HR 2415 PCS
(1) At the urging of the United States Govern-
ment, the Republic of Cyprus refrained from exer-
cising that country’s sovereign right to self-defense,
a right fully recognized by the United States Gov-
ernment and by Article 51 of the Charter of the
United Nations, and canceled the deployment on Cy-
prus of defensive antiaircraft missiles.
(2) In close cooperation with the United States
Government and the Government of Greece, Cyprus
rerouted the missiles to the Greek island of Crete.
(3) This extraordinarily conciliatory and coura-
geous action was taken in the interest of peace.
(4) With this action, the Republic of Cyprus
displayed its full compliance with the recently adopt-
ed United Nations Security Council Resolutions
1217 and 1218 which address the Cyprus issue,
demonstrated its support for President Bill Clinton’s
December 22, 1998, commitment to ‘‘take all nec-
essary steps to support a sustained effort to imple-
ment United Nations Security Council Resolution
1218’’, and continued its efforts of the last 25 years
to take substantive steps to reduce tensions and
move toward a Cyprus settlement.
(5) The Republic of Cyprus has no navy, air
force, or army and faces one of the world’s largest
100
HR 2415 PCS
and most sophisticated military forces, just minutes
away, in Turkey, as well as an area described by the
United Nations Secretary General as, ‘‘one of the
most densely militarized areas in the world’’ in the
Turkish-occupied area of northern Cyprus.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that—
(1) in light of this and other similar extraor-
dinary actions taken by the Republic of Cyprus, as
well as the importance of a Cyprus settlement to
American security and other interests, the United
States should do all that is possible to bring about
commensurate actions by Turkey;
(2) the time has come for the United States to
expect from Turkey actions on the Cyprus issue in
the interest of peace, including steps in conformity
with United States proposals concerning Cyprus and
in compliance with provisions contained in United
Nations Security Council Resolutions 1217 and
1218; and
(3) such an effort would also be in the best in-
terest of the people of Turkey, as well as in the in-
terest of all others involved.
101
HR 2415 PCS
SEC. 703. RECOGNITION OF THE MAGEN DAVID ADOM SOCI-
ETY IN ISRAEL AS A FULL MEMBER OF THE
INTERNATIONAL RED CROSS AND RED CRES-
CENT MOVEMENT.
(a) FINDINGS.—The Congress finds the following:
(1) It is the mission of the International Red
Cross and Red Crescent Movement to prevent and
alleviate human suffering, wherever it may be found,
without discrimination.
(2) The International Red Cross and Red Cres-
cent Movement is a worldwide institution in which
all National Red Cross and Red Crescent Societies
have equal status and share equal responsibilities.
(3) The state of Israel has ratified the Geneva
Conventions which govern the International Red
Cross and Red Crescent Movement.
(4) The Magen David Adom Society is the na-
tional humanitarian society in the state of Israel.
(5) The Magen David Adom Society follows all
the principles of the International Red Cross and
Red Crescent Movement.
(6) Since the founding of the Magen David
Adom Society in 1930, the American Red Cross has
regarded it as a sister national society and close
working ties have been established between the two
societies.
102
HR 2415 PCS
(7) The Magen David Adom Society is excluded
from full membership in the International Con-
ference of the Red Cross and Red Crescent Move-
ment solely because the Society is not an official
protective symbol recognized by either the Geneva
Conventions governing the International Red Cross
and Red Crescent Movement or the Statutes of the
International Red Cross and Red Crescent Move-
ment.
(8) During the past 25 years the American Red
Cross has consistently advocated recognition and
membership of the Magen David Adom Society in
the International Red Cross and Red Crescent Move-
ment.
(9) The state of Israel has unsuccessfully tried
in the past to amend the Geneva Conventions to
allow for the emblematic recognition of the Magen
David Adom Society.
(10) Recognition of the Magen David Adom So-
ciety in Israel as a member of the International Red
Cross and Red Crescent Movement would help for-
tify the spirit of goodwill in the Middle East peace
process.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that—
103
HR 2415 PCS
(1) the President should, at the earliest possible
date, enlist the cooperation of all nations that are
signatory to the Geneva Conventions to ensure that
the recognition of the Magen David Adom Society in
Israel as a full member of the International Red
Cross and Red Crescent Movement is resolved at the
forthcoming 27th International Conference of the
Red Cross and Red Crescent; and
(2) the President should support a resolution by
that Conference requesting the International Com-
mittee of the Red Cross to waive on an exceptional
basis the 5th condition of recognition in article 4 of
its Statutes of the Movement, thus enabling the full
participation of the Magen David Adom Society as
a member of the International Red Cross and Red
Crescent Movement.
