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withstanding provisions of law which are inconsistent
with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement
of the Committee of Conference accompanying House
Joint Resolution 648 (H. Report No. 98–1159).
(3) NOTIFICATION.—At lest fifteen days prior to
obligating any such cash transfer or nonproject sector as-
sistance, the President shall submit a notification
through the regular notification procedures of the Com-
mittees on Appropriations, which shall include a detailed
description of how the funds proposed to be made avail-
able will be used, with a discussion of the United States
interests that will be served by the assistance (including,
as appropriate, a description of the economic policy re-
forms that will be promoted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance
funds may be exempt from the requirements of sub-
section (b)(1) only through the notification procedures of
the Committees on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE DIREC-
TORS TO INTERNATIONAL FINANCING INSTITUTIONS
SEC. 532. (a) No funds appropriated by this Act
may be made as payment to any international financial
institution while the United States Executive Director to
such institution is compensated by the institution at a
rate which, together with whatever compensation such
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Director receives from the United States, is in excess of
the rate provided for an individual occupying a position
at level IV of the Executive Schedule under section 5315
of title 5, United States Code, or while any alternate
United States Director to such institution is compensated
by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the
Executive Schedule under section 5316 of title 5, United
States Code.
(b) For purposes of this section, ‘‘international fi-
nancial institutions’’ are: the International Bank for Re-
construction and Development, the Inter-American Devel-
opment Bank, the Asian Development Bank, the Asian
Development Fund, the African Development Bank, the
African Development Fund, the International Monetary
Fund, the North American Development Bank, and the
European Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 533. (a) DENIAL OF ASSISTANCE.—None of
the funds appropriated or otherwise made available pur-
suant to this Act to carry out the Foreign Assistance Act
of 1961 (including title IV of chapter 2 of part I, relating
to the Overseas Private Investment Corporation) or the
Arms Export Control Act may be used to provide assist-
ance to any country that is not in compliance with the
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United Nations Security Council sanctions against Iraq,
Serbia or Montenegro unless the President determines
and so certifies to the Congress that—
(1) such assistance is in the national interest of
the United States;
(2) such assistance will directly benefit the
needy people in that country; or
(3) the assistance to be provided will be human-
itarian assistance for foreign national who have fled
Iraq and Kuwait.
(b) IMPORT SANCTIONS.—If the President consid-
ers that the taking of such action would promote the ef-
fectiveness of the economic sanctions of the United Na-
tions and the United States imposed with respect to Iraq,
Serbia, or Montenegro, as the case may be, and is con-
sistent with the national interest, the President may pro-
hibit, for such a period of time as he considers appro-
priate, the importation into the United States of any or
all products of any foreign country that has not prohib-
ited—
(1) the importation of products of Iraq, Serbia,
or Montenegro into its customs territory, and
(2) the export of its products to Iraq, Serbia,
or Montenegro, as the case may be.
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COMPETITIVE PRICING FOR SALES OF DEFENSE
ARTICLES
SEC. 533A. Direct costs associated with meeting
a foreign customer’s additional or unique requirements
will continue to be allowable under contracts under sec-
tion 22(d) of the Arms Export Control Act. Loadings ap-
plicable to such direct costs shall be permitted at the
same rates applicable to procurement of like items pur-
chased by the Department of Defense for its own use.
POW/MIA MILITARY DRAWDOWN
SEC. 534. (a) Notwithstanding any other provi-
sion of law, the President may direct the drawdown,
without reimbursement by the recipient, of defense arti-
cles from the stocks of the Department of Defense, de-
fense services of the Department of Defense, and military
education and training, of an aggregate value not to ex-
ceed $15,000,000 in fiscal year 1997, as may be nec-
essary to carry out subsection (b).
(b) Such defense articles, services and training
may be provided to Vietnam, Cambodia and Laos, under
subsection (a) as the President determines are necessary
to support efforts to locate and repatriate members of the
United States Armed Forces and civilians employed di-
rectly or indirectly by the United States Government who
remain unaccounted for from the Vietnam War, and to
ensure the safety of United States Government personnel
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engaged in such cooperative efforts and to support Unit-
ed States Department of Defense-sponsored humani-
tarian projects associated with the POW/MIA efforts.
Any aircraft shall be provided under this section only to
Laos and only on a lease or loan basis, but may be pro-
vided at no cost notwithstanding section 61 of the Arms
Export Control Act and may be maintained with defense
articles, services and training provided under this section.
(c) The President shall, within sixty days of the
end of any fiscal year in which the authority of sub-
section (a) is exercised, submit a report to the Congress
which identifies the articles, services, and training drawn
down under this section.
MEDITERRANEAN EXCESS DEFENSE ARTICLES
SEC. 535. For the four-year period beginning on
October 1, 1996, the President shall ensure that excess
defense articles will be made available under section 516
and 519 of the Foreign Assistance Act of 1961 consistent
with the manner in which the President made available
excess defense articles under those sections during the
four-year period that began on October 1, 1992, pursu-
ant to section 573(e) of the Foreign Operations, Export
Financing, Related Programs Appropriations Act, 1990.
CASH FLOW FINANCING
SEC. 536. For each country that has been ap-
proved for cash flow financing (as defined in section
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25(d) of the Arms Export Control Act, as added by sec-
tion 112(b) of Public Law 99–83) under the Foreign
Military Financing Program, any Letter of Offer and Ac-
ceptance or other purchase agreement, or any amend-
ment 
thereto, 
for 
a 
procurement 
in 
excess 
of
$100,000,000 that is to be financed in whole or in part
with funds made available under this Act shall be submit-
ted through the regular notification procedures to the
Committees on Appropriations.
AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER-
ICAN
FOUNDATION
AND
THE
AFRICAN
DEVELOP-
MENT FOUNDATION
SEC. 537. Unless expressly provided to the con-
trary, provisions of this or any other Act, including provi-
sions contained in prior Acts authorizing or making ap-
propriations for foreign operations, export financing, and
related programs, shall not be construed to prohibit ac-
tivities authorized by or conducted under the Peace Corp
Act, the Inter-American Foundation Act, or the African
Development Foundation Act. The appropriate agency
shall promptly report to the Committees on Appropria-
tions whenever it is conducting activities or is proposing
to conduct activities in a country for which assistance is
prohibited.
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IMPACT ON JOBS IN THE UNITED STATES
SEC. 538. None of the funds appropriated by this
Act may be obligated or expended to provide—
(a) any financial incentive to a business enter-
prise currently located in the United States for the
purpose of inducing such an enterprise to relocate
outside the United States if such incentive or in-
ducement is likely to reduce the number of employ-
ees of such business enterprise in the United States
because United States production is being replaced
by such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export process-
ing zone or designated area in which the tax, tariff,
labor, environment, and safety laws of that country
do not apply, in part or in whole, to activities car-
ried out within that zone or area, unless the Presi-
dent determines and certifies that such assistance is
not likely to cause a loss of jobs within the United
States; or
(c) assistance for any project or activity that
contributes to the violation of internationally recog-
nized workers rights, as defined in section 502(a)(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in
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that country: Provided, That in recognition that the
application of this subsection should be commensu-
rate with the level of development of the recipient
country and sector, the provisions of this subsection
shall not preclude assistance for the informal sector
in such country, micro and small-scale enterprise,
and smallholder agriculture.
AUTHORITY TO ASSIST BOSNIA AND HERZEGOVINA
SEC. 539. (a) The President is authorized to di-
rect the transfer, subject to prior notification of the Com-
mittees on Appropriations, to the Government of Bosnia
and Herzegovina, without reimbursement of defense arti-
cles from the stocks of the Department of Defense and
defense services of the Department of Defense of an ag-
gregate value of not to exceed $100,000,000 in fiscal
years 1996 and 1997: Provided, That the President cer-
tifies in a timely fashion to the Congress that the trans-
fer of such articles would assist that nation in self-de-
fense and thereby promote the security and stability of
the region.
(b) Within 60 days of any transfer under the au-
thority provided in subsection (a), and every 60 days
thereafter, the President shall report in writing to the
Speaker of the House of Representatives and the Presi-
dent pro tempore of the Senate concerning the articles
transferred and the disposition thereof.
