IB
104TH CONGRESS
1ST SESSION
H. R. 1868
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 25, 1995
Ordered to be printed with the amendments of the Senate numbered
AN ACT
Making appropriations for foreign operations, export financ-
ing, and related programs for the fiscal year ending
September 30, 1996, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1996, and for other pur-
poses, namely:
TITLE I—EXPORT AND INVESTMENT
ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of
funds and borrowing authority available to such corpora-
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tion, and in accordance with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tations, as provided by section 104 of the Government
Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such cor-
poration: Provided, That none of the funds available dur-
ing the current fiscal year may be used to make expendi-
tures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country other than
a nuclear-weapon State as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligi-
ble to receive economic or military assistance under this
Act that has detonated a nuclear explosive after the date
of enactment of this Act.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insur-
ance, and tied-aid grants as authorized by section 10 of
the Export-Import Bank Act of 1945, as amended,
Ω1æ$786,551,000 $795,000,000
PROHIBITION ON USE OF FUNDS FOR RELOCATING AID
TO FEDERAL TRIANGLE BUILDING
SEC. 577. Notwithstanding any other provision of
law, none of the funds appropriated or otherwise made
available by this Act may be used to relocate the Agency
for International Development, or any part of that agency,
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to the Federal Triangle Building in Washington, District
of Columbia.
to remain available until September 30, 1997: Provided,
That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That such
sums shall remain available until 2010 for the disburse-
ment of direct loans, loan guarantees, insurance and tied-
aid grants obligated in fiscal years 1996 and 1997: Pro-
vided further, That up to $100,000,000 of funds appro-
priated by this paragraph shall remain available until ex-
pended and may be used for tied-aid grant purposes: Pro-
vided further, That none of the funds appropriated by this
paragraph may be used for tied-aid credits or grants ex-
cept through the regular notification procedures of the
Committees on Appropriations: Provided further, That
funds appropriated by this paragraph are made available
notwithstanding section 2(b)(2) of the Export-Import
Bank Act of 1945, in connection with the purchase or
lease of any product by any East European country, any
Baltic State, or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct
and guaranteed loan and insurance programs (to be com-
puted on an accrual basis), including hire of passenger
motor vehicles and services as authorized by 5 U.S.C.
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3109, and not to exceed $20,000 for official reception and
representation expenses for members of the Board of Di-
rectors, Ω2æ$45,228,000 $46,000,000: Provided, That nec-
essary expenses (including special services performed on
a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed
the Export-Import Bank, repossession or sale of pledged
collateral or other assets acquired by the Export-Import
Bank in satisfaction of moneys owed the Export-Import
Bank, or the investigation or appraisal of any property,
or the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee
or insurance commitment has been made, shall be consid-
ered nonadministrative expenses for the purposes of this
heading: Provided further, That, notwithstanding sub-
section (b) of section 117 of the Export Enhancement Act
of 1992, subsection (a) thereof shall remain in effect until
October 1, 1996.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
as provided by 31 U.S.C. 9104, such expenditures and
commitments within the limits of funds available to it and
in accordance with law as may be necessary: Provided,
That the amount available for administrative expenses to
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carry out the credit and insurance programs (including an
amount for official reception and representation expenses
which shall not exceed Ω3æ$35,000 $20,000) shall not ex-
ceed Ω4æ$26,500,000 $26,000,000: Provided further, That
project-specific transaction costs, including direct and in-
direct costs incurred in claims settlements, and other di-
rect costs associated with services provided to specific in-
vestors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be consid-
ered administrative expenses for the purposes of this head-
ing.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans,
Ω5æ$69,500,000 $79,000,000, as authorized by section
234 of the Foreign Assistance Act of 1961Ω6æ, to be de-
rived by transfer from the Overseas Private Investment Cor-
poration Noncredit account: Provided, That such costs, in-
cluding the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall be available
for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 1996 and 1997: Pro-
vided further, That such sums shall remain available
through fiscal year 2003 for the disbursement of direct
and guaranteed loans obligated in fiscal year 1996, and
through fiscal year 2004 for the disbursement of direct
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and voluntary organizations shall include those which op-
erate on a not-for-profit basis, receive contributions from
private sources, receive voluntary support from the public
and are deemed to be among the most cost-effective and
successful providers of development assistance.
Ω22æINTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster re-
lief, rehabilitation, and reconstruction assistance pursuant
to section 491 of the Foreign Assistance Act of 1961, as
amended, $200,000,000 to remain available until ex-
pended.
DEBT RESTRUCTURING
Ω23æFor Of the funds made available under the head-
ing ‘‘Economic Assistance’’, for the cost, as defined in sec-
tion 502 of the Congressional Budget Act of 1974, of
modifying direct loans and loan guarantees, as the Presi-
dent may determine, for which funds have been appro-
priated or otherwise made available for programs within
the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts,
through debt buybacks and swaps, Ω24æowed to the Unit-
ed States as a result of concessional loans made to eligible
Latin American and Caribbean countries, pursuant to part
IV of the Foreign Assistance Act of 1961, $7,000,000
$15,000,000, to remain available until expended.
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MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM
ACCOUNT
Ω25æFor Of the funds made available under the head-
ing ‘‘Economic Assistance’’, for the subsidy cost of direct
loans and loan guarantees, $1,500,000, as authorized by
section 108 of the Foreign Assistance Act of 1961, as
amended: Provided, That such costs shall be as defined
in section 502 of the Congressional Budget Act of
1974Ω26æ: Provided further, That guarantees of loans
made under this heading in support of microenterprise ac-
tivities may guarantee up to 70 percent of the principal
amount of any such loans notwithstanding section 108 of
the Foreign Assistance Act of 1961. In addition, for admin-
istrative expenses to carry out programs under this head-
ing, $500,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of
the Agency for International DevelopmentΩ27æ: Provided
further, That funds made available under this heading shall
remain available until September 30, 1997.
HOUSING GUARANTY PROGRAM ACCOUNT
Ω28æFor administrative expenses to carry out guar-
anteed loan programs, $7,000,000, all of which may be
transferred to and merged with the appropriation for Op-
erating Expenses of the Agency for International Develop-
ment.
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Of the funds made available under the heading ‘‘Eco-
nomic Assistance’’, for the subsidy cost, as defined in section
13201 of the Budget Enforcement Act of 1990, of guaranteed
loans authorized by sections 221 and 222 of the Foreign
Assistance Act of 1961, $8,000,000: Provided, That these
funds are available to subsidize loan principal, 100 percent
of which shall be guaranteed, pursuant to the authority of
such sections: Provided further, That the President shall
enter into commitments to guarantee such loans in the full
amount provided under this heading, subject to the avail-
ability of qualified applicants for such guarantees: Provided
further, That for administrative expenses to carry out guar-
anteed loan programs, $7,000,000, all of which may be
transferred to and merged with the appropriation for Oper-
ating Expenses of the Agency for International Develop-
ment: Provided further, That commitments to guarantee
loans under this heading may be entered into notwithstand-
ing the second and third sentences of section 222(a) and,
with regard to programs for Eastern Europe and programs
for the benefit of South Africans disadvantaged by apart-
heid, section 223(j) of the Foreign Assistance Act of 1961:
Provided further, That none of the funds appropriated
under this heading shall be obligated except through the reg-
ular notification procedures of the Committees on Appro-
priations.
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Ω29æINTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as amend-
ed, $175,000,000 to remain available until expended: Pro-
vided, That of the amount appropriated under this heading,
$40,000,000 should be available only for emergency human-
itarian assistance to the former Yugoslavia, of which
amount not less than $6,000,000 shall be available only for
humanitarian assistance to Kosova.
CLARIFICATION OF RESTRICTIONS
(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 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’’;
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(D) by inserting ‘‘(1)’’ immediately after
‘‘(e)’’; and
(E) by adding the following new paragraph:
‘‘(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
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antiterrorism assistance) or any provision of law
available for antitorrism assistance purposes.
‘‘(3) The restrictions of this subsection shall con-
tinue 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 delivered by
the United States Government pursuant to subsection (e)
and may reimburse the Government of Pakistan for any
such amounts paid, on such terms and conditions 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 Oc-
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tober 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 Government of
Pakistan: Provided, That the President determines and so
certifies to the appropriate congressional committees that
such equipment or equivalent neither constitutes nor has re-
ceived 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
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.’’.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY FUND
For payment to the ‘‘Foreign Service Retirement and
Disability Fund’’, as authorized by the Foreign Service
Act of 1980, $43,914,000.
OPERATING EXPENSES OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions
of section 667, Ω30æ$465,750,000 $490,000,000Ω31æ:–
Provided, That of this amount not more than $1,475,000
may be made available to pay for printing costs: Provided
further, That none of the funds appropriated by this Act
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for programs administered by the Agency for Inter-
national Development may be used to finance printing
costs of any report or study (except feasibility, design, or
evaluation reports or studies) in excess of $25,000 without
the approval of the Administrator of that Agency or the
Administrator’s designee.
OPERATING
EXPENSES
OF
THE
AGENCY
FOR
INTER-
NATIONAL
DEVELOPMENT
OFFICE
OF
INSPECTOR
GENERAL
For necessary expenses to carry out the provisions
of section 667, Ω32æ$35,200,000 $30,200,000, which sum
shall be available for the Office of the Inspector General
of the Agency for International Development.
OTHER BILATERAL ECONOMIC ASSISTANCE
Ω33æECONOMIC SUPPORT FUND
MIDDLE EAST FUND
For necessary expenses to carry out the provisions
of 
chapter 
of 
part 
II, 
Ω34æ$2,300,000,000
$2,015,000,000, to remain available until September 30,
1997Ω35æ:–Provided, That any funds appropriated under
this heading that are made available for Israel shall be
made available on a grant basis as a cash transfer and
shall be disbursed within thirty days of enactment of this
Act or by October 31, 1995, whichever is later: Provided,
That of the funds appropriated under this heading, not less
than $1,200,000,000 shall be available only for Israel, which
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sum shall be available on a grant basis as a cash transfer
and shall be disbursed within thirty days of enactment of
this Act or by October 31, 1995, whichever is later: Provided
further, That not less than $815,000,000 shall be available
only for Egypt, which sum shall be provided on a grant
basis, and of which sum cash transfer assistance may be
provided, with the understanding that Egypt will undertake
significant economic reforms which are additional to those
which were undertaken in previous fiscal years, and of
which not less than $200,000,000 shall be provided as Com-
modity Import Program assistance: Provided further, That
not less than the Egyptian pound equivalent of $85,000,000
generated from funds made available by this paragraph, or
from any source including from funds made available for
Egypt for fiscal year 1997, shall be made available to the
United States pursuant to the United States-Egypt Eco-
nomic, Technical and Related Assistance Agreements of
1978, for the following endowmnents established under such
Agreements: the Egyptian pound equivalent of $50,000,000
shall be made available to replenish the existing endowment
for the American University in Cairo, and the Egyptian
pound equivalent of $35,000,000 shall be made available to
replenish the existing endowment for projects and programs
which promote the preservation and restoration of Egyptian
antiquities: Provided further, That in exercising the author-
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ity to provide cash transfer assistance for Israel and Egypt,
the President shall ensure that the level of such assistance
does not cause an adverse impact on the total level of non-
military exports from the United States to each such coun-
try: Provided further, That it is the sense of the Congress
that the recommended levels of assistance for Egypt and Is-
rael are based in great measure upon their continued par-
ticipation in the Camp David Accords and upon the Egyp-
tian-Israeli peace treatyΩ36æ:–Provided further, That none
of the funds appropriated under this heading shall be
made available for Zaire.
Ω37æINTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions
of part I of the Foreign Assistance Act of 1961, up to
$19,600,000, which shall be available for the United
States contribution to the International Fund for Ireland
and shall be made available in accordance with the provi-
sions of the Anglo-Irish Agreement Support Act of 1986
(Public Law 99–415): Provided, That such amount shall
be expended at the minimum rate necessary to make time-
ly payment for projects and activities: Provided further,
That funds made available under this heading shall re-
main available until September 30, 1997.
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ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES
Ω38æ(a) For necessary expenses to carry out the pro-
visions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy (SEED) Act of
1989, Ω39æ$324,000,000 $335,000,000, to remain avail-
able until September 30, 1997, which shall be available,
notwithstanding any other provision of law, for economic
assistance and for related programs for Eastern Europe
and the Baltic States.
Ω40æ(b) Funds appropriated under this heading or
in prior appropriations Acts that are or have been made
available for an Enterprise Fund may be deposited by
such Fund in interest-bearing accounts prior to the
Fund’s disbursement of such funds for program purposes.
The Fund may retain for such program purposes any in-
terest earned on such deposits without returning such in-
terest to the Treasury of the United States and without
further appropriation by the Congress. Funds made avail-
able for Enterprise Funds shall be expended at the mini-
mum rate necessary to make timely payment for projects
and activities.
Ω41æ(c) Funds appropriated under this heading shall
be considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available
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the administrative authorities contained in that Act for
the use of economic assistance.
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF
THE FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions
of chapter 11 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for
the new independent states of the former Soviet Union
and 
for 
related 
programs, 
Ω42æ$580,000,000
$705,000,000, to remain available until September 30,
1997: Provided, That the provisions of 498B(j) of the For-
eign Assistance Act of 1961 shall apply to funds appro-
priated by this paragraph.
(b) None of the funds appropriated under this head-
ing shall be transferred to the Government of Russia—
(1) unless that Government is making progress
in implementing comprehensive economic reforms
based on market principles, private ownership, nego-
tiating repayment of commercial debt, respect for
commercial contracts, and equitable treatment of
foreign private investment; and
(2) if that Government applies or transfers
United States assistance to any entity for the pur-
pose of expropriating or seizing ownership or control
of assets, investments, or ventures.
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(c) Funds may be furnished without regard to sub-
section (b) if the President determines that to do so is
in the national interest.
(d) None of the funds appropriated under this head-
ing shall be made available to any government of the new
independent states of the former Soviet Union if that gov-
ernment directs any action in violation of the territorial
integrity or national sovereignty of any other new inde-
pendent stateΩ43æ,–such as those violations included in
Principle Six of the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines
that to do so is in the national security interest of the
United States:–Provided further,: Provided, That the re-
striction of this subsection shall not apply to the use of
such funds for the provision of assistance for purposes of
humanitarian, disaster and refugee relief.
(e) None of the funds appropriated under this head-
ing for the new independent states of the former Soviet
Union shall be made available for any state to enhance
its military capabilityΩ44æ: Provided, That this restriction
does not apply to demilitarization, defense conversion or
non-proliferation programs.
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(f) Funds appropriated under this heading shall be
subject to the regular notification procedures of the Com-
mittees on Appropriations.
(g) Funds made available in this Act for assistance
to the new independent states of the former Soviet Union
shall be subject to the provisions of section 117 (relating
to environment and natural resources) of the Foreign As-
sistance Act of 1961.
(h) Funds appropriated under this heading may be
made available for assistance for Mongolia.
(i) Funds made available in this Act for assistance
to the new independent states of the former Soviet Union
shall be provided to the maximum extent feasible through
the private sector, including small- and medium-size busi-
nesses, entrepreneurs, and others with indigenous private
enterprises in the region, intermediary development orga-
nizations committed to private enterprise, and private vol-
untary organizations Ω45æpreviously functioning in the
new independent states.
Ω46æ(j) The ratio of private sector investment (in-
cluding volunteer contributions in cash or time) to United
States government assistance in projects referred to in
subsection (i) shall be no less than a ratio of 1 to 1.
Ω47æ(k) Of the funds appropriated under this heading,
not less than $15,000,000 should be available only for a
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family planning program for the new independent states
of the former Soviet Union comparable to the family plan-
ning program currently administered by the Agency for
International Development in the Central Asian Republics
and focusing on population assistance which provides an
alternative to abortion.
