY PROGRAM ACCOUNT

21 Ω28æFor administrative expenses to carry out guar22 anteed loan programs, $7,000,000, all of which may be

23 transferred to and merged with the appropriation for Op24 erating Expenses of the Agency for International Develop25 ment.
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1 Of the funds made available under the heading ‘‘Eco2 nomic Assistance’’, for the subsidy cost, as defined in section

3 13201 of the Budget Enforcement Act of 1990, of guaranteed

4 loans authorized by sections 221 and 222 of the Foreign

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

6 funds are available to subsidize loan principal, 100 percent

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

8 such sections: Provided further, That the President shall

9 enter into commitments to guarantee such loans in the full

10 amount provided under this heading, subject to the avail11 ability of qualified applicants for such guarantees: Provided

12 further, That for administrative expenses to carry out guar13 anteed loan programs, $7,000,000, all of which may be

14 transferred to and merged with the appropriation for Oper15 ating Expenses of the Agency for International Develop16 ment: Provided further, That commitments to guarantee

17 loans under this heading may be entered into notwithstand18 ing the second and third sentences of section 222(a) and,

19 with regard to programs for Eastern Europe and programs

20 for the benefit of South Africans disadvantaged by apart21 heid, section 223(j) of the Foreign Assistance Act of 1961:

22 Provided further, That none of the funds appropriated

23 under this heading shall be obligated except through the reg24 ular notification procedures of the Committees on Appro25 priations.
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1 Ω29æINTERNATIONAL DISASTER ASSISTANCE

2 For necessary expenses for international disaster relief,

3 rehabilitation, and reconstruction assistance pursuant to

4 section 491 of the Foreign Assistance Act of 1961, as amend5 ed, $175,000,000 to remain available until expended: Pro6 vided, That of the amount appropriated under this heading,

7 $40,000,000 should be available only for emergency human8 itarian assistance to the former Yugoslavia, of which

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

10 humanitarian assistance to Kosova.

11 CLARIFICATION OF RESTRICTIONS

12 (a) IN GENERAL.—Section 620E of the Foreign Assist13 ance Act of 1961 (22 U.S.C. 2375) is amended—

14 (1) in subsection (e)—

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

16 and inserting the words ‘‘No military assist17 ance’’;

18 (B) by striking the words ‘‘in which assist19 ance is to be furnished or military equipment or

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

21 military assistance is to be furnished or military

22 equipment or technology’’;

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

24 United States assistance’’ and inserting the

25 words ‘‘the proposed United States military as26 sistance’’;
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1 (D) by inserting ‘‘(1)’’ immediately after

2 ‘‘(e)’’; and

3 (E) by adding the following new paragraph:

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

5 apply to any assistance or transfer provided for the

6 purposes of:

7 ‘‘(A) International narcotics control (in8 cluding Chapter 8 of Part I of this Act) or any

9 provision of law available for providing assist10 ance for counternarcotics purposes;

11 ‘‘(B) Facilitating military-to-military con12 tact, training (including Chapter 5 of Part II of

13 this Act) and humanitarian and civic assistance

14 projects;

15 ‘‘(C) Peacekeeping and other multilateral

16 operations (including Chapter 6 of Part II of

17 this Act relating to peacekeeping) or any provi18 sion of law available for providing assistance for

19 peacekeeping purposes, except that lethal mili20 tary equipment provided under this subpara21 graph shall be provided on a lease or loan basis

22 only and shall be returned upon completion of

23 the operation for which it was provided;

24 ‘‘(D) Antiterrorism assistance (including

25 Chapter 8 of Part II of this Act relating to
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1 antiterrorism assistance) or any provision of law

2 available for antitorrism assistance purposes.

3 ‘‘(3) The restrictions of this subsection shall con4 tinue to apply to contracts for the delivery of F–16

5 aircraft to Pakistan.

6 ‘‘(4) Notwithstanding the restrictions contained

7 in this subsection, military equipment, technology, or

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

9 transferred to Pakistan pursuant to contracts or cases

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

11 (2) by adding at the end the following new sub12 sections:

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

14 Government of Pakistan of its contractual obligation to pay

15 the United States Government for the storage costs of items

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

17 the United States Government pursuant to subsection (e)

18 and may reimburse the Government of Pakistan for any

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

20 President may prescribe: Provided, That such payments

21 have no budgetary impact.

22 ‘‘(g) INAPPLICABILITY OF RESTRICTIONS TO PRE23 VIOUSLY OWNED ITEMS.—Section 620E(e) does not apply

24 to broken, worn or unupgraded items or their equivalent

25 which Pakistan paid for and took possession of prior to Oc-
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1 tober 1, 1990 and which the Government of Pakistan sent

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

3 or its equivalent may be returned to the Government of

4 Pakistan: Provided, That the President determines and so

5 certifies to the appropriate congressional committees that

6 such equipment or equivalent neither constitutes nor has re7 ceived any significant qualitative upgrade since being

8 transferred to the United States and that its total value

9 does not exceed $25,000,000.

10 ‘‘(h) BALLISTIC MISSILE SANCTIONS NOT AF11 FECTED.—Nothing contained herein shall affect sanctions

12 for transfers of missile equipment or technology required

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

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

15 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

16 DISABILITY FUND

17 For payment to the ‘‘Foreign Service Retirement and

18 Disability Fund’’, as authorized by the Foreign Service

19 Act of 1980, $43,914,000.

20 OPERATING EXPENSES OF THE AGENCY FOR

21 INTERNATIONAL DEVELOPMENT

22 For necessary expenses to carry out the provisions

23 of section 667, Ω30æ$465,750,000 $490,000,000Ω31æ:–

24 Provided, That of this amount not more than $1,475,000

25 may be made available to pay for printing costs: Provided

26 further, That none of the funds appropriated by this Act
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1 for programs administered by the Agency for Inter2 national Development may be used to finance printing

3 costs of any report or study (except feasibility, design, or

4 evaluation reports or studies) in excess of $25,000 without

5 the approval of the Administrator of that Agency or the

6 Administrator’s designee.

7 OPERATING EXPENSES OF THE AGENCY FOR INTER8 NATIONAL DEVELOPMENT OFFICE OF INSPECTOR

9 GENERAL

10 For necessary expenses to carry out the provisions

11 of section 667, Ω32æ$35,200,000 $30,200,000, which sum

12 shall be available for the Office of the Inspector General

13 of the Agency for International Development.

14 OTHER BILATERAL ECONOMIC ASSISTANCE

15 Ω33æECONOMIC SUPPORT FUND

16 MIDDLE EAST FUND

17 For necessary expenses to carry out the provisions

18 of chapter 4 of part II, Ω34æ$2,300,000,000

19 $2,015,000,000, to remain available until September 30,

20 1997Ω35æ:–Provided, That any funds appropriated under

21 this heading that are made available for Israel shall be

22 made available on a grant basis as a cash transfer and

23 shall be disbursed within thirty days of enactment of this

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

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

26 than $1,200,000,000 shall be available only for Israel, which
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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 source including from funds made available for

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

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

18 1978, for the following endowmnents 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-
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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 treatyΩ36æ:–Provided further, That none

10 of the funds appropriated under this heading shall be

11 made available for Zaire.

12 Ω37æINTERNATIONAL FUND FOR IRELAND

13 For necessary expenses to carry out the provisions

14 of part I of the Foreign Assistance Act of 1961, up to

15 $19,600,000, which shall be available for the United

16 States contribution to the International Fund for Ireland

17 and shall be made available in accordance with the provi18 sions of the Anglo-Irish Agreement Support Act of 1986

19 (Public Law 99–415): Provided, That such amount shall

20 be expended at the minimum rate necessary to make time21 ly payment for projects and activities: Provided further,

22 That funds made available under this heading shall re23 main available until September 30, 1997.
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1 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

2 STATES

3 Ω38æ(a) For necessary expenses to carry out the pro4 visions of the Foreign Assistance Act of 1961 and the

5 Support for East European Democracy (SEED) Act of

6 1989, Ω39æ$324,000,000 $335,000,000, to remain avail7 able until September 30, 1997, which shall be available,

8 notwithstanding any other provision of law, for economic

9 assistance and for related programs for Eastern Europe

10 and the Baltic States.

11 Ω40æ(b) Funds appropriated under this heading or

12 in prior appropriations Acts that are or have been made

13 available for an Enterprise Fund may be deposited by

14 such Fund in interest-bearing accounts prior to the

15 Fund’s disbursement of such funds for program purposes.

16 The Fund may retain for such program purposes any in17 terest earned on such deposits without returning such in18 terest to the Treasury of the United States and without

19 further appropriation by the Congress. Funds made avail20 able for Enterprise Funds shall be expended at the mini21 mum rate necessary to make timely payment for projects

22 and activities.

23 Ω41æ(c) Funds appropriated under this heading shall

24 be considered to be economic assistance under the Foreign

25 Assistance Act of 1961 for purposes of making available
26

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1 the administrative authorities contained in that Act for

2 the use of economic assistance.

3 ASSISTANCE FOR THE NEW INDEPENDENT STATES OF

4 THE FORMER SOVIET UNION

5 (a) For necessary expenses to carry out the provisions

6 of chapter 11 of part I of the Foreign Assistance Act of

7 1961 and the FREEDOM Support Act, for assistance for

8 the new independent states of the former Soviet Union

9 and for related programs, Ω42æ$580,000,000

10 $705,000,000, to remain available until September 30,

11 1997: Provided, That the provisions of 498B(j) of the For12 eign Assistance Act of 1961 shall apply to funds appro13 priated by this paragraph.

14 (b) None of the funds appropriated under this head15 ing shall be transferred to the Government of Russia—

16 (1) unless that Government is making progress

17 in implementing comprehensive economic reforms

18 based on market principles, private ownership, nego19 tiating repayment of commercial debt, respect for

20 commercial contracts, and equitable treatment of

21 foreign private investment; and

22 (2) if that Government applies or transfers

23 United States assistance to any entity for the pur24 pose of expropriating or seizing ownership or control

25 of assets, investments, or ventures.
27

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1 (c) Funds may be furnished without regard to sub2 section (b) if the President determines that to do so is

3 in the national interest.

4 (d) None of the funds appropriated under this head5 ing shall be made available to any government of the new

6 independent states of the former Soviet Union if that gov7 ernment directs any action in violation of the territorial

8 integrity or national sovereignty of any other new inde9 pendent stateΩ43æ,–such as those violations included in

10 Principle Six of the Helsinki Final Act: Provided, That

11 such funds may be made available without regard to the

12 restriction in this subsection if the President determines

13 that to do so is in the national security interest of the

14 United States:–Provided further,: Provided, That the re15 striction of this subsection shall not apply to the use of

16 such funds for the provision of assistance for purposes of

17 humanitarian, disaster and refugee relief.

18 (e) None of the funds appropriated under this head19 ing for the new independent states of the former Soviet

20 Union shall be made available for any state to enhance

21 its military capabilityΩ44æ: Provided, That this restriction

22 does not apply to demilitarization, defense conversion or

23 non-proliferation programs.
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1 (f) Funds appropriated under this heading shall be

2 subject to the regular notification procedures of the Com3 mittees on Appropriations.

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

5 to the new independent states of the former Soviet Union

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

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

9 (h) Funds appropriated under this heading may be

10 made available for assistance for Mongolia.

11 (i) Funds made available in this Act for assistance

12 to the new independent states of the former Soviet Union

13 shall be provided to the maximum extent feasible through

14 the private sector, including small- and medium-size busi15 nesses, entrepreneurs, and others with indigenous private

16 enterprises in the region, intermediary development orga17 nizations committed to private enterprise, and private vol18 untary organizations Ω45æpreviously functioning in the

19 new independent states.

20 Ω46æ(j) The ratio of private sector investment (in21 cluding volunteer contributions in cash or time) to United

22 States government assistance in projects referred to in

23 subsection (i) shall be no less than a ratio of 1 to 1.

24 Ω47æ(k) Of the funds appropriated under this heading,

25 not less than $15,000,000 should be available only for a
29

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1 family planning program for the new independent states

2 of the former Soviet Union comparable to the family plan3 ning program currently administered by the Agency for

4 International Development in the Central Asian Republics

5 and focusing on population assistance which provides an

6 alternative to abortion.

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

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

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

10 activities for Armenia, of which $35,000,000 shall be avail11 able for food, $40,000,000 shall be available for fuel, and

12 $10,000,000 shall be available for medical supplies and

13 services: Provided further, That these funds shall be in addi14 tion to funds justified for programs in the fiscal year 1996

15 congressional presentation documents.

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

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

18 programs and activities for Georgia.

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

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

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

22 $3,000,000 shall be made available to assist in establishing

23 a commodities exchange board: Provided further, That not

24 less than $5,000,000 shall be made available to support im25 provements in the delivery of social services: Provided fur-
30

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1 ther, That not less than $20,000,000 shall be available to

2 support the development of small and medium enterprises:

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

4 provided to support strengthening in independent broadcast

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

6 $5,000,000 shall be available for a pilot project to screen,

7 diagnose, and treat Chernobyl victims suffering from breast

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

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

10 geographic survey to determine levels of contamination

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

12 less than $2,000,000 shall be available to conduct an assess13 ment of the energy distribution grid with recommendations

14 on improvements necessary to provide comprehensive indus15 trial, commercial and residential access to power: Provided

16 further, That not less than $5,000,000 shall be made avail17 able for a pilot project to establish a management and mar18 ket economics training partnership between a Ukrainian

19 university and a United States university with dem20 onstrated experience in Eastern Europe or the New Inde21 pendent States and an ability to plan and direct a multi22 faceted program including business management, manufac23 turing management, market economics, and public admin24 istration training.
31

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

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

3 be made available to improve nuclear energy self-sufficiency

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

5 this amount, not less than $30,000,000 shall be made avail6 able to provide technical assistance, training and equip7 ment to develop institutions and procedures to license, pur8 chase, transfer and use nuclear fuel assemblies consistent

9 with International Atomic Energy Agency standards: Pro10 vided further, That of this amount, not less than

11 $20,000,000 shall be provided for the purchase, installation

12 and training for safety parameter display systems or safety

13 control systems at all nuclear operational nuclear reactors,

14 but on a priority basis at the Chernobyl facility.

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

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

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

18 $4,500,000 shall be transferred to the Federal Bureau of In19 vestigation to establish Legal Attach ́e offices and related

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

21 That these funds shall support both in country and regional

22 law enforcement liaison and investigation activities.

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

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

25 within 30 days of enactment of this Act not less than
32

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1 $12,600,000 shall be transferred to the Federal Bureau of

2 Investigation for international training and cooperation in

3 Central Europe and the New Independent States: Provided,

4 That these funds may support training conducted at the

5 International Law Enforcement Academy in Hungary, in

6 country training sessions in Central Europe, the Baltics,

7 and the New Independent States, and efforts to establish

8 national law enforcement institutes.

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

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

11 partnership programs.

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

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

14 NIS Enterprise Fund.

15 (t) No funds may be made available under this head16 ing, until the Department of State Office of the Coordinator

17 for United States Assistance to the New Independent States

18 submits a report to the Committees on Appropriations pro19 viding a country by country development strategy including

20 the type of activities planned to carry out the strategy re21 quirements.

22 (u) No funds may be made available under this head23 ing for Russia unless the President determines and certifies

24 in writing to the Committees on Appropriations that the

25 Government of Russia has terminated all planning and im-
33

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1 plementation of arrangements to provide Iran with tech2 nical expertise, training, technology or equipment necessary

3 to develop a nuclear reactor or related nuclear research fa4 cilities or programs.

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

6 appropriations Acts that are or have been made available

7 for an Enterprise Fund may be deposited by such Fund

8 in interest-bearing accounts prior to the Funds disburse9 ment of such funds. The Fund may retain for program pur10 poses any interest earned on such deposits without return11 ing such interest to the Treasury of the United States and

12 without further appropriation by Congress.

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

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

15 establishing a Trans-Caucasus Enterprise Fund.

16 Ω48æINDEPENDENT AGENCIES

17 Ω49æAFRICAN DEVELOPMENT FOUNDATION

18 For necessary expenses to carry out the provisions

19 of title V of the International Security and Development

20 Cooperation Act of 1980, Public Law 96–533, and to

21 make such contracts and commitments without regard to

22 fiscal year limitations, as provided by 31 U.S.C. 9104,

23 $11,500,000.
34

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1 Ω50æINTER-AMERICAN FOUNDATION

2 For expenses necessary to carry out the functions of

3 the Inter-American Foundation in accordance with the

4 provisions of section 401 of the Foreign Assistance Act

5 of 1969, and to make such contracts and commitments

6 without regard to fiscal year limitations, as provided by

7 section 9104, title 31, United States Code, $20,000,000.

8 PEACE CORPS

9 For expenses necessary to carry out the provisions

10 of the Peace Corps Act (75 Stat. 612), Ω51æ$210,000,000

11 $200,000,000, including the purchase of not to exceed five

12 passenger motor vehicles for administrative purposes for

13 use outside of the United States: Provided, That none of

14 the funds appropriated under this heading shall be used

15 to pay for abortionsΩ52æ: Provided further, That funds ap16 propriated under this heading shall remain available until

17 September 30, 1997.

18 DEPARTMENT OF STATE

19 INTERNATIONAL NARCOTICS CONTROL

20 For necessary expenses to carry out the provisions

21 of section 481 of the Foreign Assistance Act of 1961,

22 Ω53æ$113,000,000 $150,000,000: Provided, That during

23 fiscal year 1996, the Department of State may also use

24 the authority of section 608 of the Foreign Assistance Act

25 of 1961, without regard to its restrictions, to receive non26 lethal excess property from an agency of the United States
35

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1 Government for the purpose of providing it to a foreign

2 country under chapter 8 of part I of that Act subject to

3 the regular notification procedures of the Committees on

4 AppropriationsΩ54æ: Provided further, That of the funds

5 appropriated under this heading, not less than $1,800,000

6 shall be available to establish and maintain a Federal Bu7 reau of Investigation Legal Attach ́e office in Cairo, Egypt:

8 Provided further, That not less than $5,000,000 shall be

9 made available to the Federal Bureau of Investigation and

10 the Secret Service to establish and maintain offices in the

11 Triborder area of Argentina, Brazil and Paraguay.

12 MIGRATION AND REFUGEE ASSISTANCE

13 For expenses, not otherwise provided for, necessary

14 to enable the Secretary of State to provide, as authorized

15 by law, a contribution to the International Committee of

16 the Red Cross, assistance to refugees, including contribu17 tions to the International Organization for Migration and

18 the United Nations High Commissioner for Refugees, and

19 other activities to meet refugee and migration needsΩ55æ;

20 salaries and expenses of personnel and dependents as au21 thorized by the Foreign Service Act of 1980; salaries and

22 expenses of personnel assigned to the bureau charged with

23 carrying out the Migrations and Refugee Assistance Act; al24 lowances as authorized by sections 5921 through 5925 of

25 title 5, United States Code; purchase and hire of passenger

26 motor vehicles; and services as authorized by section 3109
36

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1 of title 5, United States Code, $671,000,000Ω56æ: Pro2 vided, That not more than $12,000,000 shall be available

3 for administrative expensesΩ57æ:–Provided, That, one of

4 the funds appropriated under this heading shall be avail5 able for salaries and expenses of personnel assigned to the

6 bureau charged with carrying out the Migration and Refu7 gee Assistance ActΩ58æ: Provided further, That not less

8 than $80,000,000 shall be made available for refugees from

9 the former Soviet Union and Eastern Europe and other ref10 ugees resettling in Israel.

11 Ω59æREFUGEE RESETTLEMENT ASSISTANCE

12 For necessary expenses for the targeted assistance

13 program authorized by title IV of the Immigration and

14 Nationality Act and section 501 of the Refugee Education

15 Assistance Act of 1980 and administered by the Office of

16 Refugee Resettlement of the Department of Health and

17 Human Services, in addition to amounts otherwise avail18 able for such purposes, $5,000,000.

19 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

20 ASSISTANCE FUND

21 For necessary expenses to carry out the provisions

22 of section 2(c) of the Migration and Refugee Assistance

23 Act of 1962, as amended (22 U.S.C. 260(c)),

24 $50,000,000, to remain available until expended: Pro25 vided, That the funds made available under this heading

26 are appropriated notwithstanding the provisions contained
37

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1 in section 2(c)(2) of the Migration and Refugee Assistance

2 Act of 1962 which would limit the amount of funds which

3 could be appropriated for this purpose.

4 ANTI-TERRORISM ASSISTANCE

5 For necessary expenses to carry out the provisions

6 of chapter 8 of part II of the Foreign Assistance Act of

7 1961, Ω60æ$17,000,000 $15,000,000.

8 NONPROLIFERATION AND DISARMAMENT FUND

9 For necessary expenses for a ‘‘Nonproliferation and

10 Disarmament Fund’’, $20,000,000, to remain available

11 until expended, to promote bilateral and multilateral ac12 tivities: Provided, That such funds may be used pursuant

13 to the authorities contained in section 504 of the FREE14 DOM Support Act: Provided further, That such funds may

15 also be used for such countries other than the new inde16 pendent states of the former Soviet Union and inter17 national organizations when it is in the national security

18 interest of the United States to do so: Provided further,

19 That funds appropriated under this heading may be made

20 available notwithstanding any other provision of law: Pro21 vided further, That funds appropriated under this heading

22 shall be subject to the regular notification procedures of

23 the Committees on Appropriations.
38

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1 TITLE III—MILITARY ASSISTANCE

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 INTERNATIONAL MILITARY EDUCATION AND TRAINING

4 For necessary expenses to carry out the provisions

5 of section 541 of the Foreign Assistance Act of 1961,

6 Ω61æ$39,000,000 $19,000,000: Provided, That up to

7 $100,000 of the funds appropriated under this heading

8 may be made available for grant financed military edu9 cation and training for any high income country on the

10 condition that that country agrees to fund from its own

11 resources the transportation cost and living allowances of

12 its students: Provided further, That the civilian personnel

13 for whom military education and training may be provided

14 under this heading may also include members of national

15 legislatures who are responsible for the oversight and

16 management of the military, and may also include individ17 uals who are not members of a government: Provided fur18 ther, That none of the funds appropriated under this head19 ing shall be available for Zaire Ω62æand GuatemalaΩ63æ:–

20 Provided further, That funds appropriated under this

21 heading for grant financed military education and training

22 for Indonesia and Guatemala may only be available for

23 expanded military education and training.

