visos contained under the heading ‘‘Sub-Saharan Africa,
Development Assistance’’ as included in the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1989 and sections 531(d) and 609 of the
Foreign Assistance Act of 1961.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) If assistance is made available to the government of
a foreign country, under chapters 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assist-
ance, that country shall be required to maintain such
funds in a separate account and not commingle them with
any other funds.
(2) APPLICABILITY
OF
OTHER
PROVISIONS
OF
LAW.—Such funds may be obligated and expended not-
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 Res-
olution 648 (H. Report No. 98–1159).
(3) NOTIFICATION.—At least fifteen days prior to ob-
ligating any such cash transfer or nonproject sector assist-
ance, the President shall submit a notification through the
regular notification procedures of the Committees on Ap-
propriations, which shall include a detailed description of
how the funds proposed to be made available 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 reforms that will be pro-
moted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds
may be exempt from the requirements of subsection (b)(1)
only through the notification procedures of the Commit-
tees on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE
DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 533. (a) No funds appropriated by this Act may
be made as payment to any international financial institu-
tion while the United States Executive Director to such
institution is compensated by the institution at a rate
which, together with whatever compensation such 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 institu-
tion at a rate in excess of the rate provided for an individ-
ual occupying a position at level V of the Executive Sched-
ule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ‘‘international finan-
cial institutions’’ are: the International Bank for Recon-
struction and Development, the Inter-American Develop-
ment Bank, the Asian Development Bank, the Asian De-
velopment Fund, the African Development Bank, the Afri-
can Development Fund, the International Monetary Fund,
the North American Development Bank, and the Euro-
pean Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 534. (a) DENIAL OF ASSISTANCE.—None of the
funds appropriated or otherwise made available pursuant
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
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 nationals who have fled
Iraq and Kuwait.
(b) IMPORT SANCTIONS.—If the President considers
that the taking of such action would promote the effective-
ness of the economic sanctions of the United Nations and
the United States imposed with respect to Iraq, Serbia,
or Montenegro, as the case may be, and is consistent with
the national interest, the President may prohibit, for such
a period of time as he considers appropriate, the importa-
tion into the United States of any or all products of any
foreign country that has not prohibited—
(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.
POW/MIA MILITARY DRAWDOWN
SEC. 535. (a) Notwithstanding any other provision
of law, the President may direct the drawdown, without
reimbursement by the recipient, of defense articles from
the stocks of the Department of Defense, defense services
of the Department of Defense, and military education and
training, of an aggregate value not to exceed $15,000,000
in fiscal year 1996, as may be necessary to carry out sub-
section (b).
(b) Such defense articles, services and training may
be provided to Vietnam, Cambodia and Laos, under sub-
section (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
engaged in such cooperative efforts and to support United
States Department of Defense-sponsored humanitarian
projects associated with the POW/MIA efforts. Any air-
craft shall be provided under this section only to Laos and
only on a lease or loan basis, but may be provided at no
cost notwithstanding section 61 of the Arms Export Con-
trol Act and may be maintained with defense articles, serv-
ices 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 subsection (a)
is exercised, submit a report to the Congress which identi-
fies the articles, services, and training drawn down under
this section.
MEDITERRANEAN EXCESS DEFENSE ARTICLES
SEC. 536. During fiscal year 1996, the provisions of
section 573(e) of the Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1990,
shall be applicable, for the period specified therein, to ex-
cess defense articles made available under sections 516
and 519 of the Foreign Assistance Act of 1961.
CASH FLOW FINANCING
SEC. 537. For each country that has been approved
for cash flow financing (as defined in section 25(d) of the
Arms Export Control Act, as added by section 112(b) of
Public Law 99–83) under the Foreign Military Financing
Program, any Letter of Offer and Acceptance or other
purchase agreement, or any amendment thereto, for a pro-
curement 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 submitted 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. 538. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropria-
tions for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities au-
thorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Develop-
ment Foundation Act. The appropriate agency shall
promptly report to the Committees on Appropriations
whenever it is conducting activities or is proposing to con-
duct activities in a country for which assistance is prohib-
ited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 539. 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
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-HERCEGOVINA
SEC. 540. (a) Congress finds as follows:
(1) The United Nations has imposed an embar-
go on the transfer of arms to any country on the
territory of the former Yugoslavia.
(2) The federated states of Serbia and
Montenegro have a large supply of military equip-
ment and ammunition and the Serbian forces fight-
ing the government of Bosnia-Hercegovina have
more than one thousand battle tanks, armored vehi-
cles, and artillery pieces.
(3) Because the United Nations arms embargo
is serving to sustain the military advantage of the
aggressor, the United Nations should exempt the
government of Bosnia-Hercegovina from its embar-
go.
(b) Pursuant to a lifting of the United Nations arms
embargo, or to a unilateral lifting of the arms embargo
by the President of the United States, against Bosnia-
Hercegovina, the President is authorized to transfer, sub-
ject to prior notification of the Committees on Appropria-
tions, to the government of that nation, without reim-
bursement, defense articles from the stocks of the Depart-
ment of Defense and defense services of the Department
of Defense of an aggregate value not to exceed
$100,000,000 in fiscal year 1996: Provided, That the
President certifies in a timely fashion to the Congress that
the transfer of such articles would assist that nation in
self-defense and thereby promote the security and stability
of the region.