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(c) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse
the applicable appropriation, fund, or account for defense
articles provided under this section.
RESTRICTIONS ON THE TERMINATION OF SANCTIONS
AGAINST SERBIA AND MONTENEGRO
SEC. 540. (a) RESTRICTIONS.—Notwithstanding
any other provision of law, no sanction, prohibition, or re-
quirement described in section 1511 of the National De-
fense Authorization Act for Fiscal Year 1994 (Public
Law 103–160), with respect to Serbia or Montenegro,
may cease to be effective, unless—
(1) the President first submits to the Congress
a certification described in subsection (b); and
(2) the requirements of section 1511 of that
Act are met.
(b) CERTIFICATION.—A certification described in
this subsection is a certification that—
(1) there is substantial progress toward—
(A) the realization of a separate identity
for Kosova and the right of the people of
Kosova to govern themselves; or
(B) the creation of an international protec-
torate for Kosova;
(2) there is substantial improvement in the
human rights situation in Kosova;
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(3) international human rights observers are al-
lowed to return to Kosova; and
(4) the elected government of Kosova is per-
mitted to meet and carry out its legitimate mandate
as elected representatives of the people of Kosova.
(c) WAIVER AUTHORITY.—The President may
waive the application in whole or in part, of subsection
(a) if the President certifies to the Congress that the
President has determined that the waiver is necessary to
meet emergency humanitarian needs or to achieve a nego-
tiated settlement of the conflict in Bosnia and
Herzegovina that is acceptable to the parties.
SPECIAL AUTHORITIES
SEC. 541. (a) Funds appropriated in title II of
this Act that are made available for Afghanistan, Leb-
anon, and Cambodia, and for victims of war, displaced
children, displaced Burmese, humanitarian assistance for
Romania, and humanitarian assistance for the peoples of
Bosnia and Herzegovina, Croatia, and Kosova, may be
made available notwithstanding any other provision of
law: Provided, That any such funds that are made avail-
able for Cambodia shall be subject to the provisions of
section 531(c) of the Foreign Assistance Act of 1961 and
section 906 of the International Security and Develop-
ment Cooperation Act of 1985: Provided further, That
none of the funds appropriated by this Act may be made
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available for assistance for any country or organization
that the Secretary of State determines is cooperating,
tactically or strategically, with the Khmer Rouge in their
military operations, or to the military of any country that
is not acting vigorously to prevent its members from fa-
cilitating the export of timber from Cambodia by the
Khmer Rouge: Provided further, That the Secretary of
State shall submit a report to the Committees on Appro-
priations by February 1, 1997, on whether there are any
countries, organizations, or militaries for which assist-
ance is prohibited under the previous proviso, the basis
for such conclusions and, if appropriate, the steps being
taken to terminate assistance: Provided further, That the
prohibition on assistance to the military of any country
that is not acting vigorously to prevent its members from
facilitating the export of timber from Cambodia by the
Khmer Rouge may be waived by the President if he de-
termines and reports to the Committees on Appropria-
tions that is is important to the national security interest
of the United States to do so.
(b) Funds appropriated by this Act to carry out
the provisions of sections 103 through 106 of the Foreign
Assistance Act of 1961 may be used, notwithstanding any
other provision of law, for the purpose of supporting
tropical forestry and energy programs aimed at reducing
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emissions of greenhouse gases, and for the purpose of
supporting biodiversity conservation activities: Provided,
That such assistance shall be subject to sections 116,
502B, and 620A of the Foreign Assistance Act of 1961.
(c) During fiscal year 1997, the President may
use up to $40,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding
the funding ceiling contained in subsection (a) of that
section.
(d) The Agency for International Development
may employ personal services contractors, notwithstand-
ing any other provision of law, for the purpose of admin-
istering programs for the West Bank and Gaza.
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT
OF ISRAEL
SEC. 542. It is the sense of the Congress that—
(1) the Arab League countries should imme-
diately and publicly renounce the primary boycott of
Israel and the secondary and tertiary boycott of
American firms that have commercial ties with Is-
rael; and
(2) the President should—
(A) take more concrete steps to encourage
vigorously Arab League countries to renounce
publicly the primary boycotts of Israel and the
secondary and tertiary boycotts of American
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firms that have commercial relations with Israel
as a confidence-building measure;
(B) take into consideration the participa-
tion of any recipient country in the primary
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commer-
cial relations with Israel when determining
whether to sell weapons to said county;
(C) report to Congress on the specific
steps being taken by the President to bring
about a public renunciation of the Arab primary
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commer-
cial relations with Israel; and
(D) encourage the allies and trading part-
ners of the United States to enact laws prohib-
iting businesses from complying with the boy-
cott and penalizing businesses that do comply.
ANTI-NARCOTICS ACTIVITIES
SEC. 543. (a) Of the funds appropriated or other-
wise made available by this Act for ‘‘Economic Support
Fund’’, assistance may be provided to strengthen the ad-
ministration of justice in countries in Latin America and
the Caribbean and in other regions consistent with the
provisions of section 534(b) of the Foreign Assistance
Act of 1961, except that programs to enhance protection
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of participants in judicial cases may be conducted not-
withstanding section 660 of that Act.
(b) Funds made available pursuant to this section
may be made available notwithstanding section 534(c)
and the second and third sentences of section 534(e) of
the Foreign Assistance Act of 1961. Funds made avail-
able pursuant to subsection (a) for Bolivia, Colombia and
Peru may be made available notwithstanding section
534(c) and the second sentence of section 534(e) of the
Foreign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 544. (a) ASSISTANCE
THROUGH
NON-
GOVERNMENTAL
ORGANIZATIONS.—Restrictions 
con-
tained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations
from funds appropriated by this Act to carry out the pro-
visions of chapters 1 and 10 of part I of the Foreign As-
sistance Act of 1961: Provided, That the President shall
take into consideration, in any case in which a restriction
on assistance would be applicable but for this subsection,
whether assistance in support of programs of nongovern-
mental organizations is in the national interest of the
United States: Provided further, That before using the
authority of this subsection to furnish assistance in sup-
port of programs of nongovernmental organizations, the
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President shall notify the Committees on Appropriations
under the regular notification procedures of those com-
mittees, including a description of the program to be as-
sisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That noth-
ing in this subsection shall be construed to alter any ex-
isting statutory prohibitions against abortion or involun-
tary sterilizations contained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 1997,
restrictions contained in this or any other Act with re-
spect to assistance for a country shall not be construed
to restrict assistance under the Agricultural Trade Devel-
opment and Assistance Act of 1954: Provided, That none
of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be
obligated or expended except as provided through the reg-
ular notification procedures of the Committees on Appro-
priations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign
Assistance Act or any comparable provision of law
prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision
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of law prohibiting assistance to countries that violate
internationally recognized human rights.
EARMARKS
SEC. 544A. (a) Funds appropriated by this Act
which are earmarked may be reprogrammed for other
programs within the same account notwithstanding the
earmark if compliance with the earmark is made impos-
sible by operation of any provision of this or any other
Act or, with respect to a country with which the United
States has an agreement providing the United States
with base rights or base access in that country, if the
President determines that the recipient for which funds
are earmarked has significantly reduced its military or
economic cooperation with the United States since enact-
ment of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991; however,
before exercising the authority of this subsection with re-
gard to a base rights or base access country which has
significantly reduced its military or economic cooperation
with the United States, the President shall consult with,
and shall provide a written policy justification to the
Committees on Appropriations: Provided, That any such
reprogramming shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations:
Provided further, That assistance that is reprogrammed
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pursuant to this subsection shall be made available under
the same terms and conditions as originally provided.
(b) In addition to the authority contained in sub-
section (a), the original period of availability of funds ap-
propriated by this Act and administered by the Agency
for International Development that are earmarked for
particular programs or activities by this or any other Act
shall be extended for an additional fiscal year if the Ad-
ministrator of such agency determines and reports
promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant
change in circumstances makes it unlikely that such ear-
marked funds can be obligated during the original period
of availability: Provided, That such earmarked funds that
are continued available for an additional fiscal year shall
be obligated only for the purpose of such earmark.
