H. R. 2333—70
‘‘(D) In the case of the first 2 reports submitted pursu-
ant to this subsection, a projection of all United States
costs for United Nations peacekeeping operations during
each of the next 2 fiscal years, including assessed and
voluntary contributions.
‘‘(2) OTHER
MATTERS
REGARDING
PEACEKEEPING
OPER-
ATIONS.—
‘‘(A) An assessment of the effectiveness of ongoing
international peacekeeping operations, their relevance to
United States national interests, the efforts by the United
Nations 
and 
other 
international 
organizations 
(as
applicable) to resolve the relevant armed conflicts, and
the projected termination dates for all such operations.
‘‘(B) The dollar value and percentage of total peace-
keeping contracts that have been awarded to United States
contractors during the previous year.
‘‘(3) UNITED NATIONS REFORM.—
‘‘(A)(i) A description of the status of efforts to establish
and implement an independent office of the Inspector Gen-
eral at the United Nations.
‘‘(ii) If an office of the Inspector General has been
established at the United Nations, a discussion of whether
the Inspector General is keeping the Secretary General
and the members of the General Assembly fully informed
about problems, deficiencies, the necessity for corrective
action, and the progress of corrective action.
‘‘(iii) For purposes of this subparagraph, the term ‘office
of the Inspector General’ means an independent office (or
other independent entity) established by the United
Nations to conduct and supervise objective audits, inspec-
tions, and investigations relating to the programs and oper-
ations of the United Nations.
‘‘(B) A description of the status of efforts to reduce
the United States peacekeeping assessment rate.
‘‘(C) A description of the status of other United States
efforts to achieve financial and management reform at
the United Nations.
‘‘(4) MILITARY PERSONNEL PARTICIPATING IN MULTINATIONAL
FORCES.—A description of—
‘‘(A) the status under international law of members
of multinational forces, including the legal status of such
personnel if captured, missing, or detained;
‘‘(B) the extent of the risk for United States military
personnel who are captured while participating in multi-
national forces in cases where their captors fail to respect
the 1949 Geneva Conventions and other international
agreements intended to protect prisoners of war; and
‘‘(C) the specific steps that have been taken to protect
United States military personnel participating in multi-
national forces, together (if necessary) with any rec-
ommendations for the enactment of legislation to achieve
that objective.
‘‘(5) HUMAN RIGHTS AND U.N. PEACEKEEPING FORCES.—A
description of the efforts by United Nations peacekeeping forces
to promote and protect internationally recognized human rights
standards, including the status of investigations in any case
of alleged human rights violations during the preceding year
H. R. 2333—71
by personnel participating in United Nations peacekeeping
forces, as well as any action taken in such cases.
‘‘(e) DESIGNATED CONGRESSIONAL COMMITTEES.—As used in this
section, the term ‘designated congressional committees’ has the
meaning given that term by section 415 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.’’.
SEC. 408. TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTER-
NATIONAL PEACEKEEPING OPERATIONS.
Chapter 2 of part II of the Foreign Assistance Act of 1961
is amended by adding after section 519 (22 U.S.C. 2321m) the
following:
‘‘SEC. 520. TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTER-
NATIONAL PEACEKEEPING OPERATIONS.
‘‘(a) GENERAL AUTHORITY.—The President may transfer to inter-
national and regional organizations of which the United States
is a member such excess defense articles as the President deter-
mines necessary to support international peacekeeping operations
and other activities and operations to maintain and restore inter-
national peace and security. Such transfers shall be on such terms
and conditions as the President may determine, consistent with
this section.
‘‘(b) CONDITIONALITY OF AUTHORITY.—
‘‘(1) IN GENERAL.—The authority of subsection (a) may not
be exercised with respect to an international or regional
organization until the United States has entered into a written
agreement with that organization providing that the value of
any excess defense articles transferred under this section shall
be credited against United States assessed contributions to
that organization. For purposes of this paragraph, the term
‘value’ means such amount as may be agreed upon by the
United States and the recipient organization, except that such
amount may not be less than the value (as defined in section
644(m)(1) of this Act) of the articles transferred.
‘‘(2) CREDITING
OF
TRANSFERS.—(A) The credit provided
for pursuant to paragraph (1) shall be counted against United
States assessed contributions to the recipient organization that
are payable from the ‘Contribution to International Peacekeep-
ing Activities’ account of the Department of State, except to
the extent such credit is counted, in accordance with subpara-
graph (B), against an assessed contribution payable from an
account established within the Department of Defense.
‘‘(B) If—
‘‘(i) an account is established within the Department
of Defense for payment of a portion of United States
assessed contributions for United Nations operations,
‘‘(ii) excess defense articles are transferred under this
section for a United Nations operation, and
‘‘(iii) the United States assessed contribution for that
operation is payable from that account,
the credit for those excess defense articles shall be counted
against the assessed contribution payable from that account,
but only to the extent that the value of the excess defense
articles so transferred for that operation during a fiscal year
does not exceed the total United States assessed contribution
payable for that operation from that account during that fiscal
year.
H. R. 2333—72
‘‘(c) LIMITATIONS ON TRANSFERS.—The President may transfer
excess defense articles under this section only if—
‘‘(1) they are drawn from existing stocks of the Department
of Defense (or the Coast Guard);
‘‘(2) funds available to the Department of Defense (or the
Coast Guard) for the procurement of defense equipment are
not expended in connection with the transfer;
‘‘(3) the transfer of the excess defense articles will not
have an adverse impact on the military readiness of the United
States; and
‘‘(4) the President has established procedures and require-
ments, comparable to those applicable under section 505 of
this Act, to ensure that such excess defense articles will be
used only for purposes that have been agreed to by the United
States.
‘‘(d) NOTIFICATION TO CONGRESS.—
‘‘(1) IN GENERAL.—The President shall notify the designated
congressional committees regarding any transfer of excess
defense articles under this section in accordance with paragraph
(2). This notification shall include—
‘‘(A) a discussion of the need for the transfer;
‘‘(B) an assessment of the impact of the transfer on
the military readiness of the United States; and
‘‘(C) a statement of—
‘‘(i) the acquisition cost and the value (as defined
in section 644(m)(1) of this Act) of the excess defense
articles to be transferred, and
‘‘(ii) the aggregate acquisition cost and the aggre-
gate value (as so defined) of all excess defense articles
for which notification has been provided under this
subsection during that fiscal year with respect to trans-
fers to the same organization under this section.
‘‘(2) TIMING
OF
NOTICE.—(A) The President shall notify
the designated congressional committees pursuant to paragraph
(1) at least 15 days before the excess defense articles are
transferred under this section, except as provided in subpara-
graph (B).
‘‘(B) If the President determines that an unforeseen emer-
gency requires the immediate transfer of excess defense articles
under this section, the President—
‘‘(i) may waive the requirement of subparagraph (A)
that notice be provided at least 15 days in advance of
the transfer; and
‘‘(ii) shall promptly notify the designated congressional
committees of such waiver and transfer.
‘‘(3) DESIGNATED COMMITTEES.—As used in this subsection,
the term ‘designated congressional committees’ means the
Committee on Foreign Affairs, the Committee on Armed Serv-
ices, and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on Appro-
priations of the Senate.
‘‘(e) TRANSPORTATION AND RELATED COSTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
funds available to the Department of Defense shall not be
expended for crating, packing, handling, and transporting
H. R. 2333—73
excess defense articles transferred under the authority of this
section.
‘‘(2) EXCEPTION.—Notwithstanding any other provision of
law, the President may direct the crating, packing, handling,
and transporting of excess defense articles without charge to
an international or regional organization if the President deter-
mines that waiving such costs advances the foreign policy
interests of the United States.
‘‘(f) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF DOD
EXPENSES.—Section 632(d) shall not apply with respect to transfers
of excess defense articles under this section and to any costs of
crating, packing, handling, and transporting incurred under sub-
section (e)(2).’’.
SEC. 409. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF
THE UNITED NATIONS AND ITS SPECIALIZED AGENCIES.
(a) ASSESSED
CONTRIBUTIONS.—For assessed contributions
authorized to be appropriated for ‘‘Assessed Contributions to Inter-
national Organizations’’ by this Act, the President may withhold
20 percent of the funds appropriated for the United States assessed
contribution to the United Nations or to any of its specialized
agencies for any calendar year if the United Nations or any such
agency has failed to implement or to continue to implement consen-
sus-based decisionmaking procedures on budgetary matters which
assure that sufficient attention is paid to the views of the United
States and other member states that are the major financial
contributors to such assessed budgets.
(b) NOTICE TO CONGRESS.—The President shall notify the Con-
gress when a decision is made to withhold any share of the United
States assessed contribution to the United Nations or its specialized
agencies pursuant to subsection (a) and shall notify the Congress
when the decision is made to pay any previously withheld assessed
contribution. A notification under this subsection shall include
appropriate consultation between the President (or the President’s
representative) and the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of the
Senate.
(c) CONTRIBUTIONS FOR PRIOR YEARS.—Subject to the availabil-
ity of appropriations, payment of assessed contributions for prior
years may be made to the United Nations or any of its specialized
agencies notwithstanding subsection (a) if such payment would
further United States interests in that organization.
(d) REPORT TO CONGRESS.—Not later than February 1 of each
year, the President shall submit to the Congress a report concerning
the amount of United States assessed contributions paid to the
United Nations and each of its specialized agencies during the
preceding calendar year.
(e) REPEAL OF EXISTING LAW.—Section 162 of the Foreign Rela-
tions Authorization Act, Fiscal Years 1992 and 1993 is amended
by striking subsections (a), (b), (c), and (d).
SEC. 410. LIMITATION ON CONTRIBUTIONS TO THE UNITED NATIONS
AND AFFILIATED ORGANIZATIONS.
The United States shall not make any voluntary or assessed
contribution—
(1) to any affiliated organization of the United Nations
which grants full membership as a state to any organization
H. R. 2333—74
or group that does not have the internationally recognized
attributes of statehood, or
(2) to the United Nations, if the United Nations grants
full membership as a state in the United Nations to any
organization or group that does not have the internationally
recognized attributes of statehood,
during any period in which such membership is effective.
SEC. 411. UNITED NATIONS SECURITY COUNCIL MEMBERSHIP.
(a) FINDINGS.—The Congress makes the following findings:
(1) The effectiveness of the United Nations Security Council
in maintaining international peace and security depends on
its being representative of the membership of the United
Nations.
(2) The requirement of equitable geographic distribution
in Article 23 of the United Nations Charter requires that the
members of the Security Council of the United Nations be
chosen by nondiscriminatory means.
(3) The use of informal regional groups of the General
Assembly as the sole means for election of the nonpermanent
members of the Security Council is inherently discriminatory
in the absence of guarantees that all member states will have
the opportunity to join a regional group, and has resulted
in discrimination against Israel.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the President should direct the Secretary of State to request the
Secretary General of the United Nations to seek immediate resolu-
tion of the problem described in this section. The President shall
inform the Congress of any progress in resolving this situation,
together with the submission to Congress of the request for funding
for the ‘‘Contributions to International Organizations’’ account of
the Department of State for the fiscal year 1995.
SEC. 412. REFORMS IN THE WORLD HEALTH ORGANIZATION.
(a) SENSE OF THE CONGRESS.—It is the sense of the Congress
that United States contributions to the World Health Organization
(WHO) should be utilized in the most effective and efficient manner
possible, particularly for the reduction of diseases and disabilities
in developing countries.
(b) POLICY.—The President shall direct the United States rep-
resentatives to the World Health Assembly, the Executive Board,
and the World Health Organization to monitor the activities of
the World Health Organization to ensure that such organizations
achieve—
(1) the timely implementation of reforms and management
improvements, including those outlined in the resolutions of
the 46th World Health Assembly related to the external Auditor
(WHA 46.21), the Report of the Executive Board on the WHO
Response to Global Change (WHA 46.16) and actions for Budg-
etary Reform (WHA 46.35); and
(2) the effective and efficient utilization and monitoring
of resources, including—
(A) the determination of strategic and financial prior-
ities; and
(B) the establishment of realistic and measurable tar-
gets in accordance with the established health priorities.
H. R. 2333—75
SEC. 413. REFORMS IN THE FOOD AND AGRICULTURE ORGANIZATION.
In light of the longstanding efforts of the United States and
the other major donor nations to reform the Food and Agriculture
Organization (FAO) and the findings of the ongoing investigation
of the General Accounting Office, the Congress makes the following
declarations:
(1) It should be the policy of the United States to promote
the following reforms in the Food and Agriculture Organization:
(A) Decentralization of the administrative structure
of FAO, including eliminating redundant or unnecessary
headquarters staff, increased responsibilities of regional
offices, increased time for consideration of budget issues
by member states, and a more meaningful and direct role
for member states in the decisionmaking process.
(B) Reform of the FAO Council, including formation
of an executive management committee to provide oversight
of management.
(C) Limitation of the term of the Director General
and the number of terms which an individual may serve.
(D) 
Restructuring 
of 
the 
Technical 
Cooperation
Program (TCP), including reducing the number of non-
emergency projects funded through the TCP and establish-
ing procedures to deploy TCP consultants, supplies, and
equipment in a timely manner.
(2) In an effort to increase the presence of United States
personnel at the international food agencies and to enhance
the professionalism of these institutions, it should be the policy
of the United States, to the maximum extent practicable, to
utilize existing personnel programs such as the United States
Department of Agriculture Associate Professional Officer pro-
gram to place United States personnel with unique skills in
the Food and Agriculture Organization, the International Fund
for Agricultural Development, and the World Food Program.
SEC. 414. SENSE OF CONGRESS REGARDING ADHERENCE TO UNITED
NATIONS CHARTER.
It is the sense of the Congress that—
(1) the President should seek an assurance from the Sec-
retary General of the United Nations that the United Nations
will comply with Article 100 of the United Nations Charter;
(2) neither the Secretary General of the United Nations
nor his staff should seek or receive instructions from any
government or from any other authority external to the United
Nations; and
(3) the President should report to Congress when he
receives such assurance from the Secretary General of the
United Nations.
SEC. 415. DESIGNATED CONGRESSIONAL COMMITTEES.
For purposes of this part, the term ‘‘designated congressional
committees’’ means the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the Committee
on Appropriations and the Committee on Foreign Affairs of the
House of Representatives.
H. R. 2333—76
PART B—GENERAL PROVISIONS AND OTHER
INTERNATIONAL ORGANIZATIONS
SEC. 421. AGREEMENT ON STATE AND LOCAL TAXATION.
The President is authorized to bring into force for the United
States the Agreement on State and Local Taxation of Foreign
Employees of Public International Organizations, which was signed
by the United States on April 21, 1992, except that, notwithstanding
the provisions of Article 1.B of such Agreement, such Agreement
shall not require any refunds of monies paid with respect to tax
years ending on or before December 31, 1993.
SEC. 422. CONFERENCE ON SECURITY AND COOPERATION IN EUROPE.
The President is authorized to implement, for the United States,
the provisions of Annex 1 of the Decision concerning Legal Capacity
and Privileges and Immunities, issued by the Council of Ministers
of the Conference on Security and Cooperation in Europe on Decem-
ber 1, 1993, in accordance with the terms of that Annex.
SEC. 423. INTERNATIONAL BOUNDARY AND WATER COMMISSION.
(a) AUTHORIZATION TO RECEIVE PAYMENTS.—Section 2 of the
American-Mexican Chamizal Convention Act of 1964 (Public Law
88–300; 22 U.S.C. 277d–18) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The’’; and
(2) by adding at the end the following new subsections:
‘‘(b) The United States Commissioner is authorized to receive
payments of money from public or private sources in the United
States or Mexico made for the purpose of sharing in the cost
of replacement of the Bridge of the Americas which crosses the
Rio Grande between El Paso, Texas, and Cd. Juarez, Chihuahua.
Notwithstanding any other provision of law, such payments of
money shall be credited to any appropriation to the Commission
which is currently available. Funds received under this subsection
shall be available only for the replacement of such bridge.
‘‘(c) The authority of subsection (b) may be exercised only to
the extent or in such amounts as are provided in advance in
appropriation Acts.’’.
(b) EXPENDITURES FOR WATER POLLUTION PROBLEMS.—Title I
of the Act of June 20, 1956 (70 Stat. 302, 22 U.S.C. 277d–12),
is amended in the fourth undesignated paragraph under the heading
‘‘INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND
MEXICO’’ by striking ‘‘Tijuana Rivers,’’ and all that follows
before the period and inserting ‘‘Tijuana Rivers, or other streams
running across or near the boundary, and for taking emergency
actions, consistent with the emergency provisions of the Safe Drink-
ing Water Act, to protect against health threatening surface and
ground water pollution problems along the United States-Mexico
boundary’’.
(c) FALCON AND AMISTAD DAMS MAINTENANCE FUND.—Section
2 of the Act of June 18, 1954 (68 Stat. 255, as amended by the
Act of December 23, 1963, 77 Stat. 475) is amended to read as
follows:
‘‘SEC. 2. (a) A separate fund, known as the ‘Falcon and Amistad
Operating and Maintenance Fund’ (hereinafter referred to as the
‘Maintenance Fund’), shall be created in the Treasury of the United
States. The Maintenance Fund shall be administered by the
Administrator of the Western Area Power Administration for use
H. R. 2333—77
by the Commissioner of the United States Section of the Inter-
national Boundary and Water Commission to defray operation,
maintenance, and emergency costs for the hydroelectric facilities
at the Falcon and Amistad Dams.
‘‘(b) All revenues collected in connection with the disposition
of electric power generated at the Falcon and Amistad Dams, except
those revenues paid pursuant to subsection (d) to the general fund
of the Treasury of the United States, shall be credited to the
Maintenance Fund and shall remain available until expended for
defraying operation, maintenance, and emergency costs for the
hydroelectric facilities at the dams.
‘‘(c) The authority of subsection (b) may be exercised only to
the extent or in such amounts as are provided in advance in
appropriation Acts.
‘‘(d) Revenues in the Maintenance Fund in excess of operation,
maintenance, and emergency needs shall be paid annually to the
general fund of the Treasury of the United States to return the
costs of replacements and the original investments, with interest.
‘‘(e) All moneys received from the Government of Mexico for
any energy which might be delivered to that Government by the
United States Section of the International Boundary and Water
Commission pursuant to any special agreement concluded in accord-
ance with Article 19 of the said Treaty shall be credited to the
general fund of the Treasury of the United States.’’.
SEC. 424. UNITED STATES MEMBERSHIP IN THE ASIAN-PACIFIC ECO-
NOMIC COOPERATION ORGANIZATION.
(a) UNITED STATES MEMBERSHIP.—The President is authorized
to maintain membership of the United States in the Asian-Pacific
Economic Cooperation (APEC).
(b) PAYMENT
OF ASSESSED CONTRIBUTIONS.—For fiscal year
1994 and for each fiscal year thereafter, the United States assessed
contributions to APEC may be paid from funds appropriated for
‘‘Contributions to International Organizations’’.
SEC. 425. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL COP-
PER STUDY GROUP.
(a) UNITED STATES MEMBERSHIP.—The President is authorized
to accept the Terms of Reference of and maintain membership
of the United States in the International Copper Study Group
(ICSG).
(b) PAYMENTS OF ASSESSED CONTRIBUTIONS.—For fiscal year
1995 and thereafter the United States assessed contributions to
the ICSG may be paid from funds appropriated for ‘‘Contributions
to International Organizations’’.
SEC. 426. EXTENSION 
OF 
THE 
INTERNATIONAL 
ORGANIZATIONS
IMMUNITIES ACT TO THE INTERNATIONAL UNION FOR
CONSERVATION OF NATURE AND NATURAL RESOURCES.
The International Organizations Immunities Act (22 U.S.C.
288 et seq.) is amended by adding at the end the following new
section:
‘‘SEC. 14. The International Union for Conservation of Nature
and Natural Resources shall be considered to be an international
organization for the purposes of this title and may be extended
the provisions of this title in the same manner, to the same extent,
and subject to the same conditions, as such provisions may be
extended to a public international organization in which the United
H. R. 2333—78
States participates pursuant to any treaty or under the authority
of any Act of Congress authorizing such participation or making
an appropriation for such participation.’’.
SEC. 427. INTER-AMERICAN ORGANIZATIONS.
Taking into consideration the long-term commitment by the
United States to the affairs of this Hemisphere and the need to
build further upon the linkages between the United States and
its neighbors, it is the sense of the Congress that the Secretary
of State, in allocating the level of resources for international
organizations, should pay particular attention to funding levels
of the Inter-American organizations.
SEC. 428. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL
COFFEE ORGANIZATION.
None of the funds authorized to be appropriated by this Act
may be used to fund any United States contribution to the Inter-
national Coffee Organization.
SEC. 429. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL
JUTE ORGANIZATION.
None of the funds authorized to be appropriated by this Act
may be used to fund any United States contribution to the Inter-
national Jute Organization.
SEC. 430. MIGRATION AND REFUGEE AMENDMENTS.