(c) Within 60 days of any transfer under the author-
ity provided in subsection (b), and every 60 days there-
after, the President shall report in writing to the Speaker
of the House of Representatives and the President pro
tempore of the Senate concerning the articles transferred
and the disposition thereof.
(d) 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. 540A. (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;
(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 emer-
gency humanitarian needs or to achieve a negotiated set-
tlement of the conflict in Bosnia-Herzegovina that is ac-
ceptable to the parties.
(d) EXPANDED AUTHORITY.—Section 660(b) of the
Foreign Assistance Act of 1961 is amended—
(1) in paragraph (3), by striking ‘‘or’’;
(2) in paragraph (4), by striking the period at
the end thereof and inserting ‘‘; or’’;
(3) adding the following new paragraphs:
‘‘(5) with respect to assistance, including train-
ing, relating to sanctions monitoring and enforce-
ment;
‘‘(6) with respect to assistance provided to re-
constitute civilian police authority and capability in
the post-conflict restoration of host nation infra-
structure for the purposes of supporting a nation
emerging from instability, and the provision of pro-
fessional public safety training, to include training in
internationally recognized standards of human
rights, the rule of law, anti-corruption, and the pro-
motion of civilian police roles that support democ-
racy.’’.
SPECIAL AUTHORITIES
SEC. 541. (a) Funds appropriated in title II of this
Act that are made available for Afghanistan, Lebanon,
and Cambodia, and for victims of war, displaced children,
displaced Burmese, humanitarian assistance for Romania,
and humanitarian assistance for the peoples of Bosnia-
Hercegovina, Croatia, and Kosova, may be made available
notwithstanding any other provision of law: Provided,
That any such funds that are made available for Cam-
bodia shall be subject to the provisions of section 531(e)
of the Foreign Assistance Act of 1961 and section 906
of the International Security and Development Coopera-
tion Act of 1985: Provided further, That the President
shall terminate assistance to any country or organization
that he determines is cooperating, tactically or strategi-
cally, with the Khmer Rouge in their military operations,
or to the military of any country which the President de-
termines is not taking steps to prevent a pattern or prac-
tice of commercial relations between its members and the
Khmer Rouge.
(b) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106 of the Foreign As-
sistance Act of 1961 may be used, notwithstanding any
other provision of law, for the purpose of supporting tropi-
cal forestry and energy programs aimed at reducing emis-
sions of greenhouse gases, and for the purpose of support-
ing 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 1996, 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, notwithstanding any
other provision of law, for the purpose of administering
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
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 country;
(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 otherwise
made available by this Act for ‘‘Economic Support Fund’’,
assistance may be provided to strengthen the administra-
tion of justice in countries in Latin America and the Car-
ibbean in accordance with the provisions of section 534
of the Foreign Assistance Act of 1961, except that pro-
grams to enhance protection of participants in judicial
cases may be conducted notwithstanding section 660 of
that Act.
(b) Funds made available pursuant to this section
may be made available notwithstanding the third sentence
of section 534(e) of the Foreign Assistance Act of 1961.
Funds made available pursuant to subsection (a) for Bo-
livia, Colombia and Peru may be made available notwith-
standing 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 NONGOVERN-
MENTAL ORGANIZATIONS.—Restrictions contained 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 provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act
of 1961: Provided, That the President shall take into con-
sideration, in any case in which a restriction on assistance
would be applicable but for this subsection, whether assist-
ance in support of programs of nongovernmental organiza-
tions is in the national interest of the United States: Pro-
vided further, That before using the authority of this sub-
section to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify
the Committees on Appropriations under the regular noti-
fication procedures of those committees, including a de-
scription of the program to be assisted, the assistance to
be provided, and the reasons for furnishing such assist-
ance: Provided further, That nothing in this subsection
shall be construed to alter any existing statutory prohibi-
tions against abortion or involuntary sterilizations con-
tained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 1996, re-
strictions contained in this or any other Act with respect
to assistance for a country shall not be construed to re-
strict assistance under the Agricultural Trade Develop-
ment 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
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 impossible by oper-
ation 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 sig-
nificantly reduced its military or economic cooperation
with the United States since enactment of the Foreign Op-
erations, Export Financing, and Related Programs Appro-
priations Act, 1991; however, before exercising the author-
ity of this subsection with regard to a base rights or base
access country which has significantly reduced its military
or economic cooperation with the United States, the Presi-
dent shall consult with, and shall provide a written policy
justification to the Committees on Appropriations: Pro-
vided, That any such reprogramming shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as origi-
nally 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 par-
ticular programs or activities by this or any other Act shall
be extended for an additional fiscal year if the Adminis-
trator 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 cir-
cumstances makes it unlikely that such earmarked 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.
EXCESS DEFENSE ARTICLES
SEC. 546. (a) The authority of section 519 of the
Foreign Assistance Act of 1961, as amended, may be used
in fiscal year 1996 to provide nonlethal excess defense ar-
ticles to countries for which United States foreign assist-
ance has been requested and for which receipt of such arti-
cles was separately justified for the fiscal year, without
regard to the restrictions in subsection (a) of section 519.
(b) The authority of section 516 of the Foreign As-
sistance Act of 1961, as amended, may be used in fiscal
year 1996 to provide defense articles to Jordan, Estonia,
Latvia, and Lithuania.
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
none of the funds appropriated by this Act may be made
available to carry out the provisions of section 316 of Pub-
lic Law 96–533.
