H. R. 1868—38
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 547. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the
United States not authorized before the date of enactment of this
Act by the Congress: Provided, 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. 548. To the maximum extent possible, assistance provided
under this Act should make full use of American resources, includ-
ing commodities, products, and services.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 549. 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. 550. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant 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 otherwise
provided under existing law, or under existing Executive order
pursuant to existing law.
PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION
SEC. 551. 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 docu-
ment, file, or record necessary to the auditing requirements of
the Agency for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EX-
PORT
LETHAL
MILITARY
EQUIPMENT
TO
COUNTRIES
SUPPORTING
INTERNATIONAL TERRORISM
SEC. 552. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign govern-
ment which provides lethal military equipment to a country the
government of which the Secretary 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 equipment 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 President determines
that furnishing such assistance is important to the national
interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional committees
H. R. 1868—39
a report with respect to the furnishing 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. 553. (a) IN GENERAL.—Of the funds made available for
a foreign country under part I of the Foreign 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 ‘‘appro-
priate congressional committees’’ means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND
GAZA
SEC. 554. None of the funds appropriated by this Act may
be obligated for assistance for the Palestine Liberation Organization
for the West Bank and Gaza unless the President has exercised
the authority under section 583(a) of the Middle East Peace Facilita-
tion Act of 1994 (part E of title V of Public Law 103–236) or
any other legislation to suspend or make inapplicable section 307
of the Foreign Assistance Act of 1961 and that suspension is still
in effect: Provided, That if the President fails to make the certifi-
cation under section 583(b)(2) of the Middle East Peace Facilitation
Act or to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance for
the Palestine Liberation Organization for the West Bank and Gaza.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 555. Not to exceed 5 percent of any appropriation other
than for administrative expenses made available for fiscal year
1996 for programs under title I of this Act may be transferred
between such appropriations for use for any of the purposes, pro-
grams and activities for which the funds in such receiving account
may be used, but no such appropriation, except as otherwise specifi-
cally 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 notification procedures of the
Committees on Appropriations.
WAR CRIMES TRIBUNALS
SEC. 556. If the President determines that doing so will contrib-
ute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the authority of sec-
tion 552(c) of the Foreign Assistance Act of 1961, as amended,
H. R. 1868—40
may be used to provide up to $25,000,000 of commodities and
services to 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): Pro-
vided 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 Committees on Appropriations describing
the steps the United States Government is taking to collect informa-
tion regarding allegations of genocide or other violations of inter-
national law in the former Yugoslavia and to furnish that informa-
tion to the United Nations War Crimes Tribunal for the former
Yugoslavia.
NONLETHAL EXCESS DEFENSE ARTICLES
SEC. 557. Notwithstanding section 519(f) of the Foreign Assist-
ance Act of 1961, during fiscal year 1996, funds available to the
Department of Defense may be expended for crating, packing, han-
dling and transportation of nonlethal excess defense articles trans-
ferred under the authority of section 519 to countries eligible to
participate in the Partnership for Peace and to receive assistance
under Public Law 101–179.
LANDMINES
SEC. 558. Notwithstanding any other provision of law, demining
equipment available to any department or agency and used in
support of the clearing of landmines for humanitarian purposes
may be disposed of on a grant basis in foreign countries, subject
to such terms and conditions as the President may prescribe: Pro-
vided, 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 four-year period
beginning on October 23, 1992’’ and inserting in lieu thereof ‘‘During
the five-year period beginning on October 23, 1992’’.
CLARIFICATION OF RESTRICTIONS
SEC. 559. (a) IN GENERAL.—Section 620E of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2375) is amended—
(1) in subsection (e)—
(A) by striking the words ‘‘No assistance’’ and inserting
the words ‘‘No military assistance’’;
(B) by striking the words ‘‘in which assistance is to
be furnished or military equipment or technology’’ and
inserting the words ‘‘in which military assistance is to
be furnished or military equipment or technology’’;
(C) by striking the words ‘‘the proposed United States
assistance’’ and inserting the words ‘‘the proposed United
States military assistance’’;
(D) by inserting ‘‘(1)’’ immediately after ‘‘(e)’’; and
(E) by adding the following new paragraphs:
‘‘(2) The prohibitions in this section do not apply to any
assistance or transfer provided for the purposes of:
H. R. 1868—41
‘‘(A) International narcotics control (including chapter
8 of part I of this Act) or any provision of law available
for providing assistance for counternarcotics purposes.
‘‘(B) Facilitating military-to-military contact, training
(including chapter 5 of part II of this Act) and humanitarian
and civic assistance projects.
‘‘(C) Peacekeeping and other multilateral operations
(including chapter 6 of part II of this Act relating to peace-
keeping) or any provision of law available for providing
assistance for peacekeeping purposes, except that lethal
military equipment provided under this subparagraph shall
be provided on a lease or loan basis only and shall be
returned upon completion of the operation for which it
was provided.
‘‘(D) Antiterrorism assistance (including chapter 8 of
part II of this Act relating to antiterrorism assistance)
or any provision of law available for antiterrorism assist-
ance purposes.
‘‘(3) The restrictions of this subsection shall continue to
apply to contracts for the delivery of F–16 aircraft to Pakistan.
‘‘(4) Notwithstanding the restrictions contained in this sub-
section, military equipment, technology, or defense services,
other than F–16 aircraft, may be transferred to Pakistan pursu-
ant to contracts or cases entered into before October 1, 1990.’’;
and
(2) by adding at the end the following new subsections:
‘‘(f) STORAGE COSTS.—The President may release the Govern-
ment of Pakistan of its contractual obligation to pay the United
States Government for the storage costs of items purchased prior
to October 1, 1990, but not delivered by the United States Govern-
ment pursuant to subsection (e) and may reimburse the Government
of Pakistan for any such amount paid, on such terms and conditions
as the President may prescribe: Provided, That such payments
have no budgetary impact.
‘‘(g) INAPPLICABILITY OF RESTRICTIONS TO PREVIOUSLY OWNED
ITEMS.—Section 620E(e) does not apply to broken, worn or
unupgraded items or their equivalent which Pakistan paid for and
took possession of prior to October 1, 1990 and which the Govern-
ment of Pakistan sent to the United States for repair or upgrade.
Such equipment or its equivalent may be returned to the Govern-
ment of Pakistan: Provided, That the President determines and
so certifies to the appropriate congressional committees that such
equipment or equivalent neither constitutes nor has received any
significant qualitative upgrade since being transferred to the United
States and that its total value does not exceed $25,000,000.
‘‘(h) BALLISTIC MISSILE SANCTIONS NOT AFFECTED.—Nothing
contained herein shall affect sanctions for transfers of missile equip-
ment or technology required under section 11B of the Export
Administration Act of 1979 or section 73 of the Arms Export Control
Act.’’.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 560. 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 Govern-
ment for the purpose of conducting official United States Govern-
ment business with the Palestinian Authority over Gaza and Jericho