(l) Notwithstanding any other provision of law or this
Act, of the funds appropriated under this heading, not less
than $85,000,000 shall be made available for programs and
activities for Armenia, of which $35,000,000 shall be avail-
able for food, $40,000,000 shall be available for fuel, and
$10,000,000 shall be available for medical supplies and
services: Provided further, That these funds shall be in addi-
tion to funds justified for programs in the fiscal year 1996
congressional presentation documents.
(m) Of the funds made available by this or any other
Act, not less than $30,000,000 shall be made available for
programs and activities for Georgia.
(n) Of the funds appropriated under this heading, not
less than $225,000,000 shall be made available for Ukraine:
Provided, That of these funds made available, not less than
$3,000,000 shall be made available to assist in establishing
a commodities exchange board: Provided further, That not
less than $5,000,000 shall be made available to support im-
provements in the delivery of social services: Provided fur-
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ther, That not less than $20,000,000 shall be available to
support the development of small and medium enterprises:
Provided further, That not less than $2,000,000 shall be
provided to support strengthening in independent broadcast
and print media: Provided further, That not less than
$5,000,000 shall be available for a pilot project to screen,
diagnose, and treat Chernobyl victims suffering from breast
cancer: Provided further, That not less than $5,000,000
shall be available to support a joint United States-Ukraine
geographic survey to determine levels of contamination
caused by the Chernobyl reactor: Provided further, That not
less than $2,000,000 shall be available to conduct an assess-
ment of the energy distribution grid with recommendations
on improvements necessary to provide comprehensive indus-
trial, commercial and residential access to power: Provided
further, That not less than $5,000,000 shall be made avail-
able for a pilot project to establish a management and mar-
ket economics training partnership between a Ukrainian
university and a United States university with dem-
onstrated experience in Eastern Europe or the New Inde-
pendent States and an ability to plan and direct a multi-
faceted program including business management, manufac-
turing management, market economics, and public admin-
istration training.
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(o) Of the funds made available for Ukraine, under
this Act or any other Act, not less than $50,000,000 shall
be made available to improve nuclear energy self-sufficiency
and improve safety at nuclear reactors: Provided, That of
this amount, not less than $30,000,000 shall be made avail-
able to provide technical assistance, training and equip-
ment to develop institutions and procedures to license, pur-
chase, transfer and use nuclear fuel assemblies consistent
with International Atomic Energy Agency standards: Pro-
vided further, That of this amount, not less than
$20,000,000 shall be provided for the purchase, installation
and training for safety parameter display systems or safety
control systems at all nuclear operational nuclear reactors,
but on a priority basis at the Chernobyl facility.
(p) Notwithstanding any other provision of law or of
this Act, of the funds made available under this heading,
within 30 days of enactment of this Act, not less than
$4,500,000 shall be transferred to the Federal Bureau of In-
vestigation to establish Legal Attache´ offices and related
programs in Ukraine, Kazakhstan, and Estonia: Provided,
That these funds shall support both in country and regional
law enforcement liaison and investigation activities.
(q) Notwithstanding any other provision of law or of
this Act, of the funds made available under this heading,
within 30 days of enactment of this Act not less than
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$12,600,000 shall be transferred to the Federal Bureau of
Investigation for international training and cooperation in
Central Europe and the New Independent States: Provided,
That these funds may support training conducted at the
International Law Enforcement Academy in Hungary, in
country training sessions in Central Europe, the Baltics,
and the New Independent States, and efforts to establish
national law enforcement institutes.
(r) Of the funds made available under this heading,
not less than $20,000,000 shall be available for hospital
partnership programs.
(s) Of the funds made available under this heading,
not less than $45,000,000 shall be provided to the Western
NIS Enterprise Fund.
(t) No funds may be made available under this head-
ing, until the Department of State Office of the Coordinator
for United States Assistance to the New Independent States
submits a report to the Committees on Appropriations pro-
viding a country by country development strategy including
the type of activities planned to carry out the strategy re-
quirements.
(u) No funds may be made available under this head-
ing for Russia unless the President determines and certifies
in writing to the Committees on Appropriations that the
Government of Russia has terminated all planning and im-
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plementation of arrangements to provide Iran with tech-
nical expertise, training, technology or equipment necessary
to develop a nuclear reactor or related nuclear research fa-
cilities or programs.
(v) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available
for an Enterprise Fund may be deposited by such Fund
in interest-bearing accounts prior to the Funds disburse-
ment of such funds. The Fund may retain for program pur-
poses any interest earned on such deposits without return-
ing such interest to the Treasury of the United States and
without further appropriation by Congress.
(w) Of the funds made available under this heading,
not less than $15,000,000 shall be made available to support
establishing a Trans-Caucasus Enterprise Fund.
Ω48æINDEPENDENT AGENCIES
Ω49æAFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out the provisions
of title V of the International Security and Development
Cooperation Act of 1980, Public Law 96–533, and to
make such contracts and commitments without regard to
fiscal year limitations, as provided by 31 U.S.C. 9104,
$11,500,000.
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Ω50æINTER-AMERICAN FOUNDATION
For expenses necessary to carry out the functions of
the Inter-American Foundation in accordance with the
provisions of section 401 of the Foreign Assistance Act
of 1969, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 9104, title 31, United States Code, $20,000,000.
PEACE CORPS
For expenses necessary to carry out the provisions
of the Peace Corps Act (75 Stat. 612), Ω51æ$210,000,000
$200,000,000, including the purchase of not to exceed five
passenger motor vehicles for administrative purposes for
use outside of the United States: Provided, That none of
the funds appropriated under this heading shall be used
to pay for abortionsΩ52æ: Provided further, That funds ap-
propriated under this heading shall remain available until
September 30, 1997.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL
For necessary expenses to carry out the provisions
of section 481 of the Foreign Assistance Act of 1961,
Ω53æ$113,000,000 $150,000,000: Provided, That during
fiscal year 1996, the Department of State may also use
the authority of section 608 of the Foreign Assistance Act
of 1961, without regard to its restrictions, to receive non-
lethal excess property from an agency of the United States
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Government for the purpose of providing it to a foreign
country under chapter 8 of part I of that Act subject to
the regular notification procedures of the Committees on
AppropriationsΩ54æ: Provided further, That of the funds
appropriated under this heading, not less than $1,800,000
shall be available to establish and maintain a Federal Bu-
reau of Investigation Legal Attache´ office in Cairo, Egypt:
Provided further, That not less than $5,000,000 shall be
made available to the Federal Bureau of Investigation and
the Secret Service to establish and maintain offices in the
Triborder area of Argentina, Brazil and Paraguay.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary
to enable the Secretary of State to provide, as authorized
by law, a contribution to the International Committee of
the Red Cross, assistance to refugees, including contribu-
tions to the International Organization for Migration and
the United Nations High Commissioner for Refugees, and
other activities to meet refugee and migration needsΩ55æ;
salaries and expenses of personnel and dependents as au-
thorized by the Foreign Service Act of 1980; salaries and
expenses of personnel assigned to the bureau charged with
carrying out the Migrations and Refugee Assistance Act; al-
lowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109
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of title 5, United States Code, $671,000,000Ω56æ: Pro-
vided, That not more than $12,000,000 shall be available
for administrative expensesΩ57æ:–Provided, That, one of
the funds appropriated under this heading shall be avail-
able for salaries and expenses of personnel assigned to the
bureau charged with carrying out the Migration and Refu-
gee Assistance ActΩ58æ: Provided further, That not less
than $80,000,000 shall be made available for refugees from
the former Soviet Union and Eastern Europe and other ref-
ugees resettling in Israel.
Ω59æREFUGEE RESETTLEMENT ASSISTANCE
For necessary expenses for the targeted assistance
program authorized by title IV of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980 and administered by the Office of
Refugee Resettlement of the Department of Health and
Human Services, in addition to amounts otherwise avail-
able for such purposes, $5,000,000.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION
ASSISTANCE FUND
For necessary expenses to carry out the provisions
of section 2(c) of the Migration and Refugee Assistance
Act
of
1962,
as amended (22 U.S.C. 260(c)),
$50,000,000, to remain available until expended: Pro-
vided, That the funds made available under this heading
are appropriated notwithstanding the provisions contained
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in section 2(c)(2) of the Migration and Refugee Assistance
Act of 1962 which would limit the amount of funds which
could be appropriated for this purpose.
ANTI-TERRORISM ASSISTANCE
For necessary expenses to carry out the provisions
of chapter 8 of part II of the Foreign Assistance Act of
1961, Ω60æ$17,000,000 $15,000,000.
NONPROLIFERATION AND DISARMAMENT FUND
For necessary expenses for a ‘‘Nonproliferation and
Disarmament Fund’’, $20,000,000, to remain available
until expended, to promote bilateral and multilateral ac-
tivities: Provided, That such funds may be used pursuant
to the authorities contained in section 504 of the FREE-
DOM Support Act: Provided further, That such funds may
also be used for such countries other than the new inde-
pendent states of the former Soviet Union and inter-
national organizations when it is in the national security
interest of the United States to do so: Provided further,
That funds appropriated under this heading may be made
available notwithstanding any other provision of law: Pro-
vided further, That funds appropriated under this heading
shall be subject to the regular notification procedures of
the Committees on Appropriations.
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TITLE III—MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions
of section 541 of the Foreign Assistance Act of 1961,
Ω61æ$39,000,000 $19,000,000: Provided, That up to
$100,000 of the funds appropriated under this heading
may be made available for grant financed military edu-
cation and training for any high income country on the
condition that that country agrees to fund from its own
resources the transportation cost and living allowances of
its students: Provided further, That the civilian personnel
for whom military education and training may be provided
under this heading may also include members of national
legislatures who are responsible for the oversight and
management of the military, and may also include individ-
uals who are not members of a government: Provided fur-
ther, That none of the funds appropriated under this head-
ing shall be available for Zaire Ω62æand GuatemalaΩ63æ:–
Provided further, That funds appropriated under this
heading for grant financed military education and training
for Indonesia and Guatemala may only be available for
expanded military education and training.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the
President to carry out the provisions of section 23 of the
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Arms 
Export 
Control 
Act, 
Ω64æ$3,211,279,000
$3,207,500,000Ω65æ:–Provided, That funds appropriated
by this paragraph that are made available for Israel and
Egypt shall be made available only as grants: Provided
further, That the funds appropriated by this paragraph
that are made available for Israel shall be disbursed within
thirty days of enactment of this Act or by October 31,
1995, whichever is later: Provided further, That to the ex-
tent that the Government of Israel requests that funds be
used for such purposes, grants made available for Israel
by this paragraph shall, as agreed by Israel and the Unit-
ed States, be available for advanced weapons systems, of
which not to exceed $475,000,000 shall be available for
the procurement in Israel of defense articles and defense
services, including research and development: Provided
further, That funds made available under this paragraph
shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: : Provided,
That of the funds appropriated by this paragraph not less
than $1,800,000,000 shall be available for grants only for
Israel, and not less than $1,300,000,000 shall be available
for grants only for Egypt: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed
within thirty days of enactment of this Act or by October
31, 1995, whichever is later: Provided further, That to the
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extent that the Government of Israel requests that funds be
used for such purposes, grants made available for Israel by
this paragraph shall, as agreed by Israel and the United
States, be available for advanced fighter aircraft programs
or for other advanced weapons systems, as follows: (1) up
to $150,000,000 shall be available for research and develop-
ment in the United States; and (2) not less than
$475,000,000 shall be available for the procurement in Is-
rael of defense articles and defense services, including re-
search and developmentΩ66æ: Provided further, That funds
made available under this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That, for the purpose
only of providing support for the Warsaw Initiative Pro-
gram, of the funds appropriated by this Act under the head-
ings ‘‘Assistance for Eastern Europe and the Baltic States’’
and ‘‘Assistance for the New Independent States of the
Former Soviet Union’’, up to a total of $20,000,000 may
be transferred, notwithstanding any other provision of law,
to the funds appropriated under this paragraph Provided
further, That none of the funds made available under this
heading shall be available for any non-NATO country par-
ticipating in the Partnership for Peace Program except
through the regular notification procedures of the Com-
mittees on Appropriations.
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For the cost, as defined in section 502 of the Con-
gressional Budget Act of 1974, of direct loans authorized
by section 23 of the Arms Export Control Act as follows:
cost of direct loans, $64,400,000: Provided, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans of not to exceed
$544,000,000: Provided further, That the rate of interest
charged on such loans shall be not less than the current
average market yield on outstanding marketable obliga-
tions of the United States of comparable maturities: Pro-
vided further, That funds appropriated under this heading
shall be made available for Greece and Turkey only on
a loan basis, and the principal amount of direct loans for
each country shall not exceed Ω67æthe following:
$224,000,000 Ω68æonly for Greece and Ω69æshall not ex-
ceed $320,000,000 Ω70æonly for TurkeyΩ71æ: Provided
further, That the President should seek the agreement of the
Prime Minister of Turkey to permit access throughout Tur-
key for international humanitarian organizations which
operate confidentially, and report to the Committee on Ap-
propriations by June 1, 1996, on progress towards such
agreement.
None of the funds made available under this heading
shall be available to finance the procurement of defense
articles, defense services, or design and construction serv-
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ices that are not sold by the United States Government
under the Arms Export Control Act unless the foreign
country proposing to make such procurements has first
signed an agreement with the United States Government
specifying the conditions under which such procurements
may be financed with such funds: Provided, That all coun-
try and funding level increases in allocations shall be sub-
mitted through the regular notification procedures of sec-
tion 515 of this Act: Provided further, That funds made
available under this heading shall be obligated upon appor-
tionment in accordance with paragraph (5)(C) of title 31,
United States Code, section 1501(a): Provided further,
That none of the funds appropriated under this heading
shall be available for Zaire, Sudan, Peru, Liberia, and
Guatemala: Provided further, That none of the funds ap-
propriated or otherwise made available for use under this
heading may be made available for Colombia or Bolivia
until the Secretary of State certifies that such funds will
be used by such country primarily for counternarcotics ac-
tivities: Provided further, That funds made available under
this heading may be used, notwithstanding any other pro-
vision of law, for demining activities, and may include ac-
tivities implemented through nongovernmental and inter-
national organizations: Provided further, That not more
than $100,000,000 of the funds made available under this
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heading shall be available for use in financing the procure-
ment of defense articles, defense services, or design and
construction services that are not sold by the United
States Government under the Arms Export Control Act
to countries other than Israel and Egypt: Provided further,
That only those countries for which assistance was justi-
fied for the ‘‘Foreign Military Sales Financing Program’’
in the fiscal year 1989 congressional presentation for secu-
rity assistance programs may utilize funds made available
under this heading for procurement of defense articles, de-
fense services or design and construction services that are
not sold by the United States Government under the Arms
Export Control Act: Provided further, That, subject to the
regular notification procedures of the Committees on Ap-
propriations, funds made available under this heading for
the cost of direct loans may also be used to supplement
the funds available under this heading for grants, and
funds made available under this heading for grants may
also be used to supplement the funds available under this
heading for the cost of direct loans: Provided further, That
funds appropriated under this heading shall be expended
at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That
the Department of Defense shall conduct during the cur-
rent fiscal year nonreimbursable audits of private firms
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whose contracts are made directly with foreign govern-
ments and are financed with funds made available under
this heading (as well as subcontractors thereunder) as re-
quested by the Defense Security Assistance Agency: Pro-
vided further, That not more than Ω72æ$24,000,000
$22,500,000 of the funds appropriated under this heading
may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only
for use outside of the United States, for the general costs
of administering military assistance and sales: Provided
further, That not more than $355,000,000 of funds real-
ized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 1996 pursuant
to section 43(b) of the Arms Export Control Act, except
that this limitation may be exceeded only through the reg-
ular notification procedures of the Committees on Appro-
priations.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions
of section 551 of the Foreign Assistance Act of 1961,
Ω73æ$68,300,000 $72,033,000: Provided, That none of the
funds appropriated under this paragraph shall be obligated
or expended except as provided through the regular notifica-
tion procedures of the Committees on Appropriations.