(a) MIGRATION AND REFUGEE ASSISTANCE ACT AMENDMENTS.—
The Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601)
is amended—
(1) in section 2 by striking ‘‘the Intergovernmental Commit-
tee for European Migration’’ and inserting ‘‘the International
Organization for Migration’’ each place it appears;
(2) in section 2(a) by striking ‘‘the Committee’’ and inserting
‘‘the Organization’’ each place it appears;
(3) in the first sentence of section 2(a) by inserting before
the period ‘‘, as amended in Geneva, Switzerland, on May
20, 1987’’; and
(4) in section 2(c)(2), by striking ‘‘$50,000,000’’ and inserting
‘‘$100,000,000’’.
(b) PUBLIC LAW 100–204.—Section 745 of Public Law 100–
204 (22 U.S.C. 2601 note) is repealed.
SEC. 431. WITHHOLDING OF UNITED STATES CONTRIBUTIONS FOR
CERTAIN 
PROGRAMS 
OF 
INTERNATIONAL 
ORGANIZA-
TIONS.
(a) WITHHOLDING OF UNITED STATES CONTRIBUTIONS FOR CER-
TAIN PROGRAMS OF INTERNATIONAL ORGANIZATIONS.—Section 307
of the Foreign Assistance Act of 1961 is amended—
(1) in subsection (a) by striking ‘‘the South-West Africa
People’s Organization’’ and inserting ‘‘Burma, Iraq, North
Korea, Syria’’; and
(2) by inserting after subsection (b) the following:
‘‘(c) The limitations of subsection (a) shall not apply to contribu-
tions to the International Atomic Energy Agency or the United
Nations Children’s Fund (UNICEF).’’.
(b) UNITED NATIONS DEVELOPMENT PROGRAM.—
(1) Except as provided in paragraphs (2) and (3), for fiscal
years 1994 and 1995 none of the funds made available for
H. R. 2333—79
United Nations Development Program or United Nations Devel-
opment Program—Administered Funds shall be available for
programs and activities in or for Burma.
(2) Of the funds made available for United Nations Develop-
ment Program and United Nations Development Program—
Administered Funds for fiscal year 1994, $11,000,000 may be
available only if the President certifies to the Congress that
the United Nations Development Program’s programs and
activities in or for Burma promote the enjoyment of internation-
ally guaranteed human rights in Burma and do not benefit
the State Law and Order Restoration Council (SLORC) military
regime.
(3) Of the funds made available for United Nations Develop-
ment Program and United Nations Development Program—
Administered Funds for fiscal year 1995, $27,600,000 may
be available only if the President certifies to the Congress
that—
(A) the United Nations Development Program has
approved or initiated no new programs and no new funding
for existing programs in or for Burma since the United
Nations Development Program Governing Council (Execu-
tive Board) meeting of June 1993,
(B) such programs address unforeseen urgent humani-
tarian concerns, or
(C) a democratically elected government in Burma has
agreed to such programs.
TITLE V—FOREIGN POLICY
PART A—GENERAL PROVISIONS
SEC. 501. UNITED STATES POLICY CONCERNING OVERSEAS ASSIST-
ANCE TO REFUGEES AND DISPLACED PERSONS.
(a) STANDARDS
FOR REFUGEE WOMEN
AND CHILDREN.—The
United States Government, in providing for overseas assistance
and protection of refugees and displaced persons, shall seek to
address the protection and provision of basic needs of refugee
women and children who represent 80 percent of the world’s refugee
population. As called for in the 1991 United Nations High Commis-
sioner for Refugees (UNHCR) ‘‘Guidelines on the Protection of Refu-
gee Women’’, whether directly, or through international organiza-
tions and nongovernmental voluntary organizations, the Secretary
of State shall seek to ensure—
(1) specific attention on the part of the United Nations
and relief organizations to recruit and employ female protection
officers;
(2) implementation of gender awareness training for field
staff including, but not limited to, security personnel;
(3) the protection of refugee women and children from
violence and other abuses on the part of governments or insur-
gent groups;
(4) full involvement of women refugees in the planning
and implementation of (A) the delivery of services and assist-
ance, and (B) the repatriation process;
(5) incorporation of maternal and child health needs into
refugee health services and education, specifically to include
H. R. 2333—80
education on and access to services in reproductive health and
birth spacing;
(6) the availability of counseling and other services, griev-
ance processes, and protective services to victims of violence
and abuse, including but not limited to rape and domestic
violence;
(7) the provision of educational programs, particularly lit-
eracy and numeracy, vocational and income-generation skills
training, and other training efforts promoting self-sufficiency
for refugee women, with special emphasis on women heads
of household;
(8) education for all refugee children, ensuring equal access
for girls, and special services and family tracing for unaccom-
panied refugee minors;
(9) the collection of data that clearly enumerate age and
gender so that appropriate health, education, and assistance
programs can be planned;
(10) the recruitment, hiring, and training of more women
program professionals in the international humanitarian field;
and
(11) gender-awareness training for program staff of the
United Nations High Commissioner for Refugees (UNHCR) and
nongovernmental voluntary organizations on implementation
of the 1991 UNHCR ‘‘Guidelines on the Protection of Refugee
Women’’.
(b) PROCEDURES.—The Secretary of State should adopt specific
procedures to ensure that all recipients of United States Govern-
ment refugee and migration assistance funds implement the stand-
ards outlined in subsection (a).
(c) REQUIREMENTS FOR REFUGEE AND MIGRATION ASSISTANCE.—
The Secretary of State, in providing migration and refugee assist-
ance, should support the protection efforts set forth under this
section by raising at the highest levels of government the issue
of abuses against refugee women and children by governments
or insurgent groups that engage in, permit, or condone—
(1) a pattern of gross violations of internationally recog-
nized human rights, such as torture or cruel, inhumane, or
degrading treatment or punishment, prolonged detention with-
out charges, or other flagrant denial to life, liberty, and the
security of person;
(2) the blockage of humanitarian relief assistance;
(3) gender-specific persecution such as systematic individ-
ual or mass rape, forced pregnancy, forced abortion, enforced
prostitution, any form of indecent assault or act of violence
against refugee women, girls, and children; or
(4) continuing violations of the integrity of the person
against refugee women and children on the part of armed
insurgents, local security forces, or camp guards.
(d) INVESTIGATION
OF
REPORTS.—Upon receipt of credible
reports of abuses under subsection (c), the Secretary of State should
immediately investigate such reports through emergency fact-find-
ing missions or other means of investigating such reports and
help identify appropriate remedial measures.
(e) MULTILATERAL IMPLEMENTATION
OF
THE 1991 UNHCR
‘‘GUIDELINES ON THE PROTECTION OF REFUGEE WOMEN’’.—The Sec-
retary of State should work to ensure that multilateral organiza-
tions fully incorporate the needs of refugee women and children
H. R. 2333—81
into all elements of refugee assistance programs and work to encour-
age other governments that provide refugee assistance to adopt
refugee assistance policies designed to encourage full implementa-
tion of the 1991 UNHCR’s ‘‘Guidelines on the Protection of Refugee
Women’’.
SEC. 502. INTERPARLIAMENTARY EXCHANGES.
(a) AUTHORIZATIONS OF APPROPRIATIONS.—
(1) Section 2 of Public Law 86–420 is amended—
(A) by striking ‘‘$100,000’’ and inserting ‘‘$80,000’’; and
(B) by striking ‘‘$50,000’’ both places it appears and
inserting ‘‘$40,000’’.
(2) Section 2 of Public Law 86–42 is amended—
(A) by striking ‘‘$50,000’’ and inserting ‘‘$70,000’’; and
(B) by striking ‘‘$25,000’’ both places it appears and
inserting ‘‘$35,000’’.
(b) DEPOSIT OF FUNDS IN INTEREST-BEARING ACCOUNTS.—Funds
appropriated and disbursed pursuant to section 303 of Title III
of Public Law 100–202 (101 Stat. 1329–23; 22 U.S.C. 276 note)
are authorized to be deposited in interest-bearing accounts and
any interest which accrues shall be deposited, periodically, in a
miscellaneous account of the Treasury.
SEC. 503. FOOD AS A HUMAN RIGHT.
(a) THE RIGHT TO FOOD AND UNITED STATES FOREIGN POLICY.—
(1) IN GENERAL.—The United States should, in accordance
with its international obligations and in keeping with the long-
standing humanitarian tradition of the United States, promote
increased respect internationally for the rights to food and
to medical care, including the protection of these rights with
respect to civilians and noncombatants during times of armed
conflict (such as through ensuring safe passage of relief supplies
and access to impartial humanitarian relief organizations
providing relief assistance).
(2) RESPONSIBILITIES OF ASSISTANT SECRETARY OF STATE.—
The responsibilities of the Assistant Secretary of State who
is responsible for human rights and humanitarian affairs shall
include promoting increased respect internationally for the
rights to food and to medical care in accordance with paragraph
(1).
(b) INTERNATIONAL EFFORT
TO STRENGTHEN
THE RIGHT
TO
FOOD.—It is the sense of the Congress that a major effort should
be made to strengthen the right to food in international law to
assure the access of all persons to adequate food supplies.
SEC. 504. TRANSPARENCY IN ARMAMENTS.
It is the sense of the Congress that—
(1) no sale of any defense article or defense service should
be made, no license should be issued for the export of any
defense article or defense service, and no agreement to transfer
in any way any defense article or defense service should be
made to any nation that does not fully furnish all pertinent
data to the United Nations Register of Conventional Arms
pursuant to United Nations General Assembly Resolution 46/
36L by the reporting date specified by such register;
(2) if a nation has not submitted the required information
by the reporting date of a particular year, but subsequently
submits notification to the United Nations that it intends to
H. R. 2333—82
provide such information at the next reporting date, an agree-
ment may be negotiated with the nation or a license may
be issued, but the actual delivery of such defense article or
service should not occur until that nation submits such informa-
tion; and
(3) the President should seek to restart the United Nations
Security Council ‘‘Perm-5’’ talks and should report to the Con-
gress on the progress of such talks and the effects of United
States agreements since October 1991 to sell arms to the devel-
oping world.
SEC. 505. SENSE OF THE SENATE CONCERNING INSPECTOR GENERAL
ACT.
It is the sense of the Senate that—
(1) there is a growing concern among some of the Members
of this body that the unlimited terms of Office of Inspectors
General in Federal agencies may be undesirable, therefore
(2) the issue of amending the Inspector General Act to
establish term limits for Inspectors General should be examined
and considered as soon as possible by the appropriate commit-
tees of jurisdiction.
SEC. 506. TORTURE CONVENTION IMPLEMENTATION.
(a) IN GENERAL.—Part I of title 18, United States Code, is
amended by inserting after chapter 113A the following new chapter:
‘‘CHAPTER 113B—TORTURE
‘‘Sec.
‘‘2340. Definitions.
‘‘2340A. Torture.
‘‘2340B. Exclusive remedies.
‘‘SEC. 2340. DEFINITIONS.
‘‘As used in this chapter—
‘‘(1) ‘torture’ means an act committed by a person acting
under the color of law specifically intended to inflict severe
physical or mental pain or suffering (other than pain or suffer-
ing incidental to lawful sanctions) upon another person with
custody or physical control;
‘‘(2) ‘severe mental pain or suffering’ means the prolonged
mental harm caused by or resulting from—
‘‘(A) the intentional infliction or threatened infliction
of severe physical pain or suffering;
‘‘(B) the administration or application, or threatened
administration or application, of mind-altering substances
or other procedures calculated to disrupt profoundly the
senses or the personality;
‘‘(C) the threat of imminent death; or
‘‘(D) the threat that another person will imminently
be subjected to death, severe physical pain or suffering,
or the administration or application of mind-altering sub-
stances or other procedures calculated to disrupt profoundly
the senses or personality; and
‘‘(3) ‘United States’ includes all areas under the jurisdiction
of the United States including any of the places described
in sections 5 and 7 of this title and section 101(38) of the
Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38)).
H. R. 2333—83
‘‘SEC. 2340A. TORTURE.
‘‘(a) OFFENSE.—Whoever outside the United States commits
or attempts to commit torture shall be fined under this title or
imprisoned not more than 20 years, or both, and if death results
to any person from conduct prohibited by this subsection, shall
be imprisoned for any term of years or for life.
‘‘(b) JURISDICTION.—There is jurisdiction over the activity
prohibited in subsection (a) if—
‘‘(1) the alleged offender is a national of the United States;
or
‘‘(2) the alleged offender is present in the United States,
irrespective of the nationality of the victim or alleged offender.
‘‘SEC. 2340B. EXCLUSIVE REMEDIES.
‘‘Nothing in this chapter shall be construed as precluding the
application of State or local laws on the same subject, nor shall
anything in this chapter be construed as creating any substantive
or procedural right enforceable by law by any party in any civil
proceeding.’’.
(b) TECHNICAL AMENDMENT.—The part analysis for part I of
title 18, United States Code, is amended by inserting after the
item relating to chapter 113A the following new item:
‘‘113B. Torture ......................................................................................................2340.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the later of—
(1) the date of enactment of this Act; or
(2) the date on which the United States has become a
party to the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
SEC. 507. UNITED STATES POLICY CONCERNING IRAQ.
(a) POLICY.—It is the sense of the Congress that the President
should—
(1) take steps to encourage the United Nations Security
Council—
(A) to reaffirm support for the protection of all Iraqi
Kurdish and other minorities pursuant to Security Council
Resolution 688;
(B) to maintain the United Nations embargo on the
Iraqi regime until Iraq complies with all relevant Security
Council resolutions;
(C) to consider lifting selectively the United Nations
embargo on the areas under the administration of the
democratically-elected leadership of Iraqi Kurdistan, sub-
ject to the verifiable conditions that—
(i) the inhabitants of such areas do not conduct
trade with the Iraqi regime, and
(ii) the partial lifting of the embargo will not mate-
rially assist the Iraqi regime;
(D) to consider extending international protection,
including the establishment of a safe haven, to the marsh
Arabs in southern Iraq; and
(E) to pursue international judgments against Iraqi
officials responsible for war crimes and crimes against
humanity, based upon documentary evidence obtained from
Iraqi and other sources;
H. R. 2333—84
(2) continue to advocate the maintenance of Iraq’s terri-
torial integrity and the transition to a unified, democratic Iraq;
(3) take steps to encourage the provision of humanitarian
assistance for the people fleeing from the marshes in southern
Iraq;
(4) design a multilateral assistance program for the people
of Iraqi Kurdistan to support their drive for self-sufficiency;
and
(5) take steps to intensify discussions with the Government
of Turkey, whose support and cooperation in the protection
of the people of Iraqi Kurdistan is critical, to ensure that
the stability of both Turkey and the entire region are enhanced
by the measures taken under this section.
SEC. 508. HIGH-LEVEL VISITS TO TAIWAN.
It is the sense of the Congress that—
(1) the President should be commended for meeting with
Taiwan’s Minister of Economic Affairs during the Asia-Pacific
Economic Cooperation Conference in Seattle;
(2) the President should send Cabinet-level appointees to
Taiwan to promote United States interests and to ensure the
continued success of United States business in Taiwan; and
(3) in addition to Cabinet-level visits, the President should
take steps to show clear United States support for Taiwan
both in our bilateral relationship and in multilateral organiza-
tions of which the United States is a member.
SEC. 509. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE
ARTICLES IN THE WAR RESERVE ALLIES STOCKPILE TO
THE REPUBLIC OF KOREA.
(a) AUTHORITY.—(1) Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President is author-
ized to transfer to the Republic of Korea, in return for concessions
to be negotiated by the Secretary of Defense, with the concurrence
of the Secretary of State, any or all of the items described in
paragraph (2).
(2) The items referred to in paragraph (1) are equipment,
tanks, weapons, repair parts, and ammunition that—
(A) are obsolete or surplus items;
(B) are in the inventory of the Department of Defense;
(C) are intended for use as reserve stocks for the Republic
of Korea; and
(D) as of the date of enactment of this Act, are located
in a stockpile in the Republic of Korea.
(b) CONCESSIONS.—The value of the concessions negotiated
pursuant to subsection (a) shall be at least equal to the fair market
value of the items transferred. The concessions may include cash
compensation, services, waiver of charges otherwise payable by
the United States, and other items of value.
(c) ADVANCE NOTIFICATION OF TRANSFER.—Not less than 30
days before making a transfer under the authority of this section,
the President shall transmit to the Committee on Foreign Relations
of the Senate, the Committee on Foreign Affairs of the House
of Representatives, and the congressional defense committees a
notification of the proposed transfer. The notification shall identify
the items to be transferred and the concessions to be received.
H. R. 2333—85
(d) EXPIRATION
OF AUTHORITY.—No transfer may be made
under the authority of this section more than two years after
the date of the enactment of this Act.
SEC. 510. EXTENSION OF THE FAIR TRADE IN AUTO PARTS ACT OF
1988.
(a) IN GENERAL.—Section 2125 of the Fair Trade in Auto Parts
Act of 1988 (15 U.S.C. 4704) is amended by striking ‘‘1993’’ and
inserting ‘‘1998’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on December 30, 1993.
SEC. 511. REPORT ON THE USE OF FOREIGN FROZEN OR BLOCKED
ASSETS.
Not later than 60 days after the date of enactment of this
Act, the President shall submit to the Committee on Foreign Rela-
tions of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report containing a detailed accounting
analysis and justification for all expenditures made from the assets
of foreign governments that have been frozen or blocked by the
United States Government, including expenditures from frozen or
blocked assets of Haiti, Iraq, and Iran.
SEC. 512. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.
The Foreign Operations, Export Financing, and Related Pro-
grams Appropriations Act, 1990 (Public Law 101–167), is
amended—
(1) in section 599D (8 U.S.C. 1157 note)—
(A) in subsection (b)(3), by striking ‘‘1993 and 1994’’
and inserting ‘‘1993, 1994, 1995, and 1996’’; and
(B) in subsection (e), by striking out ‘‘October 1, 1994’’
each place it appears and inserting in lieu thereof ‘‘October
1, 1996’’; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking out ‘‘September 30, 1994’’ and inserting in
lieu thereof ‘‘September 30, 1996’’.
SEC. 513. POLICY REGARDING THE CONDITIONS WHICH THE GOVERN-
MENT OF THE PEOPLE’S REPUBLIC OF CHINA SHOULD
MEET TO CONTINUE TO RECEIVE NONDISCRIMINATORY
MOST-FAVORED-NATION TREATMENT.
(a) FINDINGS.—The Senate makes the following findings:
(1) In an Executive Order of May 28, 1993, the President
established conditions for renewal of most-favored-nation
(MFN) status for the People’s Republic of China in 1994.
(2) The Executive Order requires that in making a rec-
ommendation about the further extension of MFN status to
China, the Secretary of State shall not recommend extension
unless the Secretary determines that—
(A) extension will substantially promote the freedom
of emigration objectives of section 402 of the Trade Act
of 1974; and
(B) China is complying with the 1992 bilateral agree-
ment between the United States and China concerning
prison labor.
(3) The Executive Order further requires that in making
a recommendation, the Secretary of State shall determine
H. R. 2333—86
whether China has made overall, significant progress with
respect to—
(A) taking steps to begin adhering to the Universal
Declaration of Human Rights;
(B) releasing and providing an acceptable accounting
for Chinese citizens imprisoned or detained for the non-
violent expression of their political and religious beliefs,
including such expression of religious beliefs in connection
with the Democracy Wall and Tiananmen Square move-
ments;
(C) ensuring humane treatment of prisoners, such as
by allowing access to prisons by international humanitarian
and human rights organizations;
(D) protecting Tibet’s distinctive religious and cultural
heritage; and
(E) permitting international radio and television broad-
casts into China.
(4) The Executive Order further requires the Executive
Branch to resolutely pursue all legislative and executive actions
to ensure that China abides by its commitments to follow
fair, nondiscriminatory trade practices in dealing with United
States businesses, and adheres to the Nuclear Nonproliferation
Treaty, the Missile Technology Control Regime guidelines and
parameters, and other nonproliferation commitments.
(5) The Chinese government should cooperate with inter-
national efforts to obtain North Korea’s full, unconditional
compliance with the Nuclear Non-Proliferation Treaty.
(6) The President has initiated an intensive high-level dia-
logue with the Chinese government which began last year
with a meeting between the Secretary of State and the Chinese
Foreign Minister, including a meeting in Seattle between the
President and the President of China, meetings in Beijing with
the Secretary of the Treasury, the Assistant Secretary for
Human Rights and others, a recent meeting in Paris between
the Secretary of State and the Chinese Foreign Minister, and
recent meetings in Washington with several Under Secretaries
and their Chinese counterparts.
(7) The President’s efforts have led to some recent progress
on some issues of concern to the United States.
(8) Notwithstanding this, substantially more progress is
needed to meet the standards in the President’s Executive
Order.
(9) The Chinese government’s overall human rights record
in 1993 fell far short of internationally accepted norms as
it continued to repress critics and failed to control abuses
by its own security forces.
(b) SENSE
OF SENATE.—It is the sense of the Senate that
the President of the United States should use all appropriate
opportunities, in particular more high-level exchanges with the
Chinese government, to press for further concrete progress toward
meeting the standards for continuation of MFN status as contained
in the Executive Order.
SEC. 514. IMPLEMENTATION OF PARTNERSHIP FOR PEACE.