CEILINGS AND EARMARKS
SEC. 545. Ceilings and earmarks contained in this
Act shall not be applicable to funds or authorities appro-
priated or otherwise made available by any subsequent
Act unless such Act specifically so directs.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 546. No part of any appropriation contained
in this Act shall be used for publicity or propaganda pur-
poses within the United States not authorized before the
date of enactment of this Act by the Congress: Provided,
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That not to exceed $750,000 may be made available to
carry out the provisions of section 316 of Public Law 96–
533.
USE OF AMERICAN RESOURCES
SEC. 547. To the maximum extent possible, as-
sistance provided under this Act should make full use of
American resources, including commodities, products,
and services.
PROHIBITION OF PAYMENTS TO UNITED NATIONS
MEMBERS
SEC. 548. None of the funds appropriated or
made available pursuant to this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in
whole or in part any assessments, arrearages, or dues of
any member of the United Nations.
CONSULTING SERVICES
SEC. 549. The expenditure of any appropriation
under this Act for any consulting service through pro-
curement contract, pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts
where such expenditures are a matter of public record
and available for public inspection, except where other-
wise provided under existing law, or under existing Exec-
utive order pursuant to existing law.
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PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION
SEC. 550. None of the funds appropriated or
made available pursuant to this Act shall be available to
a private voluntary organization which fails to provide
upon timely request any document, file, or record nec-
essary to the auditing requirements of the Agency for
International Development.
PROHIBITION
ON
ASSISTANCE
TO
FOREIGN
GOVERN-
MENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIP-
MENT TO COUNTRIES SUPPORTING INTERNATIONAL
TERRORISM
SEC. 551. (a) None of the funds appropriated or
otherwise made available by this Act may be available to
any foreign government which provides lethal military
equipment to a country the government of which the Sec-
retary of State has determined is a terrorist government
for purposes of section 40(d) of the Arms Export Control
Act. The prohibition under this section with respect to a
foreign government shall terminate 12 months after that
government ceases to provide such military equipment.
This section applies with respect to lethal military equip-
ment provided under a contract entered into after the
date of enactment of this Act.
(b) Assistance restricted by subsection (a) or any
other similar provision of law, may be furnished if the
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President determines that furnishing such assistance is
important to the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exer-
cised, the President shall submit to the appropriate con-
gressional committees a report with respect to the fur-
nishing of such assistance. Any such report shall include
a detailed explanation of the assistance to be provided,
including the estimated dollar amount of such assistance,
and an explanation of how the assistance furthers United
States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES
OWED BY FOREIGN COUNTRIES
SEC. 552. (a) IN GENERAL.—Of the funds made
available for a foreign country under part I of the For-
eign Assistance Act of 1961, an amount equivalent to
110 percent of the total unpaid fully adjudicated parking
fines and penalties owed to the District of Columbia by
such country as of the date of enactment of this Act shall
be withheld from obligation for such country until the
Secretary of State certifies and reports in writing to the
appropriate congressional committees that such fines and
penalties are fully paid to the government of the District
of Columbia.
(b) DEFINITION.—For purposes of this section,
the term ‘‘appropriate congressional committees’’ means
the Committee on Foreign Relations and the Committee
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on Appropriations of the Senate and the Committee on
International Relations and the Committee on Appropria-
tions of the House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE
WEST BANK AND GAZA
SEC. 553. None of the funds appropriated by this
Act may be obligated for assistance for the Palestine Lib-
eration Organization for the West Bank and Gaza unless
the President has exercised the authority under section
604(a) of the Middle East Peace Facilitation Act of 1995
(title VI of Public Law 104–107) or any other legislation
to suspend or make inapplicable section 307 of the For-
eign Assistance Act of 1961 and that suspension is still
in effect: Provided, That if the President fails to make
the certification under section 604(b)(2) of the Middle
East Peace Facilitation Act of 1995 or to suspend the
prohibition under other legislation, funds appropriated by
this Act may not be obligated for assistance for the Pal-
estine Liberation Organization for the West Bank and
Gaza.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 554. Not to exceed 5 percent of any appro-
priation other than for administrative expenses made
available for fiscal year 1997 for programs under title I
of this Act may be transferred between such appropria-
tions for use for any of the purposes, programs and ac-
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tivities for which the funds in such receiving account may
be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise
of such authority shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations.
WAR CRIMES TRIBUNALS
SEC. 555. If the President determines that doing
so will contribute to a just resolution of charges regard-
ing genocide or other violations of international humani-
tarian law, the President may direct a drawdown pursu-
ant to section 552(c) of the Foreign Assistance Act of
1961, as amended, of up to $25,000,000 of commodities
and services for the United Nations War Crimes Tribunal
established with regard to the former Yugoslavia by the
United Nations Security Council or such other tribunals
or commissions as the Council may establish to deal with
such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu
of any determinations otherwise required under section
552(c): Provided further, That 60 days after the date of
enactment of this Act, and every 180 days thereafter, the
Secretary of State shall submit a report to the Commit-
tees on Appropriations describing the steps the United
States Government is taking to collect information re-
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garding allegations of genocide or other violations of
international law in the former Yugoslavia and to furnish
that information to the United Nations War Crimes Tri-
bunal for the former Yugoslavia.
LANDMINES
SEC. 556. Notwithstanding any other provision of
law, demining equipment available to the Agency for
International Development and the Department of State
and used in support of the clearing of landmines and
unexploded ordnance for humanitarian purposes may be
disposed of on a grant basis in foreign countries, subject
to such terms and conditions as the President may pre-
scribe: Provided, That section 1365(c) of the National
Defense Authorization Act for Fiscal Year 1993 (Public
Law 102–484; 22 U.S.C., 2778 note) is amended by
striking out ‘‘During the five-year period beginning on
October 23, 1992’’ and inserting in lieu thereof ‘‘During
the eight-year period beginning on October 23, 1992’’.
RESTRICTIONS CONCERNING THE PALESTINIAN
AUTHORITY
SEC. 557. None of the funds appropriated by this
Act may be obligated or expended to create in any part
of Jerusalem a new office of any department or agency
of the United States Government for the purpose of con-
ducting official United States Government business with
the Palestinian Authority over Gaza and Jericho or any
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successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem:
Provided further, That meetings between officers and em-
ployees of the United States and officials of the Palestin-
ian Authority, or any successor Palestinian governing en-
tity provided for in the Israel-PLO Declaration of Prin-
ciples, for the purpose of conducting official United
States Government business with such authority should
continue to take place in locations other than Jerusalem.
As has been true in the past, officers and employees of
the United States Government may continue to meet in
Jerusalem on other subjects with Palestinians (including
those who now occupy positions in the Palestinian Au-
thority), have social contacts, and have incidental discus-
sions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 558. None of the funds appropriated or oth-
erwise made available by this Act under the heading
‘‘INTERNATIONAL MILITARY EDUCATION AND TRAINING’’
or ‘‘FOREIGN MILITARY FINANCING PROGRAM’’ for Infor-
mational Program activities may be obligated or ex-
pended to pay for—
(1) alcoholic beverages;
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(2) food (other than food provided at a military
installation) not provided in conjunction with Infor-
mational Program trips where students do not stay
at a military installation; or
(3) entertainment expenses for activities that
are substantially of a recreational character, includ-
ing entrance fees at sporting events and amusement
parks.
HUMANITARIAN CORRIDORS
SEC. 559. The Foreign Assistance Act of 1961 is
amended by adding immediately after section 620H the
following new section:
‘‘SEC. 620I. PROHIBITION
ON ASSISTANCE
TO
COUNTRIES THAT RESTRICT UNITED STATES HUMANI-
TARIAN ASSISTANCE.—
‘‘(a) IN GENERAL.—No assistance shall be fur-
nished under this Act or the Arms Export Control
Act to any country when it is made known to the
President that the government of such country pro-
hibits or otherwise restricts, directly or indirectly,
the transport or delivery of United States humani-
tarian assistance.
‘‘(b) EXCEPTION.—Assistance may be furnished
without regard to the restriction in subsection (a) if
the President determines that to do so is in the na-
tional security interest of the United States.