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TITLE IV—MULTILATERAL ECONOMIC
ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
CONTRIBUTION TO THE INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the International Bank for Recon-
struction and Development by the Secretary of the Treas-
ury, for the United States share of the paid-in share por-
tion of the increases in capital stock for the General Cap-
ital Increase, Ω74æ$23,009,000 $28,189,963, to remain
available until expendedΩ75æ: Provided further, That not
more than twenty-one days prior to the obligation of each
such sum, the Secretary shall submit a certification to the
committees on Appropriations that the Bank has not ap-
proved any loans to Iran since October 1, 1994, or the
President of the United States certifies that withholding of
these funds is contrary to the national interest of the United
States.
For payment to the International Bank for Recon-
struction and Development by the Secretary of the Treas-
ury, for the United States contribution to the Global Envi-
ronment Facility (GEF), Ω76æ$30,000,000 $50,000,000,
to remain available until September 30, 1997.
HR 1868 PP
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the International
Bank for Reconstruction and Development may subscribe
without fiscal year limitation to the callable capital portion
of the United States share of increases in capital stock
in 
an 
amount 
not 
to 
exceed 
Ω77æ$743,900,000
$911,475,013.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION
For payment to the International Development Asso-
ciation 
by 
the 
Secretary 
of 
the 
Treasury,
Ω78æ$575,000,000 $775,000,000, for the United States
contribution to the tenth replenishment, to remain avail-
able until expended.
Ω79æCONTRIBUTION TO THE INTERNATIONAL FINANCE
CORPORATION
For payment to the International Finance Corpora-
tion by the Secretary of the Treasury, $67,550,000, for the
United States share of the increase in subscriptions to cap-
ital stock, to remain available until expended: Provided,
That of the amount appropriated under this heading not
more than $5,269,000 may be expended for the purchase
of such stock in fiscal year 1996.
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CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT
BANK
For payment to the Inter-American Development
Bank by the Secretary of the Treasury, for the United
States share of the paid-in share portion of the increase
in capital stock, Ω80æ$25,950,000 $25,952,110, and for the
United States share of the increase in the resources of the
Fund for Special Operations, $20,000,000, to remain avail-
able until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Inter-American
Development Bank may subscribe without fiscal year limi-
tation to the callable capital portion of the United States
share of such capital stock in an amount not to exceed
Ω81æ$1,523,000,000 $1,523,767,142.
Ω82æCONTRIBUTION TO THE ENTERPRISE FOR THE
AMERICAS MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Multi-
lateral Investment Fund by the Secretary of the Treasury,
for the United States contribution to the Fund to be admin-
istered 
by 
the 
Inter-American 
Development 
Bank,
$70,000,000 to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK
For payment to the Asian Development Bank by the
Secretary of the Treasury for the United States share of
the paid-in portion of the increase in capital stock,
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Ω83æ$13,200,000 $13,221,596, to remain available until
expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Asian Develop-
ment Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share
of such capital stock in an amount not to exceed
Ω84æ$647,000,000 $647,858,204.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary
of the Treasury to the increases in resources of the Asian
Development Fund, as authorized by the Asian Devel-
opment Bank Act, as amended (Public Law 89–369),
Ω85æ$100,000,000 $110,000,000, to remain available until
expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruc-
tion and Development by the Secretary of the Treasury,
Ω86æ$69,180,000 $70,000,000, for the United States
share of the paid-in share portion of the initial capital sub-
scription, to remain available until expended: Provided,
That of the amount appropriated under this heading not
more than $54,600,000 may be expended for the purchase
of such stock in fiscal year 1996.
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LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank
for Reconstruction and Development may subscribe with-
out fiscal year limitation to the callable capital portion of
the United States share of such capital stock in an amount
not to exceed Ω87æ$161,400,000 $163,333,333.
Ω88æNORTH AMERICAN DEVELOPMENT BANK
For payment to the North American Development
Bank by the Secretary of the Treasury, for the United
States share of the paid-in portion of the capital stock,
$56,250,000, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the North American
Development Bank may subscribe without fiscal year limi-
tation to the callable capital portion of the United States
share of the capital stock of the North American Develop-
ment Bank in an amount not to exceed $318,750,000.
NORTH AMERICAN DEVELOPMENT BANK
For payment to the North American Development
Bank by the Secretary of the Treasury, for the United
States share of the paid-in portion of the capital stock,
$25,000,000, to remain available until expended: Provided,
That for the payment to the Enterprise for the Americas
Multilateral Investment Fund by the Secretary of the Treas-
ury, for the United States contribution to the fund to be
HR 1868 PP
administered by the Inter-American Development Bank,
$45,000,000 is provided to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the North American De-
velopment Bank may subscribe without fiscal year limita-
tion to the callable capital portion of the United States
share of the capital stock of the North American Develop-
ment Bank in an amount not to exceed $318,750,000.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions
of section 301 of the Foreign Assistance Act of 1961, and
of section 2 of the United Nations Environment Program
Participation 
Act 
of 
1973, 
Ω89æ$155,000,000
$260,000,000: Ω90æProvided, Provided, That not less than
$3,000,000 of the funds appropriated under this heading
shall be made available for the World Food Program: Pro-
vided further, That none of the funds appropriated under
this heading shall be made available for the United Na-
tions Fund for Science and Technology: Provided further,
That funds appropriated under this heading may be made
available for the International Atomic Energy Agency only
if the Secretary of State determines (and so reports to
the Congress) that Israel is not being denied its right to
participate in the activities of that AgencyΩ91æ: Provided
further, That any reduction in the amounts made available
under this heading for each of the United Nations Develop-
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ment Program, the United Nations Children’s Fund, the
United Nations Environment Program, and the Inter-
national Atomic Energy Agency, from the amounts made
available under this heading for such organization for fiscal
year 1995, shall not exceed the percentage by which the total
amount appropriated under this heading is reduced from
the total amount appropriated under this heading for fiscal
year 1995: Provided further, That none of the funds appro-
priated under this heading that are made available to the
United Nations Population Fund (UNFPA) shall be made
available for activities in the People’s Republic of China:
Provided further, That not more than Ω92æ$25,000,000
$35,000,000 of the funds appropriated under this heading
may be made available to the UNFPA: Provided further,
That not more than one-half of this amount may be pro-
vided to UNFPA before March 1, 1996, and that no later
than February 15, 1996, the Secretary of State shall sub-
mit a report to the Committees on Appropriations indicat-
ing the amount UNFPA is budgeting for the People’s Re-
public of China in 1996: Provided further, That any
amount UNFPA plans to spend in the People’s Republic
of China in 1996 above $7,000,000, shall be deducted
from the amount of funds provided to UNFPA after
March 1, 1996 pursuant to the previous provisos: Provided
further, That with respect to any funds appropriated
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under this heading that are made available to UNFPA,
UNFPA shall be required to maintain such funds in a sep-
arate account and not commingle them with any other
fundsΩ93æ: Provided further, That of the funds appro-
priated under this heading, not less than $1,000,000 shall
be made available to UNIFEMΩ94æ:–Provided further,
That up to $13,000,000 may be made available to the Ko-
rean
Peninsula
Energy
Development
Organization
(KEDO) for administrative expenses and heavy fuel oil
costs associated with the Framework Agreement: Provided
further, That additional funds may be made available to
KEDO subject to the regular notification procedures of
the Committees on AppropriationsΩ95æ: Provided further,
That not less than $1,500,000 of the funds appropriated
under this heading shall be made available for the United
Nations Fund for Victims of Torture.
TITLE V—GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled
‘‘International Disaster Assistance’’, and ‘‘United States
Emergency Refugee and Migration Assistance Fund’’, not
more than 15 per centum of any appropriation item made
available by this Act shall be obligated during the last
month of availability.
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PROHIBITION OF BILATERAL FUNDING FOR
INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 502. None of the funds contained in title II of
this Act may be used to carry out the provisions of section
209(d) of the Foreign Assistance Act of 1961.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $126,500 shall
be for official residence expenses of the Agency for Inter-
national Development during the current fiscal year: Pro-
vided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made avail-
able pursuant to this Act, Ω96ænot to exceed $5,000 no
funds shall be for entertainment expenses of the Agency
for International Development during the current fiscal
year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for the Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-
HR 1868 PP
owned foreign currencies are utilized in lieu of dollars:
Provided further, That of the funds made available by this
Act for general costs of administering military assistance
and sales under the heading ‘‘Foreign Military Financing
Program’’, Ω97ænot to exceed $2,000 no funds shall be
available for entertainment expenses and not to exceed
$50,000 shall be available for representation allowances:
Provided further, That of the funds made available by this
Act under the heading ‘‘International Military Education
and Training’’, not to exceed $50,000 shall be available
for entertainment allowances: Provided further, That of
the funds made available by this Act for the Inter-Amer-
ican Foundation, Ω98æno funds shall be available for enter-
tainment and not to exceed $2,000 shall be available for
Ω99æentertainment and representation allowances: Pro-
vided further, That of the funds made available by this
Act for the Peace Corps, Ω100ænot to exceed a total of
$4,000 no funds shall be available for entertainment ex-
penses: Provided further, That of the funds made available
by this Act under the heading ‘‘Trade and Development
Agency’’, Ω101æno funds shall be available for entertain-
ment and not to exceed $2,000 shall be available for rep-
resentation Ω102æand entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made
available (other than funds for ‘‘International Organiza-
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tions and Programs’’) pursuant to this Act, for carrying
out the Foreign Assistance Act of 1961, may be used, ex-
cept for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance or repara-
tions to Cuba, Iraq, Libya, North Korea, Iran, Serbia,
Sudan, or Syria: Provided, That for purposes of this sec-
tion, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance and guarantees of
the Export-Import Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance to any coun-
try whose duly elected Head of Government is deposed by
military coup or decree: Provided, That assistance may be
resumed to such country if the President determines and
reports to the Committees on Appropriations that subse-
quent to the termination of assistance a democratically
elected government has taken office.
HR 1868 PP
TRANSFERS BETWEEN ACCOUNTS
SEC. 509. None of the funds made available by this
Act may be obligated under an appropriation account to
which they were not appropriated, except for transfers
specifically provided for in this Act, unless the President,
prior to the exercise of any authority contained in the For-
eign Assistance Act of 1961 to transfer funds, consults
with and provides a written policy justification to the
Committees on Appropriations of the House of Represent-
atives and the Senate: Provided, That the exercise of such
authority shall be subject to the regular notification proce-
dures of the Committees on Appropriations, except for
transfers specifically referred to in this Act.
DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. Ω103æ(a) Amounts certified pursuant to
section 1311 of the Supplemental Appropriations Act,
1955, as having been obligated against appropriations
heretofore made under the authority of the Foreign Assist-
ance Act of 1961 for the same general purpose as any
of the headings under title II of this Act are, if
deobligated, hereby continued available for the same pe-
riod as the respective appropriations under such headings
or until September 30, 1996, whichever is later, and for
the same general purpose, and for countries within the
same region as originally obligated: Provided, That the
Appropriations Committees of both Houses of the Con-
HR 1868 PP
gress are notified fifteen days in advance of the
deobligation and reobligation of such funds in accordance
with regular notification procedures of the Committees on
Appropriations.
Ω104æ(b) Obligated balances of funds appropriated to
carry out section 23 of the Arms Export Control Act as
of the end of the fiscal year immediately preceding the cur-
rent fiscal year are, if deobligated, hereby continued avail-
able during the current fiscal year for the same purpose
under any authority applicable to such appropriations
under this Act: Provided, That the authority of this sub-
section may not be used in fiscal year 1996.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in
this Act shall remain available for obligation after the ex-
piration of the current fiscal year unless expressly so pro-
vided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8 and 11 of part I, section
667, and chapter 4 of part II of the Foreign Assistance
Act of 1961, as amended, and funds provided under the
heading ‘‘Assistance for Eastern Europe and the Baltic
States’’, shall remain available until expended if such
funds are initially obligated before the expiration of their
respective periods of availability contained in this Act:
Provided further, That, notwithstanding any other provi-
sion of this Act, any funds made available for the purposes
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of chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 which are allocated or ob-
ligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall re-
main available until expended: Provided further, That the
report required by section 653(a) of the Foreign Assist-
ance Act of 1961 shall designate for each country, to the
extent known at the time of submission of such report,
those funds allocated for cash disbursement for balance
of payment and economic policy reform purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in
this Act shall be used to furnish assistance to any country
which is in default during a period in excess of one cal-
endar year in payment to the United States of principal
or interest on any loan made to such country by the Unit-
ed States pursuant to a program for which funds are ap-
propriated under this Act: Provided, That this section and
section 620(q) of the Foreign Assistance Act of 1961 shall
not apply to funds made available in this Act or during
the current fiscal year for Nicaragua, and for any narcot-
ics-related assistance for Colombia, Bolivia, and Peru au-
thorized by the Foreign Assistance Act of 1961 or the
Arms Export Control Act.
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COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or
made available pursuant to this Act for direct assistance
and none of the funds otherwise made available pursuant
to this Act to the Export-Import Bank and the Overseas
Private Investment Corporation shall be obligated or ex-
pended to finance any loan, any assistance or any other
financial commitments for establishing or expanding pro-
duction of any commodity for export by any country other
than the United States, if the commodity is likely to be
in surplus on world markets at the time the resulting pro-
ductive capacity is expected to become operative and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Ex-
port-Import Bank if in the judgment of its Board of Direc-
tors the benefits to industry and employment in the Unit-
ed States are likely to outweigh the injury to United
States producers of the same, similar, or competing com-
modity, Ω105æand the Chairman of the Board so notifies
the Committees on Appropriations.
(b) None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing
or breeding feasibility study, variety improvement or intro-
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duction, consultancy, publication, conference, or training
in connection with the growth or production in a foreign
country of an agricultural commodity for export which
would compete with a similar commodity grown or pro-
duced in the United States: Provided, That this subsection
shall not prohibit—
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact in the export of agricul-
tural commodities of the United States; or
(2) research activities intended primarily to
benefit American producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall in-
struct the United States Executive Directors of the Inter-
national Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development
Bank, the International Monetary Fund, the Asian Devel-
opment Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the Euro-
pean Bank for Reconstruction and Development, the Afri-
can Development Bank, and the African Development
Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds
appropriated or made available pursuant to this Act, for
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the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the Execu-
tive Branch with the necessary administrative flexibility,
none of the funds made available under this Act for
Ω106æ‘‘Child Survival and Disease Programs Fund’’,
‘‘Development Assistance Fund’’, ‘‘Development Fund for
Africa’’, ‘‘Economic Assistance’’, ‘‘International organiza-
tions and programs’’, ‘‘Trade and Development Agency’’,
‘‘International narcotics control’’, ‘‘Assistance for Eastern
Europe and the Baltic States’’, ‘‘Assistance for the New
Independent States of the Former Soviet Union’’,
Ω107æ‘‘Economic Support Fund’’, ‘‘Peacekeeping oper-
ations’’, ‘‘Operating expenses of the Agency for Inter-
national Development’’, ‘‘Operating expenses of the Agen-
cy for International Development Office of Inspector Gen-
eral’’, ‘‘Nonproliferation and Disarmament Fund’’, ‘‘Anti-
terrorism assistance’’, ‘‘Foreign Military Financing Pro-
gram’’, ‘‘International military education and training’’,
Ω108æ‘‘Inter-American Foundation’’, ‘‘African Develop-
ment Foundation’’, ‘‘Peace Corps’’, Ω109æ‘‘Middle East
Fund’’ or ‘‘Migration and refugee assistance’’, Ω110æor
‘‘United States Emergency Refugee and Migration Assist-
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ance Fund’’, shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries,
or other operations not justified or in excess of the amount
justified to the Appropriations Committees for obligation
under any of these specific headings unless the Appropria-
tions Committees of both Houses of Congress are pre-
viously notified fifteen days in advance: Provided, That the
President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms
Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles,
or combat vehicles, not previously justified to Congress or
20 per centum in excess of the quantities justified to Con-
gress unless the Committees on Appropriations are noti-
fied fifteen days in advance of such commitment: Provided
further, That this section shall not apply to any
reprogramming for an activity, program, or project under
chapter 1 of part I of the Foreign Assistance Act of 1961
of less than Ω111æ20 10 per centum of the amount pre-
viously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year:
Provided further, That the requirements of this section or
any similar provision of this Act or any prior Act requiring
notification in accordance with the regular notification
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procedures of the Committees on Appropriations may be
waived if failure to do so would pose a substantial risk
to human health or welfare: Provided further, That in case
of any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than three days
after taking the action to which such notification require-
ment was applicable, in the context of the circumstances
necessitating such waiver: Provided further, That any noti-
fication provided pursuant to such a waiver shall contain
an explanation of the emergency circumstances.