(a) REPORT
TO
CONGRESS.—The President shall submit
annually, beginning 90 days after the date of enactment of this
Act, a detailed report to the Committee on Foreign Relations of
H. R. 2333—87
the Senate and the Committee on Foreign Affairs of the House
of Representatives on the implementation of the ‘‘Partnership for
Peace’’ initiative, including an assessment of the progress made
by former members of the Warsaw Treaty Organization in meeting
the criteria for full membership articulated in Article 10 of the
North Atlantic Treaty, wherein any other European state may,
by unanimous agreement, be invited to accede to the North Atlantic
Treaty if it is in a position to further the principles of the Treaty
and to contribute to the security of the North Atlantic area.
(b) AUTHORITY OF THE PRESIDENT.—The President is authorized
to confer, pursuant to agreement with any country eligible to partici-
pate in the Partnership for Peace, rights in respect of the military
and related civilian personnel (including dependents of any such
personnel) and activities of that country in the United States com-
parable to the rights conferred by that country in respect of the
military and related civilian personnel (including dependents of
any such personnel) and activities of the United States in that
country.
SEC. 515. POLICY TOWARD THAILAND, CAMBODIA, LAOS, AND BURMA.
It is the sense of the Congress that—
(1) the creation of a new Cambodian government through
United Nations sponsored elections offers a unique opportunity
for the revival of the Cambodian nation, an opportunity which
the United States should help realize;
(2) the President should enunciate a clear policy toward
Burma and, in so doing, be guided by the approach in Senate
Resolution 112;
(3) the government and people of Thailand are to be com-
mended for Thailand’s return to civilian, democratic rule, and
for its contribution to the implementation of the Paris Peace
Accords on Cambodia;
(4) the President of the United States should convey to
Thailand United States concern over the continued support
for the Khmer Rouge by elements of the Thai military and
to urge the Thai Government to intensify its efforts to terminate
that support, in accordance with the Paris Peace Accords;
(5) the Government of Thailand should continue to allow
the democratic leaders of Burma to operate freely within Thai-
land and to grant them free passage to allow them to present
their case at the United Nations and other international gather-
ings;
(6) the President of the United States should urge the
Government of Thailand to prosecute, with the full force of
law, those responsible for the trafficking, forced labor, and
physical and sexual abuse of women and children in Thailand,
and to protect the civil and human rights of Burmese women
in Thailand and prevent their further victimization; and
(7) the United States should work with the United Nations
High Commissioner for Refugees, the Government of Thailand,
and other relevant parties to ensure that the rights of asylum
seekers in Thailand, and in particular the Hmong people from
Laos, are fully respected and that force is not used in any
repatriations.
SEC. 516. PEACE PROCESS IN NORTHERN IRELAND.
It is the sense of the Congress that the United States should—
H. R. 2333—88
(1) strongly encourage all parties to the conflict in the
North of Ireland to renounce violence and to participate in
the current search for peace in the region; and
(2) assist in furthering the peace process where appropriate.
SEC. 517. SENSE OF THE SENATE ON THE ESTABLISHMENT OF AN
INTERNATIONAL CRIMINAL COURT.
(a) SENATE FINDINGS.—The Senate makes the following find-
ings:
(1) The freedom and security of the international commu-
nity rests on the sanctity of the rule of law.
(2) The international community is increasingly threatened
by unlawful acts such as war crimes, genocide, aggression,
crimes against humanity, terrorism, drug trafficking, money
laundering, and other crimes of an international character.
(3) The prosecution of individuals suspected of carrying
out such acts is often impeded by political and legal obstacles
such as amnesties, disputes over extradition, differences in
the structure and capabilities of national courts, and the lack
of uniform guidelines under which to try such individuals.
(4) The war crimes trials held in the aftermath of World
War II at Nuremberg, Germany, and Tokyo, Japan, dem-
onstrated that fair and effective prosecution of war criminals
could be carried out in an international forum.
(5) Since its inception in 1945 the United Nations has
sought to build on the precedent established at the Nuremberg
and Tokyo trials by establishing a permanent international
criminal court with jurisdiction over crimes of an international
character.
(6) United Nations General Assembly Resolution 44/39,
adopted on December 4, 1989, called on the International Law
Commission to study the feasibility of an international criminal
court.
(7) In the years after passage of that resolution the Inter-
national Law Commission has taken a number of steps to
advance the debate over such a court, including—
(A) the provisional adoption of a draft Code of Crimes
Against the Peace and Security of Mankind;
(B) the creation of a Working Group on an Inter-
national Criminal Jurisdiction and the formulation by that
Working Group of several concrete proposals for the
establishment and operation of an international criminal
court; and
(C) the determination that an international criminal
court along the lines of that suggested by the Working
Group is feasible and that the logical next step would
be to proceed with the formal drafting of a statute for
such a court.
(8) United Nations General Assembly Resolution 47/33,
adopted on November 25, 1992, called on the International
Law Commission to begin the process of drafting a statute
for an international criminal court at its next session.
(9) Given the developments of recent years, the time is
propitious for the United States to lend its support to this
effort.
(b) SENSE OF THE SENATE.—It is the sense of the Senate that—
H. R. 2333—89
(1) the establishment of an international criminal court
with jurisdiction over crimes of an international character
would greatly strengthen the international rule of law;
(2) such a court would thereby serve the interests of the
United States and the world community; and
(3) the United States delegation should make every effort
to advance this proposal at the United Nations.
(c) REQUIRED REPORT.—Not later than 14 days after the date
of enactment of this Act the President shall submit to the Commit-
tee on Foreign Relations of the Senate a detailed report on develop-
ments relating to, and United States efforts in support of, the
establishment of an international criminal court with jurisdiction
over crimes of an international character.
SEC. 518. INTERNATIONAL CRIMINAL COURT PARTICIPATION.
The United States Senate will not consent to the ratification
of a treaty providing for United States participation in an inter-
national criminal court with jurisdiction over crimes of an inter-
national nature which permits representatives of any terrorist
organization, including but not limited to the Palestine Liberation
Organization, or citizens, nationals or residents of any country
listed by the Secretary of State under section 6(j) of the Export
Administration Act of 1979 as having repeatedly provided support
for acts of international terrorism, to sit in judgement on American
citizens.
SEC. 519. PROTECTION OF FIRST AND FOURTH AMENDMENT RIGHTS.
The United States Senate will not consent to the ratification
of any Treaty providing for United States participation in an inter-
national criminal court with jurisdiction over crimes of an inter-
national character unless American citizens are guaranteed, in
the terms establishing such a court, and in the court’s operation,
that the court will take no action infringing upon or diminishing
their rights under the First and Fourth Amendments of the Con-
stitution of the United States, as interpreted by the United States.
SEC. 520. POLICY 
ON 
TERMINATION 
OF 
UNITED 
STATES 
ARMS
EMBARGO.
(a) FINDINGS.—The Congress makes the following findings:
(1) On July 10, 1991, the United States adopted a policy
suspending all licenses and other approvals to export or other-
wise transfer defense articles and defense services to Yugo-
slavia.
(2) On September 25, 1991, the United Nations Security
Council adopted Resolution 713, which imposed a mandatory
international embargo on all deliveries of weapons and military
equipment to Yugoslavia.
(3) The United States considered the policy adopted July
10, 1991, to comply fully with Resolution 713 and therefore
took no additional action in response to that resolution.
(4) On January 8, 1992, the United Nations Security Coun-
cil adopted Resolution 727, which decided that the mandatory
arms embargo imposed by Resolution 713 should apply to any
independent states that might thereafter emerge on the terri-
tory of Yugoslavia.
(5) On February 29 and March 1, 1992, the people of
Bosnia and Herzegovina voted in a referendum to declare
independence from Yugoslavia.
H. R. 2333—90
(6) On April 7, 1992, the United States recognized the
Government of Bosnia and Herzegovina.
(7) On May 22, 1992, the Government of Bosnia and
Herzegovina was admitted to full membership in the United
Nations.
(8) Consistent with Resolution 727, the United States has
continued to apply the policy adopted July 10, 1991, to
independent states that have emerged on the territory of the
former Yugoslavia, including Bosnia and Herzegovina.
(9) Subsequent to the adoption of Resolution 727 and
Bosnia and Herzegovina’s independence referendum, the siege
of Sarajevo began and fighting spread to other areas of Bosnia
and Herzegovina.
(10) The Government of Serbia intervened directly in the
fighting by providing significant military, financial, and political
support and direction to Serbian-allied irregular forces in
Bosnia and Herzegovina.
(11) In statements dated May 1 and May 12, 1992, the
Conference on Security and Cooperation in Europe declared
that the Government of Serbia and the Serbian-controlled Yugo-
slav National Army were committing aggression against the
Government of Bosnia and Herzegovina and assigned to them
prime responsibility for the escalation of bloodshed and destruc-
tion.
(12) On May 30, 1992, the United Nations Security Council
adopted Resolution 757, which condemned the Government of
Serbia for its continued failure to respect the territorial integ-
rity of Bosnia and Herzegovina.
(13) Serbian-allied irregular forces have occupied approxi-
mately 70 percent of the territory of Bosnia and Herzegovina,
committed gross violations of human rights in the areas they
have occupied, and established a secessionist government
committed to eventual unification with Serbia.
(14) The military and other support and direction provided
to Serbian-allied irregular forces in Bosnia and Herzegovina
constitutes an armed attack on the Government of Bosnia and
Herzegovina by the Government of Serbia within the meaning
of Article 51 of the United Nations Charter.
(15) Under Article 51, the Government of Bosnia and
Herzegovina, as a member of the United Nations, has an inher-
ent right of individual or collective self-defense against the
armed attack from the Government of Serbia until the United
Nations Security Council has taken measures necessary to
maintain international peace and security.
(16) The measures taken by the United Nations Security
Council in response to the armed attack on Bosnia and
Herzegovina have not been adequate to maintain international
peace and security.
(17) Bosnia and Herzegovina have been unable successfully
to resist the armed attack from Serbia because it lacks the
means to counter heavy weaponry that Serbia obtained from
the Yugoslav National Army upon the dissolution of Yugoslavia,
and because the mandatory international arms embargo has
prevented Bosnia and Herzegovina from obtaining from other
countries the means to counter such heavy weaponry.
(18) On December 18, 1992, with the affirmative vote of
the United States, the United Nations General Assembly
H. R. 2333—91
adopted Resolution 47/121, which urged the United Nations
Security Council to exempt Bosnia and Herzegovina from the
mandatory arms embargo imposed by Resolution 713.
(19) In the absence of adequate measures to maintain
international peace and security, continued application to the
Government of Bosnia and Herzegovina of the mandatory inter-
national arms embargo imposed by the United Nations Security
Council prior to the armed attack on Bosnia and Herzegovina
undermines that government’s right of individual or collective
self-defense and therefore contravenes Article 51 of the United
Nations Charter.
(20) Bosnia and Herzegovina’s right of self-defense under
Article 51 of the United Nations Charter includes the right
to ask for military assistance from other countries and to receive
such assistance if offered.
(b) POLICY ON TERMINATION OF ARMS EMBARGO.—(1) It is the
sense of the Congress that the President should terminate the
United States arms embargo of the Government of Bosnia and
Herzegovina upon receipt from that government of a request for
assistance in exercising its right of self-defense under Article 51
of the United Nations Charter.
(2) As used in this subsection, the term ‘‘United States arms
embargo of the Government of Bosnia and Herzegovina’’ means
the application to the Government of Bosnia and Herzegovina of—
(A) the policy adopted July 10, 1991, and published in
the Federal Register of July 19, 1991 (58 Fed. Reg. 33322)
under the heading ‘‘Suspension of Munitions Export Licenses
to Yugoslavia’’; and
(B) any similar policy being applied by the United States
Government as of the date of receipt of the request described
in subsection (a) pursuant to which approval is routinely denied
for transfers of defense articles and defense services to the
former Yugoslavia.
(c) POLICY ON MILITARY ASSISTANCE.—The President should
provide appropriate military assistance to the Government of Bosnia
and Herzegovina upon receipt from that government of a request
for assistance in exercising its right of self-defense under Article
51 of the United Nations Charter.
SEC. 521. SENSE OF SENATE ON RELATIONS WITH VIETNAM.
It is the sense of the Senate that—
(1) the Government of the United States is committed
to seeking the fullest possible accounting of American service-
men unaccounted for during the war in Vietnam;
(2) cooperation by the Government of Vietnam on resolving
the fate of those American servicemen unaccounted for has
increased significantly over the last three years and is essential
to the resolution of outstanding POW/MIA cases;
(3) substantial and tangible progress has been made in
the POW/MIA accounting process;
(4) cooperative efforts between the United States and Viet-
nam should continue in order to resolve all outstanding ques-
tions concerning the fate of Americans missing-in-action;
(5) United States senior military commanders and United
States personnel working in the field to account for United
States POW/MIAs in Vietnam believe that lifting the United
H. R. 2333—92
States trade embargo against Vietnam will facilitate and accel-
erate the accounting efforts;
(6) therefore, in order to maintain and expand further
United States and Vietnamese efforts to obtain the fullest pos-
sible accounting, the President should lift the United States
trade embargo against Vietnam expeditiously; and
(7) moveover, as the United States and Vietnam move
toward normalization of relations, the Government of Vietnam
should demonstrate further improvements in meeting inter-
nationally recognized standards of human rights.
SEC. 522. REPORT ON SANCTIONS ON VIETNAM.
Not later than 30 days after the date of enactment of this
Act, the President shall submit a report, taking into account
information available to the United States Government, to the
Senate and the House of Representatives on achieving the fullest
possible accounting of United States personnel unaccounted for
from the Vietnam War, including—
(1) progress on recovering and repatriating American
remains from Vietnam;
(2) progress on resolution of discrepancy cases;
(3) the status of Vietnamese cooperation in implementing
trilateral investigations with Laos; and
(4) progress on accelerated efforts to obtain all POW/MIA
related documents from Vietnam.
SEC. 523. REPORT ON PEOPLE’S MUJAHEDDIN OF IRAN.
(a) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the President shall submit to the Committee
on Foreign Affairs of the House of Representatives and the Commit-
tee on Foreign Relations of the Senate a report detailing the struc-
ture, current activities, external support, and history of the People’s
Mujaheddin of Iran. Such report shall include information on any
current direct or indirect support by the People’s Mujaheddin for
acts of international terrorism.
(b) CONSULTATION.—In compiling the report required under
subsection (a), the President shall consult with the Secretary of
State, the Secretary of Defense, the Attorney General, the Secretary
of Transportation, the intelligence community, and such law
enforcement agencies as may be appropriate.
(c) CLASSIFICATION.—The President should, to the maximum
extent possible, submit the report required under subsection (a)
in an unclassified form.
SEC. 524. AMENDMENTS TO THE PLO COMMITMENTS COMPLIANCE
ACT.
The PLO Commitments Compliance Act of 1989 (title VIII
of Public Law 101–246) is amended—
(1) in section 804(b), by striking ‘‘Beginning 30 days after
the date of enactment of this Act, and every 120 days thereafter
in which the dialogue between the United States and the PLO
has not been discontinued’’, and inserting ‘‘In conjunction with
each written policy justification required under section (3)(b)(1)
of the Middle East Peace Facilitation Act of 1994 or every
180 days,’’;
(2) in section 804(b)(1), by striking ‘‘regarding the cessation
of terrorism and recognition of Israel’s right to exist’’ and insert-
ing ‘‘and each of the commitments described in section (4)(A)
H. R. 2333—93
of the Middle East Peace Facilitation Act of 1994 (Oslo commit-
ments)’’;
(3) in section 804(b)(2), by inserting ‘‘and Oslo’’ after
‘‘Geneva’’;
(4) in section 802(8), by inserting ‘‘and on September 9,
1993’’ after ‘‘1988’’;
(5) in section 802, by redesignating paragraph (8) as para-
graph (10);
(6) by striking ‘‘and’’ at the end of section 802(7); and
(7) by inserting after section 802(7) the following:
‘‘(8) the President, following an attempted terrorist attack
upon a Tel Aviv beach on May 30, 1990, suspended the United
States dialogue with the PLO;
‘‘(9) the President resumed the United States dialogue with
the PLO in response to the commitments made by the PLO
in letters to the Prime Minister of Israel and the Foreign
Minister of Norway of September 9, 1993; and’’.
SEC. 525. FREE TRADE IN IDEAS.
(a) SENSE OF CONGRESS.—It is the sense of the Congress that
the President should not restrict travel or exchanges for informa-
tional, educational, religious, cultural, or humanitarian purposes
or for public performances or exhibitions, between the United States
and any other country.
(b) AMENDMENTS TO TRADING WITH THE ENEMY ACT.—(1) Sec-
tion 5(b)(4) of the Trading With the Enemy Act (50 U.S.C. App.
5(b)(4)) is amended to read as follows:
‘‘(4) The authority granted to the President by this section
does not include the authority to regulate or prohibit, directly
or indirectly, the importation from any country, or the expor-
tation to any country, whether commercial or otherwise, regard-
less of format or medium of transmission, of any information
or informational materials, including but not limited to, publica-
tions, films, posters, phonograph records, photographs, micro-
films, microfiche, tapes, compact disks, CD ROMs, artworks,
and news wire feeds. The exports exempted from regulation
or prohibition by this paragraph do not include those which
are otherwise controlled for export under section 5 of the Export
Administration Act of 1979, or under section 6 of that Act
to the extent that such controls promote the nonproliferation
or antiterrorism policies of the United States, or with respect
to which acts are prohibited by chapter 37 of title 18, United
States Code.’’.
(2) The authorities conferred upon the President by section
5(b) of the Trading With the Enemy Act, which were being exercised
with respect to a country on July 1, 1977, as a result of a national
emergency declared by the President before such date, and are
being exercised on the date of the enactment of this Act, do not
include the authority to regulate or prohibit, directly or indirectly,
any activity which, under section 5(b)(4) of the Trading With the
Enemy Act, as amended by paragraph (1) of this subsection, may
not be regulated or prohibited.
(c) AMENDMENTS
TO INTERNATIONAL EMERGENCY ECONOMIC
POWERS ACT.—
(1) Section 203(b) of the International Emergency Economic
Powers Act (50 U.S.C. 1702(b)) is amended by striking para-
graph (3) and inserting the following new paragraphs:
H. R. 2333—94
‘‘(3) the importation from any country, or the exportation
to any country, whether commercial or otherwise, regardless
of format or medium of transmission, of any information or
informational materials, including but not limited to, publica-
tions, films, posters, phonograph records, photographs, micro-
films, microfiche, tapes, compact disks, CD ROMs, artworks,
and news wire feeds. The exports exempted from regulation
or prohibition by this paragraph do not include those which
are otherwise controlled for export under section 5 of the Export
Administration Act of 1979, or under section 6 of such Act
to the extent that such controls promote the nonproliferation
or antiterrorism policies of the United States, or with respect
to which acts are prohibited by chapter 37 of title 18, United
States Code; or
‘‘(4) any transactions ordinarily incident to travel to or
from any country, including importation of accompanied bag-
gage for personal use, maintenance within any country includ-
ing payment of living expenses and acquisition of goods or
services for personal use, and arrangement or facilitation of
such travel including nonscheduled air, sea, or land voyages.’’.
(2) The amendments made by paragraph (1) to section
203(b)(3) of the International Emergency Economic Powers Act
apply to actions taken by the President under section 203
of such Act before the date of enactment of this Act which
are in effect on such date and to actions taken under such
section on or after such date.
(3) Section 203(b)(4) of the International Emergency Eco-
nomic Powers Act (as added by paragraph (1)) shall not apply
to restrictions on the transactions and activities described in
section 203(b)(4) in force on the date of enactment of this
Act, with respect to countries embargoed under the Inter-
national Emergency Economic Powers Act on the date of enact-
ment of this Act.
SEC. 526. EMBARGO AGAINST CUBA.
It is the sense of the Congress that the President should advo-
cate and seek a mandatory international United Nations Security
Council embargo against the dictatorship of Cuba.
SEC. 527. EXPROPRIATION OF UNITED STATES PROPERTY.
(a) PROHIBITION.—None of the funds made available to carry
out this Act, the Foreign Assistance Act of 1961, or the Arms
Export Control Act may be provided to a government or any agency
or instrumentality thereof, if the government of such country (other
than a country described if subsection (d))—
(1) has on or after January 1, 1956—
(A) nationalized or expropriated the property of any
United States person,
(B) repudiated or nullified any contract with any
United States person, or
(C) taken any other action (such as the imposition
of discriminatory taxes or other exactions) which has the
effect of seizing ownership or control of the property of
any United States person, and
(2) has not, within the period specified in subsection (c),
either—
(A) returned the property,
H. R. 2333—95
(B) provided adequate and effective compensation for
such property in convertible foreign exchange or other
mutually acceptable compensation equivalent to the full
value thereof, as required by international law,
(C) offered a domestic procedure providing prompt,
adequate and effective compensation in accordance with
international law, or
(D) submitted the dispute to arbitration under the
rules of the Convention for the Settlement of Investment
Disputes or other mutually agreeable binding international
arbitration procedure.
(b) OTHER ACTIONS.—The President shall instruct the United
States Executive Directors of each multilateral development bank
and international financial institution to vote against any loan
or other utilization of the funds of such bank or institution for
the benefit of any country to which assistance is prohibited under
subsection (a), unless such assistance is directed specifically to
programs which serve the basic human needs of the citizens of
that country.