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‘‘(c) NOTICE.—Prior to making any determina-
tion under subsection (b), the President shall notify
the Committee on International Relations, the Com-
mittee on Foreign Relations, and the Committees on
Appropriations of the Senate and House of Rep-
resentatives of his intention to make such a deter-
mination, the effective date of the determination,
and the reasons for making the determination.’’.
EQUITABLE ALLOCATION OF FUNDS
SEC. 560. Not more than 20 percent of the funds
appropriated by this Act to carry out the provisions of
sections 103 through 106 and chapter 4 of part II of the
Foreign Assistance Act of 1961, that are made available
for Latin America and the Caribbean region may be
made available, through bilateral and Latin America and
the Caribbean regional programs, to provide assistance
for any country in such region.
PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS
SEC. 561. (a) SENSE OF CONGRESS.—It is the
sense of the Congress that, to the greatest extent prac-
ticable, all equipment and products purchased with funds
made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing finan-
cial assistance to, or entering into any contract with, any
entity using funds made available in this Act, the head
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of each Federal agency, to the greatest extent prac-
ticable, shall provide to such entity a notice describing
the statement made in subsection (a) by the Congress.
LIMITATION OF FUNDS FOR NORTH AMERICAN
DEVELOPMENT BANK
SEC. 562. None of the Funds appropriated in this
Act under the heading ‘‘North American Development
Bank’’ and made available for the Community Adjust-
ment and Investment Program shall be used for purposes
other than those set out in the binational agreement es-
tablishing the Bank.
INTERNATIONAL DEVELOPMENT ASSOCIATION
SEC. 563. In order to pay for the United States
contribution to the tenth replenishment of the resources
of the International Development Association authorized
in section 526 of Public Law 103–87, there is authorized
to be appropriated, without fiscal year limitation,
$700,000,000 for payment by the Secretary of the Treas-
ury.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 564. (a) AUTHORITY TO REDUCE DEBT.—
The President may reduce amounts owed to the United
States (or any agency of the United States) by an eligible
country as a result of—
(1) guarantees issued under sections 221 and
222 of the Foreign Assistance Act of 1961; or
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(2) credits extended or guarantees issued under
the Arms Export Control Act.
(b) LIMITATIONS.—
(1) The authority provided by subsection (a)
may be exercised only to implement multilateral offi-
cial debt relief and referendum agreements, com-
monly referred to as ‘‘Paris Club Agreed Minutes’’.
(2) The authority provided by subsection (a)
may be exercised only in such amounts or to such
extent as is provided in advance by appropriations
Acts.
(3) The authority provided by subsection (a)
may be exercised only with respect to countries with
heavy debt burdens that are eligible to borrow from
the International Development Association, but not
from the International Bank for Reconstruction and
Development, commonly referred to as ‘‘IDA-only’’
countries.
(c) CONDITIONS.—The authority provided by sub-
section (a) may be exercised only with respect to a coun-
try whose government—
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts
of international terrorism;
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(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of
gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
(d) AVAILABILITY
OF
FUNDS.—The authority
provided by subsection (a) may be used only with regard
to funds appropriated by this Act under the heading
‘‘Debt restructuring’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A
reduction of debt pursuant to subsection (a) shall not be
considered assistance for purposes of any provision of law
limiting assistance to a country. The authority provided
by subsection (a) may be exercised notwithstanding sec-
tion 620(r) of the Foreign Assistance Act of 1961.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 565. (a) LOANS ELIGIBLE FOR SALE, RE-
DUCTION, OR CANCELLATION.—
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL
CERTAIN LOANS.—Notwithstanding any other provi-
sion of law, the President may, in accordance with
this section, sell to any eligible purchaser any
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concessional loan or portion thereof made before
January 1, 1995, pursuant to the Foreign Assist-
ance Act of 1961, to the government of any eligible
country as define in section 702(6) of that Act or
on receipt of payment from an eligible purchaser, re-
duce or cancel such loan or portion thereof, only for
the purpose of facilitating—
(A) debt-for-equity swaps, debt-for-develop-
ment swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the difference
between the price paid for such debt and the
face value of such debt, to support activities
that link conservation and sustainable use of
natural resources with local community develop-
ment, and child survival and other child devel-
opment, in a manner consistent with sections
707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation
would not contravene any term or condition of
any prior agreement relating to such loan.
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(2) TERMS AND CONDITIONS.—Notwithstanding
any other provision of law, the President shall, in ac-
cordance with this section, establish the terms and
conditions under which loans may be sold, reduced,
or canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined
in section 702(8) of the Foreign Assistance Act of
1961, shall notify the administrator of the agency
primarily responsible for administering part I of the
Foreign Assistance Act of 1961 of purchasers that
the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduc-
tion, or cancellation of a loan pursuant to this sec-
tion. Such agency shall make an adjustment in its
accounts to reflect the sale, reduction, or cancella-
tion.
(4) LIMITATION.—The authorities of this sub-
section shall be available only to the extent that ap-
propriations for the cost of the modification, as de-
fined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from
the sale, reduction, or cancellation of any loan sold, re-
duced, or canceled pursuant to this section shall be de-
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posited in the United States Government account or ac-
counts established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—A loan may be sold
pursuant to subsection (a)(1)(A) only to a purchaser who
presents plans satisfactory to the President for using the
loan for the purpose of engaging in debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to
any eligible purchaser, or any reduction or cancellation
pursuant to this section, of any loan made to an eligible
country, the President should consult with the country
concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-
for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority pro-
vided by subsection (a) may be used only with regard to
funds appropriated by this Act under the heading ‘‘Debt
restructuring’’.
LIBERIA
SEC. 566. Funds appropriated by this Act may be
made available for assistance for Liberia notwithstanding
section 620(q) of the Foreign Assistance Act of 1961 and
section 512 of this Act.
GUATEMALA
SEC. 567. (a) Funds provided in this Act may be
made available for the Guatemalan military forces, and
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the restrictions on Guatemala under the headings ‘‘Inter-
national Military Education and Training’’ and ‘‘Foreign
Military Financing Program’’ shall not apply, only if the
President determines and certifies to the Congress that
the Guatemalan military is cooperating fully with efforts
to resolve human rights abuses which elements of the
Guatemalan military forces are alleged to have commit-
ted, ordered or attempted to thwart the investigation of,
and with efforts to negotiate a peace settlement.
(b) The prohibition contained in subsection (a)
shall not apply to funds made available to implement a
ceasefire or peace agreement.
(c) Any funds made available pursuant to sub-
sections (a) or (b) shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations.
(d) Any funds made available pursuant to sub-
sections (a) and (b) for international military education
and training may only be for expanded international mili-
tary education and training.
SANCTIONS AGAINST COUNTRIES HARBORING WAR
CRIMINALS
SEC. 568. (a) BILATERAL
ASSISTANCE.—The
President is authorized to withhold funds appropriated by
this Act under the Foreign Assistance Act of 1961 or the
Arms Export Control Act for any country described in
subsection (c).
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(b) MULTILATERAL ASSISTANCE.—The Secretary
of the Treasury should instruct the United States execu-
tive directors of the international financial institutions to
work in opposition to, and vote against, any extension by
such institutions of financing or financial or technical as-
sistance to any country described in subsection (c).
(c) SANCTIONED
COUNTRIES.—A country de-
scribed in this subsection is a country the government of
which knowingly grants sanctuary to persons in its terri-
tory for the purpose of evading prosecution, where such
persons—
(1) have been indicted by the International
Criminal Tribunal for the former Yugoslavia, the
International Criminal Tribunal for Rwanda, or any
other international tribunal with similar standing
under international law, or
(2) have been indicted for war crimes or crimes
against humanity committed during the period be-
ginning March 23, 1933 and ending on May 8, 1945
under the direction of, or in association with—
(A) the Nazi government of Germany;
(B) any government in any area occupied
by the military forces of the Nazi government
of Germany;
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(C) any government which was established
with the assistance or cooperation of the Nazi
government; or
(D) any government which was an ally of the Nazi
government of Germany.
LIMITATION ON ASSISTANCE FOR HAITI
SEC. 569. (a) LIMITATION.—None of the funds
appropriated or otherwise made available by this Act,
may be provided to the Government of Haiti until the
President reports to Congress that—
(1) the Government is conducting thorough in-
vestigations of extrajudicial and political killings;
and
(2) the Government is cooperating with United
States authorities in the investigations of political
and extrajudicial killings.