24 FOREIGN MILITARY FINANCING PROGRAM

25 For expenses necessary for grants to enable the

26 President to carry out the provisions of section 23 of the
39

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1 Arms Export Control Act, Ω64æ$3,211,279,000

2 $3,207,500,000Ω65æ:–Provided, That funds appropriated

3 by this paragraph that are made available for Israel and

4 Egypt shall be made available only as grants: Provided

5 further, That the funds appropriated by this paragraph

6 that are made available for Israel shall be disbursed within

7 thirty days of enactment of this Act or by October 31,

8 1995, whichever is later: Provided further, That to the ex9 tent that the Government of Israel requests that funds be

10 used for such purposes, grants made available for Israel

11 by this paragraph shall, as agreed by Israel and the Unit12 ed States, be available for advanced weapons systems, of

13 which not to exceed $475,000,000 shall be available for

14 the procurement in Israel of defense articles and defense

15 services, including research and development: Provided

16 further, That funds made available under this paragraph

17 shall be nonrepayable notwithstanding any requirement in

18 section 23 of the Arms Export Control Act: : Provided,

19 That of the funds appropriated by this paragraph not less

20 than $1,800,000,000 shall be available for grants only for

21 Israel, and not less than $1,300,000,000 shall be available

22 for grants only for Egypt: Provided further, That the funds

23 appropriated by this paragraph for Israel shall be disbursed

24 within thirty days of enactment of this Act or by October

25 31, 1995, whichever is later: Provided further, That to the
40

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1 extent that the Government of Israel requests that funds be

2 used for such purposes, grants made available for Israel by

3 this paragraph shall, as agreed by Israel and the United

4 States, be available for advanced fighter aircraft programs

5 or for other advanced weapons systems, as follows: (1) up

6 to $150,000,000 shall be available for research and develop7 ment in the United States; and (2) not less than

8 $475,000,000 shall be available for the procurement in Is9 rael of defense articles and defense services, including re10 search and developmentΩ66æ: Provided further, That funds

11 made available under this paragraph shall be nonrepayable

12 notwithstanding any requirement in section 23 of the Arms

13 Export Control Act: Provided further, That, for the purpose

14 only of providing support for the Warsaw Initiative Pro15 gram, of the funds appropriated by this Act under the head16 ings ‘‘Assistance for Eastern Europe and the Baltic States’’

17 and ‘‘Assistance for the New Independent States of the

18 Former Soviet Union’’, up to a total of $20,000,000 may

19 be transferred, notwithstanding any other provision of law,

20 to the funds appropriated under this paragraph Provided

21 further, That none of the funds made available under this

22 heading shall be available for any non-NATO country par23 ticipating in the Partnership for Peace Program except

24 through the regular notification procedures of the Com25 mittees on Appropriations.
41

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1 For the cost, as defined in section 502 of the Con2 gressional Budget Act of 1974, of direct loans authorized

3 by section 23 of the Arms Export Control Act as follows:

4 cost of direct loans, $64,400,000: Provided, That these

5 funds are available to subsidize gross obligations for the

6 principal amount of direct loans of not to exceed

7 $544,000,000: Provided further, That the rate of interest

8 charged on such loans shall be not less than the current

9 average market yield on outstanding marketable obliga10 tions of the United States of comparable maturities: Pro11 vided further, That funds appropriated under this heading

12 shall be made available for Greece and Turkey only on

13 a loan basis, and the principal amount of direct loans for

14 each country shall not exceed Ω67æthe following:

15 $224,000,000 Ω68æonly for Greece and Ω69æshall not ex16 ceed $320,000,000 Ω70æonly for TurkeyΩ71æ: Provided

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

18 Prime Minister of Turkey to permit access throughout Tur19 key for international humanitarian organizations which

20 operate confidentially, and report to the Committee on Ap21 propriations by June 1, 1996, on progress towards such

22 agreement.

23 None of the funds made available under this heading

24 shall be available to finance the procurement of defense

25 articles, defense services, or design and construction serv-
42

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1 ices that are not sold by the United States Government

2 under the Arms Export Control Act unless the foreign

3 country proposing to make such procurements has first

4 signed an agreement with the United States Government

5 specifying the conditions under which such procurements

6 may be financed with such funds: Provided, That all coun7 try and funding level increases in allocations shall be sub8 mitted through the regular notification procedures of sec9 tion 515 of this Act: Provided further, That funds made

10 available under this heading shall be obligated upon appor11 tionment in accordance with paragraph (5)(C) of title 31,

12 United States Code, section 1501(a): Provided further,

13 That none of the funds appropriated under this heading

14 shall be available for Zaire, Sudan, Peru, Liberia, and

15 Guatemala: Provided further, That none of the funds ap16 propriated or otherwise made available for use under this

17 heading may be made available for Colombia or Bolivia

18 until the Secretary of State certifies that such funds will

19 be used by such country primarily for counternarcotics ac20 tivities: Provided further, That funds made available under

21 this heading may be used, notwithstanding any other pro22 vision of law, for demining activities, and may include ac23 tivities implemented through nongovernmental and inter24 national organizations: Provided further, That not more

25 than $100,000,000 of the funds made available under this
43

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1 heading shall be available for use in financing the procure2 ment of defense articles, defense services, or design and

3 construction services that are not sold by the United

4 States Government under the Arms Export Control Act

5 to countries other than Israel and Egypt: Provided further,

6 That only those countries for which assistance was justi7 fied for the ‘‘Foreign Military Sales Financing Program’’

8 in the fiscal year 1989 congressional presentation for secu9 rity assistance programs may utilize funds made available

10 under this heading for procurement of defense articles, de11 fense services or design and construction services that are

12 not sold by the United States Government under the Arms

13 Export Control Act: Provided further, That, subject to the

14 regular notification procedures of the Committees on Ap15 propriations, funds made available under this heading for

16 the cost of direct loans may also be used to supplement

17 the funds available under this heading for grants, and

18 funds made available under this heading for grants may

19 also be used to supplement the funds available under this

20 heading for the cost of direct loans: Provided further, That

21 funds appropriated under this heading shall be expended

22 at the minimum rate necessary to make timely payment

23 for defense articles and services: Provided further, That

24 the Department of Defense shall conduct during the cur25 rent fiscal year nonreimbursable audits of private firms
44

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1 whose contracts are made directly with foreign govern2 ments and are financed with funds made available under

3 this heading (as well as subcontractors thereunder) as re4 quested by the Defense Security Assistance Agency: Pro5 vided further, That not more than Ω72æ$24,000,000

6 $22,500,000 of the funds appropriated under this heading

7 may be obligated for necessary expenses, including the

8 purchase of passenger motor vehicles for replacement only

9 for use outside of the United States, for the general costs

10 of administering military assistance and sales: Provided

11 further, That not more than $355,000,000 of funds real12 ized pursuant to section 21(e)(1)(A) of the Arms Export

13 Control Act may be obligated for expenses incurred by the

14 Department of Defense during fiscal year 1996 pursuant

15 to section 43(b) of the Arms Export Control Act, except

16 that this limitation may be exceeded only through the reg17 ular notification procedures of the Committees on Appro18 priations.

19 PEACEKEEPING OPERATIONS

20 For necessary expenses to carry out the provisions

21 of section 551 of the Foreign Assistance Act of 1961,

22 Ω73æ$68,300,000 $72,033,000: Provided, That none of the

23 funds appropriated under this paragraph shall be obligated

24 or expended except as provided through the regular notifica25 tion procedures of the Committees on Appropriations.
45

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1 TITLE IV—MULTILATERAL ECONOMIC

2 ASSISTANCE

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL FINANCIAL INSTITUTIONS

5 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

6 RECONSTRUCTION AND DEVELOPMENT

7 For payment to the International Bank for Recon8 struction and Development by the Secretary of the Treas9 ury, for the United States share of the paid-in share por10 tion of the increases in capital stock for the General Cap11 ital Increase, Ω74æ$23,009,000 $28,189,963, to remain

12 available until expendedΩ75æ: Provided further, That not

13 more than twenty-one days prior to the obligation of each

14 such sum, the Secretary shall submit a certification to the

15 committees on Appropriations that the Bank has not ap16 proved any loans to Iran since October 1, 1994, or the

17 President of the United States certifies that withholding of

18 these funds is contrary to the national interest of the United

19 States.

20 For payment to the International Bank for Recon21 struction and Development by the Secretary of the Treas22 ury, for the United States contribution to the Global Envi23 ronment Facility (GEF), Ω76æ$30,000,000 $50,000,000,

24 to remain available until September 30, 1997.
46

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1 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

2 The United States Governor of the International

3 Bank for Reconstruction and Development may subscribe

4 without fiscal year limitation to the callable capital portion

5 of the United States share of increases in capital stock

6 in an amount not to exceed Ω77æ$743,900,000

7 $911,475,013.

8 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

9 ASSOCIATION

10 For payment to the International Development Asso11 ciation by the Secretary of the Treasury,

12 Ω78æ$575,000,000 $775,000,000, for the United States

13 contribution to the tenth replenishment, to remain avail14 able until expended.

15 Ω79æCONTRIBUTION TO THE INTERNATIONAL FINANCE

16 CORPORATION

17 For payment to the International Finance Corpora18 tion by the Secretary of the Treasury, $67,550,000, for the

19 United States share of the increase in subscriptions to cap20 ital stock, to remain available until expended: Provided,

21 That of the amount appropriated under this heading not

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

23 of such stock in fiscal year 1996.
47

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1 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

2 BANK

3 For payment to the Inter-American Development

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

5 States share of the paid-in share portion of the increase

6 in capital stock, Ω80æ$25,950,000 $25,952,110, and for the

7 United States share of the increase in the resources of the

8 Fund for Special Operations, $20,000,000, to remain avail9 able until expended.

10 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

11 The United States Governor of the Inter-American

12 Development Bank may subscribe without fiscal year limi13 tation to the callable capital portion of the United States

14 share of such capital stock in an amount not to exceed

15 Ω81æ$1,523,000,000 $1,523,767,142.

16 Ω82æCONTRIBUTION TO THE ENTERPRISE FOR THE

17 AMERICAS MULTILATERAL INVESTMENT FUND

18 For payment to the Enterprise for the Americas Multi19 lateral Investment Fund by the Secretary of the Treasury,

20 for the United States contribution to the Fund to be admin21 istered by the Inter-American Development Bank,

22 $70,000,000 to remain available until expended.

23 CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

24 For payment to the Asian Development Bank by the

25 Secretary of the Treasury for the United States share of

26 the paid-in portion of the increase in capital stock,
48

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1 Ω83æ$13,200,000 $13,221,596, to remain available until

2 expended.

3 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

4 The United States Governor of the Asian Develop5 ment Bank may subscribe without fiscal year limitation

6 to the callable capital portion of the United States share

7 of such capital stock in an amount not to exceed

8 Ω84æ$647,000,000 $647,858,204.

9 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

10 For the United States contribution by the Secretary

11 of the Treasury to the increases in resources of the Asian

12 Development Fund, as authorized by the Asian Devel13 opment Bank Act, as amended (Public Law 89–369),

14 Ω85æ$100,000,000 $110,000,000, to remain available until

15 expended.

16 CONTRIBUTION TO THE EUROPEAN BANK FOR

17 RECONSTRUCTION AND DEVELOPMENT

18 For payment to the European Bank for Reconstruc19 tion and Development by the Secretary of the Treasury,

20 Ω86æ$69,180,000 $70,000,000, for the United States

21 share of the paid-in share portion of the initial capital sub22 scription, to remain available until expended: Provided,

23 That of the amount appropriated under this heading not

24 more than $54,600,000 may be expended for the purchase

25 of such stock in fiscal year 1996.
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1 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

2 The United States Governor of the European Bank

3 for Reconstruction and Development may subscribe with4 out fiscal year limitation to the callable capital portion of

5 the United States share of such capital stock in an amount

6 not to exceed Ω87æ$161,400,000 $163,333,333.

7 Ω88æNORTH AMERICAN DEVELOPMENT BANK

8 For payment to the North American Development

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

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

11 $56,250,000, to remain available until expended.

12 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

13 The United States Governor of the North American

14 Development Bank may subscribe without fiscal year limi15 tation to the callable capital portion of the United States

16 share of the capital stock of the North American Develop17 ment Bank in an amount not to exceed $318,750,000.

18 NORTH AMERICAN DEVELOPMENT BANK

19 For payment to the North American Development

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

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

22 $25,000,000, to remain available until expended: Provided,

23 That for the payment to the Enterprise for the Americas

24 Multilateral Investment Fund by the Secretary of the Treas25 ury, for the United States contribution to the fund to be
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1 administered by the Inter-American Development Bank,

2 $45,000,000 is provided to remain available until expended.

3 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

4 The United States Governor of the North American De5 velopment Bank may subscribe without fiscal year limita6 tion to the callable capital portion of the United States

7 share of the capital stock of the North American Develop8 ment Bank in an amount not to exceed $318,750,000.

9 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

10 For necessary expenses to carry out the provisions

11 of section 301 of the Foreign Assistance Act of 1961, and

12 of section 2 of the United Nations Environment Program

13 Participation Act of 1973, Ω89æ$155,000,000

14 $260,000,000: Ω90æProvided, Provided, That not less than

15 $3,000,000 of the funds appropriated under this heading

16 shall be made available for the World Food Program: Pro17 vided further, That none of the funds appropriated under

18 this heading shall be made available for the United Na19 tions Fund for Science and Technology: Provided further,

20 That funds appropriated under this heading may be made

21 available for the International Atomic Energy Agency only

22 if the Secretary of State determines (and so reports to

23 the Congress) that Israel is not being denied its right to

24 participate in the activities of that AgencyΩ91æ: Provided

25 further, That any reduction in the amounts made available

26 under this heading for each of the United Nations Develop-
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1 ment Program, the United Nations Children’s Fund, the

2 United Nations Environment Program, and the Inter3 national Atomic Energy Agency, from the amounts made

4 available under this heading for such organization for fiscal

5 year 1995, shall not exceed the percentage by which the total

6 amount appropriated under this heading is reduced from

7 the total amount appropriated under this heading for fiscal

8 year 1995: Provided further, That none of the funds appro9 priated under this heading that are made available to the

10 United Nations Population Fund (UNFPA) shall be made

11 available for activities in the People’s Republic of China:

12 Provided further, That not more than Ω92æ$25,000,000

13 $35,000,000 of the funds appropriated under this heading

14 may be made available to the UNFPA: Provided further,

15 That not more than one-half of this amount may be pro16 vided to UNFPA before March 1, 1996, and that no later

17 than February 15, 1996, the Secretary of State shall sub18 mit a report to the Committees on Appropriations indicat19 ing the amount UNFPA is budgeting for the People’s Re20 public of China in 1996: Provided further, That any

21 amount UNFPA plans to spend in the People’s Republic

22 of China in 1996 above $7,000,000, shall be deducted

23 from the amount of funds provided to UNFPA after

24 March 1, 1996 pursuant to the previous provisos: Provided

25 further, That with respect to any funds appropriated
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1 under this heading that are made available to UNFPA,

2 UNFPA shall be required to maintain such funds in a sep3 arate account and not commingle them with any other

4 fundsΩ93æ: Provided further, That of the funds appro5 priated under this heading, not less than $1,000,000 shall

6 be made available to UNIFEMΩ94æ:–Provided further,

7 That up to $13,000,000 may be made available to the Ko8 rean Peninsula Energy Development Organization

9 (KEDO) for administrative expenses and heavy fuel oil

10 costs associated with the Framework Agreement: Provided

11 further, That additional funds may be made available to

12 KEDO subject to the regular notification procedures of

13 the Committees on AppropriationsΩ95æ: Provided further,

14 That not less than $1,500,000 of the funds appropriated

15 under this heading shall be made available for the United

16 Nations Fund for Victims of Torture.

17 TITLE V—GENERAL PROVISIONS

18 OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

19 SEC. 501. Except for the appropriations entitled

20 ‘‘International Disaster Assistance’’, and ‘‘United States

21 Emergency Refugee and Migration Assistance Fund’’, not

22 more than 15 per centum of any appropriation item made

23 available by this Act shall be obligated during the last

24 month of availability.
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1 PROHIBITION OF BILATERAL FUNDING FOR

2 INTERNATIONAL FINANCIAL INSTITUTIONS

3 SEC. 502. None of the funds contained in title II of

4 this Act may be used to carry out the provisions of section

5 209(d) of the Foreign Assistance Act of 1961.

6 LIMITATION ON RESIDENCE EXPENSES

7 SEC. 503. Of the funds appropriated or made avail8 able pursuant to this Act, not to exceed $126,500 shall

9 be for official residence expenses of the Agency for Inter10 national Development during the current fiscal year: Pro11 vided, That appropriate steps shall be taken to assure

12 that, to the maximum extent possible, United States13 owned foreign currencies are utilized in lieu of dollars.

14 LIMITATION ON EXPENSES

15 SEC. 504. Of the funds appropriated or made avail16 able pursuant to this Act, Ω96ænot to exceed $5,000 no

17 funds shall be for entertainment expenses of the Agency

18 for International Development during the current fiscal

19 year.

20 LIMITATION ON REPRESENTATIONAL ALLOWANCES

21 SEC. 505. Of the funds appropriated or made avail22 able pursuant to this Act, not to exceed $95,000 shall be

23 available for representation allowances for the Agency for

24 International Development during the current fiscal year:

25 Provided, That appropriate steps shall be taken to assure

26 that, to the maximum extent possible, United States-
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1 owned foreign currencies are utilized in lieu of dollars:

2 Provided further, That of the funds made available by this

3 Act for general costs of administering military assistance

4 and sales under the heading ‘‘Foreign Military Financing

5 Program’’, Ω97ænot to exceed $2,000 no funds shall be

6 available for entertainment expenses and not to exceed

7 $50,000 shall be available for representation allowances:

8 Provided further, That of the funds made available by this

9 Act under the heading ‘‘International Military Education

10 and Training’’, not to exceed $50,000 shall be available

11 for entertainment allowances: Provided further, That of

12 the funds made available by this Act for the Inter-Amer13 ican Foundation, Ω98æno funds shall be available for enter14 tainment and not to exceed $2,000 shall be available for

15 Ω99æentertainment and representation allowances: Pro16 vided further, That of the funds made available by this

17 Act for the Peace Corps, Ω100ænot to exceed a total of

18 $4,000 no funds shall be available for entertainment ex19 penses: Provided further, That of the funds made available

20 by this Act under the heading ‘‘Trade and Development

21 Agency’’, Ω101æno funds shall be available for entertain22 ment and not to exceed $2,000 shall be available for rep23 resentation Ω102æand entertainment allowances.

24 PROHIBITION ON FINANCING NUCLEAR GOODS

25 SEC. 506. None of the funds appropriated or made

26 available (other than funds for ‘‘International Organiza-
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1 tions and Programs’’) pursuant to this Act, for carrying

2 out the Foreign Assistance Act of 1961, may be used, ex3 cept for purposes of nuclear safety, to finance the export

4 of nuclear equipment, fuel, or technology.

5 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

6 COUNTRIES

7 SEC. 507. None of the funds appropriated or other8 wise made available pursuant to this Act shall be obligated

9 or expended to finance directly any assistance or repara10 tions to Cuba, Iraq, Libya, North Korea, Iran, Serbia,

11 Sudan, or Syria: Provided, That for purposes of this sec12 tion, the prohibition on obligations or expenditures shall

13 include direct loans, credits, insurance and guarantees of

14 the Export-Import Bank or its agents.

15 MILITARY COUPS

16 SEC. 508. None of the funds appropriated or other17 wise made available pursuant to this Act shall be obligated

18 or expended to finance directly any assistance to any coun19 try whose duly elected Head of Government is deposed by

20 military coup or decree: Provided, That assistance may be

21 resumed to such country if the President determines and

22 reports to the Committees on Appropriations that subse23 quent to the termination of assistance a democratically

24 elected government has taken office.
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1 TRANSFERS BETWEEN ACCOUNTS

2 SEC. 509. None of the funds made available by this

3 Act may be obligated under an appropriation account to

4 which they were not appropriated, except for transfers

5 specifically provided for in this Act, unless the President,

6 prior to the exercise of any authority contained in the For7 eign Assistance Act of 1961 to transfer funds, consults

8 with and provides a written policy justification to the

9 Committees on Appropriations of the House of Represent10 atives and the Senate: Provided, That the exercise of such

11 authority shall be subject to the regular notification proce12 dures of the Committees on Appropriations, except for

13 transfers specifically referred to in this Act.

14 DEOBLIGATION/REOBLIGATION AUTHORITY

15 SEC. 510. Ω103æ(a) Amounts certified pursuant to

16 section 1311 of the Supplemental Appropriations Act,

17 1955, as having been obligated against appropriations

18 heretofore made under the authority of the Foreign Assist19 ance Act of 1961 for the same general purpose as any

20 of the headings under title II of this Act are, if

21 deobligated, hereby continued available for the same pe22 riod as the respective appropriations under such headings

23 or until September 30, 1996, whichever is later, and for

24 the same general purpose, and for countries within the

25 same region as originally obligated: Provided, That the

26 Appropriations Committees of both Houses of the Con-
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1 gress are notified fifteen days in advance of the

2 deobligation and reobligation of such funds in accordance

3 with regular notification procedures of the Committees on

4 Appropriations.

5 Ω104æ(b) Obligated balances of funds appropriated to

6 carry out section 23 of the Arms Export Control Act as

7 of the end of the fiscal year immediately preceding the cur8 rent fiscal year are, if deobligated, hereby continued avail9 able during the current fiscal year for the same purpose

10 under any authority applicable to such appropriations

11 under this Act: Provided, That the authority of this sub12 section may not be used in fiscal year 1996.

13 AVAILABILITY OF FUNDS

14 SEC. 511. No part of any appropriation contained in

15 this Act shall remain available for obligation after the ex16 piration of the current fiscal year unless expressly so pro17 vided in this Act: Provided, That funds appropriated for

18 the purposes of chapters 1, 8 and 11 of part I, section

19 667, and chapter 4 of part II of the Foreign Assistance

20 Act of 1961, as amended, and funds provided under the

21 heading ‘‘Assistance for Eastern Europe and the Baltic

22 States’’, shall remain available until expended if such

23 funds are initially obligated before the expiration of their

24 respective periods of availability contained in this Act:

25 Provided further, That, notwithstanding any other provi26 sion of this Act, any funds made available for the purposes
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1 of chapter 1 of part I and chapter 4 of part II of the

2 Foreign Assistance Act of 1961 which are allocated or ob3 ligated for cash disbursements in order to address balance

4 of payments or economic policy reform objectives, shall re5 main available until expended: Provided further, That the

6 report required by section 653(a) of the Foreign Assist7 ance Act of 1961 shall designate for each country, to the

8 extent known at the time of submission of such report,

9 those funds allocated for cash disbursement for balance

10 of payment and economic policy reform purposes.

11 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

12 SEC. 512. No part of any appropriation contained in

13 this Act shall be used to furnish assistance to any country

14 which is in default during a period in excess of one cal15 endar year in payment to the United States of principal

16 or interest on any loan made to such country by the Unit17 ed States pursuant to a program for which funds are ap18 propriated under this Act: Provided, That this section and

19 section 620(q) of the Foreign Assistance Act of 1961 shall

20 not apply to funds made available in this Act or during

21 the current fiscal year for Nicaragua, and for any narcot22 ics-related assistance for Colombia, Bolivia, and Peru au23 thorized by the Foreign Assistance Act of 1961 or the

24 Arms Export Control Act.
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1 COMMERCE AND TRADE

2 SEC. 513. (a) None of the funds appropriated or

3 made available pursuant to this Act for direct assistance

4 and none of the funds otherwise made available pursuant

5 to this Act to the Export-Import Bank and the Overseas

6 Private Investment Corporation shall be obligated or ex7 pended to finance any loan, any assistance or any other

8 financial commitments for establishing or expanding pro9 duction of any commodity for export by any country other

10 than the United States, if the commodity is likely to be

11 in surplus on world markets at the time the resulting pro12 ductive capacity is expected to become operative and if the

13 assistance will cause substantial injury to United States

14 producers of the same, similar, or competing commodity:

15 Provided, That such prohibition shall not apply to the Ex16 port-Import Bank if in the judgment of its Board of Direc17 tors the benefits to industry and employment in the Unit18 ed States are likely to outweigh the injury to United

19 States producers of the same, similar, or competing com20 modity, Ω105æand the Chairman of the Board so notifies

21 the Committees on Appropriations.