(c) PERIOD FOR SETTLEMENT OF CLAIMS.—The period of time
described in subsection (a)(2) is the latest of the following—
(1) 3 years after the date on which a claim was filed,
(2) in the case of a country that has a totalitarian or
authoritarian government at the time of the action described
in subsection (a)(1), 3 years after the date of installation of
a democratically elected government, or
(3) 90 days after the date of enactment of this Act.
(d) EXCEPTED COUNTRIES AND TERRITORIES.—This section shall
not apply to any country established by international mandate
through the United Nations or to any territory recognized by the
United States Government to be in dispute.
(e) RESUMPTION OF ASSISTANCE.—A prohibition or termination
of assistance under subsection (a) and an instruction to vote against
loans under subsection (b) shall cease to be effective when the
President certifies in writing to the Speaker of the House of Rep-
resentatives and to the Committee on Foreign Relations of the
Senate that such government has taken one of the steps described
in subsection (a)(2).
(f) REPORTING REQUIREMENT.—Not later than 90 days after
the date of enactment of this Act and at the beginning of each
fiscal year thereafter, the Secretary of State shall transmit to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate, a report containing the following:
(1) A list of every country in which the United States
Government is aware that a United States person has an
outstanding expropriation claim.
(2) The total number of such outstanding expropriation
claims made by United States persons against each such coun-
try.
(3) The period of time in which each such claim has been
outstanding.
(4) The status of each case and efforts made by the United
States Government and the government of the country in which
such claim has been made, to take one or more of the steps
described in subsection (a)(2).
(5) Each project a United States Executive Director voted
against as a result of the action described in subsection (b).
H. R. 2333—96
(g) WAIVER.—The President may waive the prohibitions in sub-
sections (a) and (b) for a country, on an annual basis, if the Presi-
dent determines and so notifies Congress that it is in the national
interest to do so.
(h) DEFINITIONS.—For the purpose of this section, the term
‘‘United States person’’ means a United States citizen or corporation,
partnership, or association at least 50 percent beneficially owned
by United States citizens.
SEC. 528. REPORT ON RUSSIAN MILITARY OPERATIONS IN THE
INDEPENDENT STATES OF THE FORMER SOVIET UNION.
(a) IN GENERAL.—Not later than 5 months after the date of
enactment of this Act, the President shall submit to Congress
a report on the operations and activities of the armed forces of
the Russian Federation, including elements purportedly operating
outside the chain of command of the armed forces of the Russian
Federation, outside the borders of the Russian Federation and,
specifically, in the other independent states that were a part of
the former Soviet Union and in the Baltic States.
(b) CONTENT OF REPORT.—The report required by subsection
(a) shall include, but not be limited to—
(1) an assessment of the numbers and types of Russian
armed forces deployed in each of the other independent states
of the former Soviet Union and in the Baltic States and a
summary of their operations and activities since the demise
of the Soviet Union in December 1991;
(2) a detailed assessment of the involvement of Russian
armed forces in conflicts in or involving Armenia, Azerbaijan,
Georgia, Moldova, and Tajikistan, including support provided
directly or indirectly to one or more parties to these conflicts;
(3) an assessment of the political and military objectives
of the operations and activities discussed in paragraphs (1)
and (2) and of the strategic objectives of the Russian Federation
in its relations with the other independent states of the former
Soviet Union and the Baltic States;
(4) an assessment of other significant actions, including
political and economic, taken by the Russian Federation to
influence the other independent states of the former Soviet
Union and the Baltic States in pursuit of its strategic objectives;
and
(5) an analysis of the new Russian military doctrine
adopted by President Yeltsin on November 2, 1993, with
particular regard to its implications for Russian policy toward
the other independent states of the former Soviet Union and
the Baltic States.
(c) DEFINITIONS.—For the purposes of this section—
(1) ‘‘the other independent states of the former Soviet
Union’’ 
means 
Armenia, 
Azerbaijan, 
Belarus, 
Georgia,
Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan,
Ukraine, and Uzbekistan; and
(2) ‘‘the Baltic States’’ means Latvia, Lithuania, and Esto-
nia.
SEC. 529. UNITED STATES POLICY ON NORTH KOREA.
It is the sense of the Congress that:
(1) It is in the United States national security interest
to curtail the proliferation of weapons of mass destruction,
particularly nuclear weapons.
H. R. 2333—97
(2) The North Korea nuclear weapons program is one of
the most pressing national security challenges the United
States currently faces.
(3) North Korea’s development of other weapons of mass
destruction and of ballistic missiles further threatens United
States national security interests and regional security.
(4) United States policy should ensure that North Korea
does not possess a nuclear bomb or the capability to build
one.
(5) United States forces in Korea must remain vigilant
and maintain a robust defense posture.
(6) While diplomacy is the preferable method of dealing
with the North Korean nuclear challenge, all options, including
the appropriate use of force, remain available.
(7) In fashioning an appropriate policy for dealing with
the challenge presented by North Korea’s nuclear program,
the Administration should consult closely with United States
treaty allies, particularly Japan and the Republic of Korea,
as well as with China, Russia, and other members of the
United Nations Security Council.
(8) United States policy should support the efforts of the
International Atomic Energy Agency (IAEA), as the inter-
national community’s designated body for verifying compliance
with the Nuclear Nonproliferation Treaty, to perform inspec-
tions of North Korea’s nuclear program.
(9) The United States should encourage strong and expedi-
tious action by the United Nations Security Council inasmuch
as North Korea has proved unwilling to comply fully with
the following:
(A) North Korea’s December 1991 denuclearization
agreement with South Korea pledging not to possess, manu-
facture, or use nuclear weapons, not to possess plutonium
reprocessing facilities, and to negotiate the establishment
of a nuclear inspection system.
(B) The nuclear safeguards agreement North Korea
signed with the IAEA on January 30, 1992.
(C) The agreement on IAEA inspections North Korea
accepted on February 15, 1994.
(10) Unless North Korea unequivocally adheres to the
Nuclear Nonproliferation Treaty and abides by all provisions
of that treaty, the President should seek international consen-
sus to isolate North Korea, including the imposition of sanc-
tions, in an effort to persuade Pyongyang to halt its nuclear
weapons program and permit IAEA inspections of all its nuclear
facilities.
(11) Recognizing that within the international community
China has significant influence over Pyongyang, the nature
and extent of Chinese cooperation with the rest of the inter-
national community on the North Korean nuclear issue, includ-
ing Chinese support for international sanctions should such
sanctions be proposed and/or adopted, will inevitably be a
significant factor in United States-China relations.
(12) If unable to achieve an international consensus to
isolate North Korea, the President should employ all unilateral
means of leverage over North Korea, including, but not limited
to, the prohibition of any transaction involving the commercial
sale of any good or technology to North Korea.
H. R. 2333—98
(13) The President should consult with United States allies
in the region regarding the military posture of North Korea
and the ability of the United States and its allies to deter
a North Korean attack, or to defeat such an attack should
it occur.
(14) Toward these ends, the United States and South Korea
should take all steps necessary to ensure that United States
and South Korean forces stationed on the Korean peninsula
can defend themselves, including the holding of Team Spirit
or other joint military exercises, the deployment of Patriot
missiles to South Korea, and other appropriate measures.
(15) The problem posed by North Korea’s nuclear program
is not a bilateral problem between the United States and North
Korea, but a problem in which virtually the entire global
community is united against North Korea.
(16) The international community must insist upon full
compliance by North Korea with all its nonproliferation commit-
ments including acceptance of regular and ad hoc inspections
of its declared nuclear facilities on a continuing basis, as well
as special inspections of all suspected nuclear sites as the
IAEA deems appropriate.
(17) International concerns about North Korea’s nuclear
intentions and capabilities will not be adequately addressed
until North Korea cooperates fully with the IAEA, all North
Korea nuclear facilities and materials are placed under
fullscope safeguards, and North Korea adheres unequivocally
to the Nuclear Nonproliferation Treaty as well as to its 1991
denuclearization agreement with South Korea.
(18) The Administration should work to encourage a
productive dialogue between North and South Korea that ade-
quately addresses all security concerns on the Korean penin-
sula.
SEC. 530. ENFORCEMENT OF NONPROLIFERATION TREATIES.
(a) POLICY.—It is the sense of the Congress that the President
should instruct the United States Permanent Representative to
the United Nations to enhance the role of that institution in the
enforcement of nonproliferation treaties through the passage of
a United Nations Security Council resolution which would state
that, any non-nuclear weapon state that is found by the United
Nations Security Council, in consultation with the International
Atomic Energy Agency (IAEA), to have terminated, abrogated, or
materially violated an IAEA full-scope safeguards agreement would
be subjected to international economic sanctions, the scope of which
to be determined by the United Nations Security Council.
(b) PROHIBITION.—Notwithstanding any other provision of law,
no United States assistance under the Foreign Assistance Act of
1961 shall be provided to any non-nuclear weapon state that is
found by the President to have terminated, abrogated, or materially
violated an IAEA full-scope safeguard agreement or materially vio-
lated a bilateral United States nuclear cooperation agreement
entered into after the date of enactment of the Nuclear Non-Pro-
liferation Act of 1978.
(c) WAIVER.—The President may waive the application of sub-
section (b) if—
(1) the President determines that the termination of such
assistance would be seriously prejudicial to the achievement
H. R. 2333—99
of United States nonproliferation objectives or otherwise jeop-
ardize the common defense and security; and
(2) the President reports such determination to the Con-
gress at least 15 days in advance of any resumption of assist-
ance to that state.
SEC. 531. TAIWAN.
In view of the self-defense needs of Taiwan, the Congress
makes the following declarations:
(1) Sections 2 and 3 of the Taiwan Relations Act are
reaffirmed.
(2) Section 3 of the Taiwan Relations Act take primacy
over statements of United States policy, including commu-
niques, regulations, directives, and policies based thereon.
(3) In assessing the extent to which the People’s Republic
of China is pursuing its ‘‘fundamental policy’’ to strive peace-
fully to resolve the Taiwan issue, the United States should
take into account both the capabilities and intentions of the
People’s Republic of China.
(4) The President should on a regular basis assess changes
in the capabilities and intentions of the People’s Republic of
China and consider whether it is appropriate to adjust arms
sales to Taiwan accordingly.
SEC. 532. WAIVER OF SANCTIONS WITH RESPECT TO THE FEDERAL
REPUBLIC OF YUGOSLAVIA TO PROMOTE DEMOCRACY
ABROAD.
(a) AUTHORITY.—Notwithstanding any other provision of law,
the President is authorized and encouraged to exempt from sanc-
tions imposed against the Federal Republic of Yugoslavia those
United States-supported programs, projects, or activities involving
reform of the electoral process, or the development of democratic
institutions or democratic political parties.
(b) POLICY.—The President, acting through the United States
Permanent Representative to the United Nations, should propose
that any action, past or future, by the Security Council pursuant
to Article 41 of the United Nations Charter, with respect to the
Federal Republic of Yugoslavia, should take account of the exemp-
tion described in subsection (a).
SEC. 533. FREEDOM OF INFORMATION EXEMPTION FOR CERTAIN
OPEN SKIES TREATY DATA.
(a) IN GENERAL.—Data with respect to a foreign country col-
lected by sensors during observation flights conducted in connection
with the Treaty on Open Skies, including flights conducted prior
to entry into force of the treaty, shall be exempt from disclosure
under the Freedom of Information Act—
(1) if the country has not disclosed the data to the public;
and
(2) if the country has not, acting through the Open Skies
Consultative Commission or any other diplomatic channel,
authorized the United States to disclose the data to the public.
(b) STATUTORY CONSTRUCTION.—This section constitutes a spe-
cific exemption within the meaning of section 552(b)(3) of title
5, United States Code.
(c) DEFINITIONS.—For the purposes of this section—
(1) the term ‘‘Freedom of Information Act’’ means the provi-
sions of section 552 of title 5, United States Code;
H. R. 2333—100
(2) the term ‘‘Open Skies Consultative Commission’’ means
the commission established pursuant to Article X of the Treaty
on Open Skies; and
(3) the term ‘‘Treaty on Open Skies’’ means the Treaty
on Open Skies, signed at Helsinki on March 24, 1992.
SEC. 534. STUDY OF DEMOCRACY EFFECTIVENESS.
(a) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the President shall submit a report to the Commit-
tee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives on a streamlined,
cost-effective organization of United States democracy assistance.
The report shall include a review of all activities funded by the
United States Government, including those funded through the
National Endowment for Democracy, the United States Information
Agency, and the Agency for International Development.
(b) CONTENT OF REPORT.—The report shall include the follow-
ing:
(1) A review of all United States-sponsored programs to
promote democracy, including identification and discussion of
those programs that are overlapping.
(2) A clear statement of achievable goals and objectives
for all United States-sponsored democracy programs, and an
evaluation of the manner in which current democracy activities
meet these goals and objectives.
(3) A review of the current United States Government
organization for the delivery of democracy assistance and rec-
ommended changes to reduce costs and streamline overhead
involved in the delivery of democracy assistance.
(4) Recommendations for coordinating programs, policies,
and priorities to enhance the United States Government’s role
in democracy promotion.
(5) A review of all agencies involved in delivering United
States Government funds in the form of democracy assistance
and a recommended focal point or lead agency within the United
States Government for policy oversight of the effort.
(6) A review of the feasibility and desirability of mandating
non-United States Government funding, including matching
funds and in-kind support, for democracy promotion programs.
If it is determined that such non-Government funding is feasible
and desirable, recommendations should be made regarding
goals and procedures for implementation.
SEC. 535. SENSE OF CONGRESS CONCERNING UNITED STATES CITI-
ZENS VICTIMIZED BY GERMANY DURING WORLD WAR II.
It is the sense of the Congress that United States citizens
who were victims of war crimes and crimes against humanity
committed by the Government of Germany during the period 1939
to 1945 should be compensated by the Government of Germany.
SEC. 536. REPORTING REQUIREMENTS ON OCCUPIED TIBET.
(a) REPORT
ON UNITED STATES-TIBET RELATIONS.—Because
Congress has determined that Tibet is an occupied sovereign coun-
try under international law and that its true representatives are
the Dalai Lama and the Tibetan Government in exile—
(1) it is the sense of the Congress that the United States
should seek to establish a dialogue with those recognized by
Congress as the true representatives of the Tibetan people,
H. R. 2333—101
the Dalai Lama, his representatives and the Tibetan Govern-
ment in exile, concerning the situation in Tibet and the future
of the Tibetan people and to expand and strengthen United
States-Tibet cultural and educational relations, including
promoting bilateral exchanges arranged directly with the
Tibetan Government in exile; and
(2) not later than 6 months after the date of enactment
of this Act, and every 12 months thereafter, the Secretary
of State shall transmit to the Chairman of the Committee
on Foreign Relations and the Speaker of the House of Rep-
resentatives a report on the state of relations between the
United States and those recognized by Congress as the true
representatives of the Tibetan people, the Dalai Lama, his
representatives and the Tibetan Government in exile, and on
conditions in Tibet.
(b) SEPARATE TIBET REPORTS.—
(1) It is the sense of the Congress that whenever a report
is transmitted to the Congress on a country-by-country basis
there should be included in such report, where applicable, a
separate report on Tibet listed alphabetically with its own
state heading.
(2) The reports referred to in paragraph (1) include, but
are not limited to, reports transmitted under sections 116(d)
and 502B(b) of the Foreign Assistance Act of 1961 (relating
to human rights).
PART B—SPOILS OF WAR ACT
SEC. 551. SHORT TITLE.
This part may be cited as the ‘‘Spoils of War Act of 1994’’.
SEC. 552. TRANSFERS OF SPOILS OF WAR.
(a) ELIGIBILITY FOR TRANSFER.—Spoils of war in the possession,
custody, or control of the United States may be transferred to
any other party, including any government, group, or person, by
sale, grant, loan or in any other manner, only to the extent and
in the same manner that property of the same type, if otherwise
owned by the United States, may be so transferred.
(b) TERMS AND CONDITIONS.—Any transfer pursuant to sub-
section (a) shall be subject to all of the terms, conditions, and
requirements applicable to the transfer of property of the same
type otherwise owned by the United States.
SEC. 553. PROHIBITION ON TRANSFERS TO COUNTRIES WHICH SUP-
PORT TERRORISM.
Spoils of war in the possession, custody, or control of the
United States may not be transferred to any country determined
by the Secretary of State, for purposes of section 40 of the Arms
Export Control Act, to be a nation whose government has repeatedly
provided support for acts of international terrorism.
SEC. 554. REPORT ON PREVIOUS TRANSFERS.
Not later than 90 days after the date of enactment of this
Act, the President shall submit to the appropriate congressional
committees a report describing any spoils of war obtained subse-
quent to August 2, 1990 that were transferred to any party, includ-
ing any government, group, or person, before the date of enactment
H. R. 2333—102
of this Act. Such report shall be submitted in unclassified form
to the extent possible.
SEC. 555. DEFINITIONS.
As used in this part—
(1) the term ‘‘appropriate congressional committees’’ means
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives,
or, where required by law for certain reporting purposes, the
Select Committee on Intelligence of the Senate and the Select
Committee on Intelligence of the House of Representatives;
(2) the term ‘‘enemy’’ means any country, government,
group, or person that has been engaged in hostilities, whether
or not lawfully authorized, with the United States;
(3) the term ‘‘person’’ means—
(A) any natural person;
(B) any corporation, partnership, or other legal entity;
and
(C) any organization, association, or group; and
(4) the term ‘‘spoils of war’’ means enemy movable property
lawfully captured, seized, confiscated, or found which has
become United States property in accordance with the laws
of war.
SEC. 556. CONSTRUCTION.
Nothing in this part shall apply to—
(1) the abandonment or failure to take possession of spoils
of war by troops in the field for valid military reasons related
to the conduct of the immediate conflict, including the burden
of transporting such property or a decision to allow allied
forces to take immediate possession of certain property solely
for use during an ongoing conflict;
(2) the abandonment or return of any property obtained,
borrowed, or requisitioned for temporary use during military
operations without intent to retain possession of such property;
(3) the destruction of spoils of war by troops in the field;
(4) the return of spoils of war to previous owners from
whom such property had been seized by enemy forces; or
(5) minor articles of personal property which have lawfully
become the property of individual members of the armed forces
as war trophies pursuant to public written authorization from
the Department of Defense.
PART C—ANTI-ECONOMIC DISCRIMINATION
ACT
SEC. 561. SHORT TITLE.
This part may be cited as the ‘‘Anti-Economic Discrimination
Act of 1994’’.
SEC. 562. ISRAEL’S DIPLOMATIC STATUS.
It is the sense of the Congress that the Secretary of State
should make the issue of Israel’s diplomatic status a priority and
urge countries that receive United States assistance to immediately
establish full diplomatic relations with the state of Israel.
H. R. 2333—103
SEC. 563. POLICY ON MIDDLE EAST ARMS SALES.
(a) BOYCOTT OF ISRAEL.—Section 322 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102–
138) is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end; and
(2) in paragraph (3)—
(A) by striking ‘‘and’’ at the end of subparagraph (A);
(B) by striking the period at the end of subparagraph
(B) and inserting ‘‘; and’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(C) does not participate in the Arab League primary
or secondary boycott of Israel.’’.
(b) REPORT TO CONGRESS.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of State shall
submit to the Speaker of the House of Representatives and the
Chairman of the Committee on Foreign Relations of the Senate
a report concerning steps taken to ensure that the goals of section
322 of the Foreign Relations Authorization Act, Fiscal Years 1992
and 1993 are being met.
SEC. 564. PROHIBITION ON CERTAIN SALES AND LEASES.
(a) PROHIBITION.—No defense article or defense service may
be sold or leased by the United States Government to any country
or international organization that, as a matter of policy or practice,
is known to have sent letters to United States firms requesting
compliance with, or soliciting information regarding compliance
with, the Arab League primary or secondary boycott of Israel,
unless the President determines, and so certifies to the appropriate
congressional committees, that that country or organization does
not currently maintain a policy or practice of making such requests
or solicitations.
(b) WAIVER.—
(1) 1-YEAR WAIVER.—On or after the effective date of this
section, the President may waive, for a period of 1 year, the
application of subsection (a) with respect to any country or
organization if the President determines, and reports to the
appropriate congressional committees, that—
(A) such waiver is in the national interest of the United
States, and such waiver will promote the objectives of
this section to eliminate the Arab boycott; or
(B) such waiver is in the national security interest
of the United States.
(2) EXTENSION OF WAIVER.—If the President determines
that the further extension of a waiver will promote the objec-
tives of this section, the President, upon notification of the
appropriate congressional committees, may grant further exten-
sions of such waiver for successive 12-month periods.
(3) TERMINATION OF WAIVER.—The President may, at any
time, terminate any waiver granted under this subsection.
(c) DEFINITIONS.—As used in this section—
(1) the term ‘‘appropriate congressional committees’’ means
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives;
and
H. R. 2333—104
(2) the terms ‘‘defense article’’ and ‘‘defense service’’ have
the meanings given to such terms by paragraphs (3) and (4),
respectively, of section 47 of the Arms Export Control Act.
(d) EFFECTIVE DATE.—This section shall take effect 1 year
after the date of enactment of this Act.