(b) Nothing in this section shall be construed to
restrict the provision of humanitarian, development, or
electoral assistance.
(c) The President may waive the requirements of
this section on a semiannual basis if he determines and
certifies to the appropriate committees of Congress that
it is in the national interest of the United States.
POLICY TOWARD BURMA
SEC. 570. (a) Until such time as the President de-
termines and certifies to Congress that Burma has made
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measurable and substantial progress in improving human
rights practices and implementing democratic govern-
ment, the following sanctions shall be imposed on Burma:
(1) BILATERAL
ASSISTANCE.—There shall be
no United States assistance to the Government of
Burma, other than:
(A) humanitarian assistance,
(B) subject to the regular notification pro-
cedures of the Committees on Appropriations,
counter-narcotics assistance under chapter 8 of
part I of the Foreign Assistance Act of 1961,
or crop substitution assistance, if the Secretary
of State certifies to the appropriate congres-
sional committees that—
(i) the Government of Burma is fully
cooperating with United States counter-
narcotics efforts, and
(ii) the programs are fully consistent
with United States human rights concerns
in Burma and serve the United States na-
tional interest, and
(C) assistance promoting human rights
and democratic values.
(2) MULTILATERAL
ASSISTANCE.—The Sec-
retary of the Treasury shall instruct the United
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States executive director of each international finan-
cial institution to vote against any loan or other uti-
lization of funds of the respective bank to or for
Burma.
(3) VISAS.—Except as required by treaty obli-
gations or to staff the Burmese mission to the Unit-
ed States, the United States should not grant entry
visas to any Burmese government official.
(b) CONDITIONAL SANCTIONS.—The President is
hereby authorized to prohibit, and shall prohibit United
States persons from new investment in Burma, if the
President determines and certifies to Congress that, after
the date of enactment of this Act, the Government of
Burma has physically harmed, rearrested for political
acts, or exiled Daw Aung San Suu Kyi or has committed
large-scale repression of or violence against the Demo-
cratic opposition.
(c) MULTILATERAL STRATEGY.—The President
shall seek to develop, in coordination with members of
ASEAN and other countries having major trading and
investment interests in Burma, a comprehensive, multi-
lateral strategy to bring democracy to and improve
human rights practices and the quality of life in Burma,
including the development of a dialogue between the
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State Law and Order Restoration Council (SLORC) and
democratic opposition groups within Burma.
(d) PRESIDENTIAL REPORTS.—Every six months
following the enactment of this Act, the President shall
report to the Chairmen of the Committee on Foreign Re-
lations, the Committee on International Relations and the
House and Senate Appropriations Committees on the fol-
lowing:
(1) progress toward democratization in Burma;
(2) progress on improving the quality of life of
the Burmese people, including progress on market
reforms, living standards, labor standards, use of
forced labor in the tourism industry, and environ-
mental quality; and
(3) progress made in developing the strategy re-
ferred to in subsection (c).
(e) WAIVER AUTHORITY.—The President shall
have the authority to waive, temporarily or permanently,
any sanction referred to in subsection (a) or subsection
(b) if he determines and certifies to Congress that the
application of such sanction would be contrary to the na-
tional security interests of the United States.
(f) DEFINITIONS.—
(1) The term ‘‘international financial institu-
tions’’ shall include the International Bank for Re-
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construction and Development, the International De-
velopment Association, the International Finance
Corporation, the Multilateral Investment Guarantee
Agency, the Asian Development Bank, and the
International Monetary Fund.
(2) The term ‘‘new investment’’ shall mean any
of the following activities if such an activity is un-
dertaken pursuant to an agreement, or pursuant to
the exercise of rights under such an agreement, that
is entered into with the Government of Burma or a
nongovernmental entity in Burma, on or after the
date of the certification under subsection (b):
(A) the entry into a contract that includes
the economical development of resources located
in Burma, or the entry into a contract provid-
ing for the general supervision and guarantee of
another person’s performance of such a con-
tract;
(B) the purchase of a share of ownership,
including an equity interest, in that develop-
ment;
(C) the entry into a contract providing for
the participation in royalties, earnings, or prof-
its in that development, without regard to the
form of the participation:
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Provided, That the term ‘‘new investment’’ does not
include the entry into, performance of, or financing
of a contract to sell or purchase goods, services, or
technology.
REPORT REGARDING HONG KONG
SEC. 571. In light of the deficiencies in reports
submitted to the Congress pursuant to section 301 of the
United States-Hong Kong Policy Act (22 U.S.C. 5731),
the Congress directs that the additional report required
to be submitted during 1997 under such section include
detailed information on the status of, and other develop-
ments affecting, implementation of the Sino-British Joint
Declaration on the Question of Hong King, including—
(1) the Basic Law and its consistency with the
Joint Declaration;
(2) Beijing’s plans to replace the elected legisla-
ture with an appointed body;
(3) the openness and fairness of the election of
the chief executive and the executive’s accountability
to the legislature;
(4) the treatment of political parties;
(5) the independence of the Judiciary and its
ability to exercise the power of final judgment over
Hong Kong law; and
(6) the Bill of Rights.
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USE OF FUNDS FOR PURCHASE OF PRODUCTS NOT MADE
IN AMERICA
SEC. 572. The Administrator of the Agency for
International Development shall provide a report to the
appropriate committees of the Congress on the ability of
the United States Government to implement a provision
of law (and on the foreign policy implications of such a
provision of law) which would require that United States
funds could be made available to the government of a for-
eign country for the purchase of any equipment or prod-
ucts only if such purchases were to occur in such foreign
country or the United States, and substantially similar
equipment and products were made in the United States
and available for purchase at a price that is not more
than 10 percent higher than that in other countries.
CONFLICT IN CHECHNYA
SEC. 573. The Secretary of State shall provide to
the Committees on Appropriations no later than 30 days
from the date of enactment of this Act a detailed report
on actions undertaken by the United States Government
to resolve the conflict in Chechnya.
EXTENSION OF CERTAIN ADJUDICATION PROVISIONS
SEC. 575. The Foreign Operations, Export Fi-
nancing, and Related Programs Appropriations Act, 1990
(Public Law 101–167) is amended—
(1) in section 599D (8 U.S.C. 1157 note)—
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(A) in subsection (b)(3), by striking ‘‘and
1996’’ and inserting ‘‘1996, and 1997’’; and
(B) in subsection (e), by striking out ‘‘Oc-
tober 1, 1996’’ each place it appears and insert-
ing ‘‘October 1, 1997’’; and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking out ‘‘September 30,
1996’’ and inserting ‘‘September 30, 1997’’.
TRANSPARENCY OF BUDGETS
SEC. 576. (a) LIMITATION.—Beginning three
years after the date of the enactment of this Act, the
Secretary of the Treasury shall instruct the United
States Executive Director of each international financial
institution to use the voice and vote of the United States
to oppose any loan or other utilization of the funds of
their respective institution, other than to address basic
human needs, for the government of any country which
the Secretary of the Treasury determines—
(1) does not have in place a functioning system
for a civilian audit of all receipts and expenditures
that fund activities of the armed forces and security
forces;
(2) has not provided a summary of a current
audit to the institution.
(b) DEFINITION.—For purposes of this section,
the term ‘‘international financial institution’’ shall in-
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clude the institutions identified in section 532(b) of this
Act.
GUARANTEES
SEC. 577. Section 251(b)(2)(G) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is
amended by striking ‘‘fiscal year 1994 and 1995’’ and in-
serting in lieu thereof ‘‘fiscal years 1994, 1995, and
1997’’ in both places that this appears.