USE OF AMERICAN RESOURCES
SEC. 548. To the maximum extent possible, assist-
ance provided under this Act should make full use of
American resources, including 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 mem-
ber of the United Nations.
CONSULTING SERVICES
SEC. 550. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment 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 otherwise provided
under existing law, or under existing Executive order pur-
suant 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 pri-
vate voluntary organization which fails to provide upon
timely request any document, file, or record necessary 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. 552. (a) None of the funds appropriated or oth-
erwise made available by this Act may be available to any
foreign government which provides lethal military equip-
ment to a country the government of which the Secretary
of State has determined is a terrorist government for pur-
poses of section 40(d) of the Arms Export Control Act.
The prohibition under this section with respect to a for-
eign government shall terminate 12 months after that gov-
ernment 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 exer-
cised, the President shall submit to the appropriate con-
gressional committees a report with respect to the furnish-
ing of such assistance. Any such report shall include a de-
tailed explanation of the assistance to be provided, includ-
ing 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 per-
cent 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 Sec-
retary of State certifies and reports in writing to the ap-
propriate 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 on
Appropriations of the Senate and the Committee on Inter-
national 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 Libera-
tion Organization for the West Bank and Gaza unless the
President has exercised the authority under section 583(a)
of the Middle East Peace Facilitation Act of 1994 (part
E of title V of Public Law 103–236) or any other legisla-
tion 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 certification 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 Lib-
eration Organization for the West Bank and Gaza.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 555. Not to exceed 5 percent of any appropria-
tion 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, programs and activities for which
the funds in such receiving account may be used, but no
such appropriation, except as otherwise specifically pro-
vided, shall be increased by more than 25 percent by any
such transfer: Provided, That the exercise of such author-
ity 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 contribute to a just resolution of charges regarding
genocide or other violations of international humanitarian
law, the authority of section 552(c) of the Foreign Assist-
ance Act of 1961, as amended, may be used to provide
up to $25,000,000 of commodities and services to the
United Nations War Crimes Tribunal established with re-
gard to the former Yugoslavia by the United Nations Se-
curity 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 para-
graph (2) thereof: Provided, That the determination re-
quired under this section shall be in lieu of any determina-
tions 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 Committees on Appropriations
describing the steps the United States Government is tak-
ing to collect information regarding allegations of genocide
or other violations of international law in the former Yugo-
slavia and to furnish that information to the United Na-
tions War Crimes Tribunal for the former Yugoslavia.
NONLETHAL EXCESS DEFENSE ARTICLES
SEC. 557. Notwithstanding section 519(f) of the For-
eign Assistance Act of 1961, during fiscal year 1996,
funds available to the Department of Defense may be ex-
pended for crating, packing, handling and transportation
of nonlethal excess defense articles transferred 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 condi-
tions as the President may prescribe: Provided, That sec-
tion 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 Assistance 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 assist-
ance’’;
(B) by striking the words ‘‘in which assist-
ance 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 as-
sistance’’;
(D) by inserting ‘‘(1)’’ immediately after
‘‘(e)’’; and
(E) by adding the following new para-
graphs:
‘‘(2) The prohibitions in this section do not
apply to any assistance or transfer provided for the
purposes of:
‘‘(A) International narcotics control (in-
cluding chapter 8 of part I of this Act) or any
provision of law available for providing assist-
ance for counternarcotics purposes.
‘‘(B) Facilitating military-to-military con-
tact, 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 peacekeeping) or any provi-
sion of law available for providing assistance for
peacekeeping purposes, except that lethal mili-
tary equipment provided under this subpara-
graph 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 assistance pur-
poses.
‘‘(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 subsection, military equipment, technology, or
defense services, other than F–16 aircraft, may be
transferred to Pakistan pursuant to contracts or
cases entered into before October 1, 1990.’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(f) STORAGE COSTS.—The President may release
the Government 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 deliv-
ered by the United States Government pursuant to sub-
section (e) and may reimburse the Government of Paki-
stan for any such amount paid, on such terms and condi-
tions as the President may prescribe: Provided, That such
payments have no budgetary impact.
‘‘(g) INAPPLICABILITY OF RESTRICTIONS TO PRE-
VIOUSLY 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 Government of Pakistan
sent to the United States for repair or upgrade. Such
equipment or its equivalent may be returned to the Gov-
ernment of Pakistan: Provided, That the President deter-
mines and so certifies to the appropriate congressional
committees that such equipment or equivalent neither con-
stitutes nor has received any significant qualitative up-
grade since being transferred to the United States and
that its total value does not exceed $25,000,000.
‘‘(h) BALLISTIC
MISSILE
SANCTIONS
NOT
AF-
FECTED.—Nothing contained herein shall affect sanctions
for transfers of missile equipment 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 Je-
rusalem a new office of any department or agency of the
United States Government for the purpose of conducting
official United States Government business with the Pal-
estinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-
PLO Declaration of Principles: Provided, That this re-
striction 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 Authority), have social
contacts, and have incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 561. None of the funds appropriated or other-
wise 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 expended
to pay for—
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Infor-
100
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.
SEC. 562. (a) IN GENERAL.—None of the funds
made available in this Act may be used for assistance in
support of any country when it is made known to the
President that the government of such country prohibits
or otherwise restricts, directly or indirectly, the transport
or delivery of United States humanitarian assistance.