SEC. 565. PROHIBITION ON DISCRIMINATORY CONTRACTS.
(a) PROHIBITION.—
(1) Except for real estate leases and as provided in sub-
section (b), the Department of State may not enter into any
contract that expends funds appropriated to the Department
of State for an amount in excess of the small purchase threshold
(as defined in section 4(11) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(11))—
(A) with a foreign person that complies with the Arab
League boycott of Israel, or
(B) with any foreign or United States person that
discriminates in the award of subcontracts on the basis
of religion.
(2) For purposes of this section—
(A) a foreign person complies with the boycott of Israel
by Arab League countries when that foreign person takes
or knowingly agrees to take any action, with respect to
the boycott of Israel by Arab League countries, which sec-
tion 8(a) of the Export Administration Act of 1979 (50
U.S.C. App. 2407(a)) prohibits a United States person from
taking, except that for purposes of this paragraph, the
term ‘‘United States person’’ as used in subparagraphs
(B) and (C) of section 8(a)(1) of such Act shall be deemed
to mean ‘‘person’’; and
(B) the term ‘‘foreign person’’ means any person other
than a United States person as defined in section 16(2)
of the Export Administration Act of 1979 (50 U.S.C. App.
2415).
(3) For purposes of paragraph (1), a foreign person shall
be deemed not to comply with the boycott of Israel by Arab
League countries if that person, or the Secretary of State or
his designee on the basis of available information, certifies
that the person violates or otherwise does not comply with
the boycott of Israel by Arab League countries by taking any
actions prohibited by section 8(a) of the Export Administration
Act of 1979 (50 U.S.C. App. 2407(a)). Certification by the Sec-
retary of State or his designee may occur only 30 days after
notice has been given to the Congress that this certification
procedure will be utilized at a specific overseas mission.
(b) WAIVER BY SECRETARY OF STATE.—The Secretary of State
may waive the requirements of this section on a country-by-country
basis for a period not to exceed one year upon certification to
the Congress by the Secretary that such waiver is in the national
interest and is necessary to carry on diplomatic functions of the
United States. Each such certification shall include a detailed jus-
tification for the waiver with respect to each such country.
(c) RESPONSES TO CONTRACT SOLICITATIONS.—(1) Except as pro-
vided in paragraph (2) of this subsection, the Secretary of State
shall ensure that any response to a solicitation for a bid or a
request for a proposal, with respect to a contract covered by sub-
H. R. 2333—105
section (a), includes the following clause, in substantially the follow-
ing form:
‘‘ARAB LEAGUE BOYCOTT OF ISRAEL
‘‘(a) DEFINITIONS.—As used in this clause—
‘‘(1) the term ‘foreign person’ means any person other than
a United States person as defined in paragraph (2); and
‘‘(2) the term ‘United States person’ means any United
States resident or national (other than an individual resident
outside the United States and employed by other than a United
States person), any domestic concern (including any permanent
domestic establishment of any foreign concern), and any foreign
subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled
in fact by such domestic concern, as determined under regula-
tions of the President.
‘‘(b) CERTIFICATION.—By submitting this offer, the Offeror cer-
tifies that it is not—
‘‘(1) taking or knowingly agreeing to take any action, with
respect to the boycott of Israel by Arab League countries, which
section 8(a) of the Export Administration Act of 1979 (50 U.S.C.
App. 2407(a)) prohibits a United States person from taking;
or
‘‘(2) discriminating in the award of subcontracts on the
basis of religion.’’.
(2) An Offeror would not be required to include the certification
required by paragraph (1), if the Offeror is deemed not to comply
with the Arab League boycott of Israel by the Secretary of State
or a designee on the basis of available information. Certification
by the Secretary of State or a designee may occur only 30 days
after notice has been given to the Congress that this certification
procedure will be utilized at a specific overseas mission.
(3) The Secretary of State shall ensure that all State Depart-
ment contract solicitations include a detailed explanation of the
requirements of section 8(a) of the Export Administration Act of
1979 (50 U.S.C. App. 2407(a)).
(d) REVIEW AND TERMINATION.—(1) The Department of State
shall conduct reviews of the certifications submitted pursuant to
this section for the purpose of assessing the accuracy of the certifi-
cations.
(2) Upon complaint of any foreign or United States person
of a violation of the certification as required by this section, filed
with the Secretary of State, the Department of State shall inves-
tigate such complaint, and if such complaint is found to be correct
and a violation of the certification has been found, all contracts
with such violator shall be terminated for default as soon as prac-
ticable, and, for a period of two years thereafter, the State Depart-
ment shall not enter into any contracts with such a violator.
(e) UNITED STATES INFORMATION AGENCY.—The provisions of
this section shall apply to the United States Information Agency
in the same manner and extent to which such provisions apply
to the Department of State. In the application of this section to
the United States Information Agency, the Director of the United
States Information Agency or a designee shall have the authorities
and responsibilities of the Secretary of State.
H. R. 2333—106
PART D—THE CAMBODIAN GENOCIDE JUSTICE
ACT
SEC. 571. SHORT TITLE.
This part may be cited as the ‘‘Cambodian Genocide Justice
Act’’.
SEC. 572. POLICY.
(a) IN GENERAL.—Consistent with international law, it is the
policy of the United States to support efforts to bring to justice
members of the Khmer Rouge for their crimes against humanity
committed in Cambodia between April 17, 1975, and January 7,
1979.
(b) SPECIFIC ACTIONS URGED.—To that end, the Congress urges
the President—
(1) to collect, or assist appropriate organizations and
individuals to collect relevant data on crimes of genocide
committed in Cambodia;
(2) in circumstances which the President deems appro-
priate, to encourage the establishment of a national or inter-
national criminal tribunal for the prosecution of those accused
of genocide in Cambodia; and
(3) as necessary, to provide such national or international
tribunal with information collected pursuant to paragraph (1).
SEC. 573. ESTABLISHMENT OF STATE DEPARTMENT OFFICE.
(a) ESTABLISHMENT.—(1) None of the funds authorized to be
appropriated by this Act for ‘‘Diplomatic and Consular Programs’’
shall be available for obligation or expenditure during fiscal years
1994 and 1995 unless, not later than 90 days after the date of
enactment of this Act, the Secretary of State has established within
the Department of State under the Assistant Secretary for East
Asia and Pacific Affairs (or any successor Assistant Secretary) the
Office of Cambodian Genocide Investigation (hereafter in this part
referred to as the ‘‘Office’’).
(2) The Office may carry out its activities inside or outside
of Cambodia, except that not less than 75 percent of the funds
made available for the Office and its activities shall be used to
carry out activities within Cambodia.
(b) PURPOSE.—The purpose of the Office shall be to support,
through organizations and individuals with whom the Secretary
of State may contract to carry out the operations of the Office,
as appropriate, efforts to bring to justice members of the Khmer
Rouge for their crimes against humanity committed in Cambodia
between April 17, 1975, and January 7, 1979, including—
(1) to investigate crimes against humanity committed by
national Khmer Rouge leaders during that period;
(2) to provide the people of Cambodia with access to docu-
ments, records, and other evidence held by the Office as a
result of such investigation;
(3) to submit the relevant data to a national or inter-
national penal tribunal that may be convened to formally hear
and judge the genocidal acts committed by the Khmer Rouge;
and
(4) to develop the United States proposal for the establish-
ment of an international criminal tribunal for the prosecution
of those accused of genocide in Cambodia.
H. R. 2333—107
(c) CONTRACTING AUTHORITY.—The Secretary of State shall,
subject to the availability of appropriations, contract with appro-
priate individuals and organizations to carry out the purpose of
the Office.
(d) NOTIFICATION TO CONGRESS.—The Committee on Foreign
Relations and the Committee on Appropriations of the Senate and
the Committee on Foreign Affairs and the Committee on Appropria-
tions of the House of Representatives shall be notified of any exer-
cise of the authority of section 34 of the State Department Basic
Authorities Act of 1956 with respect to the Office or any of its
programs, projects, or activities at least 15 days in advance in
accordance with procedures applicable to notifications under that
section.
SEC. 574. REPORTING REQUIREMENT.
(a) IN GENERAL.—Beginning 6 months after the date of enact-
ment of this Act, and every 6 months thereafter, the President
shall submit a report to the appropriate congressional committees—
(1) that describes the activities of the Office, and sets
forth new facts learned about past Khmer Rouge practices,
during the preceding 6-month period; and
(2) that describes the steps the President has taken during
the preceding 6-month period to promote human rights, to
support efforts to bring to justice the national political and
military leadership of the Khmer Rouge, and to prevent the
recurrence of human rights abuses in Cambodia through actions
which are not related to United Nations activities in Cambodia.
(b) DEFINITION.—For purposes of this section, the term ‘‘appro-
priate congressional committees’’ means the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives.
PART E—MIDDLE EAST PEACE FACILITATION
SEC. 581. SHORT TITLE.
This part may be cited as the ‘‘Middle East Peace Facilitation
Act of 1994’’.
SEC. 582. FINDINGS.
The Congress finds that—
(1) the Palestine Liberation Organization 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 coexistence
with Israel, free from violence and all other acts which endanger
peace and stability; and assumed responsibility over all Pal-
estine Liberation Organization elements and personnel in order
to assure their compliance, prevent violations, and discipline
violators;
(2) Israel has recognized the Palestine Liberation Organiza-
tion as the representative of the Palestinian people;
(3) Israel and the Palestine Liberation Organization signed
a Declaration of Principles on Interim Self-Government
Arrangements on September 13, 1993, at the White House;
(4) the United States has resumed a bilateral dialogue
with the Palestine Liberation Organization; and
(5) in order to implement the Declaration of Principles
on Interim Self-Government Arrangements and facilitate the
H. R. 2333—108
Middle East peace process, the President has requested flexibil-
ity to suspend certain provisions of law pertaining to the Pal-
estine Liberation Organization.
SEC. 583. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.
(a) IN GENERAL.—Subject to subsection (b), beginning July 1,
1994, the President may suspend for a period of not more than
6 months any provision of law specified in subsection (c). The
President may continue the suspension for a period or periods
of not more than 6 months until July 1, 1995, if, before each
such period, the President satisfies the requirements of subsection
(b). Any suspension shall cease to be effective after 6 months,
or at such earlier date as the President may specify.
(b) CONDITIONS.—
(1) CONSULTATION.—Prior to each exercise of the authority
provided in subsection (a), the President shall consult with
the relevant congressional committees. The President may not
exercise that authority until 30 days after a written policy
justification is submitted to the relevant congressional commit-
tees.
(2) PRESIDENTIAL CERTIFICATION.—The President may exer-
cise the authority provided in subsection (a) only if the Presi-
dent certifies to the relevant congressional committees each
time he exercises such authority that—
(A) it is in the national interest of the United States
to exercise such authority; and
(B) the Palestine Liberation Organization continues
to abide by all the commitments described in paragraph
(4).
(3) REQUIREMENT FOR CONTINUING PLO COMPLIANCE.—Any
suspension under subsection (a) of a provision of law specified
in subsection (c) shall cease to be effective if the President
certifies to the relevant congressional committees that the Pal-
estine Liberation Organization has not continued to abide by
all the commitments described in paragraph (4).
(4) PLO COMMITMENTS
DESCRIBED.—The commitments
referred to in paragraphs (2) and (3) are the commitments
made by the Palestine Liberation Organization—
(A) in its letter of September 9, 1993, to the Prime
Minister of Israel; in its letter of September 9, 1993, to
the Foreign Minister of Norway to—
(i) recognize the right of the State of Israel to
exist in peace and security;
(ii) accept United Nations Security Council Resolu-
tions 242 and 338;
(iii) renounce the use of terrorism and other acts
of violence;
(iv) assume responsibility over all PLO 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 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 Palestin-
H. R. 2333—109
ian National Covenant eliminating calls for Israel’s
destruction, and
(B) in, and resulting from, the good faith implementa-
tion of, the Declaration of Principles on Interim Self-
Government Arrangements signed on September 13, 1993.
(5) EXPECTATION OF CONGRESS REGARDING ANY EXTENSION
OF PRESIDENTIAL AUTHORITY.—The Congress expects that any
extension of the authority provided to the President in sub-
section (a) will be conditional on the Palestine Liberation
Organization—
(A) renouncing the Arab League boycott of Israel;
(B) urging the nations of the Arab League to end
the Arab League boycott of Israel;
(C) cooperating with efforts undertaken by the Presi-
dent of the United States to end the Arab League boycott
of Israel; and
(D) condemning individual acts of terrorism and
violence.
(6) REPORTING REQUIREMENT.—As part of the President’s
written policy justification referred to in paragraph (1), the
President will report on the PLO’s response to individual acts
of terrorism and violence, as well as its actions concerning
the Arab League boycott of Israel as enumerated in paragraph
(5) and on the status of the PLO office in the United States
as enumerated in subsection (c)(3).
(c) 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 Palestine Libera-
tion Organization or entities associated with it.
(2) Section 114 of the Department of State Authorization
Act, Fiscal years 1984 and 1985 (22 U.S.C. 287e note) as
it applies with respect to the Palestine Liberation Organization
or entities associated with it.
(3) Section 1003 of the Foreign Relations Authorization
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 to the granting to the Palestine
Liberation Organization of observer status or other official sta-
tus at any meeting sponsored by or associated with the Inter-
national Monetary Fund. As used in this paragraph, the term
‘‘other official status’’ does not include membership in the Inter-
national Monetary Fund.
(d) RELEVANT CONGRESSIONAL COMMITTEES DEFINED.—As used
in this section, the term ‘‘relevant congressional committees’’
means—
(1) the Committee on Foreign Affairs, the Committee on
Banking, Finance and Urban Affairs, 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.
H. R. 2333—110
TITLE VI—PEACE CORPS
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $219,745,000 for the fiscal year 1994 and
$234,745,000 for the fiscal year 1995 to carry out the Peace Corps
Act.
(b) AVAILABILITY
OF FUNDS.—Funds made available to the
Peace Corps pursuant to the authorization under subsection (a)
shall be available for the fiscal year for which appropriated and
the subsequent fiscal year.
SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT.
(a) EXTENSION OF CONTRACTING AUTHORITY.—Section 10(c) of
the Peace Corps Act (22 U.S.C. 2509(c)) is amended by striking
‘‘thirty six months’’ and inserting ‘‘five years’’.
(b) LIABILITY INSURANCE FOR MEDICAL SERVICES PERSONNEL.—
Section 10(j) of the Peace Corps Act (22 U.S.C. 2509(j)) is amended
by inserting before the period at the end of the first sentence
‘‘, and to individuals employed under personal services contracts
to furnish medical services abroad pursuant to subsection (a)(5)
of this section.’’.
TITLE VII—ARMS CONTROL
PART A—ARMS CONTROL AND
NONPROLIFERATION ACT OF 1994
SEC. 701. SHORT TITLE; REFERENCES IN PART; TABLE OF CONTENTS.
(a) SHORT TITLE.—This part may be cited as the ‘‘Arms Control
and Nonproliferation Act of 1994’’.
(b) REFERENCES IN PART.—Except as specifically provided in
this part, whenever in this part an amendment or repeal is
expressed as an amendment to or repeal of a provision, the reference
shall be deemed to be made to the Arms Control and Disarmament
Act.
SEC. 702. CONGRESSIONAL DECLARATIONS; PURPOSE.
(a) CONGRESSIONAL DECLARATIONS.—The Congress declares
that—
(1) a fundamental goal of the United States, particularly
in the wake of the highly turbulent and uncertain international
situation fostered by the end of the Cold War, the disintegration
of the Soviet Union and the resulting emergence of fifteen
new independent states, and the revolutionary changes in East-
ern Europe, is to prevent the proliferation of nuclear weapons
and their means of delivery and of advanced conventional
armaments, to eliminate chemical and biological weapons, and
to reduce and limit the large numbers of nuclear weapons
in the former Soviet Union, as well as to prevent regional
conflicts and conventional arms races; and
(2) an ultimate goal of the United States continues to
be a world in which the use of force is subordinated to the
rule of law and international change is achieved peacefully
without the danger and burden of destabilizing and costly
armaments.
H. R. 2333—111
(b) PURPOSE.—The purpose of this part is—
(1) to strengthen the United States Arms Control and
Disarmament Agency; and
(2) to improve congressional oversight of the arms control,
nonproliferation, and disarmament activities of the United
States Arms Control and Disarmament Agency, and of the
Agency’s operating budget.
SEC. 703. PURPOSES.
Section 2 (22 U.S.C. 2551) is amended in the text following
the third undesignated paragraph by striking paragraphs (a), (b),
(c), and (d) and by inserting the following new paragraphs:
‘‘(1) The preparation for and management of United States
participation in international negotiations and implementation
fora in the arms control and disarmament field.
‘‘(2) When directed by the President, the preparation for,
and management of, United States participation in inter-
national negotiations and implementation fora in the non-
proliferation field.
‘‘(3) The conduct, support, and coordination of research
for arms control, nonproliferation, and disarmament policy
formulation.
‘‘(4) The preparation for, operation of, or, as appropriate,
direction of, United States participation in such control systems
as may become part of United States arms control, nonprolifera-
tion, and disarmament activities.
‘‘(5) The dissemination and coordination of public informa-
tion concerning arms control, nonproliferation, and disar-
mament.’’.
SEC. 704. REPEALS.
The following provisions of law are hereby repealed:
(1) Subsections (b) and (c) of section 36 (22 U.S.C. 2576),
relating to arms control impact information and analysis.
(2) Section 38 (22 U.S.C. 2578), relating to reports on
Standing Consultative Commission activities.
(3) Section 52 (22 U.S.C. 2592), relating to reports on
adherence to and compliance with agreements.
SEC. 705. DIRECTOR.
Section 22 (22 U.S.C. 2562) is amended to read as follows:
‘‘DIRECTOR
‘‘SEC. 22. (a) APPOINTMENT.—The Agency shall be headed by
a Director appointed by the President, by and with the advice
and consent of the Senate. No person serving on active duty as
a commissioned officer of the Armed Forces of the United States
may be appointed Director.
‘‘(b) DUTIES.—(1) The Director shall serve as the principal
adviser to the Secretary of State, the National Security Council,
and the President and other executive branch Government officials
on matters relating to arms control, nonproliferation, and disar-
mament. In carrying out his duties under this Act, the Director,
under the direction of the President and the Secretary of State,
shall have primary responsibility within the Government for mat-
ters relating to arms control and disarmament, and, whenever
H. R. 2333—112
directed by the President, primary responsibility within the Govern-
ment for matters relating to nonproliferation.
‘‘(2) The Director shall attend all meetings of the National
Security Council involving weapons procurement, arms sales,
consideration of the defense budget, and all arms control, non-
proliferation, and disarmament matters.’’.
SEC. 706. BUREAUS, OFFICES, AND DIVISIONS.
Section 25 (22 U.S.C. 2565) is amended to read as follows:
‘‘BUREAUS, OFFICES, AND DIVISIONS
‘‘SEC. 25. The Director may establish within the Agency such
bureaus, offices, and divisions as he may determine to be necessary
to discharge his responsibilities pursuant to this Act, including
a bureau of intelligence and information support and an office
to perform legal services for the Agency.’’.
SEC. 707. SCIENTIFIC AND POLICY ADVISORY COMMITTEE.
Section 26 (22 U.S.C. 2566) is amended to read as follows:
‘‘SCIENTIFIC AND POLICY ADVISORY COMMITTEE
‘‘SEC. 26. (a) ESTABLISHMENT.—(1) The President may appoint
a Scientific and Policy Advisory Committee (in this section referred
to as the ‘Committee’) of not to exceed 15 members, not less than
eight of whom shall be scientists.
‘‘(2) The members of the Committee shall be appointed as
follows:
‘‘(A) One member, who shall be a person of renown and
distinction, shall be appointed by the President, by and with
the advice and consent of the Senate, as Chairman of the
Committee.
‘‘(B) Fourteen other members shall be appointed by the
President.
‘‘(3) The Committee shall meet at least twice each year.
‘‘(b) FUNCTION.—It shall be the responsibility of the Committee
to advise the President, the Secretary of State, and the Director
respecting scientific, technical, and policy matters affecting arms
control, nonproliferation, and disarmament.
‘‘(c) REIMBURSEMENT
OF
EXPENSES.—The members of the
Committee may receive reimbursement of expenses only in accord-
ance with the provisions applicable to the reimbursement of experts
and consultants under section 41(d) of this Act.
‘‘(d) TERMINATION.—The Committee shall terminate two years
after the date of enactment of the Arms Control and Nonprolifera-
tion Act of 1994.
‘‘(e) DEFINITION.—As used in this section, the term ‘scientist’
means an individual who has a demonstrated knowledge and tech-
nical expertise with respect to arms control, nonproliferation, and
disarmament matters and who has distinguished himself or herself
in any of the fields of physics, chemistry, mathematics, biology,
or engineering, including weapons engineering.’’.
SEC. 708. PRESIDENTIAL SPECIAL REPRESENTATIVES.