INFORMATION ON COOPERATION WITH UNITED STATES
ANTI-TERRORISM EFFORTS IN ANNUAL COUNTRY RE-
PORTS ON TERRORISM
SEC. 578. Section 140 of the Foreign Relations
Authorization Act, fiscal years 1988 and 1989 (22
U.S.C. 2656f) is amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ at the end of para-
graph (1);
(B) by striking the period at the end of
paragraph (2) and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(3) with respect to each foreign country from
which the United States Government has sought co-
operation during the previous five years in the inves-
tigation or prosecution of an act of international ter-
rorism against United States citizens or interests,
information on—
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‘‘(A) the extent to which the government of
the foreign country is cooperating with the
United States Government in apprehending,
convicting, and punishing the individual or indi-
viduals responsible for the act; and
‘‘(B) the extent to which the government
of the foreign country is cooperating in prevent-
ing further acts of terrorism against United
States citizens in the foreign country; and
‘‘(4) with respect to each foreign country from
which the United States Government has sought co-
operation during the previous five years in the pre-
vention of an act of international terrorism against
such citizens or interests, the information described
in paragraph (3)(B).’’; and
(2) in subsection (c)—
(A) by striking ‘‘The report’’ and inserting
‘‘(1) Except as provided in paragraph (2), the
report’’;
(B) by indenting the margin of paragraph
(1) as so designated, 2 ems; and
(C) by adding at the end the following:
‘‘(2) If the Secretary of State determines that
the transmittal of the information with respect to a
foreign country under paragraph (3) or (4) of sub-
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section (a) in classified form would make more likely
the cooperation of the government of the foreign
country as specified in such paragraph, the Sec-
retary may transmit the information under such
paragraph in classified form.’’.
FEMALE GENITAL MUTILATION
SEC. 579. (a) LIMITATION.—Beginning 1 year
after the date of the enactment of this Act, the Secretary
of the Treasury shall instruct the United States Execu-
tive Director of each international financial institution to
use the voice and vote of the United States to oppose any
loan or other utilization of the funds of their respective
institution, other than to address basic human needs, for
the government of any country which the Secretary of the
Treasury determines—
(1) has, as a cultural custom, a known history
of the practice of female genital mutilation; and
(2) has not taken steps to implement edu-
cational programs designed to prevent the practice
of female genital mutilation.
(B) DEFINITION.—For purposes of this section,
the term ‘‘international financial institution’’ shall in-
clude the institutions identified in section 532(b) of this
Act.
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REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN
REPORT OF SECRETARY OF STATE
SEC. 580. (a) FOREIGN AID REPORTING RE-
QUIREMENT.—In addition to the voting practices of a
foreign country, the report required to be submitted to
Congress under section 406(a) of the Foreign Relations
Authorization Act fiscal years 1990 and 1991 (22 U.S.C.
2414a), shall include a side-by-side comparison of indi-
vidual countries’ overall support for the United States at
the United Nations and the amount of United States as-
sistance provided to such country in fiscal year 1996.
(b) UNITED STATES ASSISTANCE.—For purposes
of this section, the term ‘‘United States assistance’’ has
the meaning given the term in section 481(e)(4) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO
UNITED NATIONS AGENCIES
SEC. 581. (a) PROHIBITION ON VOLUNTARY CON-
TRIBUTIONS FOR THE UNITED NATIONS.—None of the
funds appropriated or otherwise made available by this
Act may be made available to pay any voluntary con-
tribution of the United States to the United Nations (in-
cluding the United Nations Development Program) if the
United Nations implements or imposes any taxation on
any United States persons.
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(b) CERTIFICATION REQUIRED
FOR DISBURSE-
MENT OF FUNDS.—None of the funds appropriated or
otherwise made available under this Act may be made
available to pay any voluntary contribution of the United
States to the United Nations (including the United Na-
tions Development Program) unless the President cer-
tifies to the Congress 15 days in advance of such pay-
ment that the United Nations is not engaged in any ef-
fort to implement or impose any taxation on United
States persons in order to raise revenue for the United
Nations or any of its specialized agencies.
(c) DEFINITIONS.—As used in this section the
term ‘‘United States person’’ refers to—
(1) a natural person who is a citizen or national
of the United States; or
(2) a corporation, partnership, or other legal
entity organized under the United States or any
State, territory, possession, or district of the United
States.
HAITI
SEC. 582. The Government of Haiti shall be eligi-
ble to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.), for
the civilian-led Haitian National Police and Coast Guard:
Provided, That the authority provided by this section
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shall be subject to the regular notification procedures of
the Committees on Appropriations.
REFUGEE STATUS FOR ADULT CHILDREN OF FORMER VI-
ETNAMESE REEDUCATION CAMP INTERNEES RESET-
TLED UNDER THE ORDERLY DEPARTURE PROGRAM
SEC. 584. (a) ELIGIBILITY FOR ORDERLY DEPAR-
TURE PROGRAM.—For purposes of eligibility for the Or-
derly Departure Program for nationals of Vietnam, dur-
ing fiscal year 1997, an alien described in subsection (b)
shall be considered to be a refugee of special humani-
tarian concern to the United States within the meaning
of section 207 of the Immigration and Nationality Act (8
U.S.C. 1157) and shall be admitted to the United States
for resettlement if the alien would be admissible as an
immigrant under the Immigration and Nationality Act
(except as provided in section 207(c)(3) of that Act).
(b) ALIENS COVERED.—An alien described in this
subsection is an alien who—
(1) is the son or daughter of a national of Viet-
nam who—
(A) was formerly interned in a reeducation
camp in Vietnam by the Government of the So-
cialist Republic of Vietnam; and
(B) has been accepted for resettlement as
a refugee under the Orderly Departure Pro-
gram on or after April 1, 1995;
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(2) is 21 years of age or older; and
(3) was unmarried as of the date of acceptance
of the alien’s parent for resettlement under the Or-
derly Departure Program.
(c) SUPERSEDES EXISTING LAW.—This section
supersedes any other provision of law.
NORTH KOREA
SEC. 585. Ninety days after the date of enactment
of this Act, and every 180 days thereafter, the Secretary
of State, in consultation with the Secretary of Defense,
shall provide a report in a classified or unclassified form
to the Committee on Appropriations including the follow-
ing information:
(a) a best estimate on fuel used by the military
forces of the Democratic People’s Republic of Korea
(DPRK);
(b) the deployment position and military train-
ing and activities of the DPRK forces and best esti-
mate of the associated costs of these activities;
(c) steps taken to reduce the DPRK level of
forces; and
(d) cooperation, training, or exchanges of infor-
mation, technology or personnel between the DPRK
and any other nation supporting the development or
deployment of a ballistic missile capability.
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LIMITATION ON ASSISTANCE TO MEXICO
SEC. 587. Not less than $2,500,000 of the funds
appropriated or otherwise made available by this Act for
the Government of Mexico shall be withheld from obliga-
tion until the President has determined and reported to
Congress that—
(1) the Government of Mexico is taking actions
to reduce the amount of illegal drugs entering the
United States from Mexico; and
(2) the Government of Mexico—
(A) is taking effective actions to apply vig-
orously all law enforcement resources to inves-
tigate, track, capture, incarcerate, and pros-
ecute individuals controlling, supervising, or
managing international narcotics cartels or
other similar entities and the accomplices of
such individuals, individuals responsible for, or
otherwise involved in, corruption, and individ-
uals involved in money-laundering;
(B) is pursuing international anti-drug
trafficking initiatives;
(C) is cooperating fully with international
efforts at narcotics interdiction; and
(D) is cooperating fully with requests by
the United States for assistance in investiga-
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tions of money-laundering violations and is
making progress toward implementation of ef-
fective laws to prohibit money-laundering.
LIMITATION OF ASSISTANCE TO TURKEY
SEC. 588. Not more than $22,000,000 of the
funds appropriated in this Act under the heading ‘‘Eco-
nomic Support Fund’’ may be made available to the Gov-
ernment of Turkey.
CIVIL LIABILITY FOR ACTS OF STATE SPONSORED
TERRORISM
SEC. 589. (a) an official, employee, or agent of a
foreign state designated as a state sponsor of terrorism
designated under section 6(j) of the Export Administra-
tion Act of 1979 while acting within the scope of his or
her office, employment, or agency shall be liable to a
United States national or the national’s legal representa-
tive for personal injury or death caused by acts of that
official, employee, or agent for which the courts of the
United States may maintain jurisdiction under section
1605(a)(7) of title 28, United States Code, for money
damages which may include economic damages, solatium,
pain, and suffering, and punitive damages if the acts
were among those described in section 1605(a)(7).