Drawdowns made pursuant to section 506(a)(2) of
the Foreign Assistance Act of 1961 shall be subject to the
regular notification procedures of the Committees on Ap-
propriations.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. Notwithstanding any other provision of law
or of this Act, none of the funds provided for ‘‘Inter-
national Organizations and Programs’’ shall be available
for the United States proportionate share, in accordance
with section 307(c) of the Foreign Assistance Act of 1961,
for any programs identified in section 307, or for Libya,
Iran, or, at the discretion of the President, Communist
countries listed in section 620(f) of the Foreign Assistance
Act of 1961, as amended: Provided, That, subject to the
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regular notification procedures of the Committees on Ap-
propriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign
operations, export financing, and related programs, which
are returned or not made available for organizations and
programs because of the implementation of this section
or any similar provision of law, shall remain available for
obligation through September 30, 1997.
ECONOMIC Ω112æSUPPORT FUND ASSISTANCE FOR
ISRAEL
SEC. 517. The Congress finds that progress on the
peace process in the Middle East is vitally important to
United States security interests in the region. The Con-
gress recognizes that, in fulfilling its obligations under the
Treaty of Peace Between the Arab Republic of Egypt and
the State of Israel, done at Washington on March 26,
1979, Israel incurred severe economic burdens. Further-
more, the Congress recognizes that an economically and
militarily secure Israel serves the security interests of the
United States, for a secure Israel is an Israel which has
the incentive and confidence to continue pursuing the
peace process. Therefore, the Congress declares that, sub-
ject to the availability of appropriations, it is the policy
and the intention of the United States that the funds pro-
vided in annual appropriations for Ω113æthe Economic
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Support Fund economic assistance which are allocated to
Israel shall not be less than the annual debt repayment
(interest and principal) from Israel to the United States
Government in recognition that such a principle serves
United States interests in the region.
PROHIBITION Ω114æCONCERNING ABORTIONS ON FUND-
ING FOR ABORTIONS AND INVOLUNTARY STERILIZA-
TION
SEC. 518. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as
amended, may be used to pay for the performance of abor-
tions as a method of family planning or to motivate or
coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assist-
ance Act of 1961, as amended, may be used to pay for
the performance of involuntary sterilization as a method
of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of
the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay
for any biomedical research which relates in whole or in
part, to methods of, or the performance of, abortions or
involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be
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obligated or expended for any country or organization if
the President certifies that the use of these funds by any
such country or organization would violate any of the
above provisions related to abortions and involuntary steri-
lizationsΩ115æ: Provided, That in determining eligibility
for assistance from funds appropriated to carry out section
104 of the Foreign Assistance Act of 1961, nongovernmental
and multilateral organizations shall not be subjected to re-
quirements more restrictive than the requirements applica-
ble to foreign governments for such assistance: Provided fur-
ther, That none of the funds made available under this Act
may be used to lobby for or against abortion.
REPORTING REQUIREMENT
SEC. 519. The President shall submit to the Commit-
tees on Appropriations the reports required by section
25(a)(1) of the Arms Export Control Act.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated in this Act
shall be obligated or expended for Colombia, Dominican
Republic, Guatemala, Haiti, Ω116æIndonesia, Liberia,
Nicaragua, Pakistan, Peru, Ω117æRussia, Sudan, or Zaire
except as provided through the regular notification proce-
dures of the Committees on Appropriations: Provided,
That this section shall not apply to funds appropriated
by this Act to carry out the provisions of chapter 1 of
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part I of the Foreign Assistance Act of 1961 that are
made available for Ω118æIndonesia and Nicaragua.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the Appropria-
tions Act account level and shall include all Appropriations
and Authorizations Acts earmarks, ceilings, and limita-
tions with the exception that for the following accounts:
Economic Support Fund and Foreign Military Financing
Program, ‘‘program, project, and activity’’ shall also be
considered to include country, regional, and central pro-
gram level funding within each such account; for the devel-
opment assistance accounts of the Agency for Inter-
national Development ‘‘program, project, and activity’’
shall also be considered to include central program level
funding, either as (1) justified to the Congress, or (2) allo-
cated by the executive branch in accordance with a report,
to be provided to the Committees on Appropriations within
thirty days of enactment of this Act, as required by section
653(a) of the Foreign Assistance Act of 1961.
Ω119æFAMILY PLANNING, CHILD SURVIVAL AND AIDS
ACTIVITIES
SEC. 522. Up to $8,000,000 of the funds made avail-
able by this Act for assistance for family planning, health,
child survival, and AIDS, may be used to reimburse Unit-
ed States Government agencies, agencies of State govern-
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ments, institutions of higher learning, and private and vol-
untary organizations for the full cost of individuals (in-
cluding for the personal services of such individuals) de-
tailed or assigned to, or contracted by, as the case may
be, the Agency for International Development for the pur-
pose of carrying out family planning activities, child sur-
vival activities and activities relating to research on, and
the treatment and control of, acquired immune deficiency
syndrome in developing countries: Provided, That funds
appropriated by this Act that are made available for child
survival activities or activities relating to research on, and
the treatment and control of, acquired immune deficiency
syndrome may be made available notwithstanding any pro-
vision of law that restricts assistance to foreign countries:
Provided further, That funds appropriated by this Act that
are made available for family planning activities may be
made available notwithstanding section 512 of this Act
and section 620(q) of the Foreign Assistance Act of 1961.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES
SEC. 523. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
to finance indirectly any assistance or reparations to
Cuba, Iraq, Libya, Iran, Syria, North Korea, or the Peo-
ple’s Republic of China, unless the President of the United
States certifies that the withholding of these funds is con-
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trary to the national Ω120æsecurity interest of the United
States.
RECIPROCAL LEASING
SEC. 524. Section 61(a) of the Arms Export Control
Act is amended by striking out ‘‘1995’’ and inserting in
lieu thereof ‘‘1996’’.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 525. Prior to providing excess Department of
Defense articles in accordance with section 516(a) of the
Foreign Assistance Act of 1961, the Department of De-
fense shall notify the Committees on Appropriations to the
same extent and under the same conditions as are other
committees pursuant to subsection (c) of that section: Pro-
vided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees: Provided further, That
such Committees shall also be informed of the original ac-
quisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
SEC. 526. Funds appropriated by this Act may be
obligated and expended Ω121æsubject to notwithstanding
section 10 of Public Law 91–672 and section 15 of the
State Department Basic Authorities Act of 1956.
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OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES
BY INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 527. (a) INSTRUCTIONS FOR UNITED STATES
EXECUTIVE DIRECTORS.—The Secretary of the Treasury
shall instruct the United States Executive Director of each
international financial institution designated in subsection
(b), and the Administrator of the Agency for International
Development shall instruct the United States Executive
Director of the International Fund for Agriculture Devel-
opment, to use the voice and vote of the United States
to oppose any loan or other use of the funds of the respec-
tive institution to or for a country for which the Secretary
of State has made a determination under section 6(j) of
the Export Administration Act of 1979.
(b) DEFINITION.—For purposes of this section, the
term ‘‘international financial institution’’ includes—
(1) the International Bank for Reconstruction
and Development, the International Development
Association, and the International Monetary Fund;
and
(2) wherever applicable, the Inter-American De-
velopment Bank, the Asian Development Bank, the
African Development Bank, the African Develop-
ment Fund, and the European Bank for Reconstruc-
tion and Development.
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Ω122æPROHIBITION ON BILATERAL ASSISTANCE TO
TERRORIST COUNTRIES
SEC. 527A. (a) Notwithstanding any other provision
of law, funds appropriated for bilateral assistance under
any heading of this Act and funds appropriated under any
such heading in a provision of law enacted prior to enact-
ment of this Act, shall not be made available to any country
which the President determines—
(1) grants sanctuary from prosecution to any in-
dividual or group which has committed an act of
international terrorism, or
(2) otherwise supports international terrorism.
(b) The President may waive the application of sub-
section (a) to a country if the President determines that
national security or humanitarian reasons justify such
waiver. The President shall publish each waiver in the Fed-
eral Register and, at least fifteen days before the waiver
takes effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the waiver)
in accordance with the regular notification procedures of
the Committees on Appropriations.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 528. Notwithstanding any other provision of
law, and subject to the regular notification requirements
of the Committees on Appropriations, the authority of sec-
tion 23(a) of the Arms Export Control Act may be used
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to provide financing to Ω123æIsrael and Israel, Egypt and
NATO and major non-NATO allies for the procurement
by leasing (including leasing with an option to purchase)
of defense articles from United States commercial suppli-
ers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible ci-
vilian application), if the President determines that there
are compelling foreign policy or national security reasons
for those defense articles being provided by commercial
lease rather than by government-to-government sale under
such Act.
Ω124æCOMPETITIVE INSURANCE
SEC. 528A. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States insurance companies have a fair opportunity
to bid for insurance when such insurance is necessary or
appropriate.
Ω125æSTINGERS IN THE PERSIAN GULF REGION
SEC. 529. Except as provided in section 581 of the
Foreign Operations, Export Financing, and Related Pro-
grams Appropriations Act, 1990, the United States may
not sell or otherwise make available any Stingers to any
country bordering the Persian Gulf under the Arms Ex-
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port Control Act or chapter 2 of part II of the Foreign
Assistance Act of 1961.
DEBT-FOR-DEVELOPMENT
SEC. 530. In order to enhance the continued partici-
pation of nongovernmental organizations in economic as-
sistance activities under the Foreign Assistance Act of
1961, including endowments, debt-for-development and
debt-for-nature exchanges, a nongovernmental organiza-
tion which is a grantee or contractor of the Agency for
International Development may place in interest bearing
accounts funds made available under this Act or prior Acts
or local currencies which accrue to that organization as
a result of economic assistance provided under title II of
this Act and any interest earned on such investment may
be used for the purpose for which the assistance was pro-
vided to that organization.
Ω126æLOCATION OF STOCKPILES
SEC. 531. Section 514(b)(2) of the Foreign Assist-
ance Act of 1961 is amended by striking out ‘‘a total of
$200,000,000 for stockpiles in Israel for fiscal years 1994
and 1995, up to $40,000,000 may be made available for
stockpiles
in
the
Republic
of
Korea,
and
up
to
$10,000,000 may be made available for stockpiles in Thai-
land for fiscal year 1995.’’ and inserting in lieu thereof
‘‘$200,000,000 for stockpiles in Israel, $40,000,000 for
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stockpiles in the Republic of Korea and $10,000,000 for
stockpiles in Thailand for fiscal year 1996’’.
COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES
SEC. 531A. (a) COSTING BASIS.—Section 22 of the
Arms Export Control Act (22 U.S.C. 2762) is amended by
adding at the end the following:
‘‘(d) COMPETITIVE PRICING.—Procurement contracts
made in implementation of sales under this section for de-
fense articles and defense services wholly paid for funds
made available on a nonrepayable basis shall be priced on
the same costing basis with regard to profit, overhead, inde-
pendent research and development, bid and proposal, and
other costing elements, as is applicable to procurements of
like items purchased by the Department of Defense for its
own use.’’
(b) EFFECTIVE DATE AND IMPLEMENTING REGULA-
TIONS.—Section 22(d) of the Arms Export Control Act, as
added by subsection (a)—
(1) shall take effect on the 60th day following the
date of the enactment of this Act;
(2) shall be applicable only to contracts made in
implementation of sales made after such effective date;
and
(3) shall be implemented by revised procurement
regulations, which shall be issued prior to such effec-
tive date.
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STOCKPILES OF DEFENSE ARTICLES
SEC. 531B. (a) LIMITATION
ON VALUE
OF ADDI-
TIONS.—Section 514(b)(1) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(1)) is amended by inserting ‘‘or
in the implementation of agreements with Israel’’ after
‘‘North Atlantic Treaty Organization’’.
(b) ADDITIONS IN FISCAL YEARS 1996 AND 1997.—
Section 514(b)(2) of such Act (22 U.S.C. 2321h(b)(2)) is
amended to read as follows:
‘‘(2)(A) The value of such additions to stockpiles of de-
fense articles in foreign countries shall not exceed
$50,000,000 for each of the fiscal years 1996 and 1997.
‘‘(B) Of the amount specified in subparagraph (A) for
each of the fiscal years 1996 and 1997, not more than
$40,000,000 may be made available for stockpiles in the Re-
public of Korea and not more than $10,000,000 may be
made available for stockpiles in Thailand.’’.
(c) LOCATION OF STOCKPILES OF DEFENSE AUTHORI-
TIES.—Section 514(c) of such Act (22 U.S.C. 2321h(c)) is
amended to read as follows:
‘‘(c) LOCATION OF STOCKPILES OF DEFENSE ARTI-
CLES.—
‘‘(1) LIMITATION.—Except as provided in para-
graph (2), no stockpile of defense articles may be lo-
cated outside the boundaries of a United States mili-
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tary base or a military base used primarily by the
United States.
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not
apply with respect to stockpiles of defense articles lo-
cated in the Republic of Korea, Thailand, any coun-
try that is a member of the North Atlantic Treaty Or-
ganization, any country that is a major non-NATO
ally, or any other country the President may des-
ignate. At least 15 days before designating a country
pursuant to the last clause of the preceding sentence,
the President shall notify the congressional commit-
tees specified in section 634A(a) in accordance with
the procedures applicable to reprogramming notifica-
tions under that section.’’.
SEPARATE ACCOUNTS
SEC. 532. (a) SEPARATE ACCOUNTS
FOR LOCAL
CURRENCIES.—(1) If assistance is furnished to the gov-
ernment of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance
Act of 1961 under agreements which result in the genera-
tion of local currencies of that country, the Administrator
of the Agency for International Development shall—
(A) require that local currencies be deposited in
a separate account established by that government;
(B) enter into an agreement with that govern-
ment which sets forth—
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(i) the amount of the local currencies to be
generated, and
(ii) the terms and conditions under which
the currencies so deposited may be utilized, con-
sistent with this section; and
(C) establish by agreement with that govern-
ment the responsibilities of the Agency for Inter-
national Development and that government to mon-
itor and account for deposits into and disbursements
from the separate account.
(2) USES
OF LOCAL CURRENCIES.—As may be
agreed upon with the foreign government, local currencies
deposited in a separate account pursuant to subsection
(a), or an equivalent amount of local currencies, shall be
used only—
(A) to carry out chapters 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as—
(i) project and sector assistance activities,
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The Agency
for International Development shall take all appropriate
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steps to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the sepa-
rate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) TERMINATION
OF ASSISTANCE PROGRAMS.—
Upon termination of assistance to a country under chap-
ters 1 or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which re-
main in a separate account established pursuant to sub-
section (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the
United States Government.