(a) IN GENERAL.—Section 27 (22 U.S.C. 2567) is amended to
read as follows:
H. R. 2333—113
‘‘PRESIDENTIAL SPECIAL REPRESENTATIVES
‘‘SEC. 27. The President may appoint, by and with the advice
and consent of the Senate, Special Representatives of the President
for arms control, nonproliferation, and disarmament matters. Each
Presidential Special Representative shall hold the rank of ambas-
sador. One such Representative may serve in the Agency as Chief
Science Advisor. Presidential Special Representatives appointed
under this section shall perform their duties and exercise their
powers under the direction of the President and the Secretary
of State, acting through the Director. The Agency shall be the
Government agency responsible for providing administrative sup-
port, including funding, staff, and office space, to all Presidential
Special Representatives.’’.
(b) CONFORMING AMENDMENT.—Section 5315 of title 5, United
States Code, is amended by striking:
‘‘Special Representatives for Arms Control and Disar-
mament Negotiations, United States Arms Control and Disar-
mament Agency (2).’’
and inserting:
‘‘Special Representatives of the President for arms control,
nonproliferation, and disarmament matters, United States
Arms Control and Disarmament Agency.’’.
SEC. 709. POLICY FORMULATION.
Section 33 (22 U.S.C. 2573) is amended to read as follows:
‘‘POLICY FORMULATION
‘‘SEC. 33. (a) FORMULATION.—The Director shall prepare for
the President, the Secretary of State, and the heads of such other
Government agencies as the President may determine, rec-
ommendations and advice concerning United States arms control,
nonproliferation, and disarmament policy.
‘‘(b) PROHIBITION.—No action shall be taken pursuant to this
or any other Act that would obligate the United States to reduce
or limit the Armed Forces or armaments of the United States
in a militarily significant manner, except pursuant to the treaty-
making power of the President set forth in Article II, Section
2, Clause 2 of the Constitution or unless authorized by the enact-
ment of further affirmative legislation by the Congress of the United
States.’’.
SEC. 710. NEGOTIATION MANAGEMENT.
Section 34 (22 U.S.C. 2574) is amended to read as follows:
‘‘NEGOTIATION MANAGEMENT
‘‘SEC. 34. (a) RESPONSIBILITIES.—The Director, under the direc-
tion of the President and the Secretary of State, shall have primary
responsibility for the preparation, conduct, and management of
United States participation in all international negotiations and
implementation fora in the field of arms control and disarmament
and shall have primary responsibility, whenever directed by the
President, for the preparation, conduct, and management of United
States participation in international negotiations and implementa-
tion fora in the field of nonproliferation. In furtherance of these
responsibilities, Special Representatives of the President appointed
pursuant to section 27, shall, as directed by the President, serve
H. R. 2333—114
as the United States Government representatives to international
organizations, conferences, and activities relating to the field of
nonproliferation, such as the preparations for and conduct of the
review relating to the Treaty on the Non-Proliferation of Nuclear
Weapons.
‘‘(b) FUNCTIONS
WITH
RESPECT
TO
THE
UNITED
STATES
INFORMATION AGENCY.—The Director shall perform functions pursu-
ant to section 2(c) of the Reorganization Plan 8 of 1953 with
respect to providing to the United States Information Agency official
United States positions and policy on arms control, nonproliferation,
and disarmament matters for dissemination abroad.
‘‘(c) AUTHORITY.—The Director is authorized—
‘‘(1) for the purpose of conducting negotiations concerning
arms control, nonproliferation, or disarmament or for the pur-
pose of exercising any other authority given him by this Act—
‘‘(A) to consult and communicate with, or to direct
the consultation and communication with, representatives
of other nations or of international organizations, and
‘‘(B) to communicate in the name of the Secretary
of State with diplomatic representatives of the United
States in the United States or abroad;
‘‘(2) to formulate plans and make preparations for the
establishment, operation, and funding of inspections and control
systems which may become part of the United States arms
control, nonproliferation, and disarmament activities; and
‘‘(3) as authorized by law, to put into effect, direct, or
otherwise assume United States responsibility for such sys-
tems.’’.
SEC. 711. REPORT ON MEASURES TO COORDINATE RESEARCH AND
DEVELOPMENT.
Not later than December 31, 1994, the President shall submit
to the Congress a report prepared by the Director of the United
States Arms Control and Disarmament Agency, in coordination
with the Secretary of State, the Secretary of Defense, the Secretary
of Energy, the Chairman of the Joint Chiefs of Staff, and the
Director of Central Intelligence, with respect to the procedures
established pursuant to section 35 of the Arms Control and Disar-
mament Act (22 U.S.C. 2575) for the effective coordination of
research and development on arms control, nonproliferation, and
disarmament among all departments and agencies of the executive
branch of Government.
SEC. 712. VERIFICATION OF COMPLIANCE.
Section 37 (22 U.S.C. 2577) is amended to read as follows:
‘‘VERIFICATION OF COMPLIANCE
‘‘SEC. 37. (a) IN GENERAL.—In order to ensure that arms control,
nonproliferation, and disarmament agreements can be adequately
verified, the Director shall report to Congress, on a timely basis,
or upon request by an appropriate committee of the Congress—
‘‘(1) in the case of any arms control, nonproliferation, or
disarmament agreement that has been concluded by the United
States, the determination of the Director as to the degree
to which the components of such agreement can be verified;
‘‘(2) in the case of any arms control, nonproliferation, or
disarmament agreement that has entered into force, any signifi-
H. R. 2333—115
cant degradation or alteration in the capacity of the United
States to verify compliance of the components of such
agreement;
‘‘(3) the amount and percentage of research funds expended
by the Agency for the purpose of analyzing issues relating
to arms control, nonproliferation, and disarmament verification;
and
‘‘(4) the number of professional personnel assigned to arms
control verification on a full-time basis by each Government
agency.
‘‘(b) STANDARD FOR VERIFICATION OF COMPLIANCE.—In making
determinations under paragraphs (1) and (2) of subsection (a), the
Director shall assume that all measures of concealment not
expressly prohibited could be employed and that standard practices
could be altered so as to impede verification.
‘‘(c) RULE OF CONSTRUCTION.—Except as otherwise provided
for by law, nothing in this section may be construed as requiring
the disclosure of sensitive information relating to intelligence
sources or methods or persons employed in the verification of
compliance with arms control, nonproliferation, and disarmament
agreements.
‘‘(d) PARTICIPATION OF THE AGENCY.—In order to ensure adher-
ence of the United States to obligations or commitments undertaken
in arms control, nonproliferation, and disarmament agreements,
and in order for the Director to make the assessment required
by section 51(a)(5), the Director, or the Director’s designee, shall
participate in all interagency groups or organizations within the
executive branch of Government that assess, analyze, or review
United States planned or ongoing policies, programs, or actions
that have a direct bearing on United States adherence to obligations
undertaken in arms control, nonproliferation, or disarmament
agreements.’’.
SEC. 713. NEGOTIATING RECORDS.
(a) IN GENERAL.—The Arms Control and Disarmament Act
is amended by inserting after section 37 the following:
‘‘NEGOTIATING RECORDS
‘‘SEC. 38. (a) PREPARATION OF RECORDS.—The Director shall
establish and maintain records for each arms control, nonprolifera-
tion, and disarmament agreement to which the United States is
a party and which was under negotiation or in force on or after
January 1, 1990, which shall include classified and unclassified
materials such as instructions and guidance, position papers, report-
ing cables and memoranda of conversation, working papers, draft
texts of the agreement, diplomatic notes, notes verbal, and other
internal and external correspondence.
‘‘(b) NEGOTIATING AND IMPLEMENTATION RECORDS.—In particu-
lar, the Director shall establish and maintain a negotiating and
implementation record for each such agreement, which shall be
comprehensive and detailed, and shall document all communications
between the parties with respect to such agreement. Such records
shall be maintained both in hard copy and magnetic media.
‘‘(c) PARTICIPATION OF AGENCY PERSONNEL.—In order to imple-
ment effectively this section, the Director shall ensure that Agency
personnel participate throughout the negotiation and implementa-
H. R. 2333—116
tion phases of all arms control, nonproliferation, and disarmament
agreements.’’.
(b) REPORT REQUIRED.—Not later than January 31, 1995, the
Director of the United States Arms Control and Disarmament
Agency shall submit to the Speaker of the House of Representatives
and to the chairman of the Committee on Foreign Relations of
the Senate a detailed report describing the actions he has under-
taken to implement section 38 of the Arms Control and Disar-
mament Act.
SEC. 714. AUTHORITIES 
WITH 
RESPECT 
TO 
NONPROLIFERATION
MATTERS.
(a) AMENDMENTS
TO
THE ARMS EXPORT CONTROL ACT.—(1)
Section 38(a)(2) of the Arms Export Control Act (22 U.S.C.
2778(a)(2)) is amended to read as follows:
‘‘(2) Decisions on issuing export licenses under this section
shall be made in coordination with the Director of the United
States Arms Control and Disarmament Agency, taking into account
the Director’s assessment as to whether the export of an article
would contribute to an arms race, aid in the development of weapons
of mass destruction, support international terrorism, increase the
possibility of outbreak or escalation of conflict, or prejudice the
development of bilateral or multilateral arms control or non-
proliferation agreements or other arrangements. The Director of
the Arms Control and Disarmament Agency is authorized, whenever
the Director determines that the issuance of an export license
under this section would be detrimental to the national security
of the United States, to recommend to the President that such
export license be disapproved.’’.
(2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is amended—
(A) in the second sentence, by redesignating clauses (1),
(2), and (3) as clauses (A), (B), and (C), respectively;
(B) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’;
(C) by amending clause (C) (as redesignated) to read as
follows: ‘‘(C) the assessment of the Director of the United States
Arms Control and Disarmament Agency as to whether, and
the extent to which, such sale might contribute to an arms
race, aid in the development of weapons of mass destruction,
support international terrorism, increase the possibility of out-
break or escalation of conflict, or prejudice the development
of bilateral or multilateral arms control or nonproliferation
agreements or other arrangements.’’; and
(D) by adding at the end the following:
‘‘(2) Any proposed sale made pursuant to this Act shall be
approved only after consultation with the Director of the United
States Arms Control and Disarmament Agency. The Director of
the Arms Control and Disarmament Agency is authorized, whenever
the Director determines that a sale under this section would be
detrimental to the national security of the United States, to rec-
ommend to the President that such sale be disapproved.’’.
(3) Section 71(a) of such Act (22 U.S.C. 2797(a)) is amended
by inserting ‘‘, the Director of the Arms Control and Disarmament
Agency,’’ after ‘‘the Secretary of Defense’’.
(4) Section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1)) is amend-
ed by inserting ‘‘and the Director of the United States Arms Control
and Disarmament Agency’’ after ‘‘Secretary of Defense’’.
H. R. 2333—117
(5) Section 71(b)(2) of such Act (22 U.S.C. 2797(b)(2)) is
amended—
(A) by striking ‘‘and the Secretary of Commerce’’ and insert-
ing ‘‘, the Secretary of Commerce, and the Director of the
United States Arms Control and Disarmament Agency’’; and
(B) by inserting ‘‘or the Director’’ after ‘‘relevant Secretary’’.
(6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is amended
by inserting ‘‘with the Director of the United States Arms Control
and Disarmament Agency,’’ after ‘‘Director of Central Intelligence,’’.
(7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is amended
by striking ‘‘and the Secretary of Commerce,’’ and inserting ‘‘,
the Secretary of Commerce, and the Director of the United States
Arms Control and Disarmament Agency,’’.
(b) AMENDMENT TO THE NUCLEAR NON-PROLIFERATION ACT.—
Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (42
U.S.C. 2139a(c)) is amended in the second sentence by striking
out ‘‘, as required,’’.
SEC. 715. APPOINTMENT AND COMPENSATION OF PERSONNEL.
Section 41(b) of the Arms Control and Disarmament Act (22
U.S.C. 2581(b)) is amended by striking ‘‘except that during the
2-year’’ and all that follows through the end thereof and inserting
‘‘except that the Director may, to the extent the Director determines
necessary to the discharge of his responsibilities, appoint and fix
the compensation of employees possessing specialized technical
expertise without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service and the
provisions of chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule pay rates, if
the Director ensures that—
‘‘(1) any employee who is appointed under this exception
is not paid at a rate—
‘‘(A) in excess of the rate payable for positions of
equivalent difficulty or responsibility, or
‘‘(B) exceeding the maximum rate payable for grade
15 of the General Schedule; and
‘‘(2) the number of employees appointed under this excep-
tion shall not exceed 10 percent of the Agency’s full-time-
equivalent ceiling.’’.
SEC. 716. SECURITY REQUIREMENTS.
Section 45(a) (22 U.S.C. 2585) is amended in the third
sentence—
(1) by inserting ‘‘or employed directly from other Govern-
ment agencies’’ after ‘‘persons detailed from other Government
agencies’’; and
(2) by striking ‘‘by the Department of Defense or the
Department of State’’ and inserting ‘‘by such agencies’’.
SEC. 717. REPORTS.
(a) IN GENERAL.—Title IV of the Arms Control and Disar-
mament Act is amended—
(1) by striking sections 49 and 50;
(2) by redesignating sections 51 and 53 as sections 49
and 50, respectively; and
(3) by inserting after section 50 (as redesignated by para-
graph (2)) the following new sections:
H. R. 2333—118
‘‘ANNUAL REPORT TO CONGRESS
‘‘SEC. 51. (a) IN GENERAL.—Not later than January 31 of each
year, the President shall submit to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate a report prepared by the Director, in con-
sultation with the Secretary of State, the Secretary of Defense,
the Secretary of Energy, the Chairman of the Joint Chiefs of Staff,
and the Director of Central Intelligence, on the status of United
States policy and actions with respect to arms control, nonprolifera-
tion, and disarmament. Such report shall include—
‘‘(1) a detailed statement concerning the arms control and
disarmament objectives of the executive branch of Government
for the forthcoming year;
‘‘(2) a detailed statement concerning the nonproliferation
objectives of the executive branch of Government for the forth-
coming year;
‘‘(3) a detailed assessment of the status of any ongoing
arms control or disarmament negotiations, including a com-
prehensive description of negotiations or other activities during
the preceding year and an appraisal of the status and prospects
for the forthcoming year;
‘‘(4) a detailed assessment of the status of any ongoing
nonproliferation negotiations or other activities, including a
comprehensive description of the negotiations or other activities
during the preceding year and an appraisal of the status and
prospects for the forthcoming year;
‘‘(5) a detailed assessment of adherence of the United States
to obligations undertaken in arms control, nonproliferation,
and disarmament agreements, including information on the
policies and organization of each relevant agency or department
of the United States to ensure adherence to such obligations,
a description of national security programs with a direct bearing
on questions of adherence to such obligations and of steps
being taken to ensure adherence, and a compilation of any
substantive questions raised during the preceding year and
any corrective action taken; and
‘‘(6) a detailed assessment of the adherence of other nations
to obligations undertaken in all arms control, nonproliferation,
and disarmament agreements to which the United States is
a participating state, including information on actions taken
by each nation with regard to the size, structure, and disposi-
tion of its military forces in order to comply with arms control,
nonproliferation, or disarmament agreements, and shall
include, in the case of each agreement about which compliance
questions exist—
‘‘(A) a description of each significant issue raised and
efforts made and contemplated with the other participating
state to seek resolution of the difficulty;
‘‘(B) an assessment of damage, if any, to the United
States security and other interests; and
‘‘(C) recommendations as to any steps that should be
considered to redress any damage to United States national
security and to reduce compliance problems.
‘‘(b) CLASSIFICATION OF THE REPORT.—The report required by
this section shall be submitted in unclassified form, with classified
annexes, as appropriate.
H. R. 2333—119
‘‘PUBLIC ANNUAL REPORT ON WORLD MILITARY EXPENDITURES AND
ARMS TRANSFERS
‘‘SEC. 52. Not later than December 31 of each year, the Director
shall publish an unclassified report on world military expenditures
and arms transfers. Such report shall provide detailed, comprehen-
sive, and statistical information regarding military expenditures,
arms transfers, armed forces, and related economic data for each
country of the world. In addition, such report shall include pertinent
in-depth analyses as well as highlights with respect to arms trans-
fers and proliferation trends and initiatives affecting such
developments.’’.
(b) REPORT
ON REVITALIZATION
OF ACDA.—Not later than
December 31, 1995, the Director of the United States Arms Control
and Disarmament Agency shall submit to the Speaker of the House
of Representatives and the chairman of the Committee on Foreign
Relations of the Senate a detailed report describing the actions
that have been taken and that are underway to revitalize the
United States Arms Control and Disarmament Agency pursuant
to the provisions of this part and the amendments made by this
part.
SEC. 718. FUNDING.
(a) IN GENERAL.—Title IV of the Arms Control and Disar-
mament Act, as amended by section 717, is further amended by
adding at the end the following:
‘‘REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 53. (a) LIMITATION
ON OBLIGATION
AND EXPENDITURE
OF FUNDS.—Notwithstanding any other provision of law, for the
fiscal year 1994 and for each subsequent year, any funds appro-
priated for the Agency shall not be available for obligation or
expenditure—
‘‘(1) unless such funds are appropriated pursuant to an
authorization of appropriations; or
‘‘(2) in excess of the authorized level of appropriations.
‘‘(b) SUBSEQUENT AUTHORIZATION.—The limitation under sub-
section (a) shall not apply to the extent that an authorization
of appropriations is enacted after such funds are appropriated.
‘‘(c) APPLICATION.—The provisions of this section—
‘‘(1) may not be superseded, except by a provision of law
which specifically repeals, modifies, or supersedes the provi-
sions of this section; and
‘‘(2) shall not apply to, or affect in any manner, permanent
appropriations, trust funds, and other similar accounts which
are authorized by law and administered by the Agency.
‘‘TRANSFERS AND REPROGRAMMINGS
‘‘SEC. 54. (a) TRANSFER OF FUNDS.—Funds appropriated for
the purpose of carrying out this Act may be allocated or transferred
to any agency for such purpose. Such funds shall be available
for obligation and expenditure in accordance with the authorities
of this Act or in accordance with the authorities governing the
activities of the agencies to which such funds are allocated or
transferred.
H. R. 2333—120
‘‘(b) LIMITATION.—Not more than 12 percent of any appropria-
tion made for the purpose of carrying out this Act shall be obligated
or reserved during the last month of the fiscal year.’’.
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
OF
CERTAIN
REPROGRAMMINGS.—Unless the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign Rela-
tions of the Senate are notified at least 15 days in advance of
the proposed reprogramming, funds appropriated to carry out this
Act (other than funds to carry out title V) shall not be available
for obligation or expenditure through any reprogramming of funds
that—
‘‘(1) would create or eliminate a program, project, or activ-
ity;
‘‘(2) would increase funds or personnel by any means for
any program, project, or activity for which funds have been
denied or restricted by the Congress;
‘‘(3) would relocate an office or employees;
‘‘(4) would reorganize offices, programs, projects, or activi-
ties;
‘‘(5) would involve contracting out functions which had
been performed by Federal employees; or
‘‘(6) would involve a reprogramming in excess of $1,000,000
or 10 percent (whichever is less) and would—
‘‘(A) augment existing programs, projects, or activities,
‘‘(B) reduce by 10 percent or more the funding for
any existing program, project, activity, or personnel
approved by the Congress, or
‘‘(C) result from any general savings from a reduction
in personnel that would result in a change in existing
programs, activities, or projects approved by the Congress.
‘‘(d) LIMITATION
ON END-OF-YEAR REPROGRAMMINGS.—Funds
appropriated to carry out this Act (other than funds to carry out
title V) shall not be available for obligation or expenditure through
any reprogramming described in paragraph (1) during the last
15 days in which such funds are available for obligation or expendi-
ture (as the case may be) unless the notification required by that
paragraph was submitted before that 15-day period.’’.
SEC. 719. CONFORMING AMENDMENTS.
(a) Section 2 (22 U.S.C. 2551) is amended—
(1) in the second undesignated paragraph, by inserting
‘‘, nonproliferation,’’ after ‘‘Arms control’’; and
(2) in the second and third undesignated paragraphs, by
inserting ‘‘, nonproliferation,’’ after ‘‘arms control’’ each place
it appears.
(b) Section 28 (22 U.S.C. 2568) is amended—
(1) in the first sentence, by striking ‘‘field of arms control
and disarmament’’ and inserting ‘‘fields of arms control, non-
proliferation, and disarmament’’; and
(2) in the second sentence, by inserting ‘‘, nonproliferation,’’
after ‘‘arms control’’.
(c) Section 31 (22 U.S.C. 2571) is amended—
(1) in the text above paragraph (a), by striking ‘‘field of
arms control and disarmament’’ each of the three places it
appears and inserting ‘‘fields of arms control, nonproliferation,
and disarmament’’;
H. R. 2333—121
(2) in the first sentence, by inserting ‘‘and nonproliferation’’
after disarmament; and
(3) in the fourth sentence, by inserting ‘‘, nonproliferation,’’
after ‘‘arms control’’ each of the eight places it appears.
(d) Section 35 (22 U.S.C. 2575) is amended by inserting ‘‘,
nonproliferation,’’ after ‘‘arms control’’.
(e) Section 36 (22 U.S.C. 2576) is amended—
(1) by amending the section heading to read as follows:
‘‘ARMS CONTROL INFORMATION’’;
(2) by striking ‘‘(a)’’; and
(3) by inserting ‘‘, nonproliferation,’’ after ‘‘arms control’’
each of the two places it appears.