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

23 other Act to carry out chapter 1 of part I of the Foreign

24 Assistance Act of 1961 shall be available for any testing

25 or breeding feasibility study, variety improvement or intro-
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1 duction, consultancy, publication, conference, or training

2 in connection with the growth or production in a foreign

3 country of an agricultural commodity for export which

4 would compete with a similar commodity grown or pro5 duced in the United States: Provided, That this subsection

6 shall not prohibit—

7 (1) activities designed to increase food security

8 in developing countries where such activities will not

9 have a significant impact in the export of agricul10 tural commodities of the United States; or

11 (2) research activities intended primarily to

12 benefit American producers.

13 SURPLUS COMMODITIES

14 SEC. 514. The Secretary of the Treasury shall in15 struct the United States Executive Directors of the Inter16 national Bank for Reconstruction and Development, the

17 International Development Association, the International

18 Finance Corporation, the Inter-American Development

19 Bank, the International Monetary Fund, the Asian Devel20 opment Bank, the Inter-American Investment Corpora21 tion, the North American Development Bank, the Euro22 pean Bank for Reconstruction and Development, the Afri23 can Development Bank, and the African Development

24 Fund to use the voice and vote of the United States to

25 oppose any assistance by these institutions, using funds

26 appropriated or made available pursuant to this Act, for
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1 the production or extraction of any commodity or mineral

2 for export, if it is in surplus on world markets and if the

3 assistance will cause substantial injury to United States

4 producers of the same, similar, or competing commodity.

5 NOTIFICATION REQUIREMENTS

6 SEC. 515. For the purposes of providing the Execu7 tive Branch with the necessary administrative flexibility,

8 none of the funds made available under this Act for

9 Ω106æ‘‘Child Survival and Disease Programs Fund’’,

10 ‘‘Development Assistance Fund’’, ‘‘Development Fund for

11 Africa’’, ‘‘Economic Assistance’’, ‘‘International organiza12 tions and programs’’, ‘‘Trade and Development Agency’’,

13 ‘‘International narcotics control’’, ‘‘Assistance for Eastern

14 Europe and the Baltic States’’, ‘‘Assistance for the New

15 Independent States of the Former Soviet Union’’,

16 Ω107æ‘‘Economic Support Fund’’, ‘‘Peacekeeping oper17 ations’’, ‘‘Operating expenses of the Agency for Inter18 national Development’’, ‘‘Operating expenses of the Agen19 cy for International Development Office of Inspector Gen20 eral’’, ‘‘Nonproliferation and Disarmament Fund’’, ‘‘Anti21 terrorism assistance’’, ‘‘Foreign Military Financing Pro22 gram’’, ‘‘International military education and training’’,

23 Ω108æ‘‘Inter-American Foundation’’, ‘‘African Develop24 ment Foundation’’, ‘‘Peace Corps’’, Ω109æ‘‘Middle East

25 Fund’’ or ‘‘Migration and refugee assistance’’, Ω110æor

26 ‘‘United States Emergency Refugee and Migration Assist-
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1 ance Fund’’, shall be available for obligation for activities,

2 programs, projects, type of materiel assistance, countries,

3 or other operations not justified or in excess of the amount

4 justified to the Appropriations Committees for obligation

5 under any of these specific headings unless the Appropria6 tions Committees of both Houses of Congress are pre7 viously notified fifteen days in advance: Provided, That the

8 President shall not enter into any commitment of funds

9 appropriated for the purposes of section 23 of the Arms

10 Export Control Act for the provision of major defense

11 equipment, other than conventional ammunition, or other

12 major defense items defined to be aircraft, ships, missiles,

13 or combat vehicles, not previously justified to Congress or

14 20 per centum in excess of the quantities justified to Con15 gress unless the Committees on Appropriations are noti16 fied fifteen days in advance of such commitment: Provided

17 further, That this section shall not apply to any

18 reprogramming for an activity, program, or project under

19 chapter 1 of part I of the Foreign Assistance Act of 1961

20 of less than Ω111æ20 10 per centum of the amount pre21 viously justified to the Congress for obligation for such

22 activity, program, or project for the current fiscal year:

23 Provided further, That the requirements of this section or

24 any similar provision of this Act or any prior Act requiring

25 notification in accordance with the regular notification
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1 procedures of the Committees on Appropriations may be

2 waived if failure to do so would pose a substantial risk

3 to human health or welfare: Provided further, That in case

4 of any such waiver, notification to the Congress, or the

5 appropriate congressional committees, shall be provided as

6 early as practicable, but in no event later than three days

7 after taking the action to which such notification require8 ment was applicable, in the context of the circumstances

9 necessitating such waiver: Provided further, That any noti10 fication provided pursuant to such a waiver shall contain

11 an explanation of the emergency circumstances.

12 Drawdowns made pursuant to section 506(a)(2) of

13 the Foreign Assistance Act of 1961 shall be subject to the

14 regular notification procedures of the Committees on Ap15 propriations.

16 LIMITATION ON AVAILABILITY OF FUNDS FOR

17 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

18 SEC. 516. Notwithstanding any other provision of law

19 or of this Act, none of the funds provided for ‘‘Inter20 national Organizations and Programs’’ shall be available

21 for the United States proportionate share, in accordance

22 with section 307(c) of the Foreign Assistance Act of 1961,

23 for any programs identified in section 307, or for Libya,

24 Iran, or, at the discretion of the President, Communist

25 countries listed in section 620(f) of the Foreign Assistance

26 Act of 1961, as amended: Provided, That, subject to the
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1 regular notification procedures of the Committees on Ap2 propriations, funds appropriated under this Act or any

3 previously enacted Act making appropriations for foreign

4 operations, export financing, and related programs, which

5 are returned or not made available for organizations and

6 programs because of the implementation of this section

7 or any similar provision of law, shall remain available for

8 obligation through September 30, 1997.

9 ECONOMIC Ω112æSUPPORT FUND ASSISTANCE FOR

10 ISRAEL

11 SEC. 517. The Congress finds that progress on the

12 peace process in the Middle East is vitally important to

13 United States security interests in the region. The Con14 gress recognizes that, in fulfilling its obligations under the

15 Treaty of Peace Between the Arab Republic of Egypt and

16 the State of Israel, done at Washington on March 26,

17 1979, Israel incurred severe economic burdens. Further18 more, the Congress recognizes that an economically and

19 militarily secure Israel serves the security interests of the

20 United States, for a secure Israel is an Israel which has

21 the incentive and confidence to continue pursuing the

22 peace process. Therefore, the Congress declares that, sub23 ject to the availability of appropriations, it is the policy

24 and the intention of the United States that the funds pro25 vided in annual appropriations for Ω113æthe Economic
65

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1 Support Fund economic assistance which are allocated to

2 Israel shall not be less than the annual debt repayment

3 (interest and principal) from Israel to the United States

4 Government in recognition that such a principle serves

5 United States interests in the region.

6 PROHIBITION Ω114æCONCERNING ABORTIONS ON FUND7 ING FOR ABORTIONS AND INVOLUNTARY STERILIZA8 TION

9 SEC. 518. None of the funds made available to carry

10 out part I of the Foreign Assistance Act of 1961, as

11 amended, may be used to pay for the performance of abor12 tions as a method of family planning or to motivate or

13 coerce any person to practice abortions. None of the funds

14 made available to carry out part I of the Foreign Assist15 ance Act of 1961, as amended, may be used to pay for

16 the performance of involuntary sterilization as a method

17 of family planning or to coerce or provide any financial

18 incentive to any person to undergo sterilizations. None of

19 the funds made available to carry out part I of the Foreign

20 Assistance Act of 1961, as amended, may be used to pay

21 for any biomedical research which relates in whole or in

22 part, to methods of, or the performance of, abortions or

23 involuntary sterilization as a means of family planning.

24 None of the funds made available to carry out part I of

25 the Foreign Assistance Act of 1961, as amended, may be
66

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1 obligated or expended for any country or organization if

2 the President certifies that the use of these funds by any

3 such country or organization would violate any of the

4 above provisions related to abortions and involuntary steri5 lizationsΩ115æ: Provided, That in determining eligibility

6 for assistance from funds appropriated to carry out section

7 104 of the Foreign Assistance Act of 1961, nongovernmental

8 and multilateral organizations shall not be subjected to re9 quirements more restrictive than the requirements applica10 ble to foreign governments for such assistance: Provided fur11 ther, That none of the funds made available under this Act

12 may be used to lobby for or against abortion.

13 REPORTING REQUIREMENT

14 SEC. 519. The President shall submit to the Commit15 tees on Appropriations the reports required by section

16 25(a)(1) of the Arms Export Control Act.

17 SPECIAL NOTIFICATION REQUIREMENTS

18 SEC. 520. None of the funds appropriated in this Act

19 shall be obligated or expended for Colombia, Dominican

20 Republic, Guatemala, Haiti, Ω116æIndonesia, Liberia,

21 Nicaragua, Pakistan, Peru, Ω117æRussia, Sudan, or Zaire

22 except as provided through the regular notification proce23 dures of the Committees on Appropriations: Provided,

24 That this section shall not apply to funds appropriated

25 by this Act to carry out the provisions of chapter 1 of
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1 part I of the Foreign Assistance Act of 1961 that are

2 made available for Ω118æIndonesia and Nicaragua.

3 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

4 SEC. 521. For the purpose of this Act, ‘‘program,

5 project, and activity’’ shall be defined at the Appropria6 tions Act account level and shall include all Appropriations

7 and Authorizations Acts earmarks, ceilings, and limita8 tions with the exception that for the following accounts:

9 Economic Support Fund and Foreign Military Financing

10 Program, ‘‘program, project, and activity’’ shall also be

11 considered to include country, regional, and central pro12 gram level funding within each such account; for the devel13 opment assistance accounts of the Agency for Inter14 national Development ‘‘program, project, and activity’’

15 shall also be considered to include central program level

16 funding, either as (1) justified to the Congress, or (2) allo17 cated by the executive branch in accordance with a report,

18 to be provided to the Committees on Appropriations within

19 thirty days of enactment of this Act, as required by section

20 653(a) of the Foreign Assistance Act of 1961.

21 Ω119æFAMILY PLANNING, CHILD SURVIVAL AND AIDS

22 ACTIVITIES

23 SEC. 522. Up to $8,000,000 of the funds made avail24 able by this Act for assistance for family planning, health,

25 child survival, and AIDS, may be used to reimburse Unit26 ed States Government agencies, agencies of State govern-
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1 ments, institutions of higher learning, and private and vol2 untary organizations for the full cost of individuals (in3 cluding for the personal services of such individuals) de4 tailed or assigned to, or contracted by, as the case may

5 be, the Agency for International Development for the pur6 pose of carrying out family planning activities, child sur7 vival activities and activities relating to research on, and

8 the treatment and control of, acquired immune deficiency

9 syndrome in developing countries: Provided, That funds

10 appropriated by this Act that are made available for child

11 survival activities or activities relating to research on, and

12 the treatment and control of, acquired immune deficiency

13 syndrome may be made available notwithstanding any pro14 vision of law that restricts assistance to foreign countries:

15 Provided further, That funds appropriated by this Act that

16 are made available for family planning activities may be

17 made available notwithstanding section 512 of this Act

18 and section 620(q) of the Foreign Assistance Act of 1961.

19 PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN

20 COUNTRIES

21 SEC. 523. None of the funds appropriated or other22 wise made available pursuant to this Act shall be obligated

23 to finance indirectly any assistance or reparations to

24 Cuba, Iraq, Libya, Iran, Syria, North Korea, or the Peo25 ple’s Republic of China, unless the President of the United

26 States certifies that the withholding of these funds is con-
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1 trary to the national Ω120æsecurity interest of the United

2 States.

3 RECIPROCAL LEASING

4 SEC. 524. Section 61(a) of the Arms Export Control

5 Act is amended by striking out ‘‘1995’’ and inserting in

6 lieu thereof ‘‘1996’’.

7 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

8 SEC. 525. Prior to providing excess Department of

9 Defense articles in accordance with section 516(a) of the

10 Foreign Assistance Act of 1961, the Department of De11 fense shall notify the Committees on Appropriations to the

12 same extent and under the same conditions as are other

13 committees pursuant to subsection (c) of that section: Pro14 vided, That before issuing a letter of offer to sell excess

15 defense articles under the Arms Export Control Act, the

16 Department of Defense shall notify the Committees on

17 Appropriations in accordance with the regular notification

18 procedures of such Committees: Provided further, That

19 such Committees shall also be informed of the original ac20 quisition cost of such defense articles.

21 AUTHORIZATION REQUIREMENT

22 SEC. 526. Funds appropriated by this Act may be

23 obligated and expended Ω121æsubject to notwithstanding

24 section 10 of Public Law 91–672 and section 15 of the

25 State Department Basic Authorities Act of 1956.
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1 OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES

2 BY INTERNATIONAL FINANCIAL INSTITUTIONS

3 SEC. 527. (a) INSTRUCTIONS FOR UNITED STATES

4 EXECUTIVE DIRECTORS.—The Secretary of the Treasury

5 shall instruct the United States Executive Director of each

6 international financial institution designated in subsection

7 (b), and the Administrator of the Agency for International

8 Development shall instruct the United States Executive

9 Director of the International Fund for Agriculture Devel10 opment, to use the voice and vote of the United States

11 to oppose any loan or other use of the funds of the respec12 tive institution to or for a country for which the Secretary

13 of State has made a determination under section 6(j) of

14 the Export Administration Act of 1979.

15 (b) DEFINITION.—For purposes of this section, the

16 term ‘‘international financial institution’’ includes—

17 (1) the International Bank for Reconstruction

18 and Development, the International Development

19 Association, and the International Monetary Fund;

20 and

21 (2) wherever applicable, the Inter-American De22 velopment Bank, the Asian Development Bank, the

23 African Development Bank, the African Develop24 ment Fund, and the European Bank for Reconstruc25 tion and Development.
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1 Ω122æPROHIBITION ON BILATERAL ASSISTANCE TO

2 TERRORIST COUNTRIES

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

4 of law, funds appropriated for bilateral assistance under

5 any heading of this Act and funds appropriated under any

6 such heading in a provision of law enacted prior to enact7 ment of this Act, shall not be made available to any country

8 which the President determines—

9 (1) grants sanctuary from prosecution to any in10 dividual or group which has committed an act of

11 international terrorism, or

12 (2) otherwise supports international terrorism.

13 (b) The President may waive the application of sub14 section (a) to a country if the President determines that

15 national security or humanitarian reasons justify such

16 waiver. The President shall publish each waiver in the Fed17 eral Register and, at least fifteen days before the waiver

18 takes effect, shall notify the Committees on Appropriations

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

20 in accordance with the regular notification procedures of

21 the Committees on Appropriations.

22 COMMERCIAL LEASING OF DEFENSE ARTICLES

23 SEC. 528. Notwithstanding any other provision of

24 law, and subject to the regular notification requirements

25 of the Committees on Appropriations, the authority of sec26 tion 23(a) of the Arms Export Control Act may be used
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1 to provide financing to Ω123æIsrael and Israel, Egypt and

2 NATO and major non-NATO allies for the procurement

3 by leasing (including leasing with an option to purchase)

4 of defense articles from United States commercial suppli5 ers, not including Major Defense Equipment (other than

6 helicopters and other types of aircraft having possible ci7 vilian application), if the President determines that there

8 are compelling foreign policy or national security reasons

9 for those defense articles being provided by commercial

10 lease rather than by government-to-government sale under

11 such Act.

12 Ω124æCOMPETITIVE INSURANCE

13 SEC. 528A. All Agency for International Development

14 contracts and solicitations, and subcontracts entered into

15 under such contracts, shall include a clause requiring that

16 United States insurance companies have a fair opportunity

17 to bid for insurance when such insurance is necessary or

18 appropriate.

19 Ω125æSTINGERS IN THE PERSIAN GULF REGION

20 SEC. 529. Except as provided in section 581 of the

21 Foreign Operations, Export Financing, and Related Pro22 grams Appropriations Act, 1990, the United States may

23 not sell or otherwise make available any Stingers to any

24 country bordering the Persian Gulf under the Arms Ex-
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1 port Control Act or chapter 2 of part II of the Foreign

2 Assistance Act of 1961.

3 DEBT-FOR-DEVELOPMENT

4 SEC. 530. In order to enhance the continued partici5 pation of nongovernmental organizations in economic as6 sistance activities under the Foreign Assistance Act of

7 1961, including endowments, debt-for-development and

8 debt-for-nature exchanges, a nongovernmental organiza9 tion which is a grantee or contractor of the Agency for

10 International Development may place in interest bearing

11 accounts funds made available under this Act or prior Acts

12 or local currencies which accrue to that organization as

13 a result of economic assistance provided under title II of

14 this Act and any interest earned on such investment may

15 be used for the purpose for which the assistance was pro16 vided to that organization.

17 Ω126æLOCATION OF STOCKPILES

18 SEC. 531. Section 514(b)(2) of the Foreign Assist19 ance Act of 1961 is amended by striking out ‘‘a total of

20 $200,000,000 for stockpiles in Israel for fiscal years 1994

21 and 1995, up to $40,000,000 may be made available for

22 stockpiles in the Republic of Korea, and up to

23 $10,000,000 may be made available for stockpiles in Thai24 land for fiscal year 1995.’’ and inserting in lieu thereof

25 ‘‘$200,000,000 for stockpiles in Israel, $40,000,000 for
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1 stockpiles in the Republic of Korea and $10,000,000 for

2 stockpiles in Thailand for fiscal year 1996’’.

3 COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES

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

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

6 adding at the end the following:

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

8 made in implementation of sales under this section for de9 fense articles and defense services wholly paid for funds

10 made available on a nonrepayable basis shall be priced on

11 the same costing basis with regard to profit, overhead, inde12 pendent research and development, bid and proposal, and

13 other costing elements, as is applicable to procurements of

14 like items purchased by the Department of Defense for its

15 own use.’’

16 (b) EFFECTIVE DATE AND IMPLEMENTING REGULA17 TIONS.—Section 22(d) of the Arms Export Control Act, as

18 added by subsection (a)—

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

20 date of the enactment of this Act;

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

22 implementation of sales made after such effective date;

23 and

24 (3) shall be implemented by revised procurement

25 regulations, which shall be issued prior to such effec26 tive date.
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1 STOCKPILES OF DEFENSE ARTICLES

2 SEC. 531B. (a) LIMITATION ON VALUE OF ADDI3 TIONS.—Section 514(b)(1) of the Foreign Assistance Act of

4 1961 (22 U.S.C. 2321h(b)(1)) is amended by inserting ‘‘or

5 in the implementation of agreements with Israel’’ after

6 ‘‘North Atlantic Treaty Organization’’.

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

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

9 amended to read as follows:

10 ‘‘(2)(A) The value of such additions to stockpiles of de11 fense articles in foreign countries shall not exceed

12 $50,000,000 for each of the fiscal years 1996 and 1997.

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

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

15 $40,000,000 may be made available for stockpiles in the Re16 public of Korea and not more than $10,000,000 may be

17 made available for stockpiles in Thailand.’’.

18 (c) LOCATION OF STOCKPILES OF DEFENSE AUTHORI19 TIES.—Section 514(c) of such Act (22 U.S.C. 2321h(c)) is

20 amended to read as follows:

21 ‘‘(c) LOCATION OF STOCKPILES OF DEFENSE ARTI22 CLES.—

23 ‘‘(1) LIMITATION.—Except as provided in para24 graph (2), no stockpile of defense articles may be lo25 cated outside the boundaries of a United States mili-
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1 tary base or a military base used primarily by the

2 United States.

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

4 apply with respect to stockpiles of defense articles lo5 cated in the Republic of Korea, Thailand, any coun6 try that is a member of the North Atlantic Treaty Or7 ganization, any country that is a major non-NATO

8 ally, or any other country the President may des9 ignate. At least 15 days before designating a country

10 pursuant to the last clause of the preceding sentence,

11 the President shall notify the congressional commit12 tees specified in section 634A(a) in accordance with

13 the procedures applicable to reprogramming notifica14 tions under that section.’’.

15 SEPARATE ACCOUNTS

16 SEC. 532. (a) SEPARATE ACCOUNTS FOR LOCAL

17 CURRENCIES.—(1) If assistance is furnished to the gov18 ernment of a foreign country under chapters 1 and 10 of

19 part I or chapter 4 of part II of the Foreign Assistance

20 Act of 1961 under agreements which result in the genera21 tion of local currencies of that country, the Administrator

22 of the Agency for International Development shall—

23 (A) require that local currencies be deposited in

24 a separate account established by that government;

25 (B) enter into an agreement with that govern26 ment which sets forth—
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1 (i) the amount of the local currencies to be

2 generated, and

3 (ii) the terms and conditions under which

4 the currencies so deposited may be utilized, con5 sistent with this section; and

6 (C) establish by agreement with that govern7 ment the responsibilities of the Agency for Inter8 national Development and that government to mon9 itor and account for deposits into and disbursements

10 from the separate account.

11 (2) USES OF LOCAL CURRENCIES.—As may be

12 agreed upon with the foreign government, local currencies

13 deposited in a separate account pursuant to subsection

14 (a), or an equivalent amount of local currencies, shall be

15 used only—

16 (A) to carry out chapters 1 or 10 of part I or

17 chapter 4 of part II (as the case may be), for such

18 purposes as—

19 (i) project and sector assistance activities,

20 or

21 (ii) debt and deficit financing; or

22 (B) for the administrative requirements of the

23 United States Government.

24 (3) PROGRAMMING ACCOUNTABILITY.—The Agency

25 for International Development shall take all appropriate
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1 steps to ensure that the equivalent of the local currencies

2 disbursed pursuant to subsection (a)(2)(A) from the sepa3 rate account established pursuant to subsection (a)(1) are

4 used for the purposes agreed upon pursuant to subsection

5 (a)(2).

6 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

7 Upon termination of assistance to a country under chap8 ters 1 or 10 of part I or chapter 4 of part II (as the case

9 may be), any unencumbered balances of funds which re10 main in a separate account established pursuant to sub11 section (a) shall be disposed of for such purposes as may

12 be agreed to by the government of that country and the

13 United States Government.

14 (5) CONFORMING AMENDMENTS.—The provisions of

15 this subsection shall supersede the tenth and eleventh pro16 visos contained under the heading ‘‘Sub-Saharan Africa,

17 Development Assistance’’ as included in the Foreign Oper18 ations, Export Financing, and Related Programs Appro19 priations Act, 1989 and sections 531(d) and 609 of the

20 Foreign Assistance Act of 1961.

21 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

22 (1) If assistance is made available to the government of

23 a foreign country, under chapters 1 or 10 of part I or

24 chapter 4 of part II of the Foreign Assistance Act of 1961,

25 as cash transfer assistance or as nonproject sector assist-
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1 ance, that country shall be required to maintain such

2 funds in a separate account and not commingle them with

3 any other funds.