(b) Provisions related to statute of limitations and
limitations on discovery that would apply to an action
brought under 28 U.S.C. 1605(f) and (g) shall also apply
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to actions brought under this section. No action shall be
maintained under this action if an official, employee, or
agent of the United States, while acting within the scope
of his or her office, employment, or agency would not be
liable for such acts if carried out within the United
States.
Titles I through V of this Act may be cited as the
‘‘Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997’’.
TITLE VI—NATO ENLARGEMENT FACILITATION
ACT OF 1996
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘NATO Enlarge-
ment Facilitation Act of 1996’’.
SEC. 602. FINDINGS.
The Congress makes the following findings:
(1) Since 1949, the North Atlantic Treaty Or-
ganization (NATO) has played an essential role in
guaranteeing the security, freedom, and prosperity
of the United States and its partners in the Alliance.
(2) The NATO Alliance is, and has been since
its inception, purely defensive in character, and it
poses no threat to any nation. The enlargement of
the NATO Alliance to include as full and equal
members emerging democracies in Central and East-
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ern Europe will serve to reinforce stability and secu-
rity in Europe by fostering their integration into the
structures which have created and sustained peace
in Europe since 1945. Their admission into NATO
will not threaten any nation. America’s security,
freedom, and prosperity remain linked to the secu-
rity of the countries of Europe.
(3) The sustained commitment of the member
countries of NATO to a mutual defense has made
possible the democratic transformation of Central
and Eastern Europe. Members of the Alliance can
and should play a critical role in addressing the se-
curity challenges of the post-Cold War era and in
creating the stable environment needed for those
emerging democracies in Central and Eastern Eu-
rope to successfully complete political and economic
transformation.
(4) The United States continues to regard the
political independence and territorial integrity of all
emerging democracies in Central and Eastern Eu-
rope as vital to European peace and security.
(5) The active involvement by the countries of
Central and Eastern Europe has made the Partner-
ship for Peace program an important forum to fos-
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ter cooperation between NATO and those countries
seeking NATO membership.
(6) NATO has enlarged its membership on 3
different occasions since 1949.
(7) Congress supports the admission of quali-
fied new members to NATO and the European
Union at an early date and has sought to facilitate
the admission of qualified new members into NATO.
(8) Lasting security and stability in Europe re-
quires not only the military integration of emerging
democracies in Central and Eastern Europe into ex-
isting European structures, but also the eventual
economic and political integration of these countries
into existing European structures.
(9) As new members of NATO assume the re-
sponsibilities of Alliance membership, the costs of
maintaining stability in Europe should be shared
more widely. Facilitation of the enlargement process
will require current members of NATO, and the
United States in particular, to demonstrate the po-
litical will needed to build on successful ongoing pro-
grams such as the Warsaw Initiative and the Part-
nership for Peace by making available the resources
necessary to supplement efforts prospective new
members are themselves undertaking.
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(10) New members will be full members of the
Alliance, enjoying all rights and assuming all the ob-
ligations under the North Atlantic Treaty, signed at
Washington on April 4, 1949 (hereafter in this Act
referred to as the ‘‘Washington Treaty’’).
(11) In order to assist emerging democracies in
Central and Eastern Europe that have expressed in-
terest in joining NATO to be prepared to assume
the responsibilities of NATO membership, the Unit-
ed States should encourage and support efforts by
such countries to develop force structures and force
modernization priorities that will enable such coun-
tries to contribute to the full range of NATO mis-
sions, including, most importantly, territorial defense
of the Alliance.
(12) Cooperative regional peacekeeping initia-
tives involving emerging democracies in Central and
Eastern Europe that have expressed interest in join-
ing NATO, such as the Baltic Peacekeeping Battal-
ion, the Polish-Lithuanian Joint Peacekeeping
Force, and the Polish-Ukrainian Peacekeeping
Force, can make an important contribution to Euro-
pean peace and security and international peace-
keeping efforts, can assist those countries preparing
to assume the responsibilities of possible NATO
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membership, and accordingly should receive appro-
priate support from the United States.
(13) NATO remains the only multilateral secu-
rity organization capable of conducting effective
military operations and preserving security and sta-
bility of the Euro-Atlantic region.
(14) NATO is an important diplomatic forum
and has played a positive role in defusing tensions
between members of the Alliance and, as a result, no
military action has occurred between two Alliance
member states since the inception of NATO in 1949.
(15) The admission to NATO of emerging de-
mocracies in Central and Eastern Europe which are
found to be in a position to further the principles of
the Washington Treaty would contribute to inter-
national peace and enhance the security of the re-
gion. Countries which have become democracies and
established market economies, which practice good
neighborly relations, and which have established ef-
fective democratic civilian control over their defense
establishments and attained a degree of interoper-
ability with NATO, should be evaluated for their po-
tential to further the principles of the Washington
Treaty.
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(16) Democratic civilian control of defense
forces is an essential element in the process of prep-
aration for those states interested in possible NATO
membership.
(17) Protection and promotion of fundamental
freedoms and human rights is an integral aspect of
genuine security, and in evaluating requests for
membership in NATO, the human rights records of
the emerging democracies in Central and Eastern
Europe should be evaluated according to their com-
mitments to fulfill in good faith the human rights
obligations of the Charter of the United Nations, the
principles of the Universal Declaration on Human
Rights, and the Helsinki Final Act.
(18) A number of Central and Eastern Euro-
pean countries have expressed interest in NATO
membership, and have taken concrete steps to dem-
onstrate this commitment, including their participa-
tion in Partnership for Peace activities.
(19) The Caucasus region remains important
geographically and politically to the future security
of Central Europe. As NATO proceeds with the
process of enlargement, the United States and
NATO should continue to examine means to
strengthen the sovereignty and enhance the security
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of United Nations recognized countries in that re-
gion.
(20) In recognition that not all countries which
have requested membership in NATO will nec-
essarily qualify at the same pace, the accession date
for each new member will vary.
(21) The provision of additional NATO transi-
tion assistance should include those emerging de-
mocracies most ready for closer ties with NATO and
should be designed to assist other countries meeting
specified criteria of eligibility to move forward to-
ward eventual NATO membership.
(22) The Congress of the United States finds in
particular that Poland, Hungary, and the Czech Re-
public have made significant progress toward achiev-
ing the criteria set forth in section 203(d)(3) of the
NATO Participation Act of 1994 and should be eli-
gible for the additional assistance described in this
Act.
(23) The evaluation of future membership in
NATO for emerging democracies in Central and
Eastern Europe should be based on the progress of
those nations in meeting criteria for NATO member-
ship, which require enhancement of NATO’s security
and the approval of all NATO members.
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(24) The process of NATO enlargement entails
the consensus agreement of the governments of all
16 NATO members and ratification in accordance
with their constitutional procedures.
(25) Some NATO members, such as Spain and
Norway, do not allow the deployment of nuclear
weapons on their territory although they are ac-
corded the full collective security guarantees pro-
vided by Article 5 of the Washington Treaty. There
is no a priori requirement for the stationing of nu-
clear weapons on the territory of new NATO mem-
bers, particularly in the current security climate.
However, NATO retains the right to alter its secu-
rity posture at any time as circumstances warrant.
SEC. 603. UNITED STATES POLICY.
It is the policy of the United States—
(1) to join with the NATO allies of the United
States to adapt the role of the NATO Alliance in the
post-Cold War world;
(2) to actively assist the emerging democracies
in Central and Eastern Europe in their transition so
that such countries may eventually qualify for
NATO membership;
(3) to support the enlargement of NATO in rec-
ognition that enlargement will benefit the interests
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of the United States and the Alliance and to con-
sider these benefits in any analysis of the costs of
NATO enlargement;
(4) to ensure that all countries in Central and
Eastern Europe are fully aware of and capable of
assuming the costs and responsibilities of NATO
membership, including the obligation set forth in Ar-
ticle 10 of the Washington Treaty that new members
be able to contribute to the security of the North At-
lantic area; and
(5) to work to define a constructive and cooper-
ative political and security relationship between an
enlarged NATO and the Russian Federation.
SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER
ENLARGEMENT OF NATO.