(b) EXCEPTION.—Funds may be made available with
regard to the restriction in subsection (a) if the President
determines that to do so is in the national security interest
of the United States.
WITHHOLDING OF ASSISTANCE TO COUNTRIES
SUPPORTING NUCLEAR PLANT IN CUBA
SEC. 563. (a) WITHHOLDING.—The President shall
withhold from assistance made available with funds appro-
priated or made available pursuant to this Act an amount
equal to the sum of assistance and credits, if any, provided
on or after the date of the enactment of this Act by that
country, or any entity in that country, in support of the
completion of the Cuban nuclear facility at Juragua, near
Cienfuegos, Cuba.
101
(b) EXCEPTIONS.—The requirement of subsection (a)
to withhold assistance shall not apply with respect to—
(1) assistance to meet urgent humanitarian
needs including disaster and refugee relief;
(2) democratic political reform and rule of law
activities;
(3) the creation of private sector and non-
governmental organizations that are independent of
government control;
(4) the development of a free market economic
system; and
(5) assistance for the purposes described in the
Cooperative Threat Reduction Act of 1993 (title XII
of Public Law 103–160).
LIMITATION ON FUNDS FOR HAITI
SEC. 564. Effective March 1, 1996, none of the funds
appropriated in this Act may be made available to the
Government of Haiti when it is made known to the Presi-
dent that such Government is controlled by a regime hold-
ing power through means other than the democratic elec-
tions scheduled for calendar year 1995 and held in sub-
stantial compliance with the requirements of the 1987
Constitution of Haiti.
102
PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS
SEC. 565. (a) SENSE OF CONGRESS.—It is the sense
of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made
available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
LIMITATION ON ASSISTANCE TO TURKEY
SEC. 566. Not more than $33,500,000 of the funds
appropriated in this Act under the heading ‘‘Economic
Support Fund’’ may be made available to the Government
of Turkey.
LIMITATION OF FUNDS FOR NORTH AMERICAN
DEVELOPMENT BANK
SEC. 566A. None of the funds appropriated in this
Act under the heading ‘‘North American Development
Bank’’ and made available for the Community Adjustment
and Investment Program shall be used for purposes other
than those set out in the binational agreement establishing
the Bank.
103
LIMITATION ON FUNDS FOR BURMA
SEC. 567. None of the funds made available in this
Act may be used for International Narcotics Control or
Crop Substitution Assistance for the Government of
Burma.
ASIAN DEVELOPMENT BANK
SEC. 568. The Secretary of the Treasury may, to ful-
fill commitments of the United States, subscribe to and
make payments for shares of the Asian Development Bank
in connection with the fourth general capital increase of
the Bank. The amount authorized to be appropriated for
paid-in shares of the Bank is limited to $66,614,647; the
amount authorized to be appropriated for payment for
callable shares of the Bank is limited to $3,264,178,021.
The amount to be paid in respect of each subscription is
authorized to be appropriated without fiscal year limita-
tion. Any subscription by the United States to the capital
stock of the Bank shall be effective only to such extent
or in such amounts as are provided in advance in appro-
priations Acts.
INTERNATIONAL DEVELOPMENT ASSOCIATION
SEC. 569. In order to pay for the United States con-
tribution 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,
104
$700,000,000 for payment by the Secretary of the Treas-
ury.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 570. (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
(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
105
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 country
whose government—
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts
of international terrorism;
(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 pro-
vided 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 re-
duction of debt pursuant to subsection (a) shall not be
considered assistance for purposes of any provision of law
106
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. 571. (a) LOANS ELIGIBLE FOR SALE, REDUC-
TION, 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
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 defined 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 or such
debt by such eligible country, or the difference
between the price paid for such debt and the
107
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 section
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.
(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.
108
(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, reduced,
or canceled pursuant to this section shall be deposited in
the United States Government account or accounts estab-
lished 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 shall consult with the country con-
cerning the amount of loans to be sold, reduced, or can-
celed 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
109
funds appropriated by this Act under the heading ‘‘Debt
Restructuring’’.
DRAWDOWN AUTHORITY FOR JORDAN
SEC. 572. During fiscal year 1996, the President may
direct, for the purposes of part II of the Foreign Assist-
ance Act of 1961, the drawdown for Jordan of defense
articles from the stocks of the Department of Defense, de-
fense services of the Department of Defense, and military
education and training of up to an aggregate of
$100,000,000: Provided, That—
(a) within six months of the last drawdown
under subsection (a), the President shall submit a
report to the Committee on Appropriations identify-
ing the articles, services, training or education pro-
vided;
(b) section 506(c) of the Foreign Assistance Act
of 1961 shall apply to the drawdown authority in
this section; and
(c) section 632(d) of the Foreign Assistance
Act of 1961 shall not apply with respect to
drawdowns under this section.
LIBERIA
SEC. 573. (a) Public Law 102–270 is amended—
(1) in subsection (b) by striking ‘‘Notwithstand-
ing section 620(q) of the Foreign Assistance Act of
110
1961 or any other similar provision, the’’ and insert-
ing ‘‘The’’; and
(2) in subsection (b)(2) by striking ‘‘to imple-
ment the Yamoussoukro peace accord’’.
(b) Funds appropriated by this Act may be made
available for assistance for Liberia notwithstanding sec-
tion 620(q) of the Foreign Assistance Act of 1961 and
section 512 of this Act.