4 (2) APPLICABILITY OF OTHER PROVISIONS OF

5 LAW.—Such funds may be obligated and expended not6 withstanding provisions of law which are inconsistent with

7 the nature of this assistance including provisions which

8 are referenced in the Joint Explanatory Statement of the

9 Committee of Conference accompanying House Joint Res10 olution 648 (H. Report No. 98–1159).

11 (3) NOTIFICATION.—At least fifteen days prior to ob12 ligating any such cash transfer or nonproject sector assist13 ance, the President shall submit a notification through the

14 regular notification procedures of the Committees on Ap15 propriations, which shall include a detailed description of

16 how the funds proposed to be made available will be used,

17 with a discussion of the United States interests that will

18 be served by the assistance (including, as appropriate, a

19 description of the economic policy reforms that will be pro20 moted by such assistance).

21 (4) EXEMPTION.—Nonproject sector assistance funds

22 may be exempt from the requirements of subsection (b)(1)

23 only through the notification procedures of the Commit24 tees on Appropriations.
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1 COMPENSATION FOR UNITED STATES EXECUTIVE

2 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

3 SEC. 533. (a) No funds appropriated by this Act may

4 be made as payment to any international financial institu5 tion while the United States Executive Director to such

6 institution is compensated by the institution at a rate

7 which, together with whatever compensation such Director

8 receives from the United States, is in excess of the rate

9 provided for an individual occupying a position at level IV

10 of the Executive Schedule under section 5315 of title 5,

11 United States Code, or while any alternate United States

12 Director to such institution is compensated by the institu13 tion at a rate in excess of the rate provided for an individ14 ual occupying a position at level V of the Executive Sched15 ule under section 5316 of title 5, United States Code.

16 (b) For purposes of this section, ‘‘international finan17 cial institutions’’ are: the International Bank for Recon18 struction and Development, the Inter-American Develop19 ment Bank, the Asian Development Bank, the Asian De20 velopment Fund, the African Development Bank, the Afri21 can Development Fund, the International Monetary Fund,

22 the North American Development Bank, and the Euro23 pean Bank for Reconstruction and Development.
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1 COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST

2 IRAQ

3 SEC. 534. Ω127æ (a) DENIAL OF ASSISTANCE.—

4 None of the funds appropriated or otherwise made avail5 able pursuant to this Act to carry out the Foreign Assist6 ance Act of 1961 (including title IV of chapter 2 of part

7 I, relating to the Overseas Private Investment Corpora8 tion) or the Arms Export Control Act may be used to pro9 vide assistance to any country that is not in compliance

10 with the United Nations Security Council sanctions

11 against Iraq, Serbia or Montenegro unless the President

12 determines and so certifies to the Congress that—

13 (1) such assistance is in the national interest of

14 the United States;

15 (2) such assistance will directly benefit the

16 needy people in that country; or

17 (3) the assistance to be provided will be human18 itarian assistance for foreign nationals who have fled

19 Iraq and Kuwait.

20 Ω128æ(b) IMPORT SANCTIONS.—If the President con21 siders that the taking of such action would promote the

22 effectiveness of the economic sanctions of the United Na23 tions and the United States imposed with respect to Iraq,

24 Serbia, or Montenegro, as the case may be and is consist25 ent with the national interest, the President may prohibit,
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1 for such a period of time as he considers appropriate, the

2 importation into the United States of any or all products

3 of any foreign country that has not prohibited—

4 (1) the importation of products of Iraq, Serbia,

5 or Montenegro into its customs territory, and

6 (2) the export of its products to Iraq, Serbia,

7 or Montenegro, as the case may be.

8 POW/MIA MILITARY DRAWDOWN

9 SEC. 535. (a) Notwithstanding any other provision

10 of law, the President may direct the drawdown, without

11 reimbursement by the recipient, of defense articles from

12 the stocks of the Department of Defense, defense services

13 of the Department of Defense, and military education and

14 training, of an aggregate value not to exceed $15,000,000

15 in fiscal year 1996, as may be necessary to carry out sub16 section (b).

17 (b) Such defense articles, services and training may

18 be provided to Vietnam, Cambodia and Laos, under sub19 section (a) as the President determines are necessary to

20 support efforts to locate and repatriate members of the

21 United States Armed Forces and civilians employed di22 rectly or indirectly by the United States Government who

23 remain unaccounted for from the Vietnam War, and to

24 ensure the safety of United States Government personnel

25 engaged in such cooperative efforts and to support United

26 States Department of Defense-sponsored humanitarian
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1 projects associated with the POW/MIA efforts. Any air2 craft shall be provided under this section only to Laos and

3 only on a lease or loan basis, but may be provided at no

4 cost notwithstanding section 61 of the Arms Export Con5 trol Act and may be maintained with defense articles, serv6 ices and training provided under this section.

7 (c) The President shall, within sixty days of the end

8 of any fiscal year in which the authority of subsection (a)

9 is exercised, submit a report to the Congress which identi10 fies the articles, services, and training drawn down under

11 this section.

12 Ω129æ(d) There are authorized to be appropriated to

13 the President such sums as may be necessary to reimburse

14 the applicable appropriation, fund, or account for defense

15 articles, defense services, and military education and train16 ing provided under this section.

17 MEDITERRANEAN EXCESS DEFENSE ARTICLES

18 SEC. 536. During fiscal year 1996, the provisions of

19 section 573(e) of the Foreign Operations, Export Financ20 ing, and Related Programs Appropriations Act, 1990,

21 shall be applicable, for the period specified therein, to ex22 cess defense articles made available under sections 516

23 and 519 of the Foreign Assistance Act of 1961.

24 Ω130æPRIORITY DELIVERY OF EQUIPMENT

25 SEC. 536A. Notwithstanding any other provision of

26 law, the delivery of excess defense articles that are to be
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1 transferred on a grant basis under section 516 of the For2 eign Assistance Act to NATO allies and to major non-NATO

3 allies on the southern and southeastern flank of NATO shall

4 be given priority to the maximum extent feasible over the

5 delivery of such excess defense articles to other countries.

6 CASH FLOW FINANCING

7 SEC. 537. For each country that has been approved

8 for cash flow financing (as defined in section 25(d) of the

9 Arms Export Control Act, as added by section 112(b) of

10 Public Law 99–83) under the Foreign Military Financing

11 Program, any Letter of Offer and Acceptance or other

12 purchase agreement, or any amendment thereto, for a pro13 curement in excess of $100,000,000 that is to be financed

14 in whole or in part with funds made available under this

15 Act shall be submitted through the regular notification

16 procedures to the Committees on Appropriations.

17 AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER18 ICAN FOUNDATION AND THE AFRICAN DEVELOP19 MENT FOUNDATION

20 SEC. 538. Unless expressly provided to the contrary,

21 provisions of this or any other Act, including provisions

22 contained in prior Acts authorizing or making appropria23 tions for foreign operations, export financing, and related

24 programs, shall not be construed to prohibit activities au25 thorized by or conducted under the Peace Corps Act, the

26 Inter-American Foundation Act, or the African Develop-
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1 ment Foundation Act. The appropriate agency shall

2 promptly report to the Committees on Appropriations

3 whenever it is conducting activities or is proposing to con4 duct activities in a country for which assistance is prohib5 ited.

6 IMPACT ON JOBS IN THE UNITED STATES

7 SEC. 539. None of the funds appropriated by this Act

8 may be obligated or expended to provide—

9 (a) any financial incentive to a business enter10 prise currently located in the United States for the

11 purpose of inducing such an enterprise to relocate

12 outside the United States if such incentive or in13 ducement is likely to reduce the number of employ14 ees of such business enterprise in the United States

15 because United States production is being replaced

16 by such enterprise outside the United States;

17 (b) assistance for the purpose of establishing or

18 developing in a foreign country any export process19 ing zone or designated area in which the tax, tariff,

20 labor, environment, and safety laws of that country

21 do not apply, in part or in whole, to activities car22 ried out within that zone or area, unless the Presi23 dent determines and certifies that such assistance is

24 not likely to cause a loss of jobs within the United

25 States; or
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1 (c) assistance for any project or activity that

2 contributes to the violation of internationally recog3 nized workers rights, as defined in section 502(a)(4)

4 of the Trade Act of 1974, of workers in the recipient

5 country, including any designated zone or area in

6 that country: Provided, That in recognition that the

7 application of this subsection should be commensu8 rate with the level of development of the recipient

9 country and sector, the provisions of this subsection

10 shall not preclude assistance for the informal sector

11 in such country, micro and small-scale enterprise,

12 and smallholder agriculture.

13 AUTHORITY TO ASSIST BOSNIA-HERCEGOVINA

14 SEC. 540. (a) Congress finds as follows:

15 (1) The United Nations has imposed an embar16 go on the transfer of arms to any country on the

17 territory of the former Yugoslavia.

18 (2) The federated states of Serbia and

19 Montenegro have a large supply of military equip20 ment and ammunition and the Serbian forces fight21 ing the government of Bosnia-Hercegovina have

22 more than one thousand battle tanks, armored vehi23 cles, and artillery pieces.

24 (3) Because the United Nations arms embargo

25 is serving to sustain the military advantage of the

26 aggressor, the United Nations should exempt the
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1 government of Bosnia-Hercegovina from its

2 embargo.

3 (b) Pursuant to a lifting of the United Nations arms

4 embargo, or to a unilateral lifting of the arms embargo

5 by the President of the United States, against Bosnia6 Hercegovina, the President is authorized to transfer, sub7 ject to prior notification of the Committees on Appropria8 tions, to the government of that nation, without reim9 bursement, defense articles from the stocks of the Depart10 ment of Defense and defense services of the Department

11 of Defense of an aggregate value not to exceed

12 Ω131æ$50,000,000 $100,000,000 in fiscal year 1996: Pro13 vided, That the President certifies in a timely fashion to

14 the Congress that the transfer of such articles would assist

15 that nation in self-defense and thereby promote the secu16 rity and stability of the region.

17 (c) Within 60 days of any transfer under the author18 ity provided in subsection (b), and every 60 days there19 after, the President shall report in writing to the Speaker

20 of the House of Representatives and the President pro

21 tempore of the Senate concerning the articles transferred

22 and the disposition thereof.

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

24 President such sums as may be necessary to reimburse
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1 the applicable appropriation, fund, or account for defense

2 articles provided under this section.

3 RESTRICTIONS ON THE TERMINATION OF SANCTIONS

4 AGAINST SERBIA AND MONTENEGRO

5 SEC. 540A. (a) RESTRICTIONS.—Notwithstanding

6 any other provision of law, no sanction, prohibition, or re7 quirement described in section 1511 of the National De8 fense Authorization Act for Fiscal Year 1994 (Public Law

9 103–160), with respect to Serbia or Montenegro, may

10 cease to be effective, unless—

11 (1) the President first submits to the Congress

12 a certification described in subsection (b); and

13 (2) the requirements of section 1511 of that

14 Act are met.

15 (b) CERTIFICATION.—A certification described in this

16 subsection is a certification that—

17 (1) there is substantial progress toward—

18 (A) the realization of a separate identity

19 for Kosova and the right of the people of

20 Kosova to govern themselves; or

21 (B) the creation of an international protec22 torate for Kosova;

23 (2) there is substantial improvement in the

24 human rights situation in Kosova;

25 (3) international human rights observers are al26 lowed to return to Kosova; and
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1 (4) the elected government of Kosova is per2 mitted to meet and carry out its legitimate mandate

3 as elected representatives of the people of Kosova.

4 Ω132æ(c) EXPANDED AUTHORITY.—Section 660(b) of

5 the Foreign Assistance Act of 1961 is amended—

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

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

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

9 (3) adding the following new paragraphs:

10 ‘‘(5) with respect to assistance, including train11 ing, relating to sanctions monitoring and enforce12 ment;

13 ‘‘(6) with respect to assistance provided to recon14 stitute civilian police authority and capability in the

15 post-conflict restoration of host nation infrastructure

16 for the purposes of supporting a nation emerging

17 from instability, and the provision of professional

18 public safety training, to include training in inter19 nationally recognized standards of human rights, the

20 rule of law, anti-corruption, and the promotion of ci21 vilian police roles that support democracy.’’.

22 SPECIAL AUTHORITIES

23 SEC. 541. (a) Funds appropriated in title II of this

24 Act that are made available for Ω133æHaiti, Afghanistan,

25 Lebanon, and Cambodia, and for victims of war,
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1 Ω134ædisplaced children, displaced Burmese, humani2 tarian assistance for Romania, and humanitarian assist3 ance for the peoples of Bosnia-Hercegovina, Croatia, and

4 Kosova, may be made available notwithstanding any other

5 provision of law: Provided, That any such funds that are

6 made available for Cambodia shall be subject to the provi7 sions of section 531(e) of the Foreign Assistance Act of

8 1961 and section 906 of the International Security and

9 Development Cooperation Act of 1985: Provided further,

10 That the President shall terminate assistance to any coun11 try or organization that he determines is cooperating,

12 Ω135ætactically or strategically, with the Khmer Rouge in

13 their military operations tactically or strategically, with

14 the Khmer Rouge in their military operations, or which is

15 cooperating commercially with the Khmer Rouge.

16 (b) Funds appropriated by this Act to carry out the

17 provisions of sections 103 through 106 of the Foreign As18 sistance Act of 1961 may be used, notwithstanding any

19 other provision of law, for the purpose of supporting tropi20 cal forestry and energy programs aimed at reducing emis21 sions of greenhouse gases, and for the purpose of support22 ing biodiversity conservation activities: Provided, That

23 such assistance shall be subject to sections 116, 502B, and

24 620A of the Foreign Assistance Act of 1961.
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1 (c) During fiscal year 1996, the President may use

2 up to $40,000,000 under the authority of section 451 of

3 the Foreign Assistance Act of 1961, notwithstanding the

4 funding ceiling contained in subsection (a) of that section.

5 (d) The Agency for International Development may

6 employ personal services contractors, notwithstanding any

7 other provision of law, for the purpose of administering

8 programs for the West Bank and Gaza.

9 POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT

10 OF ISRAEL

11 SEC. 542. It is the sense of the Congress that—

12 (1) the Arab League countries should imme13 diately and publicly renounce the primary boycott of

14 Israel and the secondary and tertiary boycott of

15 American firms that have commercial ties with Is16 rael; and

17 (2) the President should—

18 (A) take more concrete steps to encourage

19 vigorously Arab League countries to renounce

20 publicly the primary boycotts of Israel and the

21 secondary and tertiary boycotts of American

22 firms that have commercial relations with Israel

23 as a confidence-building measure;

24 (B) take into consideration the participa25 tion of any recipient country in the primary

26 boycott of Israel and the secondary and tertiary
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1 boycotts of American firms that have commer2 cial relations with Israel when determining

3 whether to sell weapons to said country;

4 (C) report to Congress on the specific

5 steps being taken by the President to bring

6 about a public renunciation of the Arab primary

7 boycott of Israel and the secondary and tertiary

8 boycotts of American firms that have commer9 cial relations with Israel; and

10 (D) encourage the allies and trading part11 ners of the United States to enact laws prohib12 iting businesses from complying with the boy13 cott and penalizing businesses that do comply.

14 ANTI-NARCOTICS ACTIVITIES

15 SEC. 543. (a) Of the funds appropriated Ω136æor

16 otherwise made available by this Act for ‘‘Economic Sup17 port Fund’’, under the heading ‘‘Economic Assistance’’, as18 sistance may be provided to strengthen the administration

19 of justice in countries in Latin America and the Caribbean

20 in accordance with the provisions of section 534 of the

21 Foreign Assistance Act of 1961, except that programs to

22 enhance protection of participants in judicial cases may

23 be conducted notwithstanding section 660 of that Act.

24 (b) Funds made available pursuant to this section

25 may be made available notwithstanding the third sentence

26 of section 534(e) of the Foreign Assistance Act of 1961.
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1 Funds made available pursuant to subsection (a) for Bo2 livia, Colombia and Peru may be made available notwith3 standing section 534(c) and the second sentence of section

4 534(e) of the Foreign Assistance Act of 1961.

5 ELIGIBILITY FOR ASSISTANCE

6 SEC. 544. (a) ASSISTANCE THROUGH NONGOVERN7 MENTAL ORGANIZATIONS.—Restrictions contained in this

8 or any other Act with respect to assistance for a country

9 shall not be construed to restrict assistance in support of

10 programs of nongovernmental organizations from funds

11 appropriated by this Act to carry out the provisions of

12 chapters 1 and 10 of part I of the Foreign Assistance Act

13 of 1961: Provided, That the President shall take into con14 sideration, in any case in which a restriction on assistance

15 would be applicable but for this subsection, whether assist16 ance in support of programs of nongovernmental organiza17 tions is in the national interest of the United States: Pro18 vided further, That before using the authority of this sub19 section to furnish assistance in support of programs of

20 nongovernmental organizations, the President shall notify

21 the Committees on Appropriations under the regular noti22 fication procedures of those committees, including a de23 scription of the program to be assisted, the assistance to

24 be provided, and the reasons for furnishing such assist25 ance: Provided further, That nothing in this subsection

26 shall be construed to alter any existing statutory prohibi-
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1 tions against abortion or involuntary sterilizations con2 tained in this or any other Act.

3 (b) PUBLIC LAW 480.—During fiscal year 1996, re4 strictions contained in this or any other Act with respect

5 to assistance for a country shall not be construed to re6 strict assistance under Ω137ætitles I and II of the Agricul7 tural Trade Development and Assistance Act of 1954:

8 Provided, That none of the funds appropriated to carry

9 out title I of such Act and made available pursuant to

10 this subsection may be obligated or expended except as

11 provided through the regular notification procedures of the

12 Committees on Appropriations.

13 (c) EXCEPTION.—This section shall not apply—

14 (1) with respect to section 620A of the Foreign

15 Assistance Act or any comparable provision of law

16 prohibiting assistance to countries that support

17 international terrorism; or

18 (2) with respect to section 116 of the Foreign

19 Assistance Act of 1961 or any comparable provision

20 of law prohibiting assistance to countries that violate

21 internationally recognized human rights.

22 Ω138æEARMARKS

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

24 are earmarked may be reprogrammed for other programs

25 within the same account notwithstanding the earmark if
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1 compliance with the earmark is made impossible by oper2 ation of any provision of this or any other Act or, with

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

4 agreement providing the United States with base rights or

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

6 the recipient for which funds are earmarked has signifi7 cantly reduced its military or economic cooperation with

8 the United States since enactment of the Foreign Oper9 ations, Export Financing, and Related Programs Appro10 priations Act, 1991; however, before exercising the authority

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

12 country which has significantly reduced its military or eco13 nomic cooperation with the United States, the President

14 shall consult with, and shall provide a written policy jus15 tification to the Committees on Appropriations: Provided,

16 That any such reprogramming shall be subject to the regu17 lar notification procedures of the Committees on Appropria18 tions: Provided further, That assistance that is repro19 grammed pursuant to this subsection shall be made avail20 able under the same terms and conditions as originally pro21 vided.

22 (b) In addition to the authority contained in sub23 section (a), the original period of availability of funds ap24 propriated by this Act and administered by the Agency for

25 International Development that are earmarked for particu-
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1 lar programs or activities by this or any other Act shall

2 be extended for an additional fiscal year if the Adminis3 trator of such agency determines and reports promptly to

4 the Committees on Appropriations that the termination of

5 assistance to a country or a significant change in cir6 cumstances makes it unlikely that such earmarked funds

7 can be obligated during the original period of availability:

8 Provided, That such earmarked funds that are continued

9 available for an additional fiscal year shall be obligated

10 only for the purpose of such earmark.

11 CEILINGS Ω139æAND EARMARKS

12 SEC. 545. Ceilings and earmarks contained in this

13 Act shall not be applicable to funds or authorities appro14 priated or otherwise made available by any subsequent Act

15 unless such Act specifically so directs.

16 EXCESS DEFENSE ARTICLES

17 SEC. 546. (a) The authority of section 519 of the

18 Foreign Assistance Act of 1961, as amended, may be used

19 in fiscal year 1996 to provide nonlethal excess defense ar20 ticles to countries for which United States foreign assist21 ance has been requested and for which receipt of such arti22 cles was separately justified for the fiscal year, without

23 regard to the restrictions in subsection (a) of section 519.

24 (b) The authority of section 516 of the Foreign As25 sistance Act of 1961, as amended, may be used in fiscal

26 year 1996 to provide defense articles to JordanΩ140æ,–
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1 except that the provision of such defense articles shall be

2 subject to section 534 of this Act.

3 Ω141æ(c) The President may transfer to Estonia such

4 excess defense articles as the President determines necessary

5 to help modernize the defense capabilities of Estonia, subject

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

7 519 of the Foreign Assistance Act of 1961 (22 U.S.C.

8 2321m).

9 PROHIBITION ON PUBLICITY OR PROPAGANDA

10 SEC. 547. No part of any appropriation contained in

11 this Act shall be used for publicity or propaganda purposes

12 within the United States not authorized before the date

13 of enactment of this Act by the CongressΩ142æ:–Provided,

14 That none of the funds appropriated by this Act may be

15 made available to carry out the provisions of section 316

16 of Public Law 96–533.

17 USE OF AMERICAN RESOURCES

18 SEC. 548. To the maximum extent possible, assist19 ance provided under this Act should make full use of

20 American resources, including commodities, products, and

21 services.

22 PROHIBITION OF PAYMENTS TO UNITED NATIONS

23 MEMBERS

24 SEC. 549. None of the funds appropriated or made

25 available pursuant to this Act for carrying out the Foreign

26 Assistance Act of 1961, may be used to pay in whole or
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1 in part any assessments, arrearages, or dues of any mem2 ber of the United Nations.

3 CONSULTING SERVICES

4 SEC. 550. The expenditure of any appropriation

5 under this Act for any consulting service through procure6 ment contract, pursuant to section 3109 of title 5, United

7 States Code, shall be limited to those contracts where such

8 expenditures are a matter of public record and available

9 for public inspection, except where otherwise provided

10 under existing law, or under existing Executive order pur11 suant to existing law.

12 PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

13 SEC. 551. None of the funds appropriated or made

14 available pursuant to this Act shall be available to a pri15 vate voluntary organization which fails to provide upon

16 timely request any document, file, or record necessary to

17 the auditing requirements of the Agency for International

18 Development.

19 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN20 MENTS THAT EXPORT LETHAL MILITARY EQUIP21 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

22 TERRORISM

23 SEC. 552. (a) None of the funds appropriated or oth24 erwise made available by this Act may be available to any

25 foreign government which provides lethal military equip26 ment to a country the government of which the Secretary
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1 of State has determined is a terrorist government for pur2 poses of section 40(d) of the Arms Export Control Act.

3 The prohibition under this section with respect to a for4 eign government shall terminate 12 months after that gov5 ernment ceases to provide such military equipment. This

6 section applies with respect to lethal military equipment

7 provided under a contract entered into after the date of

8 enactment of this Act.

9 (b) Assistance restricted by subsection (a) or any

10 other similar provision of law, may be furnished if the

11 President determines that furnishing such assistance is

12 important to the national interests of the United States.

