H. R. 4426—35
(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, subject to the regular notification proce-
dures of the Committees on Appropriations, to the government
of that nation, without reimbursement, defense articles from the
stocks of the Department of Defense and defense services of the
Department of Defense of an aggregate value not to exceed
$50,000,000 in fiscal year 1995: Provided, That the President cer-
tifies in a timely fashion to the Congress that—
(1) the transfer of such articles would assist that nation
in self-defense and thereby promote the security and stability
of the region; and
(2) United States allies are prepared to join in such a
military assistance effort.
(c) Within 60 days of any transfer under the authority provided
in subsection (b), and every 60 days thereafter, the President shall
report in writing to the Speaker of the House of Representatives
and the President pro tempore of the Senate concerning the articles
transferred and the disposition thereof.
(d) There are authorized to be appropriated to the President
such sums as may be necessary to reimburse the applicable appro-
priation, fund, or account for defense articles provided under this
section.
SPECIAL AUTHORITIES
SEC. 547. (a) Funds appropriated in title II of this Act that
are made available for Haiti, Afghanistan, Lebanon, and Cambodia,
and for victims of war, displaced children, displaced Burmese,
humanitarian assistance for Romania, and humanitarian assistance
for the peoples of Bosnia-Hercegovina, Croatia, and Kosova, may
be made available notwithstanding any other provision of law:
Provided, That any such funds that are made available for Cam-
bodia shall be subject to the provisions of section 531(e) of the
Foreign Assistance Act of 1961 and section 906 of the International
Security and Development Cooperation Act of 1985: Provided fur-
ther, That the President shall terminate assistance to any country
or organization that he determines is cooperating, tactically or
strategically, with the Khmer Rouge in their military operations.
(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 with regard to the key
countries in which deforestation and energy policy would make
a significant contribution to global warming, 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 1995, the President may use up to
$50,000,000 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.
H. R. 4426—36
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF ISRAEL
SEC. 548. (a) FINDINGS.—The Congress finds that—
(1) since 1948 the Arab countries have maintained a pri-
mary boycott against Israel, refusing to do business with Israel;
(2) since the early 1950s the Arab League has maintained
a secondary and tertiary boycott against American and other
companies that have commercial ties with Israel;
(3) the boycott seeks to coerce American firms by blacklist-
ing those that do business with Israel and harm America’s
competitiveness;
(4) the United States has a longstanding policy opposing
the Arab League boycott and United States law prohibits Amer-
ican firms from providing information to Arab countries to
demonstrate compliance with the boycott;
(5) with real progress being made in the Middle East
peace process and the serious confidence-building measures
taken by the State of Israel an end to the Arab boycott of
Israel and of American companies that have commercial ties
with Israel is long overdue and would represent a significant
confidence-building measure; and
(6) in the interest of Middle East peace and free commerce,
the President must take more concrete steps to press the Arab
states to end their practice of blacklisting and boycotting Amer-
ican companies that have trade ties with Israel.
(b) POLICY.—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
(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. 549. (a) Of the funds appropriated by this Act under
the heading ‘‘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 provisions of
section 534 of the Foreign Assistance Act of 1961, except that
H. R. 4426—37
programs to enhance protection of participants in judicial cases
may be conducted notwithstanding section 660 of that Act.
(b) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’, notwithstanding section 660 of the For-
eign Assistance Act of 1961, up to $3,000,000 may be made
available, subject to the regular notification procedures of the
Committees on Appropriations, for technical assistance, training,
and commodities with the objective of creating a professional civilian
police force for Panama, and for programs to improve penal institu-
tions and the rehabiliation of offenders in Panama (which programs
may be conducted other than through multilateral or regional
institutions), except that such technical assistance shall not include
more than $1,000,000 for the procurement of equipment for law
enforcement purposes, and shall not include lethal equipment.
(c) 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 and subsection
(b) 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. 550. (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
regular notification procedures of those committees, including a
description 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
sterilizations contained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 1995, restrictions con-
tained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance under titles
I and II of the Agricultural 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 Appropria-
tions.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 529 of this Act or any comparable
provision of law prohibiting assistance to countries that support
international terrorism; or
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(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally recognized
human rights.
EARMARKS
SEC. 551. (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. 552. 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. 553. (a) The authority of section 519 of the Foreign Assist-
ance Act of 1961, as amended, may be used in fiscal year 1995
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 518 of the Foreign Assistance
Act of 1961 may be exercised notwithstanding any other provision
of law.