ANNUAL REPORT ON ECONOMIC AND SOCIAL GROWTH
SEC. 574. (a) REPORTING
REQUIREMENT.—The
President shall submit to the appropriate congressional
committees an annual report providing a concise overview
of the prospects for economic and social growth on a
broad, equitable, and sustainable basis in the countries re-
ceiving economic assistance under title II of this Act. For
each country, the report shall discuss the laws, policies
and practices of that country that most contribute to or
detract from the achievement of this kind of growth. The
report should address relevant macroeconomic, micro-
economic, social, legal, environmental, and political factors
and include criteria regarding wage and price controls,
State ownership of production and distribution, State con-
trol of financial institutions, trade and foreign investment,
capital and profit repatriation, tax and private property
protections and a country’s commitment to stimulate edu-
cation, health and human development.
111
(b) COUNTRIES.—The countries referred to in sub-
section (a) are countries—
(1) for which in excess of $5,000,000 has been
obligated during the previous fiscal year for assist-
ance under sections 103 through 106, chapters 10
and 11 of part I, and chapter 4 of part II of the
Foreign Assistance of 1961, and under the Support
for East European Democracy Act of 1989; or
(2) for which in excess of $1,000,000 has been
obligated during the previous fiscal year by the
Overseas Private Investment Corporation.
(c) CONSULTATION.—The Secretary of State shall
submit the report required by subsection (a) in consulta-
tion with the Secretary of the Treasury, the Administrator
of the Agency for International Development, and the
President of the Overseas Private Investment Corporation.
The report shall be submitted with the annual congres-
sional presentation for appropriations.
SEC. 575. To the maximum extent possible, the funds
provided by this Act shall be used to provide surveying
and mapping related services through contracts entered
into through competitive bidding to qualified United
States contractors.
REPORTS REGARDING HONG KONG
SEC. 576. (a) Section 301 of the United States-Hong
Kong Policy Act of 1992 (22 U.S.C. 5731) is amended
112
in the text above paragraph (1) by inserting ‘‘March 31,
1996,’’ after ‘‘March 31, 1995,’’.
(b) 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 Con-
gress directs that the additional report required to be sub-
mitted under such section by subsection (a) of this section
include detailed information on the status of, and other
developments affecting, implementation of the Sino-Brit-
ish Joint Declaration on the Question of Hong Kong, in-
cluding—
(1) the Basic Law and its consistency with
the Joint Declaration;
(2) the openness and fairness of elections
to the legislature;
(3) the openness and fairness of the elec-
tion 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 judg-
ment over Hong Kong law; and
(6) the Bill of Rights.
SEC. 577. Notwithstanding any other provision of
this Act, $20,000,000 of the funds made available under
113
the headings ‘‘Development Assistance’’ and/or ‘‘Eco-
nomic Support Fund’’ may be transferred to, and merged
with, the appropriations account entitled ‘‘International
Narcotics Control’’ and may be available for the same pur-
poses for which funds in such account are available.
GUATEMALA
SEC. 578. (a) Funds provided in this Act may be
made available for the Guatemalan military or security
forces, and the restrictions on Guatemala under the head-
ings ‘‘International Military Education and Training’’ and
‘‘Foreign Military Financing Program’’ shall not apply,
only if the President determines and certifies to the Con-
gress that the Guatemalan military is cooperating with ef-
forts to resolve human rights abuses which elements of
the Guatemalan military or security forces are alleged to
have committed, ordered or attempted to thwart the inves-
tigation of.
(b) The prohibition contained in subsection (a) shall
not apply to funds made available to implement a cease-
fire or peace agreement.
(c) Any funds made available pursuant to subsections
(a) or (b) shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
(d) Any funds made available pursuant to subsections
(a) and (b) for international military education and train-
114
ing may only be for expanded international military edu-
cation and training.
EXTENSION OF TIED AID CREDIT PROGRAM
SEC. 579. (a) Section 10(c)(2) of the Export-Import
Bank Act of 1945 (12 U.S.C. 635i–3(c)(2)) is amended
by striking ‘‘1995’’ and inserting ‘‘1997’’.
(b) Section 10(e) of the Export-Import Bank Act of
1945 (12 U.S.C. 635i–3(e)) is amended by striking
‘‘1993, 1994, and 1995’’ and inserting ‘‘1996 and 1997’’.
MORATORIUM ON USE OF ANTIPERSONNEL LANDMINES
SEC. 580. (a) UNITED STATES MORATORIUM.—For
a period of one year beginning three years after the date
of enactment of this Act, the United States shall not use
antipersonnel landmines except along internationally rec-
ognized national borders or in demilitarized zones within
a perimeter marked area that is monitored by military per-
sonnel and protected by adequate means to ensure the ex-
clusion of civilians.
(b) DEFINITION AND EXEMPTIONS.—For the pur-
poses of this section:
(1) ANTIPERSONNEL
LANDMINE.—The term
‘‘antipersonnel landmine’’ means any munition
placed under, on, or near the ground or other sur-
face area, delivered by artillery, rocket, mortar, or
similar means, or dropped from an aircraft and
which is designed, constructed or adapted to be deto-
115
nated or exploded by the presence, proximity, or con-
tact of a person.
(2) EXEMPTIONS.—The term ‘‘antipersonnel
landmine’’ does not include command detonated
Claymore munitions.