13 (c) Whenever the waiver of subsection (b) is exer14 cised, the President shall submit to the appropriate con15 gressional committees a report with respect to the furnish16 ing of such assistance. Any such report shall include a de17 tailed explanation of the assistance to be provided, includ18 ing the estimated dollar amount of such assistance, and

19 an explanation of how the assistance furthers United

20 States national interests.

21 WITHHOLDING OF ASSISTANCE FOR PARKING FINES

22 OWED BY FOREIGN COUNTRIES

23 SEC. 553. (a) IN GENERAL.—Of the funds made

24 available for a foreign country under part I of the Foreign

25 Assistance Act of 1961, an amount equivalent to 110 per26 cent of the total unpaid fully adjudicated parking fines
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1 and penalties owed to the District of Columbia by such

2 country as of the date of enactment of this Act shall be

3 withheld from obligation for such country until the Sec4 retary of State certifies and reports in writing to the ap5 propriate congressional committees that such fines and

6 penalties are fully paid to the government of the District

7 of Columbia.

8 (b) DEFINITION.—For purposes of this section, the

9 term ‘‘appropriate congressional committees’’ means the

10 Committee on Foreign Relations and the Committee on

11 Appropriations of the Senate and the Committee on Inter12 national Relations and the Committee on Appropriations

13 of the House of Representatives.

14 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

15 WEST BANK AND GAZA

16 SEC. 554. None of the funds appropriated by this Act

17 may be obligated for assistance for the Palestine Libera18 tion Organization for the West Bank and Gaza unless the

19 President has exercised the authority under section 583(a)

20 of the Middle East Peace Facilitation Act of 1994 (part

21 E of title V of Public Law 103–236) or any other legisla22 tion to suspend or make inapplicable section 307 of the

23 Foreign Assistance Act of 1961 and that suspension is

24 still in effect: Provided, That if the President fails to make

25 the certification under section 583(b)(2) of the Middle

26 East Peace Facilitation Act or to suspend the prohibition
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1 under other legislation, funds appropriated by this Act

2 may not be obligated for assistance for the Palestine Lib3 eration Organization for the West Bank and Gaza.

4 EXPORT FINANCING TRANSFER AUTHORITIES

5 SEC. 555. Not to exceed 5 percent of any appropria6 tion other than for administrative expenses made available

7 for fiscal year 1996 for programs under title Ω143æI IV

8 of this Act may be transferred between such appropria9 tions for use for any of the purposes, programs and activi10 ties for which the funds in such receiving account may

11 be used, but no such appropriation, except as otherwise

12 specifically provided, shall be increased by more than 25

13 percent by any such transfer: Provided, That the exercise

14 of such authority shall be subject to the regular notifica15 tion procedures of the Committees on Appropriations.

16 WAR CRIMES TRIBUNALS

17 SEC. 556. If the President determines that doing so

18 will contribute to a just resolution of charges regarding

19 genocide or other violations of international humanitarian

20 law, the authority of section 552(c) of the Foreign Assist21 ance Act of 1961, as amended, may be used to provide

22 up to $25,000,000 of commodities and services to the

23 United Nations War Crimes Tribunal established with re24 gard to the former Yugoslavia by the United Nations Se25 curity Council or such other tribunals or commissions as

26 the Council may establish to deal with such violations,
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1 without regard to the ceiling limitation contained in para2 graph (2) thereof: Provided, That the determination re3 quired under this section shall be in lieu of any determina4 tions otherwise required under section 552(c): Provided

5 further, That 60 days after the date of enactment of this

6 Act, and every 180 days thereafter, the Secretary of State

7 shall submit a report to the Committees on Appropriations

8 describing the steps the United States Government is tak9 ing to collect information regarding allegations of genocide

10 or other violations of international law in the former Yugo11 slavia and to furnish that information to the United Na12 tions War Crimes Tribunal for the former Yugoslavia.

13 NONLETHAL EXCESS DEFENSE ARTICLES

14 SEC. 557. Notwithstanding section 519(f) of the For15 eign Assistance Act of 1961, during fiscal year 1996,

16 funds available to the Department of Defense may be ex17 pended for crating, packing, handling and transportation

18 of nonlethal excess defense articles transferred under the

19 authority of section 519 to countries eligible to participate

20 in the Partnership for Peace and to receive assistance

21 under Public Law 101–179.

22 LANDMINES

23 SEC. 558. Notwithstanding any other provision of

24 law, demining equipment available to any department or

25 agency and used in support of the clearing of landmines

26 for humanitarian purposes may be disposed of on a grant
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1 basis in foreign countries, subject to such terms and condi2 tions as the President may prescribeΩ144æ: Provided, That

3 section 1365(c) of the National Defense Authorization Act

4 for Fiscal Year 1993 (Public Law 102–484; 22 U.S.C., 2778

5 note) is amended by striking out ‘‘During the four-year pe6 riod beginning on October 23, 1992’’ and inserting in lieu

7 thereof ‘‘During the five-year period beginning on October

8 23, 1993’’.

9 Ω145æREPORT ON THE SALARIES AND BENEFITS OF THE

10 IMF AND THE WORLD BANK

11 SEC. 559. The Comptroller General shall submit a

12 report to the Committees on Appropriations not later than

13 November 1, 1995, on the following—

14 (1) a review of the existing salaries and benefits

15 of employees of the International Monetary Fund

16 and the International Bank for Reconstruction and

17 Development; and

18 (2) a review of all benefits paid to dependents

19 of Fund and Bank employees.

20 Such report shall include a comparison of the salaries and

21 benefits paid to employees and dependents of the Fund

22 and the Bank with salaries and benefits paid to employees

23 holding comparable positions in the public and private sec24 tors in member countries and in the international sector.
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1 RESTRICTIONS CONCERNING THE PALESTINIAN

2 AUTHORITY

3 SEC. 560. None of the funds appropriated by this Act

4 may be obligated or expended to create in any part of Je5 rusalem a new office of any department or agency of the

6 United States Government for the purpose of conducting

7 official United States Government business with the Pal8 estinian Authority over Gaza and Jericho or any successor

9 Palestinian governing entity provided for in the Israel10 PLO Declaration of Principles: Provided, That this

11 Ω146æsubsection restriction shall not apply to the acquisi12 tion of additional space for the existing Consulate General

13 in Jerusalem: Provided further, That meetings between of14 ficers and employees of the United States and officials of

15 the Palestinian Authority, or any successor Palestinian

16 governing entity provided for in the Israel-PLO Declara17 tion of Principles, for the purpose of conducting official

18 United States Government business with such authority

19 should continue to take place in locations other than Jeru20 salem. As has been true in the past, officers and employees

21 of the United States Government may continue to meet

22 in Jerusalem on other subjects with Palestinians (includ23 ing those who now occupy positions in the Palestinian Au24 thority), have social contacts, and have incidental discus25 sions.
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1 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

2 SEC. 561. None of the funds appropriated or other3 wise made available by this Act under the heading

4 ‘‘INTERNATIONAL MILITARY EDUCATION AND TRAINING’’

5 or ‘‘FOREIGN MILITARY FINANCING PROGRAM’’ for Infor6 mational Program activities may be obligated or expended

7 to pay for—

8 (1) alcoholic beverages;

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

10 installation) not provided in conjunction with Infor11 mational Program trips where students do not stay

12 at a military installation; or

13 (3) entertainment expenses for activities that

14 are substantially of a recreational character, includ15 ing entrance fees at sporting events and amusement

16 parks.

17 Ω147æLIMITATION ON ASSISTANCE TO COUNTRIES THAT

18 RESTRICT THE TRANSPORT OR DELIVERY OF UNIT19 ED STATES HUMANITARIAN ASSISTANCE

20 SEC. 562. (a) IN GENERAL.—None of the funds

21 made available in this Act may be used for assistance in

22 support of any country when it is made known to the

23 President that the government of such country prohibits

24 or otherwise restricts, directly or indirectly, the transport

25 or delivery of United States humanitarian assistance.
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1 (b) EXCEPTION.—Subsection (a) shall not apply to

2 assistance in support of any country when it is made

3 known to the President that the assistance is in the na4 tional security interest of the United States.

5 Ω148æNON-OVERTIME DIFFERENTIAL PAY

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

7 by inserting the following:

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

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

10 who is a criminal investigator for the Agency for

11 International Development, Office of Inspector Gen12 eral’’.

13 Ω149æREFERENCES TO AUTHORIZATION ACTS

14 SEC. 563. The funds appropriated under the heading,

15 ‘‘Child Survival and Disease Programs Fund’’ are pro16 vided pursuant to the Foreign Assistance Act, as amend17 ed: under sections 103 through 106 (Development Assist18 ance Fund), in the amount of $214,000,000; under part

19 I, chapter 10 (Development Fund for Africa), in the

20 amount of $131,000,000; under the provisions of section

21 498(6) (Assistance for the New Independent States of the

22 Former Soviet Union), in the amount of $15,000,000;

23 under the provisions of part I, chapter 1, section 104(c)

24 of the Foreign Assistance Act and the Support for East

25 European Democracy (SEED) Act of 1989, in the amount
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1 of $1,000,000; under provisions of chapter 4, part II (Eco2 nomic Support Fund), in the amount of $23,000,000;

3 under the provisions of section 301, in the amount of

4 $100,000,000 as a contribution on a grant basis to the

5 United Nation’s Children’s Fund (UNICEF): Provided,

6 That funds derived from funds authorized under chapter

7 4, part II, shall be made available for projects meeting

8 criteria set forth in part I section 104(c): Provided further,

9 That funds appropriated under the heading ‘‘Child Sur10 vival and Disease Programs Fund’’ shall be in addition

11 to amounts otherwise available for such purposes.

12 Ω150æPROHIBITION ON FUNDING FOR ABORTION

13 SEC. 564. (a) IN GENERAL.—

14 (1) Notwithstanding any other provision of this

15 Act or other law, none of the funds appropriated by

16 this Act for population assistance activities may be

17 made available for any private, nongovernmental, or

18 multilateral organization until the organization cer19 tifies that it does not now, and will not during the

20 period for which the funds are made available, di21 rectly or through a subcontractor or sub-grantee,

22 perform abortions in any foreign country, except

23 where the life of the mother would be endangered if

24 the fetus were carried to term or in cases of forcible

25 rape or incest.
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1 (2) Paragraph (1) may not be construed to

2 apply to the treatment of injuries or illnesses caused

3 by legal or illegal abortions or to assistance provided

4 directly to the government of a country.

5 (b) LOBBYING ACTIVITIES.—

6 (1) Notwithstanding any other provision of this

7 Act or other law, none of the funds appropriated by

8 this Act for population assistance activities may be

9 made available for any private, nongovernmental, or

10 multilateral organization until the organization cer11 tifies that it does not now, and will not during the

12 period for which the funds are made available, vio13 late the laws of any foreign country concerning the

14 circumstances under which abortion is permitted,

15 regulated, or prohibited, or engage in any activity or

16 effort to alter the laws or governmental policies of

17 any foreign country concerning the circumstances

18 under which abortion is permitted, regulated, or pro19 hibited.

20 (2) Paragraph (1) shall not apply to activities

21 in opposition to coercive abortion or involuntary

22 sterilization.

23 (c) COERCIVE POPULATION CONTROL METHODS.—

24 Notwithstanding any other provision of this Act or other

25 law, none of the funds appropriated by this Act may be
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1 made available for the United Nations Population Fund

2 (UNFPA), unless the President certifies to the appro3 priate congressional committees that (1) the United Na4 tions Population Fund has terminated all activities in the

5 People’s Republic of China; or (2) during the 12 months

6 preceding such certification, there have been no abortions

7 as the result of coercion associated with the family plan8 ning policies of the national government or other govern9 mental entities within the People’s Republic of China. As

10 used in this section the term ‘‘coercion’’ includes physical

11 duress or abuse, destruction or confiscation of property,

12 loss of means of livelihood, or severe psychological pres13 sure.

14 WITHHOLDING OF ASSISTANCE TO COUNTRIES

15 SUPPORTING NUCLEAR PLANT IN CUBA

16 SEC. 565. Ω151æ(a) WITHHOLDING.—The President

17 shall withhold from assistance made available with funds

18 appropriated or made available pursuant to this Act an

19 amount equal to the sum of assistance and credits, if any,

20 provided on or after the date of the enactment of this Act

21 by that country, or any entity in that country, in support

22 of the completion of the Cuban nuclear facility at Juragua,

23 near Cienfuegos, Cuba.

24 Ω152æ(b) EXCEPTIONS.—The requirement of sub25 section (a) to withhold assistance shall not apply with re26 spect to—
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1 (1) assistance to meet urgent humanitarian

2 needs, including disaster and refugee relief;

3 (2) democratic political reform and rule of law

4 activities;

5 (3) the creation of private sector and nongovern6 mental organizations that are independent of govern7 ment control;

8 (4) the development of a free market economic

9 system; and

10 (5) assistance for the purposes described in the

11 Cooperative Threat Reduction Act of 1993 (title XII

12 of Public Law 103–160).

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

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

15 Act of 1961, credits, sales and guarantees of extensions of

16 credit under the Arms Export Control Act, assistance under

17 titles I and III of the Agricultural Trade Development and

18 Assistance Act of 1954, assistance under the FREEDOM

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

20 or credits provided by the United States to other countries

21 under other provisions of law, except that the term ‘‘assist22 ance’’ does not include humanitarian assistance, including

23 disaster relief assistance.
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1 Ω153æLIMITATION ON FUNDS FOR HAITI

2 SEC. 566. Effective March 1, 1996, none of the funds

3 appropriated in this Act may be made available to the

4 Government of Haiti when it is made known to the Presi5 dent that such Government is controlled by a regime hold6 ing power through means other than the democratic elec7 tions scheduled for calendar year 1995 and held in sub8 stantial compliance with the requirements of the 1987

9 Constitution of Haiti.

10 Ω154æPURCHASE OF AMERICAN-MADE EQUIPMENT AND

11 PRODUCTS

12 SEC. 567. SENSE OF CONGRESS.—It is the sense of

13 the Congress that, to the greatest extent practicable, all

14 equipment and products purchased with funds made avail15 able in this Act should be American-made.

16 (b) NOTICE REQUIREMENT.—In providing financial

17 assistance to, or entering into any contract with, any en18 tity using funds made available in this Act, the head of

19 each Federal agency, to the greatest extent practicable,

20 shall provide to such entity a notice describing the state21 ment made in subsection (a) by the Congress.

22 Ω155æLIMITATION ON ASSISTANCE TO TURKEY

23 SEC. 568. Not more than $21,000,000 of the funds

24 appropriated in this Act under the heading ‘‘ECONOMIC
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1 SUPPORT FUND’’ may be made available to the Govern2 ment of Turkey.

3 Ω156æLIMITATION OF FUNDS FOR NORTH AMERICAN

4 DEVELOPMENT BANK

5 SEC. 569. No funds appropriated in this Act, under

6 the heading ‘‘North American Development Bank’’ may

7 be obligated or expended unless it is made known to the

8 Federal entity or official to which funds are appropriated

9 under this Act that the Government of Mexico has contrib10 uted a share of the paid-in portion of the capital stock

11 for fiscal year 1996 equivalent to that appropriated by the

12 United States.

13 Ω157æLIMITATION ON FUNDS FOR BURMA

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

15 Act may be used for International Narcotics Control or

16 Crop Substitution Assistance for the Government of

17 Burma.

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

19 Act may be used for international narcotics control assist20 ance under chapter 8 of part I of the Foreign Assistance

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

22 Government of Burma unless the Secretary of State certifies

23 to the appropriate congressional committees that any such

24 programs are fully consistent with United States human

25 rights concerns in Burma and serve a vital United States
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1 national interest. The President shall include in the annual

2 International Narcotics Control Strategy Report submitted

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

4 1961 a description of the programs funded under this sec5 tion.

6 Ω158æASIAN 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 Ω159æSPECIAL DEBT RELIEF FOR THE POOREST

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

23 President may reduce amounts owed to the United States

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

25 as a result of—
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1 (1) guarantees issued under sections 221 and 222

2 of the Foreign Assistance Act of 1961; or

3 (2) credits extended or guarantees issued under

4 the Arms Export Control Act.

5 (b) LIMITATIONS.—

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

7 may be exercised only to implement multilateral offi8 cial debt relief and referendum agreements, commonly

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

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

11 may be exercised only in such amounts or to such ex12 tent as is provided in advance by appropriations

13 Acts.

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

15 may be exercised only with respect to countries with

16 heavy debt burdens that are eligible to borrow from

17 the International Development Association, but not

18 from the International Bank for Reconstruction and

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

20 countries.

21 (c) CONDITIONS.—The authority provided by sub22 section (a) may be exercised only with respect to a country

23 whose government—

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

25 expenditures;
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1 (2) has not repeatedly provided support for acts

2 of international terrorism;

3 (3) is not failing to cooperate on international

4 narcotics control matters;

5 (4) (including its military or other security

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

7 violations of internationally recognized human rights;

8 and

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

10 application of section 527 of the Foreign Relations

11 Authorization Act, fiscal years 1994 and 1995.

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

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

14 appropriated by this Act under the heading ‘‘Debt Restruc15 turing’’.

16 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc17 tion of debt pursuant to subsection (a) shall not be consid18 ered assistance for purposes of any provision of law limit19 ing assistance to a country. The authority provided by sub20 section (a) may be exercised notwithstanding section 620(r)

21 of the Foreign Assistance Act of 1961.

22 Ω160æLIMITATION ON FUNDS FOR RUSSIA

23 SEC. 571. Of the funds appropriated in this Act

24 under the heading ‘‘Assistance for the New Independent
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1 States of the Former Soviet Union’’, not more than

2 $195,000,000 may be made available for Russia.

3 Ω161æLIMITATION ON ASSISTANCE TO MEXICO

4 SEC. 572. IN GENERAL.—None of the funds appro5 priated or otherwise made available by this Act may be

6 obligated or expended for the Government of Mexico, ex7 cept if it is made known to the Federal entity or official

8 to which funds are appropriated under this Act that—

9 (1) the Government of Mexico is taking actions

10 to reduce the amount of illegal drugs entering the

11 United States from Mexico, as determined by the

12 Director of the Office of National Drug Control Pol13 icy; and

14 (2) the Government of Mexico—

15 (A) is taking effective actions to apply vig16 orously all law enforcement resources to inves17 tigate, track, capture, incarcerate, and pros18 ecute illegal drug kingpins and their accom19 plices, individuals responsible for, or otherwise

20 involved in, corruption, and individuals involved

21 in money-laundering; and

22 (B) is pursuing international anti-drug

23 trafficking initiatives.
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1 Ω162æHUMAN RIGHTS PROGRESS IN ETHIOPIA

2 SEC. 573. The Department of State should closely

3 monitor and take into account human rights progress in

4 Ethiopia as it obligates fiscal year 1996 funds for Ethiopia

5 appropriated in this Act.

6 Ω163æBASIC EDUCATION FOR CHILDREN

7 Sec. 574. Not more than $108,000,000 under the

8 Agency for International Development Children and Dis9 ease Programs Fund may be used for basic education for

10 children.

11 Ω164æKOREAN PENINSULA ENERGY DEVELOPMENT

12 ORGANIZATION

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

14 Act to the Korean Peninsula Energy Development Organi15 zation (KEDO) unless the President determines and cer16 tifies in writing to the Committees on Appropriations

17 that—

18 (a) in accordance with Section 1 of the Agreed

19 Framework, KEDO has designated a Republic of

20 Korea company, corporation or entity for the purpose

21 of negotiating a prime contract to carry out construc22 tion of the light water reactors provided for in the

23 Agreed Framework; and
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1 (b) the DPRK is maintaining the freeze on its

2 nuclear facilities as required in the Agreed Frame3 work; and

4 (c) the United States is taking steps to assure

5 that progress is made on (1) the North South dia6 logue, including efforts to reduce barriers to trade and

7 investment, such as removing restrictions on travel,

8 telecommunications services and financial trans9 actions; and (2) implementation of the January 1,

10 1992 Joint Declaration on the Denuclearization of the

11 Korean Peninsula;

12 (d) a report on the specific efforts with regard to

13 subsection (c) shall be submitted by the President to

14 the Committees on Appropriations six months after

15 the date of enactment, and every six months there16 after.

17 Ω165æDRAWDOWN AUTHORITY FOR JORDAN

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

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

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

21 from the stocks of the Department of Defense, defense serv22 ices of the Department of Defense, and military education

23 and training of up to an aggregate of $100,000,000: Pro24 vided, That—
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1 (a) within six months of the last drawdown

2 under subsection (a), the President shall submit a re3 port to the Committee on Appropriations identifying

4 the articles, services, training or education provided;

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

6 of 1961 shall apply to the drawdown authority in this

7 section; and

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

9 of 1961 shall not apply with respect to drawdowns

10 under this section.

11 Ω166æSEC. 577. FEDERAL PROHIBITION OF FE12 MALE GENITAL MUTILATION.

13 (a) TITLE 18 AMENDMENT.—

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

15 States Code, is amended by adding at the end the fol16 lowing new section:

17 ‘‘§ 116. Female genital mutilation

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

19 knowingly circumcises, excises, or infibulates the whole or

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

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

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

23 5 years, or both.

24 ‘‘(b) A surgical operation is not a violation of this sec25 tion if the operation is—
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1 ‘‘(1) necessary to the health of the person on

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

3 licensed in the place of its performance as a medical

4 practitioner; or

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

6 just given birth and is performed for medical pur7 poses connected with that labor or birth by a person

8 licensed in the place it is performed as a medical

9 practitioner, midwife, or person in training to become

10 such a practitioner or midwife.

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

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

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

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

15 custom or ritual.

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

17 care or services or otherwise discriminates against any per18 son in the provision of medical care or services, because—

19 ‘‘(1) that person has undergone female circumci20 sion, excision, or infibulation; or

21 ‘‘(2) that person has requested that female cir22 cumcision, excision, or infibulation be performed on

23 any person;

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

25 one year, or both.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 7 of title 18, United

3 States Code, is amended by adding at the end the fol4 lowing new item:

‘‘116. Female genital mutilation.’’.

5 (b) INFORMATION AND EDUCATION REGARDING FE6 MALE GENITAL MUTILATION.—

7 (1) IN GENERAL.—The Secretary of Health and

8 Human Services shall carry out the following activi9 ties:

10 (A) Compile data on the number of females

11 living in the United States who have been sub12 jected to female genital mutilation (whether in

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

14 including a specification of the number of girls

15 under the age of 18 who have been subjected to

16 such mutilation.

17 (B) Identify communities in the United

18 States that practice female genital mutilation,

19 and design and carry out outreach activities to

20 educate individuals in the communities on the

21 physical and psychological health effects of such

22 practice. Such outreach activities shall be de23 signed and implemented in collaboration with

24 representatives of the ethnic groups practicing

25 such mutilation and with representatives of or-
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1 ganizations with expertise in preventing such

2 practice.

3 (C) Develop recommendations for the edu4 cation of students of schools of medicine and os5 teopathic medicine regarding female genital mu6 tilation and complications arising from such

7 mutilation. Such recommendations shall be dis8 seminated to such schools.