(f) Section 39 (22 U.S.C. 2579) is amended by inserting ‘‘,
nonproliferation,’’ after ‘‘arms control’’ each of the two places it
appears.
(g) Section 49 (as redesignated by section 817(a)(2)) is
amended—
(1) by striking ‘‘Soviet’’; and
(2) by inserting ‘‘of the former Soviet Union’’ after ‘‘affairs’’.
PART B—AMENDMENTS TO THE ARMS EXPORT
CONTROL ACT
SEC. 731. LIMITATION 
ON 
AUTHORITY 
TO 
TRANSFER 
EXCESS
DEFENSE ARTICLES.
(a) TRANSFERS TO COUNTRIES ON THE SOUTHERN AND SOUTH-
EASTERN FLANK OF NATO.—Section 516(b) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) the President first considers the effects of the transfer
of the excess defense articles on the national technology and
industrial base, particularly the extent, if any, to which the
transfer reduces the opportunities of entities in the national
technology and industrial base to sell new equipment to the
country or countries to which the excess defense articles are
transferred.’’.
(b) TRANSFERS TO COUNTRIES PARTICIPATING IN A COMPREHEN-
SIVE NATIONAL ANTINARCOTICS PROGRAM.—Section 517(f) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321k(f)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) the President first considers the effects of the transfer
of the excess defense articles on the national technology and
industrial base, particularly the extent, if any, to which the
transfer reduces the opportunities of entities in the national
technology and industrial base to sell new equipment to the
country or countries to which the excess defense articles are
transferred.’’.
(c) TRANSFERS TO COUNTRIES ELIGIBLE TO PARTICIPATE IN A
FOREIGN MILITARY FINANCING PROGRAM.—Section 519(b) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2321m(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (3);
H. R. 2333—122
(2) by striking the period at the end of paragraph (4)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(5) the President first considers the effects of the transfer
of the excess defense articles on the national technology and
industrial base, particularly the extent, if any, to which the
transfer reduces the opportunities of entities in the national
technology and industrial base to sell new equipment to the
country or countries to which the excess defense articles are
transferred.’’.
(d) SALES FROM STOCK UNDER ARMS EXPORT CONTROL ACT.—
Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is
amended by adding at the end the following new subsection:
‘‘(k) Before entering into the sale under this Act of defense
articles that are excess to the stocks of the Department of Defense,
the President shall first consider the effects of the sale of the
articles on the national technology and industrial base, particularly
the extent, if any, to which the sale reduces the opportunities
of entities in the national technology and industrial base to sell
new equipment to the country or countries to which the excess
defense articles are sold.’’.
(e) LEASES UNDER ARMS EXPORT CONTROL ACT.—Section 61(a)
of the Arms Export Control Act (22 U.S.C. 2796(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (2);
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following new para-
graph (3):
‘‘(3) the President first considers the effects of the lease
of the articles on the national technology and industrial base,
particularly the extent, if any, to which the lease reduces the
opportunities of entities in the national technology and indus-
trial base to sell new equipment to the country or countries
to which the articles are leased; and’’; and
(4) in the matter following paragraph (4) (as redesignated
by paragraph (2) of this subsection) by striking ‘‘paragraph
(3)’’ each place it appears and inserting ‘‘paragraph (4)’’.
SEC. 732. REPORTS UNDER THE ARMS EXPORT CONTROL ACT.
(a) NUMBERED CERTIFICATIONS WITH RESPECT TO GOVERN-
MENT-TO-GOVERNMENT SALES.—Section 36(b)(1) of the Arms Export
Control Act (22 U.S.C. 2776(b)(1)) is amended—
(1) by inserting after the second sentence the following
new sentence: ‘‘Each such numbered certification shall contain
an item indicating whether any offset agreement is proposed
to be entered into in connection with such letter of offer to
sell (if known on the date of transmittal of such certification).’’;
and
(2) in subparagraph (C) by inserting ‘‘and a description
from such contractor of any offset agreements proposed to be
entered into in connection with such sale’’ after ‘‘sold’’.
(b) NUMBERED CERTIFICATIONS WITH RESPECT TO COMMERCIAL
EXPORTS.—Section 36(c)(1) of the Arms Export Control Act (22
U.S.C. 2776(c)(1)) is amended—
(1) by inserting after the first sentence the following new
sentence: ‘‘Each such numbered certification shall also contain
an item indicating whether any offset agreement is proposed
H. R. 2333—123
to be entered into in connection with such export (if known
on the date of transmittal of such certification).’’; and
(2) in the third sentence by inserting ‘‘and a description
from the person who has submitted the license application
of any offset agreement proposed to be entered into in connec-
tion with such export (if known on the date of transmittal
of such statement)’’ after ‘‘Secretary of Defense’’.
(c) DEFINITIONS.—Section 36 of the Arms Export Control Act
(22 U.S.C. 2776) is amended by adding at the end the following:
‘‘(e) For purposes of this section—
‘‘(1) the term ‘offset agreement’ means an agreement,
arrangement, or understanding between a United States sup-
plier of defense articles or defense services and a foreign country
under which the supplier agrees to purchase or acquire, or
to promote the purchase or acquisition by other United States
persons of, goods or services produced, manufactured, grown,
or extracted, in whole or in part, in that foreign country in
consideration for the purchase by the foreign country of defense
articles or defense service from the supplier; and
‘‘(2) the term ‘United States person’ means—
‘‘(A) an individual who is a national or permanent
resident alien of the United States; and
‘‘(B) any corporation, business association, partnership,
trust, or other juridical entity—
‘‘(i) organized under the laws of the United States
or any State, district, territory, or possession thereof;
or
‘‘(ii) owned or controlled in fact by individuals
described in subparagraph (A).’’.
SEC. 733. PROHIBITION ON INCENTIVE PAYMENTS UNDER THE ARMS
EXPORT CONTROL ACT.
The Arms Export Control Act (22 U.S.C. 2779) is amended
by inserting after section 39 the following new section:
‘‘SEC. 39A. PROHIBITION ON INCENTIVE PAYMENTS.
‘‘(a) No United States supplier of defense articles or services
sold under this Act, nor any employee, agent, or subcontractor
thereof, shall, with respect to the sale of any such defense article
or defense service to a foreign country, make any incentive pay-
ments for the purpose of satisfying, in whole or in part, any offset
agreement with that country.
‘‘(b) Any person who violates the provisions of this section
shall be subject to the imposition of civil penalties as provided
for in this section.
‘‘(c) In the enforcement of this section, the President is author-
ized to exercise the same powers concerning violations and enforce-
ment and imposition of civil penalties which are conferred upon
departments, agencies and officials by subsections (c), (d), (e), and
(f) of section 11 of the Export Administration Act of 1979 and
section 12(a) of such Act, subject to the same terms and conditions
as are applicable to such powers under that Act, except that not-
withstanding section 11(c) of that Act, the civil penalty for each
violation of this section may not exceed $500,000 or five times
the amount of the prohibited incentive payment, whichever is
greater.
‘‘(d) For purposes of this section—
H. R. 2333—124
‘‘(1) the term ‘offset agreement’ means an agreement,
arrangement, or understanding between a United States sup-
plier of defense articles or defense services and a foreign country
under which the supplier agrees to purchase or acquire, or
to promote the purchase or acquisition by other United States
persons of, goods or services produced, manufactured, grown,
or extracted, in whole or in part, in that foreign country in
consideration for the purchase by the foreign country of defense
articles or defense services from the supplier;
‘‘(2) the term ‘incentive payments’ means direct monetary
compensation made by a United States supplier of defense
articles or defense services or by any employee, agent or sub-
contractor thereof to any other United States person to induce
or persuade that United States person to purchase or acquire
goods or services produced, manufactured, grown, or extracted,
in whole or in part, in the foreign country which is purchasing
those defense articles or services from the United States sup-
plier; and
‘‘(3) the term ‘United States person’ means—
‘‘(A) an individual who is a national or permanent
resident alien of the United States; and
‘‘(B) any corporation, business association, partnership,
trust, or other juridical entity—
‘‘(i) organized under the laws of the United States
or any State, the District of Columbia, or any territory
or possession of the United States; or
‘‘(ii) owned or controlled in fact by individuals
described in subparagraph (A).’’.
SEC. 734. MISSILE TECHNOLOGY EXPORTS TO CERTAIN MIDDLE EAST-
ERN AND ASIAN COUNTRIES.
(a) EXPORTS BY UNITED STATES PERSONS.—Section 72 of the
Arms Export Control Act (22 U.S.C. 2797a) is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
‘‘(c) PRESUMPTION.—In determining whether to apply sanctions
under subsection (a) to a United States person involved in the
export, transfer, or trade of an item on the MTCR Annex, it should
be a rebuttable presumption that such item is designed for use
in a missile listed in the MTCR Annex if the President determines
that the final destination of the item is a country the government
of which the Secretary of State has determined, for purposes of
6(j)(1)(A) of the Export Administration Act of 1979, has repeatedly
provided support for acts of international terrorism.’’.
(b) EXPORTS BY FOREIGN PERSONS.—Section 73 of the Arms
Export Control Act (22 U.S.C. 2797b) is amended—
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
‘‘(f) PRESUMPTION.—In determining whether to apply sanctions
under subsection (a) to a foreign person involved in the export,
transfer, or trade of an item on the MTCR Annex, it should be
a rebuttable presumption that such item is designed for use in
a missile listed in the MTCR Annex if the President determines
that the final destination of the item is a country the government
of which the Secretary of State has determined, for purposes of
H. R. 2333—125
6(j)(1)(A) of the Export Administration Act of 1979, has repeatedly
provided support for acts of international terrorism.’’.
SEC. 735. NOTIFICATION OF CONGRESS ON CERTAIN EVENTS INVOLV-
ING THE MISSILE TECHNOLOGY CONTROL REGIME (MTCR).
(a) SALE OF DEFENSE ARTICLES OR SERVICES.—Section 36(b)(1)
of the Arms Export Control Act is amended by inserting after
‘‘sensitivity of such technology.’’ the following new sentence: ‘‘In
a case in which such articles or services listed on the Missile
Technology Control Regime Annex are intended to support the
design, development, or production of a Category I space launch
vehicle system (as defined in section 74), such report shall include
a description of the proposed export and rationale for approving
such export, including the consistency of such export with United
States missile nonproliferation policy.’’.
(b) EXPORT OF MAJOR DEFENSE EQUIPMENT.—Section 36(c)(1)
of the Arms Export Control Act is amended by inserting after
‘‘in consultation with the Secretary of Defense.’’ the following new
sentence: ‘‘In a case in which such articles or services are listed
on the Missile Technology Control Regime Annex and are intended
to support the design, development, or production of a Category
I space launch vehicle system (as defined in section 74), such
report shall include a description of the proposed export and ration-
ale for approving such export, including the consistency of such
export with United States missile nonproliferation policy.’’.
(c) LICENSING.—Section 71 of the Arms Export Control Act
is amended by inserting after subsection (c) the following new
subsection:
‘‘(d) EXPORTS TO SPACE LAUNCH VEHICLE PROGRAMS.—Within
15 days after the issuance of a license for the export of items
valued at less than $14,000,000 that are controlled under this
Act pursuant to United States obligations under the Missile Tech-
nology Control Regime and intended to support the design, develop-
ment, or production of a space launch vehicle system listed in
Category I of the MTCR Annex, the Secretary shall transmit to
the Congress a report describing the licensed export and rationale
for approving such export, including the consistency of such export
with United States missile nonproliferation policy. The requirement
contained in the preceding sentence shall not apply to licenses
for exports to countries that were members of the MTCR as of
April 17, 1987.
(d) NOTIFICATION OF ADMITTANCE ON MTCR ADHERENTS.—The
Arms Export Control Act is amended by inserting after section
73 the following new section:
‘‘SEC. 73A. NOTIFICATION OF ADMITTANCE OF MTCR ADHERENTS.
‘‘Following any action by the United States that results in
a country becoming a MTCR adherent, the President shall transmit
promptly to the Congress a report which describes the rationale
for such action, together with an assessment of that country’s
nonproliferation policies, practices, and commitments. Such report
shall also include the text of any agreements or understandings
between the United States and such country regarding the terms
and conditions of the country’s adherence to the MTCR.’’.
H. R. 2333—126
SEC. 736. CONTROL OF REEXPORTS TO TERRORIST COUNTRIES.
Section 6(j) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)) is amended by adding at the end the following new
paragraph:
‘‘(5) The Secretary and the Secretary of State shall include
in the notification required by paragraph (2)—
‘‘(A) a detailed description of the goods or services
to be offered, including a brief description of the capabilities
of any article for which a license to export is sought;
‘‘(B) the reasons why the foreign country or inter-
national organization to which the export or transfer is
proposed to be made needs the goods or services which
are the subject of such export or transfer and a description
of the manner in which such country or organization
intends to use such articles, services, or design and
construction services;
‘‘(C) the reasons why the proposed export or transfer
is in the national interest of the United States;
‘‘(D) an analysis of the impact of the proposed export
or transfer on the military capabilities of the foreign coun-
try or international organization to which such export or
transfer would be made;
‘‘(E) an analysis of the manner in which the proposed
export would affect the relative military strengths of coun-
tries in the region to which the goods or services which
are the subject of such export would be delivered and
whether other countries in the region have comparable
kinds and amounts of articles, services, or design and
construction services; and
‘‘(F) an analysis of the impact of the proposed export
or transfer on the United States relations with the coun-
tries in the region to which the goods or services which
are the subject of such export would be delivered.’’.
TITLE VIII—NUCLEAR PROLIFERATION
PREVENTION ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Nuclear Proliferation Prevention
Act of 1994’’.
PART A—REPORTING ON NUCLEAR EXPORTS
SEC. 811. REPORTS TO CONGRESS.
Section 601(a) of the Nuclear Non-Proliferation Act of 1978
(22 U.S.C. 3281(a)) is amended—
(1) in paragraph (4), by striking ‘‘and’’ after the semicolon;
(2) in paragraph (5), by striking the period and inserting
a semicolon; and
(3) by adding after paragraph (5) the following:
‘‘(6) a description of the implementation of nuclear and
nuclear-related dual-use export controls in the preceding cal-
endar year, including a summary by type of commodity and
destination of—
‘‘(A) all transactions for which—
H. R. 2333—127
‘‘(i) an export license was issued for any good con-
trolled under section 309(c) of this Act;
‘‘(ii) an export license was issued under section
109 b. of the 1954 Act;
‘‘(iii) approvals were issued under the Export
Administration Act of 1979, or section 109 b.(3) of
the 1954 Act, for the retransfer of any item, technical
data, component, or substance; or
‘‘(iv) authorizations were made as required by sec-
tion 57 b.(2) of the 1954 Act to engage, directly or
indirectly, in the production of special nuclear material;
‘‘(B) each instance in which—
‘‘(i) a sanction has been imposed under section
821(a) or section 824 of the Nuclear Proliferation
Prevention Act of 1994 or section 102(b)(1) of the Arms
Export Control Act;
‘‘(ii) sales or leases have been denied under section
3(f) of the Arms Export Control Act or transactions
prohibited by reason of acts relating to proliferation
of nuclear explosive devices as described in section
40(d) of that Act;
‘‘(iii) a sanction has not been imposed by reason
of section 821(c)(2) of the Nuclear Proliferation Preven-
tion Act of 1994 or the imposition of a sanction has
been delayed under section 102(b)(4) of the Arms
Export Control Act; or
‘‘(iv) a waiver of a sanction has been made under—
‘‘(I) section 821(f) or section 824 of the Nuclear
Proliferation Prevention Act of 1994,
‘‘(II) section 620E(d) of the Foreign Assistance
Act of 1961, or paragraph (5) or (6)(B) of section
102(b) of the Arms Export Control Act,
‘‘(III) section 40(g) of the Arms Export Control
Act with respect to the last sentence of section
40(d) of that Act, or
‘‘(IV) section 614 of the Foreign Assistance
Act of 1961 with respect to section 620E of that
Act or section 3(f), the last sentence of section
40(d), or 102(b)(1) of the Arms Export Control
Act; and
‘‘(C) the progress of those independent states of the
former Soviet Union that are non-nuclear-weapon states
and of the Baltic states towards achieving the objective
of applying full scope safeguards to all their peaceful
nuclear activities.
Portions of the information required by paragraph (6) may be
submitted in classified form, as necessary. Any such information
that may not be published or disclosed under section 12(c)(1) of
the Export Administration Act of 1979 shall be submitted as con-
fidential.’’.
H. R. 2333—128
PART B—SANCTIONS FOR NUCLEAR
PROLIFERATION
SEC. 821. IMPOSITION OF PROCUREMENT SANCTION ON PERSONS
ENGAGING IN EXPORT ACTIVITIES THAT CONTRIBUTE TO
PROLIFERATION.
(a) DETERMINATION BY THE PRESIDENT.—
(1) IN GENERAL.—Except as provided in subsection (b)(2),
the President shall impose the sanction described in subsection
(c) if the President determines in writing that, on or after
the effective date of this part, a foreign person or a United
States person has materially and with requisite knowledge
contributed, through the export from the United States or any
other country of any goods or technology (as defined in section
830(2)), to the efforts by any individual, group, or non-nuclear-
weapon state to acquire unsafeguarded special nuclear material
or to use, develop, produce, stockpile, or otherwise acquire
any nuclear explosive device.
(2) PERSONS
AGAINST
WHICH
THE
SANCTION
IS
TO
BE
IMPOSED.—The sanction shall be imposed pursuant to para-
graph (1) on—
(A) the foreign person or United States person with
respect to which the President makes the determination
described in that paragraph;
(B) any successor entity to that foreign person or
United States person;
(C) any foreign person or United States person that
is a parent or subsidiary of that person if that parent
or subsidiary materially and with requisite knowledge
assisted in the activities which were the basis of that
determination; and
(D) any foreign person or United States person that
is an affiliate of that person if that affiliate materially
and with requisite knowledge assisted in the activities
which were the basis of that determination and if that
affiliate is controlled in fact by that person.
(3) OTHER SANCTIONS AVAILABLE.—The sanction which is
required to be imposed for activities described in this subsection
is in addition to any other sanction which may be imposed
for the same activities under any other provision of law.
(4) DEFINITION.—For purposes of this subsection, the term
‘‘requisite knowledge’’ means situations in which a person
‘‘knows’’, as ‘‘knowing’’ is defined in section 104 of the Foreign
Corrupt Practices Act of 1977 (15 U.S.C. 78dd–2).
(b) CONSULTATION WITH AND ACTIONS BY FOREIGN GOVERN-
MENT OF JURISDICTION.—
(1) CONSULTATIONS.—If the President makes a determina-
tion described in subsection (a)(1) with respect to a foreign
person, the Congress urges the President to initiate consulta-
tions immediately with the government with primary jurisdic-
tion over that foreign person with respect to the imposition
of the sanction pursuant to this section.
(2) ACTIONS BY GOVERNMENT OF JURISDICTION.—In order
to pursue such consultations with that government, the Presi-
dent may delay imposition of the sanction pursuant to this
section for up to 90 days. Following these consultations, the
H. R. 2333—129
President shall impose the sanction unless the President de-
termines and certifies in writing to the Congress that that
government has taken specific and effective actions, including
appropriate penalties, to terminate the involvement of the for-
eign person in the activities described in subsection (a)(1).
The President may delay the imposition of the sanction for
up to an additional 90 days if the President determines and
certifies in writing to the Congress that that government is
in the process of taking the actions described in the preceding
sentence.
(3) REPORT TO CONGRESS.—Not later than 90 days after
making a determination under subsection (a)(1), the President
shall submit to the Committee on Foreign Relations and the
Committee on Governmental Affairs of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report on the status of consultations with the appropriate
government under this subsection, and the basis for any deter-
mination under paragraph (2) of this subsection that such
government has taken specific corrective actions.
(c) SANCTION.—
(1) DESCRIPTION OF SANCTION.—The sanction to be imposed
pursuant to subsection (a)(1) is, except as provided in paragraph
(2) of this subsection, that the United States Government shall
not procure, or enter into any contract for the procurement
of, any goods or services from any person described in sub-
section (a)(2).
(2) EXCEPTIONS.—The President shall not be required to
apply or maintain the sanction under this section—
(A) in the case of procurement of defense articles or
defense services—
(i) under existing contracts or subcontracts, includ-
ing the exercise of options for production quantities
to satisfy requirements essential to the national secu-
rity of the United States;
(ii) if the President determines in writing that
the person or other entity to which the sanction would
otherwise be applied is a sole source supplier of the
defense articles or services, that the defense articles
or services are essential, and that alternative sources
are not readily or reasonably available; or
(iii) if the President determines in writing that
such articles or services are essential to the national
security under defense coproduction agreements;
(B) to products or services provided under contracts
entered into before the date on which the President pub-
lishes his intention to impose the sanction;
(C) to—
(i) spare parts which are essential to United States
products or production;
(ii) component parts, but not finished products,
essential to United States products or production; or
(iii) routine servicing and maintenance of products,
to the extent that alternative sources are not readily
or reasonably available;
(D) to information and technology essential to United
States products or production; or
(E) to medical or other humanitarian items.