(5) CONFORMING AMENDMENTS.—The provisions of
this subsection shall supersede the tenth and eleventh pro-
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-
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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.
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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.
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COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 534. Ω127æ (a) DENIAL
OF ASSISTANCE.—
None of the funds appropriated or otherwise made avail-
able pursuant to this Act to carry out the Foreign Assist-
ance Act of 1961 (including title IV of chapter 2 of part
I, relating to the Overseas Private Investment Corpora-
tion) or the Arms Export Control Act may be used to pro-
vide assistance 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.
Ω128æ(b) IMPORT SANCTIONS.—If the President con-
siders that the taking of such action would promote the
effectiveness of the economic sanctions of the United Na-
tions and the United States imposed with respect to Iraq,
Serbia, or Montenegro, as the case may be and is consist-
ent with the national interest, the President may prohibit,
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for such a period of time as he considers appropriate, the
importation 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
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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.
Ω129æ(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, defense services, and military education and train-
ing provided 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.
Ω130æPRIORITY DELIVERY OF EQUIPMENT
SEC. 536A. Notwithstanding any other provision of
law, the delivery of excess defense articles that are to be
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transferred on a grant basis under section 516 of the For-
eign Assistance Act to NATO allies and to major non-NATO
allies on the southern and southeastern flank of NATO shall
be given priority to the maximum extent feasible over the
delivery of such excess defense articles to other countries.
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-
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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
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(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
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government 
of 
Bosnia-Hercegovina 
from 
its
embargo.
(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
Ω131æ$50,000,000 $100,000,000 in fiscal year 1996: Pro-
vided, 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 secu-
rity 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
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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
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(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.
Ω132æ(c) 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’’; and
(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 recon-
stitute civilian police authority and capability in the
post-conflict restoration of host nation infrastructure
for the purposes of supporting a nation emerging
from instability, and the provision of professional
public safety training, to include training in inter-
nationally recognized standards of human rights, the
rule of law, anti-corruption, and the promotion of ci-
vilian police roles that support democracy.’’.
SPECIAL AUTHORITIES
SEC. 541. (a) Funds appropriated in title II of this
Act that are made available for Ω133æHaiti, Afghanistan,
Lebanon, and Cambodia, and for victims of war,
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Ω134ædisplaced children, displaced Burmese, humani-
tarian assistance for Romania, and humanitarian assist-
ance 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 Cambodia shall be subject to the provi-
sions of section 531(e) of the Foreign Assistance Act of
1961 and section 906 of the International Security and
Development Cooperation Act of 1985: Provided further,
That the President shall terminate assistance to any coun-
try or organization that he determines is cooperating,
Ω135ætactically or strategically, with the Khmer Rouge in
their military operations tactically or strategically, with
the Khmer Rouge in their military operations, or which is
cooperating commercially with 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.
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(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
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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 Ω136æor
otherwise made available by this Act for ‘‘Economic Sup-
port Fund’’, under the heading ‘‘Economic Assistance’’, as-
sistance may be provided to strengthen the administration
of justice in countries in Latin America and the Caribbean
in accordance with the provisions of section 534 of the
Foreign Assistance Act of 1961, except that programs 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.
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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-
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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 Ω137ætitles I and II of the Agricul-
tural Trade Development 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 regular notification procedures of the
Committees on Appropriations.
(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.
Ω138æEARMARKS
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
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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 signifi-
cantly reduced its military or economic cooperation with
the United States since enactment of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1991; however, before exercising the authority
of this subsection with regard to a base rights or base access
country which has significantly reduced its military or eco-
nomic cooperation with the United States, the President
shall consult with, and shall provide a written policy jus-
tification to the Committees on Appropriations: Provided,
That any such reprogramming shall be subject to the regu-
lar notification procedures of the Committees on Appropria-
tions: Provided further, That assistance that is repro-
grammed pursuant to this subsection shall be made avail-
able under the same terms and conditions as originally pro-
vided.
(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 particu-
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lar 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 Ω139æAND 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 JordanΩ140æ,–
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except that the provision of such defense articles shall be
subject to section 534 of this Act.
Ω141æ(c) The President may transfer to Estonia such
excess defense articles as the President determines necessary
to help modernize the defense capabilities of Estonia, subject
to the requirements of subsections (b) through (f) of section
519 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321m).
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 CongressΩ142æ:–Provided,
That none of the funds appropriated by this Act 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, 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
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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
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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
100
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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
101
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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 Ω143æI IV
of this Act may be transferred between such appropria-
tions for use for any of the purposes, programs and activi-
ties for which the funds in such receiving account may
be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise
of such authority shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations.
WAR CRIMES TRIBUNALS
SEC. 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,
102
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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
103
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basis in foreign countries, subject to such terms and condi-
tions as the President may prescribeΩ144æ: Provided, That
section 1365(c) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484; 22 U.S.C., 2778
note) is amended by striking out ‘‘During the four-year pe-
riod beginning on October 23, 1992’’ and inserting in lieu
thereof ‘‘During the five-year period beginning on October
23, 1993’’.
Ω145æREPORT ON THE SALARIES AND BENEFITS OF THE
IMF AND THE WORLD BANK
SEC. 559. The Comptroller General shall submit a
report to the Committees on Appropriations not later than
November 1, 1995, on the following—
(1) a review of the existing salaries and benefits
of employees of the International Monetary Fund
and the International Bank for Reconstruction and
Development; and
(2) a review of all benefits paid to dependents
of Fund and Bank employees.
Such report shall include a comparison of the salaries and
benefits paid to employees and dependents of the Fund
and the Bank with salaries and benefits paid to employees
holding comparable positions in the public and private sec-
tors in member countries and in the international sector.
104
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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
Ω146æsubsection restriction shall not apply to the acquisi-
tion of additional space for the existing Consulate General
in Jerusalem: Provided further, That meetings between of-
ficers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declara-
tion of Principles, for the purpose of conducting official
United States Government business with such authority
should continue to take place in locations other than Jeru-
salem. 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 (includ-
ing those who now occupy positions in the Palestinian Au-
thority), have social contacts, and have incidental discus-
sions.
105
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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-
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.
Ω147æLIMITATION ON ASSISTANCE TO COUNTRIES THAT
RESTRICT THE TRANSPORT OR DELIVERY OF UNIT-
ED STATES HUMANITARIAN ASSISTANCE
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.
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(b) EXCEPTION.—Subsection (a) shall not apply to
assistance in support of any country when it is made
known to the President that the assistance is in the na-
tional security interest of the United States.
Ω148æNON-OVERTIME DIFFERENTIAL PAY
SEC. 562. Title 5 of the United States Code is amended
by inserting the following:
(1) in section 5541(2)(xiv) after a ‘‘Foreign
Service officer’’ ‘‘, except for a Foreign Service Officer
who is a criminal investigator for the Agency for
International Development, Office of Inspector Gen-
eral’’.
Ω149æREFERENCES TO AUTHORIZATION ACTS
SEC. 563. The funds appropriated under the heading,
‘‘Child Survival and Disease Programs Fund’’ are pro-
vided pursuant to the Foreign Assistance Act, as amend-
ed: under sections 103 through 106 (Development Assist-
ance Fund), in the amount of $214,000,000; under part
I, chapter 10 (Development Fund for Africa), in the
amount of $131,000,000; under the provisions of section
498(6) (Assistance for the New Independent States of the
Former Soviet Union), in the amount of $15,000,000;
under the provisions of part I, chapter 1, section 104(c)
of the Foreign Assistance Act and the Support for East
European Democracy (SEED) Act of 1989, in the amount
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of $1,000,000; under provisions of chapter 4, part II (Eco-
nomic Support Fund), in the amount of $23,000,000;
under the provisions of section 301, in the amount of
$100,000,000 as a contribution on a grant basis to the
United Nation’s Children’s Fund (UNICEF): Provided,
That funds derived from funds authorized under chapter
4, part II, shall be made available for projects meeting
criteria set forth in part I section 104(c): Provided further,
That funds appropriated under the heading ‘‘Child Sur-
vival and Disease Programs Fund’’ shall be in addition
to amounts otherwise available for such purposes.
Ω150æPROHIBITION ON FUNDING FOR ABORTION
SEC. 564. (a) IN GENERAL.—
(1) Notwithstanding any other provision of this
Act or other law, none of the funds appropriated by
this Act for population assistance activities may be
made available for any private, nongovernmental, or
multilateral organization until the organization cer-
tifies that it does not now, and will not during the
period for which the funds are made available, di-
rectly or through a subcontractor or sub-grantee,
perform abortions in any foreign country, except
where the life of the mother would be endangered if
the fetus were carried to term or in cases of forcible
rape or incest.
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(2) Paragraph (1) may not be construed to
apply to the treatment of injuries or illnesses caused
by legal or illegal abortions or to assistance provided
directly to the government of a country.
(b) LOBBYING ACTIVITIES.—
(1) Notwithstanding any other provision of this
Act or other law, none of the funds appropriated by
this Act for population assistance activities may be
made available for any private, nongovernmental, or
multilateral organization until the organization cer-
tifies that it does not now, and will not during the
period for which the funds are made available, vio-
late the laws of any foreign country concerning the
circumstances under which abortion is permitted,
regulated, or prohibited, or engage in any activity or
effort to alter the laws or governmental policies of
any foreign country concerning the circumstances
under which abortion is permitted, regulated, or pro-
hibited.
(2) Paragraph (1) shall not apply to activities
in opposition to coercive abortion or involuntary
sterilization.
(c) COERCIVE POPULATION CONTROL METHODS.—
Notwithstanding any other provision of this Act or other
law, none of the funds appropriated by this Act may be
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made available for the United Nations Population Fund
(UNFPA), unless the President certifies to the appro-
priate congressional committees that (1) the United Na-
tions Population Fund has terminated all activities in the
People’s Republic of China; or (2) during the 12 months
preceding such certification, there have been no abortions
as the result of coercion associated with the family plan-
ning policies of the national government or other govern-
mental entities within the People’s Republic of China. As
used in this section the term ‘‘coercion’’ includes physical
duress or abuse, destruction or confiscation of property,
loss of means of livelihood, or severe psychological pres-
sure.
WITHHOLDING OF ASSISTANCE TO COUNTRIES
SUPPORTING NUCLEAR PLANT IN CUBA
SEC. 565. Ω151æ(a) WITHHOLDING.—The President
shall withhold from assistance made available with funds
appropriated 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.
Ω152æ(b) EXCEPTIONS.—The requirement of sub-
section (a) to withhold assistance shall not apply with re-
spect to—
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(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 nongovern-
mental organizations that are independent of govern-
ment 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).
(c) DEFINITION.—As used in subsection (a), the term
‘‘assistance’’ means assistance under the Foreign Assistance
Act of 1961, credits, sales and guarantees of extensions of
credit under the Arms Export Control Act, assistance under
titles I and III of the Agricultural Trade Development and
Assistance Act of 1954, assistance under the FREEDOM
Support Act of 1992, and any other program of assistance
or credits provided by the United States to other countries
under other provisions of law, except that the term ‘‘assist-
ance’’ does not include humanitarian assistance, including
disaster relief assistance.
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Ω153æLIMITATION ON FUNDS FOR HAITI
SEC. 566. 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.
Ω154æPURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS
SEC. 567. SENSE OF CONGRESS.—It is the sense of
the Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made avail-
able 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.
Ω155æLIMITATION ON ASSISTANCE TO TURKEY
SEC. 568. Not more than $21,000,000 of the funds
appropriated in this Act under the heading ‘‘ECONOMIC
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SUPPORT FUND’’ may be made available to the Govern-
ment of Turkey.
Ω156æLIMITATION OF FUNDS FOR NORTH AMERICAN
DEVELOPMENT BANK
SEC. 569. No funds appropriated in this Act, under
the heading ‘‘North American Development Bank’’ may
be obligated or expended unless it is made known to the
Federal entity or official to which funds are appropriated
under this Act that the Government of Mexico has contrib-
uted a share of the paid-in portion of the capital stock
for fiscal year 1996 equivalent to that appropriated by the
United States.
Ω157æLIMITATION ON FUNDS FOR BURMA
SEC. 570. 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.
SEC. 570. None of the funds made available in this
Act may be used for international narcotics control assist-
ance under chapter 8 of part I of the Foreign Assistance
Act of 1961, or crop substitution assistance, directly for the
Government of Burma unless the Secretary of State certifies
to the appropriate congressional committees that any such
programs are fully consistent with United States human
rights concerns in Burma and serve a vital United States
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national interest. The President shall include in the annual
International Narcotics Control Strategy Report submitted
under chapter 8 of part I of the Foreign Assistance Act of
1961 a description of the programs funded under this sec-
tion.
Ω158æASIAN DEVELOPMENT BANK
SEC. 570A. The Secretary of the Treasury may, to ful-
fill commitments of the United States, subscribe to and
make payment 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 call-
able shares of the Bank is limited to $3,264,178,021. The
amount to be paid in respect of each subscription is author-
ized to be appropriated without fiscal year limitation. 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 appropriations
Acts.
Ω159æSPECIAL DEBT RELIEF FOR THE POOREST
SEC. 570B. (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—
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(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, commonly
referred to as ‘‘Paris Club Agreed Minutes’’.
(2) The authority provided by subsection (a)
may be exercised only in such amounts or to such ex-
tent as is provided in advance by appropriations
Acts.
(3) The authority provided by subsection (a)
may be exercised only with respect to countries with
heavy debt burdens that are eligible to borrow from
the International Development Association, but not
from the International Bank for Reconstruction and
Development, commonly referred to as ‘‘IDA-only’’
countries.
(c) CONDITIONS.—The authority provided by sub-
section (a) may be exercised only with respect to a country
whose government—
(1) does not have an excessive level of military
expenditures;
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(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 provided
by subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ‘‘Debt Restruc-
turing’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc-
tion of debt pursuant to subsection (a) shall not be consid-
ered assistance for purposes of any provision of law limit-
ing assistance to a country. The authority provided by sub-
section (a) may be exercised notwithstanding section 620(r)
of the Foreign Assistance Act of 1961.
Ω160æLIMITATION ON FUNDS FOR RUSSIA
SEC. 571. Of the funds appropriated in this Act
under the heading ‘‘Assistance for the New Independent
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States of the Former Soviet Union’’, not more than
$195,000,000 may be made available for Russia.
Ω161æLIMITATION ON ASSISTANCE TO MEXICO
SEC. 572. IN GENERAL.—None of the funds appro-
priated or otherwise made available by this Act may be
obligated or expended for the Government of Mexico, ex-
cept if it is made known to the Federal entity or official
to which funds are appropriated under this Act that—
(1) the Government of Mexico is taking actions
to reduce the amount of illegal drugs entering the
United States from Mexico, as determined by the
Director of the Office of National Drug Control Pol-
icy; and
(2) the Government of Mexico—
(A) is taking effective actions to apply vig-
orously all law enforcement resources to inves-
tigate, track, capture, incarcerate, and pros-
ecute illegal drug kingpins and their accom-
plices, individuals responsible for, or otherwise
involved in, corruption, and individuals involved
in money-laundering; and
(B) is
pursuing international anti-drug
trafficking initiatives.
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Ω162æHUMAN RIGHTS PROGRESS IN ETHIOPIA
SEC. 573. The Department of State should closely
monitor and take into account human rights progress in
Ethiopia as it obligates fiscal year 1996 funds for Ethiopia
appropriated in this Act.
Ω163æBASIC EDUCATION FOR CHILDREN
Sec. 574. Not more than $108,000,000 under the
Agency for International Development Children and Dis-
ease Programs Fund may be used for basic education for
children.