9 (2) DEFINITION.—For purposes of this sub10 section, the term ‘‘female genital mutilation’’ means

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

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

13 major.

14 (c) EFFECTIVE DATES.—

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

16 and the Secretary of Health and Human Services

17 shall commence carrying it out not later than 90 days

18 after the date of the enactment of this Act.

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

20 the date of the enactment of this Act.

21 Ω167æLIBERIA

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

23 (1) the war in Liberia begun in 1989 has dev24 astated that country, with more than 150,000 people

25 killed, 800,000 people forced to flee to other countries,
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1 and thousands of children conscripted into the rebel

2 armies;

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

4 19, 1995, the Liberia factions signed a peace agree5 ment in Abuja, Nigeria; and

6 (3) the Liberian faction leaders and regional

7 powers appear to be committed to the most recent

8 peace accord, including the installation of the new

9 ruling council.

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

11 should strongly support the peace process in Liberia, in12 cluding diplomatic engagement, support for the west Africa

13 peacekeeping force, humanitarian assistance, and assist14 ance for demobilizing troops and for the resettlement of refu15 gees.

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

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

18 Ω168æSEC. 579. INDEX OF ECONOMIC FREEDOM.

19 (a) REPORTING REQUIREMENT.—The President shall

20 include in the congressional presentation materials on

21 United States bilateral economic assistance submitted to the

22 appropriate congressional committees for a fiscal year a re23 port providing a concise overview of the prospects for eco24 nomic growth on a broad, equitable, and sustainable basis

25 in the countries receiving economic assistance under title
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1 II of this Act. For each country, the report shall discuss

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

3 contribute to or detract from the achievement of this kind

4 of growth. The report should address relevant macro5 economic, microeconomic, social, legal, environmental, and

6 political factors and include economic freedom criteria re7 garding policies wage and price controls, State ownership

8 of production and distribution, State control of financial

9 institutions, trade and foreign investment, capital and

10 profit repatriation, tax and private property protections.

11 (b) COUNTRIES.—The countries referred to in sub12 section (a) are countries—

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

14 been obligated during the previous fiscal year for as15 sistance under sections 103 through 106, chapters 10

16 and 11 of part I, and chapter 4 of part II of the For17 eign Assistance Act of 1961, and under the Support

18 for Eastern Democracy Act of 1989; or

19 (2) for which in excess of $1,000,000 has been ob20 ligated during the previous fiscal year for assistance

21 administered by the Overseas Private Investment Cor22 poration.

23 (c) CONSULTATION.—The Secretary of State shall sub24 mit the report required by subsection (a) in consultation

25 with the Secretary of the Treasury, the Administrator of
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1 the Agency for International Development, and the Presi2 dent of the Overseas Private Investment Corporation.

3 Ω169æSEC. 580. To the maximum extent possible, the

4 funds provided by this Act shall be used to provide survey5 ing and mapping related services through contracts entered

6 into through competitive bidding to qualified United States

7 contractors.

8 Ω170æSEC. 581. ENERGY SAVINGS AT FEDERAL

9 FACILITIES.

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

11 head of each agency for which funds are made available

12 under this Act shall take all actions necessary to achieve

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

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

15 by the agency.

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

17 amount of cost savings realized by an agency under sub18 section (a) shall remain available for obligation through the

19 end of fiscal year 1997, without further authorization or

20 appropriation, as follows:

21 (1) CONSERVATION MEASURES.—Fifty percent of

22 the amount shall remain available for the implemen23 tation of additional energy conservation measures

24 and for water conservation measures at such facilities
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1 used by the agency as are designated by the head of

2 the agency.

3 (2) OTHER PURPOSES.—Fifty percent of the

4 amount shall remain available for use by the agency

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

6 agency, consistent with applicable law.

7 (c) REPORT.—

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

9 1996, the head of each agency described in subsection

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

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

12 providing any recommendations concerning how to

13 further reduce energy costs and energy consumption

14 in the future.

15 (2) CONTENTS.—Each report shall—

16 (A) specify the total energy costs of the fa17 cilities used by the agency;

18 (B) identify the reductions achieved; and

19 (C) specify the actions that resulted in the

20 reductions.

21 Ω171æSEC. 582. REPORTS REGARDING HONG KONG.

22 (a) EXTENSION OF REPORTING REQUIREMENT.—Sec23 tion 301 of the United States-Hong Kong Policy Act of 1992

24 (22 U.S.C. 5731) is amended in the text above paragraph

25 (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 Ω172æSEC. 583. HONDURAS.

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

3 findings:

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

5 squad known as Battalion 316 was created. During

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

7 systematically kidnapping, torturing and murdering

8 suspected subversives. Victims included Honduran

9 students, teachers, labor leaders and journalists. In

10 1993 there were reportedly 184 unsolved cases of per11 sons who were allegedly ‘‘disappeared’’. They are pre12 sumed dead.

13 (2) At the time, Administration officials were

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

15 1983 human rights report the State Department stat16 ed that ‘‘There are no political prisoners in Hon17 duras’’.

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

19 sense of the Congress that the President should order the

20 expedited declassification of any documents in the posses21 sion of the United States Government pertaining to persons

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

23 make such documents available to Honduran authorities

24 who are seeking to determine the fate of these individuals.
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1 Ω173æSEC. 584. REPORT ON RUSSIAN MILITARY

2 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 Ω174æLIMITATION ON ASSISTANCE TO COUNTRIES THAT

16 RESTRICT THE TRANSPORT OR DELIVERY OF UNITED

17 STATES HUMANITARIAN ASSISTANCE

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

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

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

21 that the government of such country prohibits or otherwise

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

23 United States humanitarian assistance.

24 (b) EXCEPTION.—Subsection (a) shall not apply to as25 sistance in support of any country when it is made known
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1 to the President that the assistance is in the national secu2 rity interest of the United States.

3 Ω175æSEC. 586. Notwithstanding any other provision

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

5 this Act for or through the Agency for International Devel6 opment shall be transferred to, and merged with, the appro7 priations account entitled ‘‘INTERNATIONAL NARCOTICS

8 CONTROL’’ and shall be available for the same purposes for

9 which funds in such account are available.

10 Ω176æSEC. 587. GUATEMALA.

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

12 findings:

13 (1) The Government of Guatemala, under Presi14 dent De Leon Carpio, has made significant progress

15 towards negotiating an end to Guatemala’s civil con16 flict which has resulted in numerous human rights

17 violations, claimed tens of thousands of lives and im18 peded economic development in that country;

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

20 improve human rights, including his support for the

21 United Nations mission for the verification of human

22 rights and of compliance with the commitments of the

23 comprehensive agreement of human rights in Guate24 mala (Minugua) and his recent decision to abolish the

25 military commissioners, but his efforts to bring
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1 human rights violators to justice have been impeded

2 by certain members of the Guatemalan armed forces;

3 (3) Despite numerous appeals by the families of

4 victims of human rights abuses, human rights organi5 zations and Members of the United States Congress,

6 there has been minimal progress towards resolving

7 specific human rights cases including cases involving

8 American citizens or their relatives;

9 (4) President De Leon Carpio deserves the sup10 port of the United States in his efforts to resolve Gua11 temala’s conflict peacefully, to support Democratic

12 elections, and to improve respect for human rights.

13 (b) LIMITATIONS.—Notwithstanding any other provi14 sions of law—

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

16 shall be made available to the Guatemalan Armed

17 Forces or the URNG;

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

19 be licensed or approved for Guatemala for the Armed

20 Forces or URNG; and

21 (3) No visas shall be granted for any member of

22 the Guatemalan Armed Forces or the URNG sus23 pected of participating in or ordering any violation

24 of human rights or of seeking to coverup or otherwise

25 thwart the investigation of such acts.
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1 (c) CERTIFICATION.—The limitations contained in

2 subsection (b) shall cease to apply when the President cer3 tifies to the Committee on Appropriations and the Commit4 tee on Foreign Relations that—

5 (1) The Guatemalan Armed Forces and the

6 URNG are fully cooperating with efforts—

7 (A) By the family of United States citizen

8 Michael Devine who was murdered in 1990 to

9 bring to justice those responsible for the murder

10 or coverup of the murder;

11 (B) The October 1994 murders of Roderico

12 Baudilio De Leon and Flavio Matias Marroquin

13 (C) By Jennifer Harbury to exhume the

14 body of her husband, Efrain Bamaca Velasquez;

15 and

16 (D) By human rights organizations and the

17 Guatemalan Attorney General to investigate and

18 bring to justice those involved in the prominent

19 human rights cases committed by both sides to

20 the conflict, including those cases enumerated in

21 the April 7, 1995 letter to President Clinton by

22 twelve Members of the United States Senate.

23 (2) The Guatemalan Government and Armed

24 Forces are complying with the recommendations in

25 Minugua’s first and second reports, particularly those
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1 related to the investigation and prosecution of human

2 rights cases.

3 (3) The United States Representative to the

4 United Nations Human Rights Commission has con5 sulted with Representatives of other member States to

6 determine whether respect for human rights would be

7 enhanced by the appointment of a special United Na8 tions Rapporteur for Guatemala.

9 Ω177æSEC. 588. (a) The Senate finds the following:

10 (1) Since March 1995 the Peruvian Government

11 has engaged in an aggressive air interdiction pro12 gram to prevent narcotics traffickers from violating

13 Peruvian airspace for the purpose of transporting il14 legal narcotics to Colombia.

15 (2) As a result of the Peruvian interdiction pro16 gram, the number of illicit flights detected in recent

17 months has dropped to its lowest level in over three

18 years and the price of transporting narcotics out of

19 Peru has risen by as much as 500 percent.

20 (3) The inability of the traffickers to move co21 caine base out of Peru has produced a glut of coca

22 leaf and cocaine base in Peru with a resulting 50 per23 cent decline in the price.

24 (4) The Peruvian Government’s ability to sus25 tain the success of its interdiction program is depend-
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1 ent on the maintenance and upkeep of a very limited

2 number of aircraft.

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

4 situation and the conflict earlier this year between

5 Peru and Ecuador, the United States suspended mili6 tary transfers to Peru.

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

8 reaches the United States comes from coca grown in

9 Peru and the disruption of the air corridor between

10 Peru and Colombia is important to United States

11 counter narcotics efforts.

12 (7) The situations which led to the cutoff of mili13 tary equipment for the air interdiction effort have

14 been satisfactorily resolved or have progressed to a

15 point where the cutoff of this military equipment is

16 no longer in the interest of the United States.

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

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

19 other military equipment to the Government of Peru in sup20 port of Peruvian Air Force efforts to monitor, intercept and

21 interdict aircraft and other forms of transportation engaged

22 in illegal narcotics trafficking activities.

23 Ω178æSEC. 589. Of the funds appropriated for Turkey

24 under the heading ‘‘Economic Assistance’’, not less than

25 $5,000,000 shall be made available only through non-gov-
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1 ernmental organizations to be used only for projects in the

2 ten southeastern provinces currently under a state of emer3 gency, and shall be used only for projects designed to pro4 mote economic development, cultural and ethnic tolerance,

5 and human rights activities, and to support the develop6 ment and activities of non-governmental organizations.

7 Ω179æSEC. 590. HONG KONG ELECTIONS.

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

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

10 Kong is guaranteed by the 1984 Sino-British Joint

11 Declaration on the Question of Hong Kong.

12 (2) The United States-Hong Kong Policy Act de13 clared the Congress’s support for full implementation

14 of the 1984 Sino-British Joint Declaration;

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

16 the Joint Declaration that Hong Kong would be

17 ‘‘vested legislative, executive and independent judicial

18 power’’ and would have ‘‘a legislature constituted by

19 elections’’.

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

21 of Hong Kong voters ever demonstrated their commit22 ment to democracy by freely expressing their right to

23 vote in the Legislative Council elections.

24 (5) The voters of Hong Kong have overwhelm25 ingly expressed their desire for the establishment of a
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1 fully democratic government by electing 60 Legisla2 tive Councillors for four-year terms.

3 (b) SENSE OF CONGRESS.—It is the sense of the Con4 gress that—

5 (1) the people of Hong Kong are to be congratu6 lated for exercising their right to vote on September

7 17, 1995;

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

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

10 fully democratic government;

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

12 China should enter into a dialogue with the democrat13 ically elected representatives of the Hong Kong people;

14 and

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

16 China should respect the mandate of the elected mem17 bers by withdrawing its pledge to abolish the Legisla18 tive Council in violation of the Joint Declaration’s

19 provisions on Hong Kong’s legislature and autonomy

20 in all but defense and foreign affairs.

21 Ω180æSEC. 591. SENSE OF THE SENATE ON THAI22 LAND.

23 (a) FINDINGS.—The Senate makes the following find24 ings—
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1 (1) the Royal Thai Government has had a policy

2 of not supporting or cooperating with the Khmer

3 Rouge; and

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

5 displaced from neighboring countries, including

6 Burma, placing a significant burden on Thailand’s

7 economy.

8 (b) SENSE OF THE SENATE.—It is the sense of the Sen9 ate that the President should—

10 (1) affirm to the Royal Thai Government the

11 support of the United States for that Government’s

12 policy not to support or cooperate with the Khmer

13 Rouge and encourage the Royal Thai Government to

14 prosecute vigorously its efforts to prevent cooperation

15 between individual members of the Royal Thai Armed

16 Forces and the Khmer Rouge; and

17 (2) take appropriate steps to assist the Royal

18 Thai Government in providing and facilitating relief

19 to displaced persons from Burma and other neighbor20 ing countries and to encourage that Government to

21 fully cooperate in such relief efforts.

22 Ω181æSEC. 592. EXTENSION OF TIED AID CREDIT

23 PROGRAM.—(a) Section 10(c)(2) of the Export-Import

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

25 striking ‘‘1995’’ and inserting ‘‘1997’’.
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1 (b) Section 10(e) of the Export-Import Bank Act of

2 1945 (12 U.S.C. 635i–3(e)) is amended by striking ‘‘1993,

3 1994, and 1995’’ and inserting ‘‘1996 and 1997’’.

4 SEC. 593. AUTHORITY TO CONDUCT A DEMONSTRA5 TION PROJECT.—Notwithstanding section 4701(a)(1)(A) of

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

7 United States may conduct a demonstration project in ac8 cordance with section 4703 of such title 5.

9 Ω182æCONVENTIONAL WEAPONS REVIEW

10 SEC. 594. (a) FINDINGS.—The Congress makes the fol11 lowing findings:

12 (1) On September 26, 1994, the President de13 clared that it is a goal of the United States to eventu14 ally eliminate antipersonnel landmines.

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

16 General Assembly adopted a resolution sponsored by

17 the United States which called for international ef18 forts to eliminate antipersonnel landmines.

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

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

21 unexploded landmines in 62 countries.

22 (4) Antipersonnel landmines are routinely used

23 against civilian populations and kill and maim an

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

25 year.
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1 (5) The Secretary of State has noted that land2 mines are ‘‘slow-motion weapons of mass destruc3 tion’’.

4 (6) There are hundreds of varieties of anti5 personnel landmines, from a simple type available at

6 a cost of only two dollars to the more complex self7 destructing type, and all landmines of whatever vari8 ety kill and maim civilians, as well as combatants,

9 indiscriminately.

10 (b) CONVENTIONAL WEAPONS CONVENTION REVIEW.—

11 It is the sense of Congress that, at the United Nations con12 ference to review the 1980 Conventional Weapons Conven13 tion, including Protocol II on landmines, that is to be held

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

15 should actively support proposals to modify Protocol II that

16 would implement as rapidly as possible the United States

17 goal of eventually eliminating antipersonnel landmines.

18 (c) MORATORIUM ON USE OF ANTIPERSONNEL LAND19 MINES.—(1) UNITED STATES MORATORIUM.—(A) For a pe20 riod of one year beginning three years after the date of the

21 enactment of this Act, the United States shall not use anti22 personnel landmines except along internationally recog23 nized national borders or in demilitarized zones within a

24 perimeter marked area that is monitored by military per-
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1 sonnel and protected by adequate means to ensure the exclu2 sion of civilians.

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

4 one year period of the United States moratorium under sub5 paragraph (A), that the governments of other nations are

6 implementing moratoria on use of antipersonnel landmines

7 similar to the United States moratorium, the President

8 may extend the period of the United States moratorium for

9 such additional period as the President considers appro10 priate.

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

12 the President should actively encourage the governments of

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

14 landmine crisis by implementing moratoria on use of anti15 personnel landmines similar to the United States morato16 rium as a step toward the elimination of antipersonnel

17 landmines.

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

19 sense of Congress that, consistent with the United States

20 moratorium on exports of antipersonnel landmines and in

21 order to further discourage the global proliferation of anti22 personnel landmines, the United States Government should

23 not sell, license for export, or otherwise transfer defense arti24 cles and services to any foreign government which, as deter-
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1 mined by the President, sells, exports, or otherwise transfers

2 antipersonnel landmines.

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

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

5 ‘‘antipersonnel landmine’’ means any munition

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

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

8 means, or dropped from an aircraft and which is de9 signed, constructed, or adapted to be detonated or ex10 ploded by the presence, proximity, or contact of a per11 son.

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

13 include command detonated Claymore munitions.

14 (2) 1980 CONVENTIONAL WEAPONS CONVEN15 TION.—The term ‘‘1980 Conventional Weapons Con16 vention’’ means the Convention on Prohibitions or

17 Restrictions on the Use of Certain Conventional

18 Weapons Which May Be Deemed To Be Excessively

19 Injurious or To Have Indiscriminate Effects, together

20 with the protocols relating thereto, done at Geneva on

21 October 10, 1980.

22 Ω183æSEC. 595. EXTENSION OF AU PAIR PRO23 GRAMS.
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1 Section 8 of the Eisenhower Exchange Fellowship Act

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

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

4 Ω184æSEC. 596. Funds appropriated by this Act may

5 be obligated and expended notwithstanding section 10 of

6 Public Law 91–672 and section 15 of the State Department

7 Basic Authorities Act of 1956: Provided, That this section

8 shall not apply with respect to any accounts for which a

9 general authorization of appropriations for fiscal year 1996

10 is enacted in law on or before April 1, 1996.

11 Ω185æSEC. 597. CROATIAN-AMERICAN ENTER12 PRISE FUND.

13 (a) DESIGNATION OF FUND.—The President shall des14 ignate a private, nonprofit organization as eligible to re15 ceive funds and support pursuant to this section with re16 spect to Croatia in the same manner and with the same

17 limitations as set forth in section 201(d) of the Support

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

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

20 Enterprise Fund’’.

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

22 specifically provided in this section, the provisions con23 tained in section 201 of the Support for East European

24 Democracy (SEED) Act of 1989 (excluding the authoriza25 tions of appropriations provided in subsection (b) of that
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1 section) shall apply to the Croatian-American Enterprise

2 Fund. The officers, members, or employees of the Croatian3 American Enterprise Fund shall enjoy the same status

4 under law that is applicable to officers, members, or em5 ployees of the Enterprise Funds for Poland and Hungary

6 under the Support for East European Democracy (SEED)

7 Act of 1989.

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

9 are authorized to be appropriated to the President for pur10 poses of this section, in addition to funds otherwise avail11 able for such purposes, $12,000,000 for fiscal year 1996 to

12 fund the Croatian-American Enterprise Fund established

13 under subsection (a).

14 (2) Funds appropriated under this subsection are au15 thorized to remain available until expended.

16 (d) APPROPRIATIONS.—Of the funds appropriated or

17 otherwise made available by this Act under the heading en18 titled ‘‘ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

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

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

21 Ω186æSEC. 598. SANCTIONS AGAINST COUN22 TRIES HARBORING WAR CRIMINALS.

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

24 provided in any fiscal year under the Foreign Assistance
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1 Act of 1961 or the Arms Export Control Act for any country

2 described in subsection (c).

3 (b) MULTILATERAL ASSISTANCE.—The Secretary of

4 the Treasury shall instruct the United States executive di5 rectors of the international financial institutions each fiscal

6 year to work in opposition to, and vote against, any exten7 sion by such institutions of financing or financial or tech8 nical assistance to any country described in subsection (c).

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

10 this subsection is a country the government of which per11 mits entry into or presence in the territory of such country

12 to any person—

13 (1) who has been indicted by the International

14 Criminal Tribunal for the former Yugoslavia, the

15 International Criminal Tribunal for Rwanda, or any

16 other international tribunal with similar standing

17 under international law, or

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

19 crimes against humanity committed during the pe20 riod beginning March 23, 1933 and ending on May

21 8, 1945 under the direction of, or in association

22 with—

23 (A) the Nazi government of Germany;
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1 (B) any government in any area occupied

2 by the military forces of the Nazi government of

3 Germany;

4 (C) any government which was established

5 with the assistance or cooperation of the Nazi

6 government of Germany; or

7 (D) any government which was an ally of

8 the Nazi government of Germany.

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

10 (1) the term ‘‘international financial institu11 tions’’ includes the International Bank for Recon12 struction and Development, the International Devel13 opment Association, the International Monetary

14 Fund, the European Bank for Reconstruction and De15 velopment, the International Finance Corporation,

16 the Multilateral Investment Guarantee Agency, the

17 Inter-American Development Bank, the Inter-Amer18 ican Investment Corporation, the African Develop19 ment Bank, the African Development Fund, and the

20 Asian Development Bank; and

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

22 which is—

23 (A) a grave breach of any of the four Gene24 va Conventions for the Protection of War Victims

25 of August 12, 1949;
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1 (B) a violation of the Hague Convention

2 (IV) Respecting the Laws and Customs of War

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

4 annexed thereto;

5 (C) a violation of the Convention on the

6 Prevention and Punishment of the Crime of

7 Genocide of December 9, 1948; or

8 (D) a violation of the Charter of the Inter9 national Military Tribunal of August 8, 1945.

10 Ω187æSEC. 599. RUSSIAN COMPLIANCE WITH THE

11 CFE TREATY AND PRIORITIES FOR MODIFYING EXISTING

12 ARMS CONTROL TREATIES.—It is the sense of the Senate

13 that—

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

15 obligation under the Treaty of the Conventional Armed

16 Forces in Europe shall constitute non-compliance with the

17 Treaty;

18 (b) the United States should insist on full compliance

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

20 Treaty on Conventional Armed Forces in Europe;

21 (c) the Treaty on Conventional Armed Forces in Eu22 rope provides adequate means by which the Russian Fed23 eration can meet its claimed military requirements for trea24 ty-limited equipment in the flank zone defined by Article

25 V of the Treaty, including movement of equipment within
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1 the flank zone, temporary deployment of additional equip2 ment to the flank zone, and the temporary removal of equip3 ment from designated permanent storage sites located in the

4 flank zone.