EXTENSION OF AU PAIR PROGRAMS
SEC. 581. Section 8 of the Eisenhower Exchange Fel-
lowship Act of 1990 is amended in the last sentence by
striking ‘‘fiscal year 1995’’ and inserting ‘‘fiscal year
1996’’.
SANCTIONS AGAINST COUNTRIES HARBORING WAR
CRIMINALS
SEC. 582. (a) BILATERAL ASSISTANCE.—Funds ap-
propriated by this Act under the Foreign Assistance Act
of 1961 or the Arms Export Control Act may not be pro-
vided for any country described in subsection (c).
(b) MULTILATERAL ASSISTANCE.—The Secretary of
the Treasury shall instruct the United States executive di-
rectors of the international financial institutions to work
in opposition to, and vote against, any extension by such
institutions of financing or financial or technical assist-
ance to any country described in subsection (c).
(c) SANCTIONED COUNTRIES.—A country described
in this subsection is a country the government of which
knowingly grants sanctuary to persons in its territory for
the purpose of evading prosecution, where such persons—
116
(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;
(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. 583. (a) LIMITATION.—None of the funds ap-
propriated 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
117
(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 re-
strict the provision of humanitarian or electoral assist-
ance.
(c) The President may waive the requirements of this
section if he determines and certifies to the appropriate
committees of Congress that it is in the national interest
of the United States or necessary to assure the safe and
timely withdrawal of American forces from Haiti.
LIMITATION ON FUNDS TO THE TERRITORY OF THE
BOSNIAC-CROAT FEDERATION.
SEC. 584. Funds appropriated by this Act for activi-
ties in the internationally-recognized borders of Bosnia
and Herzegovina (other than refugee and disaster assist-
ance and assistance for restoration of infrastructure, to
include power grids, water supplies and natural gas) may
only be made available for activities in the territory of the
Bosniac-Croat Federation.
NATO PARTICIPATION
SEC. 585. REVISIONS TO PROGRAM TO FACILITATE
TRANSITION TO NATO MEMBERSHIP.—
(a) ELIGIBLE COUNTRIES.—(1) Subsection (d) of
section 203 of the NATO Participation Act of 1994 (title
118
II of Public Law 103–447; 22 U.S.C. 1928 note) is
amended to read as follows:
‘‘(d) DESIGNATION OF ELIGIBLE COUNTRIES.—
‘‘(1) INITIAL PRESIDENTIAL REVIEW AND DES-
IGNATION.—Within 60 days of the enactment of the
NATO Participation Act Amendments of 1995, the
President should evaluate the degree to which any
country emerging from communist domination which
has expressed its interest in joining NATO meets
the criteria set forth in paragraph (3), and may des-
ignate one or more of these countries as eligible to
receive assistance under the program established
under subsection (a). The President shall, at the
time of designation of any country pursuant to this
paragraph, determine and report to the Committees
on International Relations and Appropriations of the
House of Representatives and the Committees on
Foreign Relations and Appropriations of the Senate
with respect to each country so designated that such
country meets the criteria set forth in paragraph
(3).
‘‘(2) OTHER EUROPEAN COUNTRIES EMERGING
FROM COMMUNIST DOMINATION.—In addition to the
countries designated pursuant to paragraph (1), the
President may at any time designate other European
119
countries emerging from communist domination as
eligible to receive assistance under the program es-
tablished under subsection (a). The President shall,
at the time of designation of any country pursuant
to this paragraph, determine and report to the Com-
mittees on International Relations and Appropria-
tions of the House of Representatives and the Com-
mittees on Foreign Relations and Appropriations of
the Senate with respect to each country so des-
ignated that such country meets the criteria set
forth in paragraph (3).
‘‘(3) CRITERIA.—The criteria referred to in
paragraphs (1) and (2) are, with respect to each
country, that the country—
‘‘(A) has made significant progress toward
establishing—
‘‘(i) shared values and interests;
‘‘(ii) democratic governments;
‘‘(iii) free market economies;
‘‘(iv) civilian control of the military, of
the police, and of intelligence services, so
that these organizations do not pose a
threat to democratic institutions, neighbor-
ing countries, or the security of NATO or
the United States;
120
‘‘(v) adherence to the rule of law and
to the values, principles, and political com-
mitments set forth in the Helsinki Final
Act and other declarations by the members
of the Organization on Security and Co-
operation in Europe;
‘‘(vi) commitment to further the prin-
ciples of NATO and to contribute to the
security of the North Atlantic area;
‘‘(vii) commitment to protecting the
rights of all their citizens and respecting
the territorial integrity of their neighbors;
‘‘(viii) commitment and ability to ac-
cept the obligations, responsibilities, and
costs of NATO membership; and
‘‘(ix) commitment and ability to im-
plement infrastructure development activi-
ties that will facilitate participation in and
support for NATO military activities;
‘‘(B) is likely, within five years of such de-
termination, to be in a position to further the
principles of the North Atlantic Treaty and to
contribute to the security of the North Atlantic
area; and
121
‘‘(C) is not ineligible to receive assistance
under section 552 of the Foreign Operations,
Export Financing, and Related Programs Ap-
propriations Act, 1996, with respect to trans-
fers of 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.’’.
(2) CONFORMING AMENDMENTS.—
(A) Subsections (b) and (c) of section 203 of
such Act are amended by striking ‘‘countries de-
scribed in such subsection’’ each of the two places
it appears and inserting ‘‘countries designated under
subsection (d)’’.