Ω164æKOREAN PENINSULA ENERGY DEVELOPMENT
ORGANIZATION
SEC. 575. No funds may be made available under this
Act to the Korean Peninsula Energy Development Organi-
zation (KEDO) unless the President determines and cer-
tifies in writing to the Committees on Appropriations
that—
(a) in accordance with Section 1 of the Agreed
Framework, KEDO has designated a Republic of
Korea company, corporation or entity for the purpose
of negotiating a prime contract to carry out construc-
tion of the light water reactors provided for in the
Agreed Framework; and
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(b) the DPRK is maintaining the freeze on its
nuclear facilities as required in the Agreed Frame-
work; and
(c) the United States is taking steps to assure
that progress is made on (1) the North South dia-
logue, including efforts to reduce barriers to trade and
investment, such as removing restrictions on travel,
telecommunications services and financial trans-
actions; and (2) implementation of the January 1,
1992 Joint Declaration on the Denuclearization of the
Korean Peninsula;
(d) a report on the specific efforts with regard to
subsection (c) shall be submitted by the President to
the Committees on Appropriations six months after
the date of enactment, and every six months there-
after.
Ω165æDRAWDOWN AUTHORITY FOR JORDAN
SEC. 576. During fiscal year 1996, the President may
direct, for the purposes of part II of the Foreign Assistance
Act of 1961, the drawdown for Jordan of defense articles
from the stocks of the Department of Defense, defense serv-
ices of the Department of Defense, and military education
and training of up to an aggregate of $100,000,000: Pro-
vided, That—
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(a) within six months of the last drawdown
under subsection (a), the President shall submit a re-
port to the Committee on Appropriations identifying
the articles, services, training or education provided;
(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.
Ω166æSEC. 577. FEDERAL PROHIBITION OF FE-
MALE GENITAL MUTILATION.
(a) TITLE 18 AMENDMENT.—
(1) IN GENERAL.—Chapter 7 of title 18, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 116. Female genital mutilation
‘‘(a) Except as provided in subsection (b), whoever
knowingly circumcises, excises, or infibulates the whole or
any part of the labia majora or labia minora or clitoris
of another person who has not attained the age of 18 years
shall be fined under this title or imprisoned not more than
5 years, or both.
‘‘(b) A surgical operation is not a violation of this sec-
tion if the operation is—
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‘‘(1) necessary to the health of the person on
whom it is performed, and is performed by a person
licensed in the place of its performance as a medical
practitioner; or
‘‘(2) performed on a person in labor or who has
just given birth and is performed for medical pur-
poses connected with that labor or birth by a person
licensed in the place it is performed as a medical
practitioner, midwife, or person in training to become
such a practitioner or midwife.
‘‘(c) In applying subsection (b)(1), no account shall
be taken of the effect on the person on whom the operation
is to be performed of any belief on the part of that or any
other person that the operation is required as a matter of
custom or ritual.
‘‘(d) Whoever knowingly denies to any person medical
care or services or otherwise discriminates against any per-
son in the provision of medical care or services, because—
‘‘(1) that person has undergone female circumci-
sion, excision, or infibulation; or
‘‘(2) that person has requested that female cir-
cumcision, excision, or infibulation be performed on
any person;
shall be fined under this title or imprisoned not more than
one year, or both.’’.
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 7 of title 18, United
States Code, is amended by adding at the end the fol-
lowing new item:
‘‘116. Female genital mutilation.’’.
(b) INFORMATION AND EDUCATION REGARDING FE-
MALE GENITAL MUTILATION.—
(1) IN GENERAL.—The Secretary of Health and
Human Services shall carry out the following activi-
ties:
(A) Compile data on the number of females
living in the United States who have been sub-
jected to female genital mutilation (whether in
the United States or in their countries of origin),
including a specification of the number of girls
under the age of 18 who have been subjected to
such mutilation.
(B) Identify communities in the United
States that practice female genital mutilation,
and design and carry out outreach activities to
educate individuals in the communities on the
physical and psychological health effects of such
practice. Such outreach activities shall be de-
signed and implemented in collaboration with
representatives of the ethnic groups practicing
such mutilation and with representatives of or-
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ganizations with expertise in preventing such
practice.
(C) Develop recommendations for the edu-
cation of students of schools of medicine and os-
teopathic medicine regarding female genital mu-
tilation and complications arising from such
mutilation. Such recommendations shall be dis-
seminated to such schools.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘female genital mutilation’’ means
the removal or infibulation (or both) of the whole or
part of the clitoris, the labia minor, or the labia
major.
(c) EFFECTIVE DATES.—
(1) Subsection (b) shall take effect immediately,
and the Secretary of Health and Human Services
shall commence carrying it out not later than 90 days
after the date of the enactment of this Act.
(2) Subsection (a) shall take effect 180 days after
the date of the enactment of this Act.
Ω167æLIBERIA
SEC. 578. (a) The Congress finds that—
(1) the war in Liberia begun in 1989 has dev-
astated that country, with more than 150,000 people
killed, 800,000 people forced to flee to other countries,
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and thousands of children conscripted into the rebel
armies;
(2) after nearly six years of conflict, on August
19, 1995, the Liberia factions signed a peace agree-
ment in Abuja, Nigeria; and
(3) the Liberian faction leaders and regional
powers appear to be committed to the most recent
peace accord, including the installation of the new
ruling council.
(b) It is the sense of the Congress that the United States
should strongly support the peace process in Liberia, in-
cluding diplomatic engagement, support for the west Africa
peacekeeping force, humanitarian assistance, and assist-
ance for demobilizing troops and for the resettlement of refu-
gees.
(c) Section 1(b)(2) of Public Law 102–270 is amended
by striking ‘‘to implement the Yamoussoukro accord’’.
Ω168æSEC. 579. INDEX OF ECONOMIC FREEDOM.
(a) REPORTING REQUIREMENT.—The President shall
include in the congressional presentation materials on
United States bilateral economic assistance submitted to the
appropriate congressional committees for a fiscal year a re-
port providing a concise overview of the prospects for eco-
nomic growth on a broad, equitable, and sustainable basis
in the countries receiving economic assistance under title
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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 macro-
economic, microeconomic, social, legal, environmental, and
political factors and include economic freedom criteria re-
garding policies wage and price controls, State ownership
of production and distribution, State control of financial
institutions, trade and foreign investment, capital and
profit repatriation, tax and private property protections.
(b) COUNTRIES.—The countries referred to in sub-
section (a) are countries—
(1) for which in excess a total of $5,000,000 has
been obligated during the previous fiscal year for as-
sistance under sections 103 through 106, chapters 10
and 11 of part I, and chapter 4 of part II of the For-
eign Assistance Act of 1961, and under the Support
for Eastern Democracy Act of 1989; or
(2) for which in excess of $1,000,000 has been ob-
ligated during the previous fiscal year for assistance
administered by the Overseas Private Investment Cor-
poration.
(c) CONSULTATION.—The Secretary of State shall sub-
mit the report required by subsection (a) in consultation
with the Secretary of the Treasury, the Administrator of
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the Agency for International Development, and the Presi-
dent of the Overseas Private Investment Corporation.
Ω169æSEC. 580. To the maximum extent possible, the
funds provided by this Act shall be used to provide survey-
ing and mapping related services through contracts entered
into through competitive bidding to qualified United States
contractors.
Ω170æSEC. 581. ENERGY SAVINGS AT FEDERAL
FACILITIES.
(a) REDUCTION IN FACILITIES ENERGY COSTS.—The
head of each agency for which funds are made available
under this Act shall take all actions necessary to achieve
during fiscal year 1996 a 5 percent reduction, from fiscal
year 1995 levels, in the energy costs of the facilities used
by the agency.
(b) USE OF COST SAVINGS.—An amount equal to the
amount of cost savings realized by an agency under sub-
section (a) shall remain available for obligation through the
end of fiscal year 1997, without further authorization or
appropriation, as follows:
(1) CONSERVATION MEASURES.—Fifty percent of
the amount shall remain available for the implemen-
tation of additional energy conservation measures
and for water conservation measures at such facilities
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used by the agency as are designated by the head of
the agency.
(2) OTHER
PURPOSES.—Fifty percent of the
amount shall remain available for use by the agency
for such purposes as are designated by the head of the
agency, consistent with applicable law.
(c) REPORT.—
(1) IN GENERAL.—Not later than December 31,
1996, the head of each agency described in subsection
(a) shall submit a report to Congress specifying the
results of the actions taken under subsection (a) and
providing any recommendations concerning how to
further reduce energy costs and energy consumption
in the future.
(2) CONTENTS.—Each report shall—
(A) specify the total energy costs of the fa-
cilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
Ω171æSEC. 582. REPORTS REGARDING HONG KONG.
(a) EXTENSION OF REPORTING REQUIREMENT.—Sec-
tion 301 of the United States-Hong Kong Policy Act of 1992
(22 U.S.C. 5731) is amended in the text above paragraph
(1)—
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(1) by inserting ‘‘March 31, 1996,’’ after ‘‘March
31, 1995,’’; and
(2) by striking ‘‘and March 31, 2000,’’ and in-
serting ‘‘March 31, 2000, and every year thereafter,’’.
(b) ADDITIONAL REQUIREMENTS.—In light of defi-
ciencies in reports submitted to the Congress pursuant to
section 301 of the United States-Hong Kong Policy Act (22
U.S.C. 5731), the Congress directs that reports required to
be submitted under that section on or after the date of enact-
ment of this Act include detailed information on the status
of, and other developments affecting, implementation of the
Sino-British Joint Declaration on the Question of Hong
Kong, including—
(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 election of
the chief executive and the executive’s accountability
to the legislature;
(4) the treatment of political parties;
(5) the independence of the judiciary and its
ability to exercise the power of final judgment over
Hong Kong law; and
(6) the Bill of Rights.
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Ω172æSEC. 583. HONDURAS.
(a) FINDINGS.—The Congress makes the following
findings:
(1) In 1981, a secret Honduran army death
squad known as Battalion 316 was created. During
the 1980’s Battalion 316 engaged in a campaign of
systematically kidnapping, torturing and murdering
suspected subversives. Victims included Honduran
students, teachers, labor leaders and journalists. In
1993 there were reportedly 184 unsolved cases of per-
sons who were allegedly ‘‘disappeared’’. They are pre-
sumed dead.
(2) At the time, Administration officials were
aware of the activities of Battalion 316, but in its
1983 human rights report the State Department stat-
ed that ‘‘There are no political prisoners in Hon-
duras’’.
(b) DECLASSIFICATION
OF DOCUMENTS.—It is the
sense of the Congress that the President should order the
expedited declassification of any documents in the posses-
sion of the United States Government pertaining to persons
who allegedly ‘‘disappeared’’ in Honduras, and promptly
make such documents available to Honduran authorities
who are seeking to determine the fate of these individuals.
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Ω173æSEC. 584. REPORT ON RUSSIAN MILITARY
OPERATIONS.
(a) No later than three months after the date of enact-
ment of this Act, the President shall declassify, to the maxi-
mum extent possible, and resubmit to the Congress the re-
port submitted to the Congress pursuant to section 528 of
Public Law 103–236, with an addendum updating the in-
formation in the report.
(b) The addendum referred to in subsection (a) shall
be unclassified to the maximum extent possible and shall
address, inter alia—
(1) Russian compliance or lack of compliance
with the Russian-Moldovan agreement of October 24,
1994, providing for the withdrawal of Russian mili-
tary forces from Moldova, subsequent Russian deploy-
ments of military forces to Moldova and Russian ef-
forts to secure long-term military basing rights in
Moldova;
(2) possible Russian complicity in the coup at-
tempt of September-October 1994 against the Govern-
ment of Azerbaijan and the exertion of Russian pres-
sure to influence decisions regarding the path of pipe-
lines that will carry Azerbaijani oil;
(3) Russian efforts or agreements to assume par-
tial or complete responsibility for securing the borders
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of countries other than Russia, using troops of the
Russian Ministry of Defense, Ministry of the Interior
or any other security agency of the Russian Federa-
tion;
(4) Russian efforts to integrate its armed forces,
other security forces, or intelligence agencies with
those of any other country and the relationship of
such efforts to the development of institutions under
the Commonwealth of Independent States; and
(5) Russian compliance with the Treaty on Con-
ventional Armed Forces in Europe and the Organiza-
tion on Security and Cooperation in Europe’s Code
of Conduct on the Politico-Military Aspects of Secu-
rity.
Ω174æLIMITATION
ON
ASSISTANCE
TO
COUNTRIES
THAT
RESTRICT THE TRANSPORT OR DELIVERY OF UNITED
STATES HUMANITARIAN ASSISTANCE
SEC. 585. (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 of indirectly, the transport or delivery of
United States humanitarian assistance.
(b) EXCEPTION.—Subsection (a) shall not apply to as-
sistance in support of any country when it is made known
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to the President that the assistance is in the national secu-
rity interest of the United States.
Ω175æSEC. 586. Notwithstanding any other provision
of this Act, $20,000,000 of the funds made available under
this Act for or through the Agency for International Devel-
opment shall be transferred to, and merged with, the appro-
priations account entitled ‘‘INTERNATIONAL
NARCOTICS
CONTROL’’ and shall be available for the same purposes for
which funds in such account are available.
Ω176æSEC. 587. GUATEMALA.
(a) FINDINGS.—The Congress makes the following
findings:
(1) The Government of Guatemala, under Presi-
dent De Leon Carpio, has made significant progress
towards negotiating an end to Guatemala’s civil con-
flict which has resulted in numerous human rights
violations, claimed tens of thousands of lives and im-
peded economic development in that country;
(2) President De Leon Carpio has taken steps to
improve human rights, including his support for the
United Nations mission for the verification of human
rights and of compliance with the commitments of the
comprehensive agreement of human rights in Guate-
mala (Minugua) and his recent decision to abolish the
military commissioners, but his efforts to bring
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human rights violators to justice have been impeded
by certain members of the Guatemalan armed forces;
(3) Despite numerous appeals by the families of
victims of human rights abuses, human rights organi-
zations and Members of the United States Congress,
there has been minimal progress towards resolving
specific human rights cases including cases involving
American citizens or their relatives;
(4) President De Leon Carpio deserves the sup-
port of the United States in his efforts to resolve Gua-
temala’s conflict peacefully, to support Democratic
elections, and to improve respect for human rights.
(b) LIMITATIONS.—Notwithstanding any other provi-
sions of law—
(1) No assistance in this act or any other act
shall be made available to the Guatemalan Armed
Forces or the URNG;
(2) No sales of defense articles or services shall
be licensed or approved for Guatemala for the Armed
Forces or URNG; and
(3) No visas shall be granted for any member of
the Guatemalan Armed Forces or the URNG sus-
pected of participating in or ordering any violation
of human rights or of seeking to coverup or otherwise
thwart the investigation of such acts.
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(c) CERTIFICATION.—The limitations contained in
subsection (b) shall cease to apply when the President cer-
tifies to the Committee on Appropriations and the Commit-
tee on Foreign Relations that—
(1) The Guatemalan Armed Forces and the
URNG are fully cooperating with efforts—
(A) By the family of United States citizen
Michael Devine who was murdered in 1990 to
bring to justice those responsible for the murder
or coverup of the murder;
(B) The October 1994 murders of Roderico
Baudilio De Leon and Flavio Matias Marroquin
(C) By Jennifer Harbury to exhume the
body of her husband, Efrain Bamaca Velasquez;
and
(D) By human rights organizations and the
Guatemalan Attorney General to investigate and
bring to justice those involved in the prominent
human rights cases committed by both sides to
the conflict, including those cases enumerated in
the April 7, 1995 letter to President Clinton by
twelve Members of the United States Senate.
(2) The Guatemalan Government and Armed
Forces are complying with the recommendations in
Minugua’s first and second reports, particularly those
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related to the investigation and prosecution of human
rights cases.
(3) The United States Representative to the
United Nations Human Rights Commission has con-
sulted with Representatives of other member States to
determine whether respect for human rights would be
enhanced by the appointment of a special United Na-
tions Rapporteur for Guatemala.
