H. R. 1868—34
report in writing to the Speaker of the House of Representatives
and the President pro tempore of the Senate concerning the articles
transferred and the disposition thereof.
(d) There are authorized to be appropriated to the President
such sums as may be necessary to reimburse the applicable appro-
priation, 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 requirement described
in section 1511 of the National Defense 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 certifi-
cation 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 protectorate for
Kosova;
(2) there is substantial improvement in the human rights
situation in Kosova;
(3) international human rights observers are allowed to
return to Kosova; and
(4) the elected government of Kosova is permitted to meet
and carry out its legitimate mandate as elected representatives
of the people of Kosova.
(c) WAIVER AUTHORITY.—The President may waive the applica-
tion in whole or in part, of subsection (a) if the President certifies
to the Congress that the President has determined that the waiver
is necessary to meet emergency humanitarian needs or to achieve
a negotiated settlement of the conflict in Bosnia-Herzegovina that
is acceptable to the parties.
(d) EXPANDED
AUTHORITY.—Section 660(b) of the Foreign
Assistance Act of 1961 is amended—
(1) in paragraph (3), by striking ‘‘or’’;
(2) in paragraph (4), by striking the period at the end
thereof and inserting ‘‘; or’’;
(3) adding the following new paragraphs:
‘‘(5) with respect to assistance, including training, relating
to sanctions monitoring and enforcement;
‘‘(6) with respect to assistance provided to reconstitute
civilian police authority and capability in the post-conflict res-
toration 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
internationally recognized standards of human rights, the rule
of law, anti-corruption, and the promotion of civilian police
roles that support democracy.’’.
H. R. 1868—35
SPECIAL AUTHORITIES
SEC. 541. (a) Funds appropriated in title II of this Act that
are made available for Afghanistan, Lebanon, and Cambodia, and
for victims of war, displaced children, displaced Burmese, humani-
tarian assistance for Romania, and humanitarian assistance for
the peoples of Bosnia-Hercegovina, Croatia, and Kosova, may be
made available notwithstanding any other provision of law: Pro-
vided, That any such funds that are made available for Cambodia
shall be subject to the provisions of section 531(e) of the Foreign
Assistance Act of 1961 and section 906 of the International Security
and Development Cooperation Act of 1985: Provided further, That
the President shall terminate assistance to any country or organiza-
tion that he determines is cooperating, tactically or strategically,
with the Khmer Rouge in their military operations, or to the mili-
tary of any country which the President determines is not taking
steps to prevent a pattern or practice of commercial relations
between its members and the Khmer Rouge.
(b) Funds appropriated by this Act to carry out the provisions
of sections 103 through 106 of the Foreign Assistance Act of 1961
may be used, notwithstanding any other provision of law, for the
purpose of supporting tropical forestry and energy programs aimed
at reducing emissions of greenhouse gases, and for the purpose
of supporting biodiversity conservation activities: Provided, That
such assistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
(c) During fiscal year 1996, the President may use up to
$40,000,000 under the authority of section 451 of the Foreign Assist-
ance 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 immediately and
publicly renounce the primary boycott of Israel and the second-
ary and tertiary boycott of American firms that have commer-
cial ties with Israel; 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 participation of any
recipient country in the primary boycott of Israel and the
secondary and tertiary boycotts of American firms that
have commercial 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 commercial
relations with Israel; and
H. R. 1868—36
(D) encourage the allies and trading partners of the
United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that
do comply.
ANTI-NARCOTICS ACTIVITIES
SEC. 543. (a) Of the funds appropriated or otherwise made
available by this Act for ‘‘Economic Support Fund’’, assistance may
be provided to strengthen the administration of justice in countries
in Latin America and the Caribbean in accordance with the provi-
sions 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. Funds made available pursu-
ant to subsection (a) for Bolivia, Colombia and Peru may be made
available notwithstanding section 534(c) and the second sentence
of section 534(e) of the Foreign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 544. (a) ASSISTANCE
THROUGH
NONGOVERNMENTAL
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 Assist-
ance Act of 1961: Provided, That the President shall take into
consideration, in any case in which a restriction on assistance
would be applicable but for this subsection, whether assistance
in support of programs of nongovernmental organizations is in
the national interest of the United States: Provided further, That
before using the authority of this subsection to furnish assistance
in support of programs of nongovernmental organizations, the Presi-
dent shall notify the Committees on Appropriations under the regu-
lar notification procedures of those committees, including a descrip-
tion of the program to be assisted, the assistance to be provided,
and the reasons for furnishing such assistance: Provided further,
That nothing in this subsection shall be construed to alter any
existing statutory prohibitions against abortion or involuntary steri-
lizations contained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 1996, restrictions con-
tained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Pro-
vided, 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
H. R. 1868—37
assistance to countries that violate internationally recognized
human rights.
EARMARKS
SEC. 544A. (a) Funds appropriated by this Act which are ear-
marked may be reprogrammed for other programs within the same
account notwithstanding the earmark if compliance with the ear-
mark is made impossible by operation of any provision of this
or any other Act or, with respect to a country with which the
United States has an agreement providing the United States with
base rights or base access in that country, if the President deter-
mines 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 Operations, Export Financing,
and Related Programs Appropriations 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 economic cooperation with the United States, the Presi-
dent shall consult with, and shall provide a written policy justifica-
tion to the Committees on Appropriations: Provided, That any such
reprogramming shall be subject to the regular notification proce-
dures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall
be made available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection (a),
the original period of availability of funds appropriated by this
Act and administered by the Agency for International Development
that are earmarked for particular programs or activities by this
or any other Act shall be extended for an additional fiscal year
if the Administrator of such agency determines and reports
promptly to the Committees on Appropriations that the termination
of assistance to a country or a significant change in circumstances
makes it unlikely that such earmarked funds can be obligated
during the original period of availability: Provided, That such ear-
marked funds that are continued available for an additional fiscal
year shall be obligated only for the purpose of such earmark.
CEILINGS AND EARMARKS
SEC. 545. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated 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 Assist-
ance Act of 1961, as amended, may be used in fiscal year 1996
to provide nonlethal excess defense articles to countries for which
United States foreign assistance has been requested and for which
receipt of such articles 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 Assistance
Act of 1961, as amended, may be used in fiscal year 1996 to
provide defense articles to Jordan, Estonia, Latvia, and Lithuania.