H. R. 1561—86
to exorbitant demands by North Korea for financial com-
pensation; and
(E) achieving credible assurances and intelligence con-
firmation that North Korea has ended its participation
in and support of international terrorism.
(d) RESTRICTIONS ON ASSISTANCE TO NORTH KOREA AND THE
KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION.—
(1) IN
GENERAL.—Chapter 1 of part III of the Foreign
Assistance Act of 1961 (22 U.S.C. 2370 et seq.) is amended
by adding at the end the following new section:
‘‘SEC. 620G. ASSISTANCE TO NORTH KOREA AND THE KOREAN PENIN-
SULA ENERGY DEVELOPMENT ORGANIZATION.
‘‘(a) LIMITATION.—No assistance may be provided under this
Act or any other provision of law to North Korea or the Korean
Peninsula Energy Development Organization unless—
‘‘(1) such assistance is provided in accordance with all
requirements, limitations, and procedures otherwise applicable
to the provision of such assistance for such purposes; and
‘‘(2) the President—
‘‘(A) notifies the congressional committees specified in
section 634A(a) of this Act prior to the obligation of such
assistance in accordance with the procedures applicable
to reprogramming notifications under that section, irrespec-
tive of the amount of the proposed obligation of such assist-
ance; and
‘‘(B) determines and reports to such committees that
the provision of such assistance is vital to the national
security of the United States.
‘‘(b) EXCEPTION.—The requirement of subsection (a)(2)(B) shall
not apply with respect to assistance authorized to be appropriated
and appropriated for North Korea or the Korean Peninsula Energy
Development Organization.’’.
(2) EFFECTIVE DATE.—Section 620G of the Foreign Assist-
ance Act of 1961, as added by subsection (a), applies with
respect to assistance provided to North Korea or the Korean
Peninsula Energy Development Organization on or after the
date of the enactment of this Act.
SEC. 1608. INTERNATIONAL CRIMINAL COURT PARTICIPATION.
(a) IN GENERAL.—The United States may not participate in
an international criminal court with jurisdiction over crimes of
an international character except to the extent and in the manner
authorized—
(1) by a treaty entered into in accordance with Article
II, section 2, clause 2 of the Constitution; or
(2) by a law enacted in accordance with Article I, section
7 of the Constitution.
(b) DEFINITIONS.—As used in subsection (a)—
(1) the term ‘‘participate’’ means consent to the jurisdiction
of, recognize the validity of the decisions of, or extradite or
otherwise render suspects to, an international criminal court
with jurisdiction over crimes of an international character; and
(2) the term ‘‘international criminal court with jurisdiction
over crimes of an international character’’ does not include
any international war crimes tribunal established prior to the
date of enactment of this Act.
H. R. 1561—87
SEC. 1609. PROHIBITION ON THE TRANSFER OF ARMS TO INDONESIA.
Consistent with section 582 of the Foreign Operations Export
Financing and Related Programs Appropriations Act, 1995 (Public
Law 103–306), the United States is prohibited from selling or licens-
ing for export to the Government of Indonesia light arms, small
weapons, and crowd control ordnances, including helicopter-
mounted equipment, until the Secretary of State determines and
reports to the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of Rep-
resentatives that there has been significant progress made on
human rights in East Timor and elsewhere in Indonesia, including—
(1) compliance with the recommendations in the United
Nations Special Rapporteur’s January 1992 report and the
March 1993 recommendations of the United Nations Human
Rights Commission;
(2) significant reduction in Indonesia’s troop presence in
East Timor;
(3) thorough and impartial investigation of gangs and vio-
lent civilian groups operating in East Timor;
(4) improved access to East Timor for Indonesian and inter-
national human rights and humanitarian organizations and
journalists, including the deployment of United Nations human
rights monitors if so requested;
(5) constructive participation in the United Nations Sec-
retary General’s efforts to resolve the status of East Timor;
and
(6) greater local control over political, economic, and cul-
tural affairs, with an aim toward resolving the future status
of East Timor.
SEC. 1610. BOSNIA AND HERZEGOVINA SELF-DEFENSE FUND.
(a) AUTHORITY FOR ESTABLISHMENT.—
(1) Subject to the other provisions of this section, the Presi-
dent is authorized to enter into an international agreement
with eligible countries for the establishment of a fund to assist
the self-defense of Bosnia and Herzegovina, which may be
known as the ‘‘Multilateral Bosnia and Herzegovina Self-
Defense Fund’’.
(2) The Secretary of State is authorized to transfer to
the custody of the international board having responsibility
for the Fund defense articles from the stocks of the Department
of Defense and defense services of the Department of Defense
transferred or available for transfer pursuant to section 540
of the Foreign Operations, Export Financing, and Related Pro-
grams Appropriations Act, 1996 (Public Law 104–107), or
pursuant to any similar provision of law.
(b) PURPOSE.—The purpose of the Fund shall be to provide
an international mechanism for the procurement of military equip-
ment and training for transfer to the Government of Bosnia and
Herzegovina for the exercise of its right to self-defense under Article
51 of the United Nations Charter, and to facilitate the achievement
of a lasting peace by enabling the Government of Bosnia and
Herzegovina to protect its population and territory.