It is the sense of the Congress that in order to
promote economic stability and security in Slovakia, Es-
tonia, Latvia, Lithuania, Romania, Bulgaria, Albania,
Moldova, and Ukraine—
(1) the United States should continue and ex-
pand its support for the full and active participation
of these countries in activities appropriate for quali-
fying for NATO membership;
(2) the United States Government should use
all diplomatic means available to press the European
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Union to admit as soon as possible any country
which qualifies for membership;
(3) the United States Government and the
North Atlantic Treaty Organization should continue
and expand their support for military exercises and
peacekeeping initiatives between and among these
nations, nations of the North Atlantic Treaty Orga-
nization, and Russia; and
(4) the process of enlarging NATO to include
emerging democracies in Central and Eastern Eu-
rope should not be limited to consideration of admit-
ting Poland, Hungary, the Czech Republic, and Slo-
venia as full members of the NATO Alliance.
SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA,
LATVIA AND LITHUANIA.
In view of the forcible incorporation of Estonia,
Latvia, Lithuania into the Soviet Union in 1940 under
the Molotov-Ribbentrop Pact and the refusal of the Unit-
ed States and other countries to recognize that incorpora-
tion for over 50 years, it is the sense of the Congress
that—
(1) Estonia, Latvia, and Lithuania have valid
historical security concerns that must be taken into
account by the United States; and
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(2) Estonia, Latvia, and Lithuania should not
be disadvantaged in seeking to join NATO by virtue
of their forcible incorporation into the Soviet Union.
SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR
NATO ENLARGEMENT ASSISTANCE.
(a) IN GENERAL.—The following countries are
designated as eligible to receive assistance under the pro-
gram established under section 203(a) of the NATO Par-
ticipation Act of 1994 and shall be deemed to have been
so designated pursuant to section 203(d)(1) of such Act:
Poland, Hungary, and the Czech Republic.
(b) DESIGNATION
OF SLOVENIA.—Effective 90
days after the date of enactment of this Act, Slovenia is
designated as eligible to receive assistance under the pro-
gram established under section 203(a) of the NATO Par-
ticipation Act of 1994, and shall be deemed to have been
so designated pursuant to section 203(d) of such Act, un-
less the President certifies to Congress prior to such ef-
fective date that Slovenia fails to meet the criteria under
section 203(d)(3) of such Act.
(c) DESIGNATION OF OTHER COUNTRIES.—The
President shall designate other emerging democracies in
Central and Eastern Europe as eligible to receive assist-
ance under the program established under section 203(a)
of such Act if such countries—
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(1) have expressed a clear desire to join NATO;
(2) have begun an individualized dialogue with
NATO in preparation for accession;
(3) are strategically significant to an effective
NATO defense; and
(4) meet the other criteria outlined in section
203(d)(3) of the NATO Participation Act of 1994
(title II of Public Law 103–447; 22 U.S.C. 1928
note).
(d) RULE OF CONSTRUCTION.—Nothing in this
section precludes the designation by the President of Es-
tonia, Latvia, Lithuania, Romania, Slovakia, Bulgaria,
Albania, Moldova, Ukraine, or any other emerging de-
mocracy in Central and Eastern Europe pursuant to sec-
tion 203(d) of the NATO Participation Act of 1994 as
eligible to receive assistance under the program estab-
lished under section 203(a) of such Act.
SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO
ENLARGEMENT ASSISTANCE.
(a) IN GENERAL.—There are authorized to be ap-
propriated $60,000,000 for fiscal year 1997 for the pro-
gram established under section 203(a) of the NATO Par-
ticipation Act of 1994.
(b) AVAILABILITY.—Of the funds authorized to be
appropriated by subsection (a)—
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(1) not less than $20,000,000 shall be available
for the cost, as defined in section 502(5) of the
Credit Reform Act of 1990, of direct loans pursuant
to the authority of section 203(c)(4) of the NATO
Participation Act of 1994 (relating to the ‘‘Foreign
Military Financing Program’’);
(2) not less than $30,000,000 shall be available
for assistance on a grant basis pursuant to the au-
thority of section 203(c)(4) of the NATO Participa-
tion Act of 1994 (relating to the ‘‘Foreign Military
Financing Program’’); and
(3) not more than $10,000,000 shall be avail-
able for assistance pursuant to the authority of sec-
tion 203(c)(3) of the NATO Participation Act of
1994 (relating to international military education
and training).
(c) RULE OF CONSTRUCTION.—Amounts author-
ized to be appropriated under this section are authorized
to be appropriated in addition to such amounts as other-
wise may be available for such purposes.
SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNER-
SHIP FOR PEACE INFORMATION MANAGE-
MENT SYSTEM.
(a) IN GENERAL.—To the extent provided in ad-
vance in appropriations acts for such purposes, funds de-
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scribed in subsection (b) are authorized to be made avail-
able to support the implementation of the Regional Air-
space Initiative and the Partnership for Peace Informa-
tion Management System, including—
(1) the procurement of items in support of
these programs; and
(2) the transfer of such items to countries par-
ticipating in these programs.
(b) FUNDS DESCRIBED.—Funds described in this
subsection are funds that are available—
(1) during any fiscal year under the NATO
Participation Act of 1994 with respect to countries
eligible for assistance under that Act; or
(2) during fiscal year 1997 under any Act to
carry out the Warsaw Initiative.
SEC. 609. EXCESS DEFENSE ARTICLES.
(a) PRIORITY DELIVERY.—Notwithstanding any
other provision of law, the delivery of excess defense arti-
cles under the authority of section 203(c) (1) and (2) of
the NATO Participation Act of 1994 and section 516 of
the Foreign Assistance Act of 1961 shall be given prior-
ity to the maximum extent feasible over the delivery of
such excess defense articles to all other countries except
those countries referred to in section 541 of the Foreign
Operations, Export Financing, and Related Programs
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Appropriations Act, 1995 (Public Law 103–306; 108
Stat. 1640).
(b) COOPERATIVE REGIONAL PEACEKEEPING INI-
TIATIVES.—The Congress encourages the President to
provide excess defense articles and other appropriate as-
sistance to cooperative regional peacekeeping initiatives
involving emerging democracies in Central and Eastern
Europe that have expressed an interest in joining NATO
in order to enhance their ability to contribute to Euro-
pean peace and security and international peacekeeping
efforts.
SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.
The Congress endorses efforts by the United
States to modernize the defense capability of Poland,
Hungary, the Czech Republic, Slovenia, and any other
countries designated by the President pursuant to section
203(d) of the NATO Participation Act of 1994, by ex-
ploring with such countries options for the sale or lease
to such countries of weapons systems compatible with
those used by NATO members, including air defense sys-
tems, advanced fighter aircraft, and telecommunications
infrastructure.
SEC. 611. TERMINATION OF ELIGIBILITY.
(a) TERMINATION
OF ELIGIBILITY.—The eligi-
bility of a country designated pursuant to subsection (a)
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in its annual reports to the Congress such information
as it shall deem advisable with regard to the operations
and effect of this section.
SEC. 710. TECHNICAL AMENDMENTS.
(a) ANNUAL REPORT REQUIRED ON PARTICIPA-
TION OF THE UNITED STATES IN THE BANK.—Section
1701(c)(2) of the International Financial Institutions Act
(22 U.S.C. 262r(c)(2)) is amended by inserting ‘‘Bank
for Economic Cooperation and Development in the Mid-
dle East and North Africa,’’ after ‘‘Inter-American De-
velopment Bank’’.
(b) EXEMPTION
FROM LIMITATIONS
AND RE-
STRICTIONS ON POWER OF NATIONAL, BANKING ASSO-
CIATIONS TO DEAL IN AND UNDERWRITE INVESTMENT
SECURITIES OF THE BANK.—The seventh sentence of
paragraph 7 of section 5136 of the Revised Statutes of
the United States (12 U.S.C. 24) is amended by insert-
ing ‘‘Bank for Economic Cooperation and Development
in the Middle East and North Africa,’’ after ‘‘the Inter-
American Development Bank’’.
(c) BENEFITS
FOR UNITED STATES CITIZEN-
REPRESENTATIVES TO THE BANK.—Section 51 of Public
Law 91–599 (22 U.S.C. 276c–2) is amended by inserting
‘‘the Bank for Economic Cooperation and Development