5 Ω188æTITLE VI—MIDDLE EAST PEACE

6 FACILITATION ACT OF 1995

7 SHORT TITLE

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

9 Peace Facilitation Act of 1995’’.

10 FINDINGS

11 SEC. 602. The Congress finds that—

12 (1) the Palestine Liberation Organization (here13 after the ‘‘P.L.O.’’) has recognized the State of Israel’s

14 right to exist in peace and security; accepted United

15 Nations Security Council Resolutions 242 and 338;

16 committed itself to the peace process and peaceful co17 existence with Israel, free from violence and all other

18 acts which endanger peace and stability; and assumed

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

20 in order to assure their compliance, prevent viola21 tions, and discipline violators;

22 (2) Israel has recognized the P.L.O. as the rep23 resentative of the Palestinian people;

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

25 Principles on Interim Self-Government Arrangements
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1 (hereafter the ‘‘Declaration of Principles’’) on Sep2 tember 13, 1993 at the White House;

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

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

5 ‘‘Gaza-Jericho Agreement’’) on May 4, 1994 which es6 tablished a Palestinian Authority for the Gaza and

7 Jericho areas;

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

9 on Preparatory Transfer of Powers and Responsibil10 ities (hereafter the ‘‘Early Empowerment Agreement’’)

11 on August 29, 1994 which provided for the transfer

12 to the Palestinian Authority of certain powers and re13 sponsibilities in the West Bank outside of the Jericho

14 Area;

15 (6) under the terms of the Declaration of Prin16 ciples, the Gaza-Jericho Agreement and the Early

17 Empowerment Agreement, the powers and responsibil18 ities of the Palestinian Authority are to be assumed

19 by an elected Palestinian Council with jurisdiction in

20 the West Bank and Gaza Strip in accordance with

21 the Interim Agreement to be concluded between Israel

22 and the P.L.O.;

23 (7) permanent status negotiations relating to the

24 West Bank and Gaza Strip are scheduled to begin by

25 May 1996;
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1 (8) the Congress has, since the conclusion of the

2 Declaration of Principles and the P.L.O.’s renunci3 ation of terrorism, provided authorities to the Presi4 dent to suspend certain statutory restrictions relating

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

6 that the P.L.O. has continued to abide by commit7 ments made in and in connection with or resulting

8 from the good faith implementation of, the Declara9 tion of Principles;

10 (9) the P.L.O. commitments relevant to Presi11 dential certifications have included commitments to

12 renounce and condemn terrorism, to submit to the

13 Palestinian National Council for formal approval the

14 necessary changes to those articles of the Palestinian

15 Covenant which call for Israel’s destruction, and to

16 prevent acts of terrorism and hostilities against Is17 rael; and

18 (10) the President, in exercising the aforemen19 tioned authorities, has certified to the Congress on

20 four occasions that the P.L.O. was abiding by its rel21 evant commitments.

22 SENSE OF CONGRESS

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

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

25 to fulfill its commitments, it must do far more to dem26 onstrate an irrevocable denunciation of terrorism and en-
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1 sure a peaceful settlement of the Middle East dispute, and

2 in particular it must—

3 (1) submit to the Palestine National Council for

4 formal approval the necessary changes to those arti5 cles of the Palestinian National Covenant which call

6 for Israel’s destruction;

7 (2) make greater efforts to pre-empt acts of ter8 ror, to discipline violators and to contribute to stem9 ming the violence that has resulted in the deaths of

10 123 Israeli citizens since the signing of the Declara11 tion of Principles;

12 (3) prohibit participation in its activities and in

13 the Palestinian Authority and its successors by any

14 groups or individuals which continue to promote and

15 commit acts of terrorism;

16 (4) cease all anti-Israel rhetoric, which poten17 tially undermines the peace process;

18 (5) confiscate all unlicensed weapons and restrict

19 the issuance of licenses to those with legitimate need;

20 (6) transfer and cooperate in transfer proceed21 ings relating to any person accused by Israel to acts

22 of terrorism; and

23 (7) respect civil liberties, human rights and

24 democratic norms.
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1 AUTHORITY TO SUSPEND CERTAIN PROVISIONS

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

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

4 twelve months thereafter, the President may suspend for a

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

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

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

8 as the President may specify.

9 (b) CONDITIONS.—

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

11 the authority provided in subsection (a) or certifi12 cation pursuant to subsection (c), the President shall

13 consult with the relevant congressional committees.

14 The President may not exercise that authority or

15 make such certification until 30 days after a written

16 policy justification is submitted to the relevant con17 gressional committees.

18 (2) PRESIDENTIAL CERTIFICATION.—The Presi19 dent may exercise the authority provided in sub20 section (a) only if the President certifies to the rel21 evant congressional committees each time he exercises

22 such authority that—

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

24 United States to exercise such authority;
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1 (B) the P.L.O. continues to comply with all

2 the commitments described in paragraph (4);

3 and

4 (C) funds provided pursuant to the exercise

5 of this authority and the authorities under sec6 tion 583(a) of Public Law 103–236 and section

7 3(a) of Public Law 103–125 have been used for

8 the purposes for which they were intended.

9 (3) REQUIREMENT FOR CONTINUING P.L.O. COM10 PLIANCE.—

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

12 performance is continuously monitored and if

13 the President at any time determines that the

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

15 commitments described in paragraph (4), he

16 shall so notify the relevant congressional commit17 tees and any suspension under subsection (a) of

18 a provision of law specified in subsection (d)

19 shall cease to be effective.

20 (B) Beginning six months after the date of

21 enactment of this Act, if the President on the

22 basis of the continuous monitoring of the

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

24 is not complying with the requirements described

25 in subsection (c), he shall so notify the relevant
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1 congressional committees and no assistance shall

2 be provided pursuant to the exercise by the Presi3 dent of the authority provided by subsection (a)

4 until such time as the President makes the cer5 tification provided for in subsection (c).

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

7 commitments referred to in paragraphs (2) and

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

9 (A) in its letter of September 9, 1993, to the

10 Prime Minister of Israel; in its letter of Septem11 ber 9, 1993, to the Foreign Minister of Norway

12 to—

13 (i) recognize the right of the State of

14 Israel to exist in peace and security;

15 (ii) accept United Nations Security

16 Council Resolutions 242 and 338;

17 (iii) renounce the use of terrorism and

18 other acts of violence;

19 (iv) assume responsibility over all

20 P.L.O. elements and personnel in order to

21 assure their compliance, prevent violations

22 and discipline violators;

23 (v) call upon the Palestinian people in

24 the West Bank and Gaza Strip to take part

25 in the steps leading to the normalization of
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1 life, rejecting violence and terrorism, and

2 contributing to peace and stability; and

3 (vi) submit to the Palestine National

4 Council for formal approval the necessary

5 changes to the Palestinian National Cov6 enant eliminating calls for Israel’s destruc7 tion, and

8 (B) in, and resulting from, the good faith

9 implementation of the Declaration of Principles,

10 including good faith implementation of subse11 quent agreements with Israel, with particular at12 tention to the objective of preventing terrorism,

13 as reflected in the provisions of the Gaza-Jericho

14 Agreement concerning—

15 (i) prevention of acts of terrorism and

16 legal measures against terrorists;

17 (ii) abstention from and prevention of

18 incitement, including hostile propaganda;

19 (iii) operation of armed forces other

20 than the Palestinian Police;

21 (iv) possession, manufacture, sale, ac22 quisition or importation of weapons;

23 (v) employment of police who have

24 been convicted of serious crimes or have

25 been found to be actively involved in terror-
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1 ist activities subsequent to their employ2 ment;

3 (vi) transfers to Israel of individuals

4 suspected of, charged with, or convicted of

5 an offense that falls within Israeli criminal

6 jurisdiction;

7 (vii) cooperation with the government

8 of Israel in criminal matters, including co9 operation in the conduct of investigations;

10 and

11 (viii) exercise of powers and respon12 sibilities under the agreement with due re13 gard to internationally accepted norms and

14 principles of human rights and the rule of

15 law.

16 (5) POLICY JUSTIFICATION.—As part of the

17 President’s written policy justification to be submit18 ted to the relevant Congressional Committees pursu19 ant to paragraph (1), the President will report on—

20 (A) the manner in which the P.L.O. has

21 complied with the commitments specified in

22 paragraph (4), including responses to individual

23 acts of terrorism and violence, actions to dis24 cipline perpetrators of terror and violence, and

25 actions to preempt acts of terror and violence;
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1 (B) the extent to which the P.L.O. has ful2 filled the requirements specified in subsection (c);

3 (C) actions that the P.L.O. has taken with

4 regard to the Arab League boycott of Israel;

5 (D) the status and activities of the P.L.O.

6 office in the United States; and

7 (E) the status of U.S. and international as8 sistance efforts in the areas subject to jurisdic9 tion of the Palestinian Authority or its succes10 sors.

11 (c) REQUIREMENT FOR CONTINUED PROVISION OF AS12 SISTANCE.—Six months after the enactment of this Act, no

13 assistance shall be provided pursuant to the exercise by the

14 President of the authority provided by subsection (a), unless

15 and until the President determines and so certifies to the

16 Congress that—

17 (1) if the Palestinian Council has been elected

18 and assumed its responsibilities, it has, within a rea19 sonable time, effectively disavowed and thereby nul20 lified the articles of the Palestine National Covenant

21 which call for Israel’s destruction, unless the nec22 essary changes to the Covenant have already been sub23 mitted to the Palestine National Council for formal

24 approval;
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1 (2) the P.L.O. has exercised its authority reso2 lutely to establish the necessary enforcement institu3 tions; including laws, police, and a judicial system,

4 for apprehending, prosecuting, convicting, and im5 prisoning terrorists;

6 (3) the P.L.O. has limited participation in the

7 Palestinian Authority and its successors to individ8 uals and groups that neither engage in nor practice

9 terrorism or violence in the implementation of their

10 political goals;

11 (4) the P.L.O. has not provided any financial or

12 material assistance or training to any group, whether

13 or not affiliated with the P.L.O., to carry out actions

14 inconsistent with the Declaration of Principles, par15 ticularly acts of terrorism against Israel;

16 (5) the P.L.O. has cooperated in good faith with

17 Israeli authorities in the preemption of acts of terror18 ism and in the apprehension and trial of perpetrators

19 of terrorist acts in Israel, territories controlled by Is20 rael and all areas subject to jurisdiction of the Pal21 estinian Authority and its successors;

22 (6) the P.L.O. has exercised its authority reso23 lutely to enact and implement laws requiring the dis24 arming of civilians not specifically licensed to possess

25 or carry weapons;
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1 (7) the P.L.O. has not funded, either partially or

2 wholly, or has ceased funding, either partially or

3 wholly, any office, or other presence of the Palestinian

4 Authority in Jerusalem; and

5 (8) the P.L.O. is cooperating fully with the Gov6 ernment of the United States on the provision of in7 formation on United States nationals known to have

8 been held at any time by the P.L.O. or factions there9 of.

10 (d) PROVISIONS THAT MAY BE SUSPENDED.—The

11 provisions that may be suspended under the authority of

12 subsection (a) are the following:

13 (1) Section 307 of the Foreign Assistance Act of

14 1961 (22 U.S.C. 2227) as it applies with respect to

15 the P.L.O. or entities associated with it.

16 (2) Section 114 of the Department of State Au17 thorization Act, fiscal years 1984 and 1985 (22

18 U.S.C. 287e note) as it applies with respect to the

19 P.L.O. or entities associated with it.

20 (3) Section 1003 of the Foreign Relations Au21 thorization Act, fiscal years 1988 and 1989 (22

22 U.S.C. 5202).

23 (4) Section 37 of the Bretton Woods Agreement

24 Act (22 U.S.C. 286W) as it applies on the granting

25 to the P.L.O. of observer status or other official status
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1 at any meeting sponsored by or associated with the

2 International Monetary Fund. As used in this para3 graph, the term ‘‘other official status’’ does not in4 clude membership in the International Monetary

5 Fund.

6 (e) RELEVANT CONGRESSIONAL COMMITTEES DE7 FINED.—As used in this title, the term ‘‘relevant congres8 sional committees’’ means—

9 (1) the Committee on International Relations,

10 the Committee on Banking and Financial Services,

11 and the Committee on Appropriations of the House of

12 Representatives; and

13 (2) the Committee on Foreign Relations and the

14 Committee on Appropriations of the Senate.

15 Ω189æLIMITATION ON ASSISTANCE FOR HAITI

16 SEC. 605. (a) LIMITATION.—None of the funds appro17 priated or otherwise made available by this Act or any other

18 Act may be furnished to the Government of Haiti until the

19 President determines and reports in writing to the Congress

20 that—

21 (1) the Government of Haiti has conducted or is

22 conducting a thorough and professional investigation

23 into, and prosecution of those responsible for the mur24 der of Mireille Durocher de Bertin on March 28,

25 1995, and other possible cases of political or
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1 extrajudicial killings, including the 20 cases of ‘‘com2 mando-style executions’’ cited by the United Nations/

3 Organization of American States International Civil4 ian Mission in Haiti on September 12, 1995;

5 (2)(A) the police and security forces of Haiti are

6 not assassinating or abducting civilians, are not en7 gaging in other acts of violence directed at civilians,

8 and are controlling such activities by elements subject

9 to the control of those forces; or

10 (B) the Government of Haiti is investigating ef11 fectively the members within its police and security

12 forces engaged in acts of violence against civilians,

13 and has put in place effective policies to deter and

14 punish such activities in the future.

15 (3) the Government of Haiti has actively sought

16 and encouraged a law enforcement service from out17 side Haiti to assist and monitor investigators of the

18 Government of Haiti in their investigation of the

19 murders cited in paragraph (1) above; and

20 (4)(A) the Government of Haiti has cooperated

21 fully and in a timely fashion with United States Fed22 eral Bureau of Investigation efforts to investigate the

23 murder of Mireille Durocher de Bertin, including pro24 viding access to Haitian Government employees in a
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1 manner which facilitates prosecution of those respon2 sible for her murder; or

3 (B) the Government of Haiti has not cooperated

4 fully and in a timely fashion with United States Fed5 eral Bureau of Investigation efforts to investigate the

6 murder of Mireille Durocher de Bertin, including pro7 viding access to Haitian Government employees in a

8 manner which facilitates prosecution of those respon9 sible for her murder, in which case the President shall

10 submit a detailed accounting of the areas of non-co11 operation and his assessment of all the reasons for

12 such non-cooperation by the Government of Haiti.

13 (b) REPORT.—Not later than 60 days after enactment

14 of this section, the President shall report to the appropriate

15 committees of Congress, based on information available to

16 him, on the identity or identities of those responsible for

17 the murder and any subsequent coverup, and on the status

18 of the Government of Haiti’s investigation of—

19 (1) the murder of American citizen Richard

20 Andre Emmanuel on February 13, 1991;

21 (2) the murders of Bastian Desrosiers, Stevenson

22 Desrosiers, Jacques Nelio, Pierre Schiller and Louis

23 Walky on July 26, 1991;

24 (3) the murder of Reverand Sylvio Claude on

25 September 17, 1991;
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1 (4) the murder of Roger Lanfontant on Septem2 ber 29, 1991;

3 (5) the murder of Antoine Izmery on September

4 11, 1993; and

5 (6) the murder of Minister of Justice Guy

6 Malary on October 14, 1993.

7 (c) HUMANITARIAN ASSISTANCE.—Nothing in this sec8 tion shall be construed to restrict the provision of humani9 tarian or electoral assistance to the Haitian people by non10 governmental or private voluntary organizations.

11 (d) WAIVER.—The president may waive the require12 ments of this section if he determines and certifies to the

13 appropriate committees of Congress that it is necessary to

14 facilitate the safe and timely withdrawal of American forces

15 from Haiti.

16 Ω190æLIMITATION ON FUNDS TO THE TERRITORY OF THE

17 BOSNIAC-CROAT FEDERATION

18 SEC. 606. Funds appropriated by this Act for activi19 ties in the internationally-recognized borders of Bosnia and

20 Herzegovina (other than refugee and disaster assistance and

21 assistance for restoration of infrastructure, to include power

22 grids, water supplies and natural gas) may only be made

23 available for activities in the territory of the Bosniac-Croat

24 Federation.
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1 Ω191æPLAN RECOMMENDING A STRATEGIC

2 REORGANIZATION OF THE UNITED NATIONS

3 SEC. 607. (a) SENSE OF CONGRESS REGARDING UNIT4 ED NATIONS REFORM.—It is the sense of Congress that—

5 (1) the 50th anniversary of the United Nations

6 provides an important opportunity for a comprehen7 sive review of the strengths and weaknesses of the

8 United Nations and for the identification and imple9 mentation of changes in the United Nation that

10 would improve its ability to discharge effectively the

11 objectives of the United Nations set forth in the Unit12 ed Nations Charter;

13 (2) the structure of the United Nations system,

14 which has evolved over 50 years, should be subject to

15 a comprehensive review in order to identify the

16 changes to the system that will best serve the interests

17 of the United States and of the international commu18 nity;

19 (3) the United States, as the strongest member

20 state of the United Nations, should lead this com21 prehensive review;

22 (4) reforms that produce a smaller, more focused,

23 more efficient United Nations with clearly defined

24 missions are in the interest of the United States and

25 of the United Nations;
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1 (5) the United States should develop a unified

2 position in support of reforms at the United Nations

3 that are broadly supported by both the legislative

4 branch and the executive branch;

5 (6) the need for reform of the United Nations is

6 urgent; and

7 (7) the failure to develop and implement prompt8 ly a strategic reorganization of the United Nations

9 will result in a continued diminution of the relevance

10 of the United Nations to United States foreign policy

11 and to international politics generally.

12 (b) UNITED NATIONS REORGANIZATION PLAN.—

13 (1) REQUIREMENT FOR PLAN.—The President

14 shall submit to Congress, together with the budget sub15 mitted pursuant to section 1105 of title 31, United

16 States Code, for fiscal year 1997, a plan recommend17 ing a strategic reorganization of the United Nations.

18 (2) REQUIREMENT RELATING TO DEVELOP19 MENT.—The President shall develop the plan in con20 sultation with Congress.

21 (3) PLAN ELEMENTS.—The plan should include

22 the elements described in subsection (c) and such other

23 recommendations as may be necessary to achieve the

24 efficient, cost-effective conduct of the responsibilities of

25 the United Nations.
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1 (c) CONTENTS OF REORGANIZATION PLAN.—It is the

2 sense of the Congress that the reorganization plan required

3 by subsection (b)(1) should—

4 (1) constitute a comprehensive statement of

5 United States policy toward reform of the United Na6 tions;

7 (2) set forth an agenda to implement the reforms

8 set forth in the plan in a timely manner;

9 (3) include specific proposals to achieve—

10 (A) a substantial reduction in the number

11 of agencies within the United Nations system,

12 including proposals to consolidate, abolish, or re13 structure mechanisms for financing agencies of

14 the United Nations that have a low priority;

15 (B) the identification and strengthening of

16 the core agencies of the United Nations system

17 that most directly serve the objectives of the

18 United Nations set forth in the United Nations

19 Charter;

20 (C) the increased cooperation, and the

21 elimination of duplication, among United Na22 tions agencies and programs;

23 (D) the consolidation of the United Nations

24 technical cooperation activities between the Unit25 ed Nations Headquarters and the offices of the
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1 United Nations in Geneva, Switzerland, includ2 ing the merger of the technical cooperation func3 tions of the United Nations Development Pro4 gram (UNDP), the United Nations Population

5 Fund (UNFPA), the United Nations Environ6 mental Program (UNEP), the United Nations

7 Industrial Development Organization (UNIDO),

8 the International Fund for Agricultural Develop9 ment (IFAD), the United Nations Capital Devel10 opment Fund (UNCDF), and the United Nations

11 Development Fund for Women (UNIFEM);

12 (E) the consolidation of the United Nations

13 emergency response mechanism by merging the

14 emergency functions of relevant United Nations

15 agencies, including the United Nations Chil16 dren’s Fund, the World Food Program, and the

17 Office of the United Nations High Commissioner

18 for Refugees;

19 (F) a substantial reduction in, or elimi20 nation of, the cost and number of international

21 conferences sponsored by the United Nations;

22 (G) a significant strengthening of the ad23 ministrative and management capabilities of the

24 Secretary General of the United Nations, includ25 ing a cessation of the practice of reserving top
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1 Secretariat posts for citizens of particular coun2 tries;

3 (H) a significant increase in the openness

4 to the public of the budget decision-making pro5 cedures of the United Nations; and

6 (I) the establishment of a truly independent

7 inspector general at the United Nations; and

8 (4) include proposals to coordinate and imple9 ment proposals for reform of the United Nations such

10 as those proposals set forth in the communique of the

11 21st annual summit of the Heads of State and Gov12 ernment of the seven major industrialized nations and

13 the President of the European Commission at Hali14 fax, Nova Scotia, dated June 15–17, 1995.

15 Ω192æTITLE VII—NATO PARTICI16 PATION ACT AMENDMENTS

17 OF 1995

18 SECTION 701. SHORT TITLE.

19 This title may be cited as the ‘‘NATO Participation

20 Act Amendments of 1995’’.

21 SEC. 702. FINDINGS.

22 The Congress makes the following findings:

23 (1) Since 1949, the North Atlantic Treaty Orga24 nization (NATO) has played an essential role in
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1 guaranteeing the security, freedom, and prosperity of

2 the United States and its partners in the Alliance.

3 (2) NATO has expanded its membership on three

4 different occasions since 1949.

5 (3) The sustained commitment of the member

6 countries of NATO to mutual defense of their security

7 ultimately made possible the democratic trans8 formation in Central and Eastern Europe and the de9 mise of the Soviet Union.

10 (4) NATO was designed to be and remains a de11 fensive military organization whose members have

12 never contemplated the use of, or used, military force

13 to expand the borders of its member states.

14 (5) While the immediate threat to the security of

15 the United States and its allies has been reduced with

16 the collapse of the Iron Curtain, new security threats,

17 such as the situation in Bosnia and Herzegovina, are

18 emerging to the shared interests of the member coun19 tries of NATO.

20 (6) NATO remains the only multilateral security

21 organization capable of conducting effective military

22 operations to protect Western security interests.

23 (7) NATO has played a positive role in defusing

24 tensions between NATO members and, as a result, no
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1 military action has occurred between two NATO

2 member states since the inception of NATO in 1949.

3 (8) NATO is also an important diplomatic

4 forum for the discussion of issues of concern to its

5 member states and for the peaceful resolution of dis6 putes.

7 (9) America’s security, freedom, and prosperity

8 remain linked to the security of the countries of Eu9 rope.

10 (10) Any threat to the security of the newly

11 emerging democracies in Europe would pose a secu12 rity threat to the United States and its European al13 lies.

14 (11) The admission to NATO of European coun15 tries that have been freed from Communist domina16 tion and that meet specific criteria for NATO mem17 bership would contribute to international peace and

18 enhance the security of the region.

19 (12) A number of countries have expressed vary20 ing degrees of interest in NATO membership, and

21 have taken concrete steps to demonstrate this commit22 ment.

23 (13) Full integration of Central and East Euro24 pean countries into the North Atlantic Alliance after

25 such countries meet essential criteria for admission
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1 would enhance the security of the Alliance and, there2 by, contribute to the security of the United States.

3 (14) The expansion of NATO can create the sta4 ble environment needed to successfully complete the

5 political and economic transformation envisioned by

6 European states emerging from Communist domina7 tion.

8 (15) In recognition that not all countries which

9 have requested membership in NATO will necessarily

10 qualify at the same pace, the accession date for each

11 new member will vary.

12 (16) Nothing in this title should be construed as

13 precluding the eventual NATO membership of Euro14 pean countries never under Communist domination,

15 namely, Austria, Finland, and Sweden.