H. R. 2333—130
(d) ADVISORY OPINIONS.—Upon the request of any person, the
Secretary of State may, in consultation with the Secretary of
Defense, issue in writing an advisory opinion to that person as
to whether a proposed activity by that person would subject that
person to the sanction under this section. Any person who relies
in good faith on such an advisory opinion which states that the
proposed activity would not subject a person to such sanction,
and any person who thereafter engages in such activity, may not
be made subject to such sanction on account of such activity.
(e) TERMINATION
OF
THE SANCTION.—The sanction imposed
pursuant to this section shall apply for a period of at least 12
months following the imposition of the sanction and shall cease
to apply thereafter only if the President determines and certifies
in writing to the Congress that—
(1) reliable information indicates that the foreign person
or United States person with respect to which the determination
was made under subsection (a)(1) has ceased to aid or abet
any individual, group, or non-nuclear-weapon state in its efforts
to acquire unsafeguarded special nuclear material or any
nuclear explosive device, as described in that subsection; and
(2) the President has received reliable assurances from
the foreign person or United States person, as the case may
be, that such person will not, in the future, aid or abet any
individual, group, or non-nuclear-weapon state in its efforts
to acquire unsafeguarded special nuclear material or any
nuclear explosive device, as described in subsection (a)(1).
(f) WAIVER.—
(1) CRITERION FOR WAIVER.—The President may waive the
application of the sanction imposed on any person pursuant
to this section, after the end of the 12-month period beginning
on the date on which that sanction was imposed on that person,
if the President determines and certifies in writing to the
Congress that the continued imposition of the sanction would
have a serious adverse effect on vital United States interests.
(2) NOTIFICATION
OF
AND
REPORT
TO
CONGRESS.—If the
President decides to exercise the waiver authority provided
in paragraph (1), the President shall so notify the Congress
not less than 20 days before the waiver takes effect. Such
notification shall include a report fully articulating the rationale
and circumstances which led the President to exercise the
waiver authority.
SEC. 822. ELIGIBILITY FOR ASSISTANCE.
(a) AMENDMENTS TO THE ARMS EXPORT CONTROL ACT.—
(1) PROHIBITION.—Section 3 of the Arms Export Control
Act (22 U.S.C. 2753) is amended by adding at the end the
following new subsection:
‘‘(f) No sales or leases shall be made to any country that
the President has determined is in material breach of its binding
commitments to the United States under international treaties
or agreements concerning the nonproliferation of nuclear explosive
devices (as defined in section 830(4) of the Nuclear Proliferation
Prevention Act of 1994) and unsafeguarded special nuclear material
(as defined in section 830(8) of that Act).’’.
(2) DEFINITION OF SUPPORT FOR INTERNATIONAL TERROR-
ISM.—Section 40 of such Act (22 U.S.C. 2780) is amended—
H. R. 2333—131
(A) in subsection (d), by adding at the end the following
new sentence: ‘‘For purposes of this subsection, such acts
shall include all activities that the Secretary determines
willfully aid or abet the international proliferation of
nuclear explosive devices to individuals or groups or will-
fully aid or abet an individual or groups in acquiring
unsafeguarded special nuclear material.’’; and
(B) in subsection (l)—
(i) in paragraph (2), by striking ‘‘and’’ after the
semicolon;
(ii) in paragraph (3), by striking the period at
the end and inserting a semicolon; and
(iii) by adding at the end the following:
‘‘(4) the term ‘nuclear explosive device’ has the meaning
given that term in section 830(4) of the Nuclear Proliferation
Prevention Act of 1994; and
‘‘(5) the term ‘unsafeguarded special nuclear material’ has
the meaning given that term in section 830(8) of the Nuclear
Proliferation Prevention Act of 1994.’’.
(b) FOREIGN ASSISTANCE ACT OF 1961.—
(1) PRESIDENTIAL DETERMINATION 82–7.—Notwithstanding
any other provision of law, Presidential Determination No.
82–7 of February 10, 1982, made pursuant to section 670(a)(2)
of the Foreign Assistance Act of 1961, shall have no force
or effect with respect to any grounds for the prohibition of
assistance under section 102(a)(1) of the Arms Export Control
Act arising on or after the effective date of this part.
(2) AMENDMENT.—Section 620E(d) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2375(d)) is amended to read as
follows:
‘‘(d) The President may waive the prohibitions of section 101
of the Arms Export Control Act with respect to any grounds for
the prohibition of assistance under that section arising before the
effective date of part B of the Nuclear Proliferation Prevention
Act of 1994 to provide assistance to Pakistan if he determines
that to do so is in the national interest of the United States.’’.
SEC. 823. ROLE OF INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) IN GENERAL.—The Secretary of the Treasury shall instruct
the United States executive director to each of the international
financial institutions described in section 701(a) of the International
Financial Institutions Act (22 U.S.C. 262d(a)) to use the voice
and vote of the United States to oppose any use of the institution’s
funds to promote the acquisition of unsafeguarded special nuclear
material or the development, stockpiling, or use of any nuclear
explosive device by any non-nuclear-weapon state.
(b) DUTIES OF UNITED STATES EXECUTIVE DIRECTORS.—Section
701(b)(3) of the International Financial Institutions Act (22 U.S.C.
262d(b)(3)) is amended to read as follows:
‘‘(3) whether the recipient country—
‘‘(A) is seeking to acquire unsafeguarded special
nuclear material (as defined in section 830(8) of the Nuclear
Proliferation Prevention Act of 1994) or a nuclear explosive
device (as defined in section 830(4) of that Act);
‘‘(B) is not a State Party to the Treaty on the Non-
Proliferation of Nuclear Weapons; or
‘‘(C) has detonated a nuclear explosive device; and’’.
H. R. 2333—132
SEC. 824. PROHIBITION ON ASSISTING NUCLEAR PROLIFERATION
THROUGH THE PROVISION OF FINANCING.
(a) PROHIBITED ACTIVITY DEFINED.—For purposes of this sec-
tion, the term ‘‘prohibited activity’’ means the act of knowingly,
materially, and directly contributing or attempting to contribute,
through the provision of financing, to—
(1) the acquisition of unsafeguarded special nuclear mate-
rial; or
(2) the use, development, production, stockpiling, or other
acquisition of any nuclear explosive device,
by any individual, group, or non-nuclear-weapon state.
(b) PROHIBITION.—To the extent that the United States has
jurisdiction to prohibit such activity by such person, no United
States person and no foreign person may engage in any prohibited
activity.
(c) PRESIDENTIAL DETERMINATION AND ORDER WITH RESPECT
TO UNITED STATES AND FOREIGN PERSONS.—If the President deter-
mines, in writing after opportunity for a hearing on the record,
that a United States person or a foreign person has engaged in
a prohibited activity (without regard to whether subsection (b)
applies), the President shall, by order, impose the sanctions
described in subsection (d) on such person.
(d) SANCTIONS.—The following sanctions shall be imposed
pursuant to any order issued under subsection (c) with respect
to any United States person or any foreign person:
(1) BAN ON DEALINGS IN GOVERNMENT FINANCE.—
(A) DESIGNATION
AS
PRIMARY
DEALER.—Neither the
Board of Governors of the Federal Reserve System nor
the Federal Reserve Bank of New York may designate,
or permit the continuation of any prior designation of,
the person as a primary dealer in United States Govern-
ment debt instruments.
(B) SERVICE AS DEPOSITARY.—The person may not serve
as a depositary for United States Government funds.
(2) RESTRICTIONS ON OPERATIONS.—The person may not,
directly or indirectly—
(A) commence any line of business in the United States
in which the person was not engaged as of the date of
the order; or
(B) conduct business from any location in the United
States at which the person did not conduct business as
of the date of the order.
(e) JUDICIAL REVIEW.—Any determination of the President
under subsection (c) shall be subject to judicial review in accordance
with chapter 7 of part I of title 5, United States Code.
(f) CONSULTATION WITH AND ACTIONS BY FOREIGN GOVERNMENT
OF JURISDICTION.—
(1) CONSULTATIONS.—If the President makes a determina-
tion under subsection (c) with respect to a foreign person,
the Congress urges the President to initiate consultations
immediately with any appropriate foreign government with
respect to the imposition of any sanction pursuant to this
section.
(2) ACTIONS BY GOVERNMENT OF JURISDICTION.—
(A) SUSPENSION OF PERIOD FOR IMPOSING SANCTIONS.—
In order to pursue consultations described in paragraph
(1) with any government referred to in such paragraph,
H. R. 2333—133
the President may delay, for up to 90 days, the effective
date of an order under subsection (c) imposing any sanction.
(B) COORDINATION
WITH
ACTIVITIES
OF
FOREIGN
GOVERNMENT.—Following consultations described in para-
graph (1), the order issued by the President under sub-
section (c) imposing any sanction on a foreign person shall
take effect unless the President determines, and certifies
in writing to the Congress, that the government referred
to in paragraph (1) has taken specific and effective actions,
including the imposition of appropriate penalties, to termi-
nate the involvement of the foreign person in any prohibited
activity.
(C) EXTENSION OF PERIOD.—After the end of the period
described in subparagraph (A), the President may delay,
for up to an additional 90 days, the effective date of an
order issued under subsection (b) imposing any sanction
on a foreign person if the President determines, and cer-
tifies in writing to the Congress, that the appropriate for-
eign government is in the process of taking actions
described in subparagraph (B).
(3) REPORT TO CONGRESS.—Before the end of the 90-day
period beginning on the date on which an order is issued
under subsection (c), the President shall submit to the Congress
a report on—
(A) the status of consultations under this subsection
with the government referred to in paragraph (1); and
(B) the basis for any determination under paragraph
(2) that such government has taken specific corrective
actions.
(g) TERMINATION OF THE SANCTIONS.—Any sanction imposed
on any person pursuant to an order issued under subsection (c)
shall—
(1) remain in effect for a period of not less than 12 months;
and
(2) cease to apply after the end of such 12-month period
only if the President determines, and certifies in writing to
the Congress, that—
(A) the person has ceased to engage in any prohibited
activity; and
(B) the President has received reliable assurances from
such person that the person will not, in the future, engage
in any prohibited activity.
(h) WAIVER.—The President may waive the continued applica-
tion of any sanction imposed on any person pursuant to an order
issued under subsection (c) if the President determines, and certifies
in writing to the Congress, that the continued imposition of the
sanction would have a serious adverse effect on the safety and
soundness of the domestic or international financial system or on
domestic or international payments systems.
(i) ENFORCEMENT ACTION.—The Attorney General may bring
an action in an appropriate district court of the United States
for injunctive and other appropriate relief with respect to—
(1) any violation of subsection (b); or
(2) any order issued pursuant to subsection (c).
(j) KNOWINGLY DEFINED.—
H. R. 2333—134
(1) IN GENERAL.—For purposes of this section, the term
‘‘knowingly’’ means the state of mind of a person with respect
to conduct, a circumstance, or a result in which—
(A) such person is aware that such person is engaging
in such conduct, that such circumstance exists, or that
such result is substantially certain to occur; or
(B) such person has a firm belief that such cir-
cumstance exists or that such result is substantially certain
to occur.
(2) KNOWLEDGE
OF
THE
EXISTENCE
OF
A
PARTICULAR
CIRCUMSTANCE.—If knowledge of the existence of a particular
circumstance is required for an offense, such knowledge is
established if a person is aware of a high probability of the
existence of such circumstance, unless the person actually
believes that such circumstance does not exist.
(k) SCOPE
OF APPLICATION.—This section shall apply with
respect to prohibited activities which occur on or after the date
this part takes effect.
SEC. 825. EXPORT-IMPORT BANK.
Section 2(b)(4) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(b)(4)) is amended in the first sentence by inserting
after ‘‘device’’ the following: ‘‘(as defined in section 830(4) of the
Nuclear Proliferation Prevention Act of 1994), or that any country
has willfully aided or abetted any non-nuclear-weapon state (as
defined in section 830(5) of that Act) to acquire any such nuclear
explosive device or to acquire unsafeguarded special nuclear mate-
rial (as defined in section 830(8) of that Act).’’.
SEC. 826. AMENDMENT TO THE ARMS EXPORT CONTROL ACT.
(a) IN GENERAL.—The Arms Export Control Act is amended
by adding at the end the following new chapter:
‘‘CHAPTER 10—NUCLEAR NONPROLIFERATION
CONTROLS
‘‘SEC. 101. NUCLEAR ENRICHMENT TRANSFERS.
‘‘(a) PROHIBITIONS; SAFEGUARDS AND MANAGEMENT.—Except as
provided in subsection (b) of this section, no funds made available
to carry out the Foreign Assistance Act of 1961 or this Act may
be used for the purpose of providing economic assistance (including
assistance under chapter 4 of part II of the Foreign Assistance
Act of 1961), providing military assistance or grant military edu-
cation and training, providing assistance under chapter 6 of part
II of that Act, or extending military credits or making guarantees,
to any country which the President determines delivers nuclear
enrichment equipment, materials, or technology to any other coun-
try on or after August 4, 1977, or receives such equipment, mate-
rials, or technology from any other country on or after August
4, 1977, unless before such delivery—
‘‘(1) the supplying country and receiving country have
reached agreement to place all such equipment, materials, or
technology, upon delivery, under multilateral auspices and
management when available; and
‘‘(2) the recipient country has entered into an agreement
with the International Atomic Energy Agency to place all such
equipment, materials, technology, and all nuclear fuel and
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facilities in such country under the safeguards system of such
Agency.
‘‘(b) CERTIFICATION BY PRESIDENT OF NECESSITY OF CONTINUED
ASSISTANCE; DISAPPROVAL BY CONGRESS.—(1) Notwithstanding sub-
section (a) of this section, the President may furnish assistance
which would otherwise be prohibited under such subsection if he
determines and certifies in writing to the Speaker of the House
of Representatives and the Committee on Foreign Relations of the
Senate that—
‘‘(A) the termination of such assistance would have a seri-
ous adverse effect on vital United States interests; and
‘‘(B) he has received reliable assurances that the country
in question will not acquire or develop nuclear weapons or
assist other nations in doing so.
Such certification shall set forth the reasons supporting such deter-
mination in each particular case.
‘‘(2)(A) A certification under paragraph (1) of this subsection
shall take effect on the date on which the certification is received
by the Congress. However, if, within thirty calendar days after
receiving this certification, the Congress enacts a joint resolution
stating in substance that the Congress disapproves the furnishing
of assistance pursuant to the certification, then upon the enactment
of that resolution the certification shall cease to be effective and
all deliveries of assistance furnished under the authority of that
certification shall be suspended immediately.
‘‘(B) Any joint resolution under this paragraph shall be consid-
ered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export
Control Act of 1976.
‘‘SEC. 102. NUCLEAR REPROCESSING TRANSFERS, ILLEGAL EXPORTS
FOR NUCLEAR EXPLOSIVE DEVICES, TRANSFERS OF
NUCLEAR EXPLOSIVE DEVICES, AND NUCLEAR DETONA-
TIONS.
‘‘(a) PROHIBITIONS ON ASSISTANCE TO COUNTRIES INVOLVED IN
TRANSFER OF NUCLEAR REPROCESSING EQUIPMENT, MATERIALS, OR
TECHNOLOGY; EXCEPTIONS; PROCEDURES APPLICABLE.—(1) Except
as provided in paragraph (2) of this subsection, no funds made
available to carry out the Foreign Assistance Act of 1961 or this
Act may be used for the purpose of providing economic assistance
(including assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961), providing military assistance or grant
military education and training, providing assistance under chapter
6 of part II of that Act, or extending military credits or making
guarantees, to any country which the President determines—
‘‘(A) delivers nuclear reprocessing equipment, materials,
or technology to any other country on or after August 4, 1977,
or receives such equipment, materials, or technology from any
other country on or after August 4, 1977 (except for the transfer
of reprocessing technology associated with the investigation,
under international evaluation programs in which the United
States participates, of technologies which are alternatives to
pure plutonium reprocessing), or
‘‘(B) is a non-nuclear-weapon state which, on or after
August 8, 1985, exports illegally (or attempts to export illegally)
from the United States any material, equipment, or technology
which would contribute significantly to the ability of such coun-
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try to manufacture a nuclear explosive device, if the President
determines that the material, equipment, or technology was
to be used by such country in the manufacture of a nuclear
explosive device.
For purposes of clause (B), an export (or attempted export) by
a person who is an agent of, or is otherwise acting on behalf
of or in the interests of, a country shall be considered to be an
export (or attempted export) by that country.
‘‘(2) Notwithstanding paragraph (1) of this subsection, the Presi-
dent in any fiscal year may furnish assistance which would other-
wise be prohibited under that paragraph if he determines and
certifies in writing during that fiscal year to the Speaker of the
House of Representatives and the Committee on Foreign Relations
of the Senate that the termination of such assistance would be
seriously prejudicial to the achievement of United States non-
proliferation objectives or otherwise jeopardize the common defense
and security. The President shall transmit with such certification
a statement setting forth the specific reasons therefor.
‘‘(3)(A) A certification under paragraph (2) of this subsection
shall take effect on the date on which the certification is received
by the Congress. However, if, within 30 calendar days after receiv-
ing this certification, the Congress enacts a joint resolution stating
in substance that the Congress disapproves the furnishing of assist-
ance pursuant to the certification, then upon the enactment of
that resolution the certification shall cease to be effective and
all deliveries of assistance furnished under the authority of that
certification shall be suspended immediately.
‘‘(B) Any joint resolution under this paragraph shall be consid-
ered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export
Control Act of 1976.
‘‘(b) PROHIBITIONS ON ASSISTANCE TO COUNTRIES INVOLVED IN
TRANSFER OR USE OF NUCLEAR EXPLOSIVE DEVICES; EXCEPTIONS;
PROCEDURES APPLICABLE.—(1) Except as provided in paragraphs
(4), (5), and (6), in the event that the President determines that
any country, after the effective date of part B of the Nuclear
Proliferation Prevention Act of 1994—
‘‘(A) transfers to a non-nuclear-weapon state a nuclear
explosive device,
‘‘(B) is a non-nuclear-weapon state and either—
‘‘(i) receives a nuclear explosive device, or
‘‘(ii) detonates a nuclear explosive device,
‘‘(C) transfers to a non-nuclear-weapon state any design
information or component which is determined by the President
to be important to, and known by the transferring country
to be intended by the recipient state for use in, the development
or manufacture of any nuclear explosive device, or
‘‘(D) is a non-nuclear-weapon state and seeks and receives
any design information or component which is determined by
the President to be important to, and intended by the recipient
state for use in, the development or manufacture of any nuclear
explosive device,
then the President shall forthwith report in writing his determina-
tion to the Congress and shall forthwith impose the sanctions
described in paragraph (2) against that country.
‘‘(2) The sanctions referred to in paragraph (1) are as follows:
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‘‘(A) The United States Government shall terminate assist-
ance to that country under the Foreign Assistance Act of 1961,
except for humanitarian assistance or food or other agricultural
commodities.
‘‘(B) The United States Government shall terminate—
‘‘(i) sales to that country under this Act of any defense
articles, defense services, or design and construction serv-
ices, and
‘‘(ii) licenses for the export to that country of any
item on the United States Munitions List.
‘‘(C) The United States Government shall terminate all
foreign military financing for that country under this Act.
‘‘(D) The United States Government shall deny to that
country any credit, credit guarantees, or other financial assist-
ance by any department, agency, or instrumentality of the
United States Government, except that the sanction of this
subparagraph shall not apply—
‘‘(i) to any transaction subject to the reporting require-
ments of title V of the National Security Act of 1947 (relat-
ing to congressional oversight of intelligence activities),
or
‘‘(ii) to humanitarian assistance.
‘‘(E) The United States Government shall oppose, in accord-
ance with section 701 of the International Financial Institutions
Act (22 U.S.C. 262d), the extension of any loan or financial
or technical assistance to that country by any international
financial institution.
‘‘(F) The United States Government shall prohibit any
United States bank from making any loan or providing any
credit to the government of that country, except for loans or
credits for the purpose of purchasing food or other agricultural
commodities.
‘‘(G) The authorities of section 6 of the Export Administra-
tion Act of 1979 shall be used to prohibit exports to that
country of specific goods and technology (excluding food and
other agricultural commodities), except that such prohibition
shall not apply to any transaction subject to the reporting
requirements of title V of the National Security Act of 1947
(relating to congressional oversight of intelligence activities).
‘‘(3) As used in this subsection—
‘‘(A) the term ‘design information’ means specific informa-
tion that relates to the design of a nuclear explosive device
and that is not available to the public; and
‘‘(B) the term ‘component’ means a specific component of
a nuclear explosive device.
‘‘(4)(A) Notwithstanding paragraph (1) of this subsection, the
President may, for a period of not more than 30 days of continuous
session, delay the imposition of sanctions which would otherwise
be required under paragraph (1)(A) or (1)(B) of this subsection
if the President first transmits to the Speaker of the House of
Representatives, and to the chairman of the Committee on Foreign
Relations of the Senate, a certification that he has determined
that an immediate imposition of sanctions on that country would
be detrimental to the national security of the United States. Not
more than one such certification may be transmitted for a country
with respect to the same detonation, transfer, or receipt of a nuclear
explosive device.