Ω177æSEC. 588. (a) The Senate finds the following:
(1) Since March 1995 the Peruvian Government
has engaged in an aggressive air interdiction pro-
gram to prevent narcotics traffickers from violating
Peruvian airspace for the purpose of transporting il-
legal narcotics to Colombia.
(2) As a result of the Peruvian interdiction pro-
gram, the number of illicit flights detected in recent
months has dropped to its lowest level in over three
years and the price of transporting narcotics out of
Peru has risen by as much as 500 percent.
(3) The inability of the traffickers to move co-
caine base out of Peru has produced a glut of coca
leaf and cocaine base in Peru with a resulting 50 per-
cent decline in the price.
(4) The Peruvian Government’s ability to sus-
tain the success of its interdiction program is depend-
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ent on the maintenance and upkeep of a very limited
number of aircraft.
(5) As a result of the internal Peruvian political
situation and the conflict earlier this year between
Peru and Ecuador, the United States suspended mili-
tary transfers to Peru.
(6) As much as 80 percent of the cocaine that
reaches the United States comes from coca grown in
Peru and the disruption of the air corridor between
Peru and Colombia is important to United States
counter narcotics efforts.
(7) The situations which led to the cutoff of mili-
tary equipment for the air interdiction effort have
been satisfactorily resolved or have progressed to a
point where the cutoff of this military equipment is
no longer in the interest of the United States.
(b) It is the sense of the Senate that the President
should, as soon as possible, provide limited spare parts and
other military equipment to the Government of Peru in sup-
port of Peruvian Air Force efforts to monitor, intercept and
interdict aircraft and other forms of transportation engaged
in illegal narcotics trafficking activities.
Ω178æSEC. 589. Of the funds appropriated for Turkey
under the heading ‘‘Economic Assistance’’, not less than
$5,000,000 shall be made available only through non-gov-
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ernmental organizations to be used only for projects in the
ten southeastern provinces currently under a state of emer-
gency, and shall be used only for projects designed to pro-
mote economic development, cultural and ethnic tolerance,
and human rights activities, and to support the develop-
ment and activities of non-governmental organizations.
Ω179æSEC. 590. HONG KONG ELECTIONS.
(a) FINDINGS.—The Congress finds the following:
(1) The right to an elected legislature in Hong
Kong is guaranteed by the 1984 Sino-British Joint
Declaration on the Question of Hong Kong.
(2) The United States-Hong Kong Policy Act de-
clared the Congress’s support for full implementation
of the 1984 Sino-British Joint Declaration;
(3) The People’s Republic of China declared in
the Joint Declaration that Hong Kong would be
‘‘vested legislative, executive and independent judicial
power’’ and would have ‘‘a legislature constituted by
elections’’.
(4) On September 17, 1995, the highest number
of Hong Kong voters ever demonstrated their commit-
ment to democracy by freely expressing their right to
vote in the Legislative Council elections.
(5) The voters of Hong Kong have overwhelm-
ingly expressed their desire for the establishment of a
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fully democratic government by electing 60 Legisla-
tive Councillors for four-year terms.
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that—
(1) the people of Hong Kong are to be congratu-
lated for exercising their right to vote on September
17, 1995;
(2) the People’s Republic of China should respect
the clear will of the people of Hong Kong to have a
fully democratic government;
(3) the Government of the People’s Republic of
China should enter into a dialogue with the democrat-
ically elected representatives of the Hong Kong people;
and
(4) the Government of the People’s Republic of
China should respect the mandate of the elected mem-
bers by withdrawing its pledge to abolish the Legisla-
tive Council in violation of the Joint Declaration’s
provisions on Hong Kong’s legislature and autonomy
in all but defense and foreign affairs.
Ω180æSEC. 591. SENSE OF THE SENATE ON THAI-
LAND.
(a) FINDINGS.—The Senate makes the following find-
ings—
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(1) the Royal Thai Government has had a policy
of not supporting or cooperating with the Khmer
Rouge; and
(2) Thailand is host to large numbers of persons
displaced from neighboring countries, including
Burma, placing a significant burden on Thailand’s
economy.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the President should—
(1) affirm to the Royal Thai Government the
support of the United States for that Government’s
policy not to support or cooperate with the Khmer
Rouge and encourage the Royal Thai Government to
prosecute vigorously its efforts to prevent cooperation
between individual members of the Royal Thai Armed
Forces and the Khmer Rouge; and
(2) take appropriate steps to assist the Royal
Thai Government in providing and facilitating relief
to displaced persons from Burma and other neighbor-
ing countries and to encourage that Government to
fully cooperate in such relief efforts.
Ω181æSEC. 592. EXTENSION OF TIED AID CREDIT
PROGRAM.—(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’’.
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(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’’.
SEC. 593. AUTHORITY TO CONDUCT A DEMONSTRA-
TION PROJECT.—Notwithstanding section 4701(a)(1)(A) of
title 5, United States Code, the Export-Import Bank of the
United States may conduct a demonstration project in ac-
cordance with section 4703 of such title 5.
Ω182æCONVENTIONAL WEAPONS REVIEW
SEC. 594. (a) FINDINGS.—The Congress makes the fol-
lowing findings:
(1) On September 26, 1994, the President de-
clared that it is a goal of the United States to eventu-
ally eliminate antipersonnel landmines.
(2) On December 15, 1994, the United Nations
General Assembly adopted a resolution sponsored by
the United States which called for international ef-
forts to eliminate antipersonnel landmines.
(3) According to the Department of State, there
are 
an 
estimated 
80,000,000 
to 
110,000,000
unexploded landmines in 62 countries.
(4) Antipersonnel landmines are routinely used
against civilian populations and kill and maim an
estimated 70 people each day, or 26,000 people each
year.
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(5) The Secretary of State has noted that land-
mines are ‘‘slow-motion weapons of mass destruc-
tion’’.
(6) There are hundreds of varieties of anti-
personnel landmines, from a simple type available at
a cost of only two dollars to the more complex self-
destructing type, and all landmines of whatever vari-
ety kill and maim civilians, as well as combatants,
indiscriminately.
(b) CONVENTIONAL WEAPONS CONVENTION REVIEW.—
It is the sense of Congress that, at the United Nations con-
ference to review the 1980 Conventional Weapons Conven-
tion, including Protocol II on landmines, that is to be held
from September 25 to October 13, 1995, the President
should actively support proposals to modify Protocol II that
would implement as rapidly as possible the United States
goal of eventually eliminating antipersonnel landmines.
(c) MORATORIUM ON USE OF ANTIPERSONNEL LAND-
MINES.—(1) UNITED STATES MORATORIUM.—(A) For a pe-
riod of one year beginning three years after the date of the
enactment of this Act, the United States shall not use anti-
personnel landmines except along internationally recog-
nized national borders or in demilitarized zones within a
perimeter marked area that is monitored by military per-
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sonnel and protected by adequate means to ensure the exclu-
sion of civilians.
(B) If the President determines, before the end of the
one year period of the United States moratorium under sub-
paragraph (A), that the governments of other nations are
implementing moratoria on use of antipersonnel landmines
similar to the United States moratorium, the President
may extend the period of the United States moratorium for
such additional period as the President considers appro-
priate.
(2) OTHER NATIONS.—It is the sense of Congress that
the President should actively encourage the governments of
other nations to join the United States in solving the global
landmine crisis by implementing moratoria on use of anti-
personnel landmines similar to the United States morato-
rium as a step toward the elimination of antipersonnel
landmines.
(d) ANTIPERSONNEL LANDMINE EXPORTS.—It is the
sense of Congress that, consistent with the United States
moratorium on exports of antipersonnel landmines and in
order to further discourage the global proliferation of anti-
personnel landmines, the United States Government should
not sell, license for export, or otherwise transfer defense arti-
cles and services to any foreign government which, as deter-
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mined by the President, sells, exports, or otherwise transfers
antipersonnel landmines.
(e) DEFINITIONS.—For purposes of this Act:
(1) ANTIPERSONNEL LANDMINE.—(A) The term
‘‘antipersonnel landmine’’ means any munition
placed under, on, or near the ground or other surface
area, delivered by artillery, rocket, mortar, or similar
means, or dropped from an aircraft and which is de-
signed, constructed, or adapted to be detonated or ex-
ploded by the presence, proximity, or contact of a per-
son.
(B) The term ‘‘antipersonnel landmine’’ does not
include command detonated Claymore munitions.
(2) 1980 CONVENTIONAL
WEAPONS
CONVEN-
TION.—The term ‘‘1980 Conventional Weapons Con-
vention’’ means the Convention on Prohibitions or
Restrictions on the Use of Certain Conventional
Weapons Which May Be Deemed To Be Excessively
Injurious or To Have Indiscriminate Effects, together
with the protocols relating thereto, done at Geneva on
October 10, 1980.
Ω183æSEC. 595. EXTENSION OF AU PAIR PRO-
GRAMS.
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Section 8 of the Eisenhower Exchange Fellowship Act
of 1990 is amended in the last sentence by striking ‘‘fiscal
year 1995’’ and inserting ‘‘fiscal year 1998’’.
Ω184æSEC. 596. Funds appropriated by this Act may
be obligated and expended notwithstanding section 10 of
Public Law 91–672 and section 15 of the State Department
Basic Authorities Act of 1956: Provided, That this section
shall not apply with respect to any accounts for which a
general authorization of appropriations for fiscal year 1996
is enacted in law on or before April 1, 1996.
Ω185æSEC. 597. CROATIAN-AMERICAN
ENTER-
PRISE FUND.
(a) DESIGNATION OF FUND.—The President shall des-
ignate a private, nonprofit organization as eligible to re-
ceive funds and support pursuant to this section with re-
spect to Croatia in the same manner and with the same
limitations as set forth in section 201(d) of the Support
for East European Democracy (SEED) Act of 1989. Such
organization shall be known as the ‘‘Croatian-American
Enterprise Fund’’.
(b) APPLICATION OF SEED ACT.—Except as otherwise
specifically provided in this section, the provisions con-
tained in section 201 of the Support for East European
Democracy (SEED) Act of 1989 (excluding the authoriza-
tions of appropriations provided in subsection (b) of that
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section) shall apply to the Croatian-American Enterprise
Fund. The officers, members, or employees of the Croatian-
American Enterprise Fund shall enjoy the same status
under law that is applicable to officers, members, or em-
ployees of the Enterprise Funds for Poland and Hungary
under the Support for East European Democracy (SEED)
Act of 1989.
(c) AUTHORIZATION OF APPROPRIATIONS.—(1) There
are authorized to be appropriated to the President for pur-
poses of this section, in addition to funds otherwise avail-
able for such purposes, $12,000,000 for fiscal year 1996 to
fund the Croatian-American Enterprise Fund established
under subsection (a).
(2) Funds appropriated under this subsection are au-
thorized to remain available until expended.
(d) APPROPRIATIONS.—Of the funds appropriated or
otherwise made available by this Act under the heading en-
titled ‘‘ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES’’, $12,000,000 shall be available only to support the
Croatian-American Fund established by subsection (a).
Ω186æSEC. 598. SANCTIONS
AGAINST
COUN-
TRIES HARBORING WAR CRIMINALS.
(a) BILATERAL ASSISTANCE.—Assistance may not be
provided in any fiscal year under the Foreign Assistance
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Act of 1961 or the Arms Export Control Act 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 each fiscal
year to work in opposition to, and vote against, any exten-
sion by such institutions of financing or financial or tech-
nical assistance to any country described in subsection (c).
(c) SANCTIONED COUNTRIES.—A country described in
this subsection is a country the government of which per-
mits entry into or presence in the territory of such country
to any person—
(1) who has 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) who has been indicted for war crimes or
crimes against humanity committed during the pe-
riod beginning March 23, 1933 and ending on May
8, 1945 under the direction of, or in association
with—
(A) the Nazi government of Germany;
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(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 of Germany; or
(D) any government which was an ally of
the Nazi government of Germany.
(d) DEFINITIONS.—As used in this section—
(1) the term ‘‘international financial institu-
tions’’ includes the International Bank for Recon-
struction and Development, the International Devel-
opment Association, the International Monetary
Fund, the European Bank for Reconstruction and De-
velopment, the International Finance Corporation,
the Multilateral Investment Guarantee Agency, the
Inter-American Development Bank, the Inter-Amer-
ican Investment Corporation, the African Develop-
ment Bank, the African Development Fund, and the
Asian Development Bank; and
(2) the term ‘‘war crime’’ includes any offense
which is—
(A) a grave breach of any of the four Gene-
va Conventions for the Protection of War Victims
of August 12, 1949;
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(B) a violation of the Hague Convention
(IV) Respecting the Laws and Customs of War
on Land of October 18, 1907, or the Regulations
annexed thereto;
(C) a violation of the Convention on the
Prevention and Punishment of the Crime of
Genocide of December 9, 1948; or
(D) a violation of the Charter of the Inter-
national Military Tribunal of August 8, 1945.
Ω187æSEC. 599. RUSSIAN COMPLIANCE WITH
THE
CFE TREATY AND PRIORITIES FOR MODIFYING EXISTING
ARMS CONTROL TREATIES.—It is the sense of the Senate
that—
(a) the failure by the Russian Federation to meet any
obligation under the Treaty of the Conventional Armed
Forces in Europe shall constitute non-compliance with the
Treaty;
(b) the United States should insist on full compliance
by the Russian Federation with all of the obligations of the
Treaty on Conventional Armed Forces in Europe;
(c) the Treaty on Conventional Armed Forces in Eu-
rope provides adequate means by which the Russian Fed-
eration can meet its claimed military requirements for trea-
ty-limited equipment in the flank zone defined by Article
V of the Treaty, including movement of equipment within
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the flank zone, temporary deployment of additional equip-
ment to the flank zone, and the temporary removal of equip-
ment from designated permanent storage sites located in the
flank zone.
Ω188æTITLE 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 Israel’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 co-
existence with Israel, free from violence and all other
acts which endanger peace and stability; and assumed
responsibility over all P.L.O. elements and personnel
in order to assure their compliance, prevent viola-
tions, and discipline violators;
(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 Arrangements
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(hereafter the ‘‘Declaration of Principles’’) on Sep-
tember 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 es-
tablished 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 Agreement’’)
on August 29, 1994 which provided for the transfer
to the Palestinian Authority of certain powers and re-
sponsibilities in the West Bank outside of the Jericho
Area;
(6) under the terms of the Declaration of Prin-
ciples, the Gaza-Jericho Agreement and the Early
Empowerment Agreement, the powers and responsibil-
ities of the Palestinian Authority are to be assumed
by an elected Palestinian Council with jurisdiction in
the West Bank and Gaza Strip in accordance with
the Interim Agreement to be concluded between Israel
and the P.L.O.;
(7) permanent status negotiations relating to the
West Bank and Gaza Strip are scheduled to begin by
May 1996;
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(8) the Congress has, since the conclusion of the
Declaration of Principles and the P.L.O.’s renunci-
ation of terrorism, provided authorities to the Presi-
dent to suspend certain statutory restrictions relating
to the P.L.O., subject to Presidential certifications
that the P.L.O. has continued to abide by commit-
ments made in and in connection with or resulting
from the good faith implementation of, the Declara-
tion 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 formal 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 President, in exercising the aforemen-
tioned authorities, has certified to the Congress on
four occasions that the P.L.O. was abiding by its rel-
evant commitments.
SENSE OF CONGRESS
SEC. 603. It is the sense of the Congress that although
the P.L.O. has recently shown improvement in its efforts
to fulfill its commitments, it must do far more to dem-
onstrate an irrevocable denunciation of terrorism and en-
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sure a peaceful settlement of the Middle East dispute, and
in particular it must—
(1) submit to the Palestine National Council for
formal approval the necessary changes to those arti-
cles of the Palestinian National Covenant which call
for Israel’s destruction;
(2) make greater efforts to pre-empt acts of ter-
ror, to discipline violators and to contribute to stem-
ming the violence that has resulted in the deaths of
123 Israeli citizens since the signing of the Declara-
tion 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;
(5) confiscate all unlicensed weapons and restrict
the issuance of licenses to those with legitimate need;
(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.