(B) Subsection (e) of section 203 of such Act
is amended by inserting ‘‘(22 U.S.C. 2394–1), and
shall include with such notification a memorandum
of justification with respect to the proposed designa-
tion’’ before the period at the end.
(b) TYPES OF ASSISTANCE.—Section 203(c) of such
Act is amended by inserting after paragraph (4) the fol-
lowing new paragraphs:
‘‘(5) Assistance under chapter 4 of part II of
the Foreign Assistance Act of 1961 (relating to the
Economic Support Fund).
122
‘‘(6) Funds appropriated under the ‘‘Non-
proliferation and Disarmament Fund’’ account.
‘‘(7) Assistance under chapter 6 of part II of
the Foreign Assistance Act of 1961 (relating to
peacekeeping operations and other programs).
‘‘(8) Notwithstanding any other provision of
law, including any restrictions in sections 516 and
519 of the Foreign Assistance Act of 1961, as
amended, the President may direct the crating,
packing, handling, and transportation of excess de-
fense articles provided pursuant to paragraphs (1)
and (2) of this subsection without charge to the re-
cipient of such articles.’’.
(c) EFFECT ON OTHER AUTHORITIES.—Section 203
of the NATO Participation Act of 1994 (title II of Public
Law 103–447, 22 U.S.C. 1928 note), is amended to add
a new subsection (g) to read as follows:
‘‘(g) EFFECT ON OTHER AUTHORITIES.—Nothing in
this Act shall affect the eligibility of countries to partici-
pate under other provisions of law in programs described
in this Act.’’.
(d) ANNUAL REPORT.—Section 205 of the NATO
Participation Act of 1994 (title II of Public Law 103–
447; 22 U.S.C. 1928 note) is amended:
123
(1) by inserting ‘‘ANNUAL’’ in the section
heading before the first word;
(2) by inserting ‘‘annual’’ after ‘‘include in the’’
in the matter preceding paragraph (1); and
(3) in paragraphs (1) and (2), by striking ‘‘and
other’’ and all that follows through the period at the
end and in both instances inserting in lieu thereof
‘‘and any other country designated by the President
pursuant to section 203(d).’’.
TITLE VI—MIDDLE EAST PEACE FACILITATION
ACT OF 1995
SHORT TITLE
SEC. 601. This title may be cited as the ‘‘Middle East
Peace Facilitation Act of 1995’’.
FINDINGS
SEC. 602. The Congress finds that—
(1) the Palestine Liberation Organization (here-
after the ‘‘P.L.O.’’) has recognized the State of Isra-
el’s right to exist in peace and security, accepted
United Nations Security Council Resolutions 242
and 338, committed itself to the peace process and
peaceful coexistence with Israel, free from violence
and all other acts which endanger peace and stabil-
ity, and assumed responsibility over all P.L.O. ele-
ments and personnel in order to assure their compli-
ance, prevent violations, and discipline violators;
124
(2) Israel has recognized the P.L.O. as the rep-
resentative of the Palestinian people;
(3) Israel and the P.L.O. signed a Declaration
of Principles on Interim Self-Government Arrange-
ments (hereafter the ‘‘Declaration of Principles’’) on
September 13, 1993 at the White House;
(4) Israel and the P.L.O. signed an Agreement
on the Gaza Strip and the Jericho Area (hereafter
the ‘‘Gaza-Jericho Agreement’’) on May 4, 1994
which established a Palestinian Authority for the
Gaza and Jericho areas;
(5) Israel and the P.L.O. signed an Agreement
on Preparatory Transfer of Powers and Responsibil-
ities (hereafter the ‘‘Early Empowerment Agree-
ment’’) on August 29, 1994 which provided for the
transfer to the Palestinian Authority of certain pow-
ers and responsibilities in the West Bank outside of
the Jericho Area;
(6) under the terms of the Israeli-Palestinian
Interim Agreement on the West Bank and Gaza
(hereafter the ‘‘Interim Agreement) signed on Sep-
tember 28, 1995, the Declaration of Principles, the
Gaza-Jericho 
Agreement 
and 
the 
Early
Empowerment Agreement, the powers and respon-
sibilities of the Palestinian Authority are to be as-
125
sumed by an elected Palestinian Council with juris-
diction in the West Bank and Gaza Strip in accord-
ance with the Interim Agreement;
(7) permanent status negotiations relating to
the West Bank and Gaza Strip are scheduled to
begin by May 1996;
(8) the Congress has, since the conclusion of
the Declaration of Principles and the P.L.O.’s re-
nunciation of terrorism, provided authorities to the
President to suspend certain statutory restrictions
relating to the P.L.O., subject to Presidential certifi-
cations that the P.L.O. has continued to abide by
commitments made in and in connection with or re-
sulting from the good faith implementation of, the
Declaration of Principles;
(9) the P.L.O. commitments relevant to Presi-
dential certifications have included commitments to
renounce and condemn terrorism, to submit to the
Palestinian National Council for former approval the
necessary changes to those articles of the Palestinian
Covenant which call for Israel’s destruction, and to
prevent acts of terrorism and hostilities against Is-
rael; and
(10) the United States is resolute in its deter-
mination to ensure that in providing assistance to
126
Palestinians living under the jurisdiction of the Pal-
estinian Authority or elsewhere, the beneficiaries of
such assistance shall be held to the same standard
of financial accountability and management control
as any other recipient of United States assistance.