(c) REQUIREMENTS.—An agreement referred to in subsection
(a) shall meet the following requirements:
H. R. 1561—88
(1) UNITED STATES REPRESENTATION.—The United States
will chair any international board having responsibility for
the Fund.
(2) CONTROL OF MILITARY EQUIPMENT.—The agreement will
provide procedures for the control of military equipment
received by the international board having responsibility for
the Fund.
(3) COMMITMENT
BY
THE
GOVERNMENT
OF
BOSNIA
AND
HERZEGOVINA.—Before any military equipment or training pur-
chased or otherwise acquired through the Fund, or held by
the international board responsible for the Fund, may be trans-
ferred to the Government of Bosnia and Herzegovina, that
Government will provide written assurances that the equipment
or training will not be used to take reprisals against any
civilians.
(d) REPORT ON EFFORTS TO ENABLE THE FEDERATION OF BOSNIA
AND HERZEGOVINA TO PROVIDE FOR ITS OWN DEFENSE.—Within
30 days after the date of the enactment of this Act, the President
shall submit a detailed report to the Congress on the administra-
tion’s plan to assist the Federation of Bosnia to provide for its
own defense, including the role of the United States and other
countries in providing such assistance. Such report shall include
an evaluation of the defense needs of the Federation of Bosnia
and Herzegovina, including, to the maximum extent possible—
(1) the types and quantities of arms, spare parts, and
logistics support required to establish a stable military balance
prior to the withdrawal of United States Armed Forces;
(2) the nature and scope of training to be provided;
(3) a detailed description of the past, present, and future
United States role in ensuring that the Federation of Bosnia
and Herzegovina is provided as rapidly as possible with equip-
ment, training, arms, and related logistic assistance of the
highest possible quality;
(4) administration plans to use existing military drawdown
authority and other assistance authorities pursuant to this
section; and
(5) specific or anticipated commitments by third countries
to provide arms, equipment, or training to the Federation of
Bosnia and Herzegovina.
The report shall be submitted in unclassified form, but may contain
a classified annex.
(e) DEFINITIONS.—As used in this section:
(1) ELIGIBLE
COUNTRIES.—The term ‘‘eligible countries’’
includes any foreign country other than a country the govern-
ment of which the Secretary of State has determined, in accord-
ance with section 6(j)(1)(A) of the Export Administration Act
of 1979, repeatedly provides support for acts of international
terrorism.
(2) FUND.—The term ‘‘Fund’’ means the fund established
as provided in subsection (a).
(3) GOVERNMENT OF BOSNIA AND HERZEGOVINA.—The term
‘‘Government of Bosnia and Herzegovina’’ includes any agency,
instrumentality, or forces of the Government of Bosnia and
Herzegovina.
(f) STATUTORY CONSTRUCTION.—Nothing in this section shall
be interpreted as authorization for the deployment of United States
H. R. 1561—89
forces in the territory of Bosnia and Herzegovina for any purpose,
including training, support, or delivery of military equipment.
SEC. 1611. REPORTS TO CONGRESS ON ASPECTS OF IMPLEMENTATION
OF THE GENERAL FRAMEWORK AGREEMENT.
(a) MILITARY ASPECTS.—Thirty days after the date of the enact-
ment of this Act, and at least once every 60 days thereafter until
all United States Armed Forces are withdrawn from Bosnia and
Herzegovina, the President shall submit to the Congress a report
on the status of the deployment of United States Armed Forces
in Bosnia and Herzegovina, including a detailed description of the
following:
(1) Criteria for determining success for the deployment.
(2) The military mission and objectives.
(3) Milestones for measuring progress in achieving the
mission and objectives.
(4) Command arrangements for United States Armed
Forces.
(5) The rules of engagement for United States Armed
Forces.
(6) The multilateral composition of forces in Bosnia and
Herzegovina.
(7) The status of compliance by all parties with the General
Framework Agreement and associated Annexes, including Arti-
cle III of Annex 1–A concerning the withdrawal of foreign
forces from Bosnia and Herzegovina.
(8) All incremental costs of the Department of Defense
and any costs incurred by other Federal agencies, for the deploy-
ment of United States Armed Forces in Bosnia and
Herzegovina, including support for the NATO Implementation
Force.
(9) The exit strategy to provide for complete withdrawal
of United States Armed Forces in the NATO Implementation
Force, including an estimated date of completion.
(10) A description of progress toward enabling the Federa-
tion of Bosnia and Herzegovina to provide for its own defense.
Reports under this section shall include a description of any changes
in the areas listed in paragraphs (1) through (10) since the previous
report, if applicable. Reports shall be submitted in unclassified
form, but may contain a classified annex.
(b) NONMILITARY ASPECTS.—Thirty days after the date of the
enactment of this Act, and at least once every 60 days thereafter,
until all United States Armed Forces withdraw from Bosnia and
Herzegovina, the President shall submit to the Congress a report
on the following:
(1) The status of implementation of nonmilitary aspects
of the General Framework Agreement and associated Annexes,
especially Annex 10 on Civilian Implementation, and of efforts,
which are separate from the Implementation Force, by the
United States and other countries to support implementation
of the nonmilitary aspects. Such report shall include a detailed
description of—
(A) progress toward conducting of elections;
(B) the status of refugees and displaced persons;
(C) humanitarian and reconstruction efforts;