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AUTHORITY TO SUSPEND CERTAIN PROVISIONS
SEC. 604. (a) IN GENERAL.—Subject to subsection (b),
beginning on the date of enactment of this Act and for
twelve 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 Presi-
dent may exercise the authority provided in sub-
section (a) only if the President certifies to the rel-
evant congressional committees each time he exercises
such authority that—
(A) it is in the national interest of the
United States to exercise such authority;
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(B) the P.L.O. continues to comply with all
the commitments described in paragraph (4);
and
(C) funds provided pursuant to the exercise
of this authority and the authorities under sec-
tion 583(a) of Public Law 103–236 and section
3(a) of Public Law 103–125 have been used for
the purposes for which they were intended.
(3) REQUIREMENT FOR CONTINUING P.L.O. COM-
PLIANCE.—
(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 commit-
tees and any suspension under subsection (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
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congressional committees and no assistance shall
be provided pursuant to the exercise by the Presi-
dent of the authority provided by subsection (a)
until such time as the President makes the cer-
tification provided for in subsection (c).
(4) P.L.O. 
COMMITMENTS
DESCRIBED.—The
commitments referred to in paragraphs (2) 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 Septem-
ber 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;
(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 normalization of
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life, rejecting violence and terrorism, and
contributing to peace and stability; 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 at-
tention to the objective of preventing terrorism,
as reflected in the provisions of the Gaza-Jericho
Agreement concerning—
(i) prevention of acts of terrorism and
legal measures against terrorists;
(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 terror-
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ist 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
(viii) exercise of powers and respon-
sibilities under the agreement with due re-
gard to internationally accepted norms and
principles of human rights and the rule of
law.
(5) POLICY
JUSTIFICATION.—As part of the
President’s written policy justification to be submit-
ted to the relevant Congressional Committees pursu-
ant to paragraph (1), the President will report on—
(A) the manner in which the P.L.O. has
complied with the commitments specified in
paragraph (4), including responses to individual
acts of terrorism and violence, actions to dis-
cipline perpetrators of terror and violence, and
actions to preempt acts of terror and violence;
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(B) the extent to which the P.L.O. has ful-
filled the requirements specified in subsection (c);
(C) actions that the P.L.O. has taken with
regard to the Arab League boycott of Israel;
(D) the status and activities of the P.L.O.
office in the United States; and
(E) the status of U.S. and international as-
sistance efforts in the areas subject to jurisdic-
tion of the Palestinian Authority or its succes-
sors.
(c) REQUIREMENT FOR CONTINUED PROVISION OF AS-
SISTANCE.—Six months after the enactment of this Act, no
assistance shall be provided pursuant to the exercise by the
President of the authority provided by subsection (a), unless
and until the President determines and so certifies to the
Congress that—
(1) if the Palestinian Council has been elected
and assumed its responsibilities, it has, within a rea-
sonable time, effectively disavowed and thereby nul-
lified the articles of the Palestine National Covenant
which call for Israel’s destruction, unless the nec-
essary changes to the Covenant have already been sub-
mitted to the Palestine National Council for formal
approval;
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(2) the P.L.O. has exercised its authority reso-
lutely to establish the necessary enforcement institu-
tions; including laws, police, and a judicial system,
for apprehending, prosecuting, convicting, and im-
prisoning terrorists;
(3) the P.L.O. has limited participation in the
Palestinian Authority and its successors to individ-
uals and groups that neither engage in nor practice
terrorism or violence in the implementation of their
political goals;
(4) the P.L.O. has not provided any financial or
material assistance or training to any group, whether
or not affiliated with the P.L.O., to carry out actions
inconsistent with the Declaration of Principles, par-
ticularly acts of terrorism against Israel;
(5) the P.L.O. has cooperated in good faith with
Israeli authorities in the preemption of acts of terror-
ism and in the apprehension and trial of perpetrators
of terrorist acts in Israel, territories controlled by Is-
rael and all areas subject to jurisdiction of the Pal-
estinian Authority and its successors;
(6) the P.L.O. has exercised its authority reso-
lutely to enact and implement laws requiring the dis-
arming of civilians not specifically licensed to possess
or carry weapons;
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(7) the P.L.O. has not funded, either partially or
wholly, or has ceased funding, either partially or
wholly, any office, or other presence of the Palestinian
Authority in Jerusalem; and
(8) the P.L.O. is cooperating fully with the Gov-
ernment of the United States on the provision of in-
formation on United States nationals known to have
been held at any time by the P.L.O. or factions there-
of.
(d) PROVISIONS THAT MAY BE SUSPENDED.—The
provisions that may be suspended under the authority of
subsection (a) are the following:
(1) Section 307 of the Foreign Assistance Act of
1961 (22 U.S.C. 2227) as it applies with respect to
the P.L.O. or entities associated with it.
(2) Section 114 of the Department of State Au-
thorization Act, fiscal years 1984 and 1985 (22
U.S.C. 287e note) as it applies with respect to the
P.L.O. or entities associated with it.
(3) Section 1003 of the Foreign Relations Au-
thorization Act, fiscal years 1988 and 1989 (22
U.S.C. 5202).
(4) Section 37 of the Bretton Woods Agreement
Act (22 U.S.C. 286W) as it applies on the granting
to the P.L.O. of observer status or other official status
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at any meeting sponsored by or associated with the
International Monetary Fund. As used in this para-
graph, the term ‘‘other official status’’ does not in-
clude membership in the International Monetary
Fund.
(e) RELEVANT CONGRESSIONAL COMMITTEES DE-
FINED.—As used in this title, the term ‘‘relevant congres-
sional committees’’ means—
(1) the Committee on International Relations,
the Committee on Banking and Financial Services,
and the Committee on Appropriations of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
Ω189æLIMITATION ON ASSISTANCE FOR HAITI
SEC. 605. (a) LIMITATION.—None of the funds appro-
priated or otherwise made available by this Act or any other
Act may be furnished to the Government of Haiti until the
President determines and reports in writing to the Congress
that—
(1) the Government of Haiti has conducted or is
conducting a thorough and professional investigation
into, and prosecution of those responsible for the mur-
der of Mireille Durocher de Bertin on March 28,
1995, and other possible cases of political or
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extrajudicial killings, including the 20 cases of ‘‘com-
mando-style executions’’ cited by the United Nations/
Organization of American States International Civil-
ian Mission in Haiti on September 12, 1995;
(2)(A) the police and security forces of Haiti are
not assassinating or abducting civilians, are not en-
gaging in other acts of violence directed at civilians,
and are controlling such activities by elements subject
to the control of those forces; or
(B) the Government of Haiti is investigating ef-
fectively the members within its police and security
forces engaged in acts of violence against civilians,
and has put in place effective policies to deter and
punish such activities in the future.
(3) the Government of Haiti has actively sought
and encouraged a law enforcement service from out-
side Haiti to assist and monitor investigators of the
Government of Haiti in their investigation of the
murders cited in paragraph (1) above; and
(4)(A) the Government of Haiti has cooperated
fully and in a timely fashion with United States Fed-
eral Bureau of Investigation efforts to investigate the
murder of Mireille Durocher de Bertin, including pro-
viding access to Haitian Government employees in a
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manner which facilitates prosecution of those respon-
sible for her murder; or
(B) the Government of Haiti has not cooperated
fully and in a timely fashion with United States Fed-
eral Bureau of Investigation efforts to investigate the
murder of Mireille Durocher de Bertin, including pro-
viding access to Haitian Government employees in a
manner which facilitates prosecution of those respon-
sible for her murder, in which case the President shall
submit a detailed accounting of the areas of non-co-
operation and his assessment of all the reasons for
such non-cooperation by the Government of Haiti.
(b) REPORT.—Not later than 60 days after enactment
of this section, the President shall report to the appropriate
committees of Congress, based on information available to
him, on the identity or identities of those responsible for
the murder and any subsequent coverup, and on the status
of the Government of Haiti’s investigation of—
(1) the murder of American citizen Richard
Andre Emmanuel on February 13, 1991;
(2) the murders of Bastian Desrosiers, Stevenson
Desrosiers, Jacques Nelio, Pierre Schiller and Louis
Walky on July 26, 1991;
(3) the murder of Reverand Sylvio Claude on
September 17, 1991;
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(4) the murder of Roger Lanfontant on Septem-
ber 29, 1991;
(5) the murder of Antoine Izmery on September
11, 1993; and
(6) the murder of Minister of Justice Guy
Malary on October 14, 1993.
(c) HUMANITARIAN ASSISTANCE.—Nothing in this sec-
tion shall be construed to restrict the provision of humani-
tarian or electoral assistance to the Haitian people by non-
governmental or private voluntary organizations.
(d) WAIVER.—The president may waive the require-
ments of this section if he determines and certifies to the
appropriate committees of Congress that it is necessary to
facilitate the safe and timely withdrawal of American forces
from Haiti.
Ω190æLIMITATION ON FUNDS TO THE TERRITORY OF THE
BOSNIAC-CROAT FEDERATION
SEC. 606. Funds appropriated by this Act for activi-
ties in the internationally-recognized borders of Bosnia and
Herzegovina (other than refugee and disaster assistance 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.
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Ω191æPLAN RECOMMENDING A STRATEGIC
REORGANIZATION OF THE UNITED NATIONS
SEC. 607. (a) SENSE OF CONGRESS REGARDING UNIT-
ED NATIONS REFORM.—It is the sense of Congress that—
(1) the 50th anniversary of the United Nations
provides an important opportunity for a comprehen-
sive review of the strengths and weaknesses of the
United Nations and for the identification and imple-
mentation of changes in the United Nation that
would improve its ability to discharge effectively the
objectives of the United Nations set forth in the Unit-
ed Nations Charter;
(2) the structure of the United Nations system,
which has evolved over 50 years, should be subject to
a comprehensive review in order to identify the
changes to the system that will best serve the interests
of the United States and of the international commu-
nity;
(3) the United States, as the strongest member
state of the United Nations, should lead this com-
prehensive review;
(4) reforms that produce a smaller, more focused,
more efficient United Nations with clearly defined
missions are in the interest of the United States and
of the United Nations;
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(5) the United States should develop a unified
position in support of reforms at the United Nations
that are broadly supported by both the legislative
branch and the executive branch;
(6) the need for reform of the United Nations is
urgent; and
(7) the failure to develop and implement prompt-
ly a strategic reorganization of the United Nations
will result in a continued diminution of the relevance
of the United Nations to United States foreign policy
and to international politics generally.
(b) UNITED NATIONS REORGANIZATION PLAN.—
(1) REQUIREMENT
FOR
PLAN.—The President
shall submit to Congress, together with the budget sub-
mitted pursuant to section 1105 of title 31, United
States Code, for fiscal year 1997, a plan recommend-
ing a strategic reorganization of the United Nations.
(2) REQUIREMENT
RELATING
TO
DEVELOP-
MENT.—The President shall develop the plan in con-
sultation with Congress.
(3) PLAN ELEMENTS.—The plan should include
the elements described in subsection (c) and such other
recommendations as may be necessary to achieve the
efficient, cost-effective conduct of the responsibilities of
the United Nations.
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(c) CONTENTS OF REORGANIZATION PLAN.—It is the
sense of the Congress that the reorganization plan required
by subsection (b)(1) should—
(1) constitute a comprehensive statement of
United States policy toward reform of the United Na-
tions;
(2) set forth an agenda to implement the reforms
set forth in the plan in a timely manner;
(3) include specific proposals to achieve—
(A) a substantial reduction in the number
of agencies within the United Nations system,
including proposals to consolidate, abolish, or re-
structure mechanisms for financing agencies of
the United Nations that have a low priority;
(B) the identification and strengthening of
the core agencies of the United Nations system
that most directly serve the objectives of the
United Nations set forth in the United Nations
Charter;
(C) the increased cooperation, and the
elimination of duplication, among United Na-
tions agencies and programs;
(D) the consolidation of the United Nations
technical cooperation activities between the Unit-
ed Nations Headquarters and the offices of the
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United Nations in Geneva, Switzerland, includ-
ing the merger of the technical cooperation func-
tions of the United Nations Development Pro-
gram (UNDP), the United Nations Population
Fund (UNFPA), the United Nations Environ-
mental Program (UNEP), the United Nations
Industrial Development Organization (UNIDO),
the International Fund for Agricultural Develop-
ment (IFAD), the United Nations Capital Devel-
opment Fund (UNCDF), and the United Nations
Development Fund for Women (UNIFEM);
(E) the consolidation of the United Nations
emergency response mechanism by merging the
emergency functions of relevant United Nations
agencies, including the United Nations Chil-
dren’s Fund, the World Food Program, and the
Office of the United Nations High Commissioner
for Refugees;
(F) a substantial reduction in, or elimi-
nation of, the cost and number of international
conferences sponsored by the United Nations;
(G) a significant strengthening of the ad-
ministrative and management capabilities of the
Secretary General of the United Nations, includ-
ing a cessation of the practice of reserving top
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Secretariat posts for citizens of particular coun-
tries;
(H) a significant increase in the openness
to the public of the budget decision-making pro-
cedures of the United Nations; and
(I) the establishment of a truly independent
inspector general at the United Nations; and
(4) include proposals to coordinate and imple-
ment proposals for reform of the United Nations such
as those proposals set forth in the communique of the
21st annual summit of the Heads of State and Gov-
ernment of the seven major industrialized nations and
the President of the European Commission at Hali-
fax, Nova Scotia, dated June 15–17, 1995.
Ω192æTITLE VII—NATO PARTICI-
PATION 
ACT 
AMENDMENTS
OF 1995
SECTION 701. SHORT TITLE.
This title may be cited as the ‘‘NATO Participation
Act Amendments of 1995’’.
SEC. 702. FINDINGS.
The Congress makes the following findings:
(1) Since 1949, the North Atlantic Treaty Orga-
nization (NATO) has played an essential role in
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guaranteeing the security, freedom, and prosperity of
the United States and its partners in the Alliance.
(2) NATO has expanded its membership on three
different occasions since 1949.
(3) The sustained commitment of the member
countries of NATO to mutual defense of their security
ultimately made possible the democratic trans-
formation in Central and Eastern Europe and the de-
mise of the Soviet Union.
(4) NATO was designed to be and remains a de-
fensive military organization whose members have
never contemplated the use of, or used, military force
to expand the borders of its member states.
(5) While the immediate threat to the security of
the United States and its allies has been reduced with
the collapse of the Iron Curtain, new security threats,
such as the situation in Bosnia and Herzegovina, are
emerging to the shared interests of the member coun-
tries of NATO.
(6) NATO remains the only multilateral security
organization capable of conducting effective military
operations to protect Western security interests.
(7) NATO has played a positive role in defusing
tensions between NATO members and, as a result, no
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military action has occurred between two NATO
member states since the inception of NATO in 1949.
(8) NATO is also an important diplomatic
forum for the discussion of issues of concern to its
member states and for the peaceful resolution of dis-
putes.
(9) America’s security, freedom, and prosperity
remain linked to the security of the countries of Eu-
rope.
(10) Any threat to the security of the newly
emerging democracies in Europe would pose a secu-
rity threat to the United States and its European al-
lies.
(11) The admission to NATO of European coun-
tries that have been freed from Communist domina-
tion and that meet specific criteria for NATO mem-
bership would contribute to international peace and
enhance the security of the region.
(12) A number of countries have expressed vary-
ing degrees of interest in NATO membership, and
have taken concrete steps to demonstrate this commit-
ment.
(13) Full integration of Central and East Euro-
pean countries into the North Atlantic Alliance after
such countries meet essential criteria for admission