SENSE OF CONGRESS
SEC. 603. It is the sense of the Congress that the
P.L.O. must do far more to demonstrate an irrevocable
denunciation of terrorism and ensure a peaceful settle-
ment of the Middle East dispute, and in particular it
must—
(1) submit to the Palestinian National Council
for formal approval the necessary changes to those
articles of the Palestinian National Covenant which
call for Israel’s destruction;
(2) make greater efforts to pre-empt acts of ter-
ror, discipline violators and contribute to stemming
the violence that has resulted in the deaths of over
140 Israeli and United States citizens since the sign-
ing of the Declaration of Principles;
(3) prohibit participation in its activities and in
the Palestinian Authority and its successors by any
groups or individuals which continue to promote and
commit acts of terrorism;
(4) cease all anti-Israel rhetoric, which poten-
tially undermines the peace process;
127
(5) confiscate all unlicensed weapons;
(6) transfer and cooperate in transfer proceed-
ings relating to any person accused by Israel to acts
of terrorism; and
(7) respect civil liberties, human rights and
democratic norms.
AUTHORITY TO SUSPEND CERTAIN PROVISIONS
SEC. 604. (a) IN GENERAL.—Subject to sub-
section (b), beginning on the date of enactment of this
Act and for eighteen months thereafter, the President
may suspend for a period of not more than 6 months at
a time any provision of law specified in subsection (d).
Any such suspension shall cease to be effective after 6
months, or at such earlier date as the President may
specify.
(b) CONDITIONS.—
(1) CONSULTATIONS.—Prior to each exercise of
the authority provided in subsection (a) or certifi-
cation pursuant to subsection (c), the President shall
consult with the relevant congressional committees.
The President may not exercise that authority or
make such certification until 30 days after a written
policy justification is submitted to the relevant con-
gressional committees.
(2) 
PRESIDENTIAL
CERTIFICATION.—The
President may exercise the authority provided in
128
subsection (a) only if the President certifies to the
relevant congressional committees each time he exer-
cises such authority that—
(A) it is in the national interest of the
United States to exercise such authority;
(B) the P.L.O., the Palestinian Authority,
and successor entities are complying with all
the commitments described in paragraph (4);
and
(C) funds provided pursuant to the exer-
cise of this authority and the authorities under
section 583(a) of Public Law 103–236 and sec-
tion 3(a) of Public Law 103–125 have been
used for the purposes for which they were in-
tended.
(3) REQUIREMENT
FOR
CONTINUING
P.L.O.
COMPLIANCE.—
(A) The President shall ensure that P.L.O.
performance is continuously monitored and if
the President at any time determines that the
P.L.O. has not continued to comply with all the
commitments described in paragraph (4), he
shall so notify the relevant congressional com-
mittees and any suspension under subsection
129
(a) of a provision of law specified in subsection
(d) shall cease to be effective.
(B) Beginning six months after the date of
enactment of this Act, if the President on the
basis of the continuous monitoring of the
P.L.O.’s performance determines that the
P.L.O. is not complying with the requirements
described in subsection (c), he shall so notify
the relevant congressional committees and no
assistance shall be provided pursuant to the ex-
ercise by the President of the authority pro-
vided by subsection (a) until such time as the
President makes the certification provided for
in subsection (c).
(4) P.L.O. COMMITMENTS
DESCRIBED.—The
commitments referred to in paragraphs (2)(B) and
(3)(A) are the commitments made by the P.L.O.—
(A) in its letter of September 9, 1993, to
the Prime Minister of Israel; in its letter of
September 9, 1993, to the Foreign Minister of
Norway to—
(i) recognize the right of the State of
Israel to exist in peace and security;
(ii) accept United Nations Security
Council Resolutions 242 and 338;
130
(iii) renounce the use of terrorism and
other acts of violence;
(iv) assume responsibility over all
P.L.O. elements and personnel in order to
assure their compliance, prevent violations
and discipline violators;
(v) call upon the Palestinian people in
the West Bank and Gaza Strip to take
part in the steps leading to the normaliza-
tion of life, rejecting violence and terror-
ism, and contributing to peace and stabil-
ity; and
(vi) submit to the Palestine National
Council for formal approval the necessary
changes to the Palestinian National Cov-
enant eliminating calls for Israel’s destruc-
tion, and
(B) in, and resulting from, the good faith
implementation of the Declaration of Principles,
including good faith implementation of subse-
quent agreements with Israel, with particular
attention to the objective of preventing terror-
ism, as reflected in the provisions of the In-
terim Agreement concerning—
131
(i) prevention of acts of terrorism and
legal measures against terrorists, including
the arrest and prosecution of individuals
suspected of perpetrating acts of violence
and terror;
(ii) abstention from and prevention of
incitement, including hostile propaganda;
(iii) operation of armed forces other
than the Palestinian Police;
(iv) possession, manufacture, sale, ac-
quisition or importation of weapons;
(v) employment of police who have
been convicted of serious crimes or have
been found to be actively involved in ter-
rorist activities subsequent to their employ-
ment;
(vi) transfers to Israel of individuals
suspected of, charged with, or convicted of
an offense that falls within Israeli criminal
jurisdiction;
(vii) cooperation with the government
of Israel in criminal matters, including co-
operation in the conduct of investigations;
and