16 (17) The provision of NATO transition assist17 ance should include those countries most ready for

18 closer ties with NATO and should be designed to as19 sist other countries meeting specified criteria of eligi20 bility to move forward toward eventual NATO mem21 bership.

22 (18) The evaluation of future membership in

23 NATO for countries emerging from Communist domi24 nation should be based on the progress of those na25 tions in meeting criteria for NATO transition assist-
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1 ance and evolving NATO criteria, which require en2 hancement of NATO’s security and the approval of all

3 NATO members.

4 SEC. 703. UNITED STATES POLICY.

5 It should be the policy of the United States—

6 (1) to join with the NATO allies of the United

7 States to redefine the role of the NATO Alliance in the

8 post-Cold War world;

9 (2) to actively assist European countries emerg10 ing from Communist domination in their transition

11 so that such countries may eventually qualify for

12 NATO membership; and

13 (3) to work to define the political and security

14 relationship between an enlarged NATO and the Rus15 sian Federation.

16 SEC. 704. REVISIONS TO PROGRAM TO FACILITATE TRANSI17 TION TO NATO MEMBERSHIP.

18 (a) ESTABLISHMENT OF PROGRAM.—Subsection (a) of

19 section 203 of the NATO Participation Act of 1994 (title

20 II of Public Law 103–447; 22 U.S.C. 1928 note) is amended

21 to read as follows:

22 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The President

23 may provide expanded security assistance and other related

24 assistance to countries designated under subsection (d) to

25 facilitate their transition to full NATO membership.’’.
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1 (b) ELIGIBLE COUNTRIES.—

2 (1) ELIGIBILITY.—Subsection (d) of section 203

3 of such Act is amended to read as follows:

4 ‘‘(d) DESIGNATION OF ELIGIBLE COUNTRIES.—

5 ‘‘(1) PRESIDENTIAL REVIEW AND REPORT.—

6 Within 60 days of the enactment of the NATO Par7 ticipation Act Amendments of 1995, the President

8 shall transmit to the Congress an evaluation of Po9 land, Hungary, the Czech Republic, and Slovakia, as

10 well as all other European countries emerging from

11 Communist domination which have expressed an in12 terest in joining NATO, in accordance with the cri13 teria in paragraph (3) and specifically designate one

14 or more of these countries to be eligible to receive as15 sistance under the program established in subsection

16 (a). The President shall provide a report of the coun17 try-by-country evaluation as well as an evaluation of

18 each designated country’s progress toward conform19 ance with criteria for full NATO membership.

20 ‘‘(2) OTHER EUROPEAN COUNTRIES EMERGING

21 FROM COMMUNIST DOMINATION.—In addition to the

22 country or countries designated pursuant to para23 graph (1), the President may designate other Euro24 pean countries emerging from Communist domina25 tion. The President may make such a designation in
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1 the case of any such country only if the President de2 termines, and reports to the designated congressional

3 committees, that such country meets the criteria speci4 fied in paragraph (3).

5 ‘‘(3) CRITERIA.—The criteria referred to in

6 paragraph (2) are, with respect to each country, that

7 the country—

8 ‘‘(A) has made or is making significant

9 progress toward establishing—

10 ‘‘(i) shared values and interests;

11 ‘‘(ii) democratic governments;

12 ‘‘(iii) free market economies;

13 ‘‘(iv) civilian control of the military, of

14 the police, and of intelligence services;

15 ‘‘(v) adherence to the values, prin16 ciples, and political commitments embodied

17 in the Helsinki Final Act of the Organiza18 tion on Security and Cooperation in Eu19 rope; and

20 ‘‘(vi) more transparent defense budgets

21 and is participating in the Partnership For

22 Peace defense planning process;

23 ‘‘(B) has made public commitments—
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1 ‘‘(i) to further the principles of NATO

2 and to contribute to the security of the

3 North Atlantic area;

4 ‘‘(ii) to accept the obligations, respon5 sibilities, and costs of NATO membership;

6 and

7 ‘‘(iii) to implement infrastructure de8 velopment activities that will facilitate par9 ticipation in and support for NATO mili10 tary activities;

11 ‘‘(C) is not ineligible for assistance under

12 section 563 of Public Law 103–306, with respect

13 to transfers of equipment to a country the gov14 ernment of which the Secretary of State has de15 termined is a terrorist government for purposes

16 of section 40(d) of the Arms Export Control Act;

17 and

18 ‘‘(D) could, within five years of the deter19 mination of the President under paragraph (1)

20 or (2), be in a position to further the principles

21 of the North Atlantic Treaty and to contribute to

22 its own security and that of the North Atlantic

23 area.

24 ‘‘(4) PROHIBITION ON FUNDING FOR PARTNER25 SHIP FOR PEACE ACTIVITIES OR ON FUNDING FOR
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1 THE WARSAW INITIATIVE.—Effective 60 days after the

2 date of enactment of the NATO Participation Act

3 Amendments of 1995, no funds authorized to be ap4 propriated under any provision of law may be obli5 gated or expended for activities associated with the

6 Partnership for Peace program or the Warsaw Initia7 tive until the President has designated at least one

8 country to participate in the transition program es9 tablished under subsection (a).’’.

10 (2) CONFORMING AMENDMENTS.—

11 (A) Subsections (b) and (c) of section 203 of

12 such Act are amended by striking ‘‘countries de13 scribed in such subsection’’ each of the two places

14 it appears and inserting ‘‘countries designated

15 under subsection (d)’’.

16 (B) Subsection (e) of section 203 of such Act

17 is amended—

18 (i) by striking ‘‘subsection (d)’’ and in19 serting ‘‘subsection (d)(2)’’; and

20 (ii) by inserting ‘‘(22 U.S.C. 2394)’’

21 before the period at the end.

22 (C) Section 204(c) of such Act is amended

23 by striking ‘‘any other Partnership for Peace

24 country designated under section 203(d)’’ and
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1 inserting ‘‘any country designated under section

2 203(d)(2)’’.

3 (c) TYPES OF ASSISTANCE.—Section 203(c) of such

4 Act is amended—

5 (1) by redesignating paragraphs (1) through (4)

6 as subparagraphs (A) through (D), respectively; and

7 (2) by inserting after subparagraph (D) (as re8 designated) the following new subparagraphs:

9 ‘‘(E) Assistance under chapter 4 of part II of the

10 Foreign Assistance Act of 1961 (relating to the Eco11 nomic Support Fund).

12 ‘‘(F) Funds appropriated under the ‘Non13 proliferation and Disarmament Fund’ account’’.

14 ‘‘(G) Assistance under chapter 6 of part II of the

15 Foreign Assistance Act of 1961 (relating to peacekeep16 ing operations and other programs).’’.

17 ‘‘(H) Authority for the Department of Defense to

18 pay excess defense articles costs for countries des19 ignated for both grant lethal and nonlethal excess de20 fense articles.

21 ‘‘(I) Authority to convert FMF loans to grants,

22 and grants to loans, for eligible countries.

23 (3) by inserting ‘‘(1)’’ immediately after ‘‘TYPE

24 OF ASSISTANCE.—’’; and
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1 (4) by adding at the end the following new para2 graphs:

3 ‘‘(2) For fiscal years 1996 and 1997, in providing as4 sistance under chapter 5 of part II of the Foreign Assistance

5 Act of 1961 for the countries designated under subsection

6 (d), the President shall include as an important component

7 of such assistance the provision of sufficient language train8 ing to enable military personnel to participate further in

9 programs for military training and in defense exchange

10 programs.

11 ‘‘(3) Of the amounts made available under chapter 5

12 of part II of the Foreign Assistance Act of 1961 (relating

13 to international military education and training),

14 $5,000,000 for fiscal year 1996 and $5,000,000 for fiscal

15 year 1997 should support—

16 ‘‘(A) the attendance of additional military per17 sonnel of countries designated under subsection (d)(1)

18 or (d)(2), particularly Poland, Hungary, the Czech

19 Republic, and Slovakia, at professional military edu20 cation institutions in the United States in accordance

21 with section 544 of such Act; and

22 ‘‘(B) the placement and support of United States

23 instructors and experts at military educational cen24 ters within the foreign countries designated under
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1 subsection (d) that are receiving assistance under that

2 chapter.’’.

3 SEC. 705. ASSISTANCE FOR NATO PARTICIPATION ACT DES4 IGNEES.

5 The President is authorized to obligate and expend

6 $60,000,000 from funds made available under the Foreign

7 Assistance Act of 1961 in support of countries designated

8 to receive transition assistance under section 203(a) of the

9 NATO Participation Act, as follows:

10 (1) Poland: $20,000,000.

11 (2) Czech Republic: $10,000,000.

12 (3) Hungary: $5,000,000.

13 (4) Slovakia: $5,000,000.

14 (5) Other European countries designated under

15 subsection (d)(1) or subsection (d)(2): $20,000,000.

16 SEC. 706. TERMINATION OF ELIGIBILITY.

17 Section 203(f) of the NATO Participation Act of 1994

18 (title II of Public Law 103–447; 22 U.S.C. 1928 note) is

19 amended to read as follows:

20 ‘‘(f) TERMINATION OF ELIGIBILITY.—(1) The eligi21 bility of a country designated under subsection (d) for the

22 program established in subsection (a) shall terminate 60

23 days after the President makes a certification under para24 graph (2) unless, within the 60-day period, the Congress
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1 enacts a joint resolution disapproving the termination of

2 eligibility.

3 ‘‘(2) Whenever the President determines that the gov4 ernment of a country designated under subsection (d)—

5 ‘‘(A) no longer meets the criteria set forth in sub6 section (d)(2)(A);

7 ‘‘(B) is hostile to the NATO alliance; or

8 ‘‘(C) poses a national security threat to the

9 United States,

10 then the President shall so certify to the appropriate con11 gressional committees.

12 ‘‘(3) Nothing in this Act shall affect the eligi13 bility of countries to participate under other provi14 sions of law in programs described in this Act.

15 (b) CONGRESSIONAL PRIORITY PROCEDURES.—Sec16 tion 203 of such Act is amended by adding at the end the

17 following new subsection:

18 ‘‘(g) CONGRESSIONAL PRIORITY PROCEDURES.—

19 ‘‘(1) APPLICABLE PROCEDURES.—A joint resolu20 tion described in paragraph (2) which is introduced

21 in a House of Congress after the date on which a cer22 tification made under subsection (f)(2) is received by

23 Congress shall be considered in accordance with the

24 procedures set forth in paragraphs (3) through (7) of

25 section 8066(c) of the Department of Defense Appro-
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1 priations Act, 1985 (as contained in Public Law 98–

2 473 (98 Stat. 1936)), except that—

3 ‘‘(A) references to the ‘resolution described

4 in paragraph (1)’ shall be deemed to be ref5 erences to the joint resolution; and

6 ‘‘(B) references to the Committee on Appro7 priations of the House of Representatives and to

8 the Committee on Appropriations of the Senate

9 shall be deemed to be references to the Committee

10 on International Relations of the House of Rep11 resentatives and the Committee on Foreign Rela12 tions of the Senate.

13 ‘‘(2) TEXT OF JOINT RESOLUTION.—A joint reso14 lution under this paragraph is a joint resolution the

15 matter after the resolving clause of which is as fol16 lows: ‘That the Congress disapproves the certification

17 submitted by the President on llllll pursu18 ant to section 203(f) of the NATO Participation Act

19 of 1994.’.’’.

20 SEC. 707. REPORTS.

21 (a) ANNUAL REPORT.—Section 206 of the NATO Par22 ticipation Act of 1994 (title II of Public Law 103–447; 22

23 U.S.C. 1928 note), as redesignated by section 705(1) of this

24 Act, is amended—
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1 (1) by inserting ‘‘ANNUAL’’ in the section head2 ing before the first word;

3 (2) by inserting ‘‘annual’’ after ‘‘include in the’’

4 in the matter preceding paragraph (1);

5 (3) in paragraph (1), by striking ‘‘Partnership

6 for Peace’’ and inserting ‘‘European’’; and

7 (4) by striking paragraph (2) and inserting in8 stead the following new paragraph:

9 ‘‘(2) In the event that the President determines

10 that, despite a period of transition assistance, a coun11 try designated under section 203(d) has not, as of

12 January 10, 1999, met criteria for NATO member13 ship set forth by the North Atlantic Council, the

14 President shall transmit a report to the designated

15 congressional committees containing an assessment of

16 the progress made by that country in meeting those

17 standards.’’.

18 SEC. 708. DEFINITIONS.

19 The NATO Participation Act of 1994 (title II of Public

20 Law 103–447; 22 U.S.C. 1928 note), as amended by this

21 title, is further amended by adding at the end the following

22 new section:

23 ‘‘SEC. 207. DEFINITIONS.

24 ‘‘For purposes of this title:
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1 ‘‘(1) NATO.—The term ‘NATO’ means the North

2 Atlantic Treaty Organization.

3 ‘‘(2) DESIGNATED CONGRESSIONAL COMMIT4 TEES.—The term ‘designated congressional commit5 tees’ means—

6 ‘‘(A) the Committee on International Rela7 tions, the Committee on National Security, and

8 the Committee on Appropriations of the House of

9 Representatives; and

10 ‘‘(B) the Committee on Foreign Relations,

11 the Committee on Armed Services, and the Com12 mittee on Appropriations of the Senate.

13 ‘‘(3) EUROPEAN COUNTRIES EMERGING FROM

14 COMMUNIST DOMINATION.—The term ‘European coun15 tries emerging from Communist domination’ includes,

16 but is not limited to, Albania, Bulgaria, Czech Re17 public, Estonia, Hungary, Latvia, Lithuania,

18 Moldova, Poland, Romania, Slovakia, Slovenia, and

19 Ukraine.’’.
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1 Ω193æTITLE VIII—TO IMPOSE

2 SANCTIONS AGAINST BURMA,

3 AND COUNTRIES ASSISTING

4 BURMA, UNLESS BURMA OB5 SERVES BASIC HUMAN

6 RIGHTS AND PERMITS POLITI7 CAL FREEDOMS.

8 SEC. 801. SANCTIONS AGAINST BURMA.

9 Except as provided in section 4, the following sanc10 tions shall apply to Burma, effective 90 days after the date

11 of enactment of this Act (or on such other date as is speci12 fied in this section):

13 (1) INVESTMENTS.—No United States national

14 may make any investment in Burma.

15 (2) UNITED STATES ASSISTANCE.—United States

16 assistance for Burma is prohibited.

17 (3) TRADE PRIVILEGES.—The President shall

18 continue the suspension of special trade privileges

19 pursuant to the Generalized System of Preferences

20 (GSP), and shall continue the suspension of non21 discriminatory trade treatment (most-favored-nation

22 status), with respect to Burma.

23 (4) IMPORTATION OF GOODS.—No article which

24 is produced, manufactured, grown, or extracted in

25 Burma may be imported into the United States.
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1 (5) TRADE AND INVESTMENT TREATIES.—The

2 United States should continue to suspend carrying

3 out obligations under bilateral trade and investment

4 treaties with Burma.

5 (6) TRAVEL RESTRICTIONS.—The Secretary of

6 State shall prohibit the use of United States passports

7 for travel to Burma except for travel by United States

8 diplomatic personnel.

9 (7) DIPLOMATIC REPRESENTATION.—The Presi10 dent is urged not to accept diplomatic representation

11 from Burma at a level greater than the level of diplo12 matic representation accorded the United States in

13 Burma.

14 (8) FOREIGN ASSISTANCE.—The United States

15 shall suspend assistance under the Foreign Assistance

16 Act of 1961 and the Arms Export Control Act to any

17 foreign government which sells or otherwise transfers

18 arms to the Government of Burma.

19 (9) INTERNATIONAL ORGANIZATIONS CONTRIBU20 TIONS.—The United States shall withhold from each

21 international organization that funds activities in

22 Burma other than humanitarian activities an

23 amount equal to the United States proportionate

24 share of that funding.
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1 (10) MULTILATERAL ASSISTANCE.—The Sec2 retary of the Treasury shall instruct the United

3 States executive director of each financial institution

4 to vote against any loan or other utilization of the

5 funds of the respective bank to or for Burma.

6 (11) EMINENT PERSONS GROUP.—The President,

7 acting through the United States Permanent Rep8 resentative to the United Nations, should urge the

9 United Nations to establish an eminent persons group

10 to report on compliance by the Government of Burma

11 with United Nations resolutions.

12 (12) INTERNATIONAL ARMS EMBARGO.—The

13 President, acting through the United States Perma14 nent Representative to the United Nations, should

15 urge the establishment by the United Nations of an

16 international arms embargo of Burma.

17 SEC. 802. AGREEMENTS TO IMPOSE SANCTIONS ON BURMA.

18 (a) NEGOTIATIONS WITH TRADING PARTNERS.—

19 (1) IN GENERAL.—Not later than 15 days after

20 the date of the enactment of this Act, the President

21 shall initiate negotiations with all foreign countries

22 with which the United States trades for the purpose

23 of entering into agreements with the countries—

24 (A) to support United States sanctions

25 against Burma, and
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1 (B) to cease trade with and investment in

2 Burma.

3 (2) CERTIFICATION OF NEGOTIATIONS AND

4 AGREEMENTS.—Not later than 90 days after the date

5 of the enactment of this Act, the President shall cer6 tify to the Congress each country that—

7 (A) has failed to enter into an agreement

8 described in paragraph (1), or

9 (B) has entered into such an agreement but

10 is not enforcing it.

11 (3) ACTION BY THE PRESIDENT.—Notwithstand12 ing any other provision of law, if a certification is

13 made with respect to any country under paragraph

14 (2) the President shall withdraw—

15 (A) any designation of such country—

16 (i) as a beneficiary developing country

17 for purposes of title V of the Trade Act of

18 1974 (19 U.S.C. 2461 et seq.),

19 (ii) as a beneficiary country for pur20 poses of the Caribbean Basin Economic Re21 covery Act (19 U.S.C. 2701 et seq.), or

22 (iii) as a beneficiary country for pur23 poses of the Andean Trade Preference Act

24 (19 U.S.C. 3201 et seq.),
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1 (B) from such countries the benefits of any

2 other special tariff treatment program under

3 which the special rates of duty apply under col4 umn 1 of the Harmonized Tariff Schedule of the

5 United States, and

6 (C) most-favored-nation trade treatment

7 with respect to any such country.

8 (b) APPLICABILITY.—

9 (1) IN GENERAL.—The provisions of this section

10 apply to goods entered, or withdrawn from warehouse

11 for consumption, originating in or imported from a

12 country with respect to which an action described in

13 subsection (a)(3) has been taken, during the period be14 ginning on the date that is 15 days after the date of

15 the certification described in subsection (a)(2) and

16 ending on the date that is 15 days after the earlier

17 of—

18 (A) the date the President certifies to the

19 Congress that such country has entered into an

20 agreement described in subsection (a)(1) and is

21 enforcing the agreement, or

22 (B) the date a certification described in sec23 tion 4 is made.

24 (2) RATE OF DUTY DURING PERIOD DESIGNATION

25 IS WITHDRAWN.—During the period described in
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1 paragraph (1), goods entered, or withdrawn from

2 warehouse for consumption, originating in or im3 ported from a country described in subsection (a)(3)

4 shall be subject to duty at the rates of duty specified

5 for such goods under column 2 of the Harmonized

6 Tariff Schedule of the United States.

7 SEC. 803. CERTIFICATION.

8 The sanctions of section 801 shall not apply upon the

9 determination and certification by the President to the ap10 propriate congressional committees that the following condi11 tions are met:

12 (1) The Government of Burma has uncondition13 ally released all political prisoners, including Aung

14 San Suu Kyi.

15 (2) The Government of Burma has fully imple16 mented the results of the 1990 elections in Burma, in17 cluding the transfer of power to civilian authority,

18 the protection of basic human rights, and guarantee19 ing the right of Burmese citizens to participate freely

20 in the political process, assuring freedom of speech

21 and the right of association and assembly.

22 (3) The Government of Burma has implemented

23 an effective counternarcotics effort.
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1 SEC. 804. SANCTIONS AGAINST THE PEOPLE’S REPUBLIC OF

2 CHINA.

3 The Secretary of the Treasury shall instruct the United

4 States executive director of each multilateral financial in5 stitution to vote against any loan or other utilization of

6 the facilities of the respective institution to or for the Peo7 ple’s Republic of China until the President determines and

8 certifies to the appropriate congressional committees that

9 the People’s Republic of China has terminated arms sales

10 and other arms transfers to Burma.

11 SEC. 805. SANCTIONS AGAINST THE GOVERNMENT OF THAI12 LAND.

13 The President shall withhold all United States assist14 ance to the Government of Thailand until the President de15 termines and certifies to the appropriate congressional com16 mittees that the Government of Thailand is fully cooperat17 ing in providing support and relief for Burmese exiles and

18 refugees.

19 SEC. 806. REPORT.

20 Not later than 45 days after the date of enactment of

21 this Act, the President shall submit a report to the appro22 priate congressional committees on—

23 (1) the chemical and biological weapons capabil24 ity of Burma;
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1 (2) a plan to provide United States assistance in

2 support of the democracy movement active inside

3 Burma;

4 (3) the treatment by the Government of Thailand

5 of Burmese students, refugees, and exiles resident in

6 Thailand; and

7 (4) the status of arms sales and other arms

8 transfers to the Government of Burma, including the

9 amount of expenditures by the Government of Burma

10 in the acquisition of arms.

11 SEC. 807. DEFINITIONS.

12 As used in this title:

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional commit15 tees’’ means the Committee on Appropriations and the

16 Committee on Foreign Relations of the Senate and the

17 Committee on Appropriations and the Committee on

18 International Relations of the House of Representa19 tives.

20 (2) INVESTMENT.—The term ‘‘investment’’ in21 cludes any contribution or commitment of funds, com22 modities, services, patents, processes, or techniques, in

23 the form of—

24 (A) a loan or loans;

25 (B) the purchase of a share of ownership;
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1 (C) participation in royalties, earnings, or

2 profits; and

3 (D) the furnishing of commodities or serv4 ices pursuant to a lease or other contract.

5 (3) HUMANITARIAN ACTIVITIES.—The term ‘‘hu6 manitarian activities’’ means the provision of food,

7 medicine, medical supplies, or clothing and does not

8 include cash transfers.

9 (4) FINANCIAL INSTITUTIONS.—The term ‘‘finan10 cial institutions’’ includes the International Bank for

11 Reconstruction and Development, the International

12 Development Association, the Asian Development

13 Bank, and the International Monetary Fund.

14 (5) UNITED STATES ASSISTANCE.—The term

15 ‘‘United States assistance’’ means assistance of any

16 kind which is provided by grant, sale, loan, lease,

17 credit, guaranty, or insurance, or by any other

18 means, by any agency or instrumentality of the Unit19 ed States Government to any foreign country, includ20 ing—

21 (A) assistance under the Foreign Assistance

22 Act of 1961 (including programs under title IV

23 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.).

14 This Act may be cited as the ‘‘Foreign Operations,

15 Export Financing, and Related Programs Appropriations

16 Act, 1996’’.

Passed the House of Representatives July 11, 1995.

Attest: ROBIN H. CARLE,

Clerk.

Passed the Senate September 21 (legislative day,

September 5), 1995.

Attest: KELLY D. JOHNSTON,

Secretary.

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