SEC. 704. ANNUAL REPORTING ON WAR CRIMES, CRIMES
AGAINST HUMANITY, AND GENOCIDE.
(a) SECTION 116 OF FOREIGN ASSISTANCE ACT OF
1961.—Section 116(d) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(d)) is amended—
(1) in paragraph (6), by striking ‘‘and’’ at the
end;
(2) in paragraph (7), by striking the period at
the end and inserting ‘‘and’’; and
104
HR 2415 PCS
(3) by adding at the end the following:
‘‘(8) wherever applicable, consolidated informa-
tion regarding the commission of war crimes, crimes
against humanity, and evidence of acts that may
constitute genocide.’’.
(b) SECTION 502B OF THE FOREIGN ASSISTANCE
ACT OF 1961.—Section 502B(b) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2304(b)) is amended by in-
serting after the first sentence the following: ‘‘Wherever
applicable, such report shall include consolidated informa-
tion regarding the commission of war crimes, crimes
against humanity, and evidence of acts that may con-
stitute genocide.’’.
SEC. 705. SENSE OF THE CONGRESS SUPPORTING HUMANI-
TARIAN ASSISTANCE TO THE PEOPLE OF
BURMA.
It is the sense of the Congress that the United States
Government should support humanitarian assistance that
is targeted to the people of Burma and does not support
the State Peace and Development Council (SPDC) and
is only implemented and monitored by international or pri-
vate voluntary organizations that are independent of the
SPDC.
105
HR 2415 PCS
SEC. 706. RESTRICTIONS ON NUCLEAR COOPERATION WITH
NORTH KOREA.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law or any international agreement, no agreement
for cooperation (as defined in sec. 11 b. of the Atomic
Energy Act of 1954 (42 U.S.C. 2014 b.)) between the
United States and North Korea may become effective, no
license may be issued for export directly or indirectly to
North Korea of any nuclear material, facilities, compo-
nents, or other goods, services, or technology that would
be subject to such agreement, and no approval may be
given for the transfer or retransfer directly or indirectly
to North Korea of any nuclear material, facilities, compo-
nents, or other goods, services, or technology that would
be subject to such agreement, until—
(1) the President determines and reports to the
Committee on International Relations of the House
of Representatives and the Committee on Foreign
Relations of the Senate that—
(A) North Korea has come into full compli-
ance with its safeguards agreement with the
IAEA (INFCIRC/403), and has taken all steps
that have been deemed necessary by the IAEA
in this regard;
(B) North Korea has permitted the IAEA
full access to all additional sites and all infor-
106
HR 2415 PCS
mation (including historical records) deemed
necessary by the IAEA to verify the accuracy
and completeness of North Korea’s initial re-
port of May 4, 1992, to the IAEA on all nu-
clear sites and material in North Korea;
(C) North Korea is in full compliance with
its obligations under the Agreed Framework;
(D) North Korea is in full compliance with
its obligations under the Joint Declaration on
Denuclearization;
(E) North Korea does not have the capa-
bility to enrich uranium, and is not seeking to
acquire or develop such capability, or any addi-
tional capability to reprocess spent nuclear fuel;
(F) North Korea has terminated its nu-
clear weapons program, including all efforts to
acquire, develop, test, produce, or deploy such
weapons; and
(G) the transfer to North Korea of key nu-
clear components, under the proposed agree-
ment for cooperation with North Korea and in
accordance with the Agreed Framework, is in
the national interest of the United States; and
(2) there is enacted a joint resolution stating in
substance that the Congress concurs in the deter-
107
HR 2415 PCS
mination and report of the President submitted pur-
suant to paragraph (1).
(b) CONSTRUCTION.—The restrictions contained in
subsection (a) shall apply in addition to all other applica-
ble procedures, requirements, and restrictions contained in
the Atomic Energy Act of 1954 and other laws.
(c) DEFINITIONS.—In this section:
(1) AGREED FRAMEWORK.—The term ‘‘Agreed
Framework’’ means the ‘‘Agreed Framework Be-
tween the United States of America and the Demo-
cratic People’s Republic of Korea’’, signed in Geneva
on October 21, 1994, and the Confidential Minute to
that Agreement.
(2) IAEA.—The term ‘‘IAEA’’ means the
International Atomic Energy Agency.
(3) NORTH KOREA.—The term ‘‘North Korea’’
means the Democratic People’s Republic of Korea.
(4) 
JOINT
DECLARATION
ON
DENUCLEARIZATION.—The term ‘‘Joint Declaration
on Denuclearization’’ means the Joint Declaration
on the Denuclearization of the Korean Peninsula,
signed by the Republic of Korea and the Democratic
People’s Republic of Korea on January 1, 1992.
SEC. 707. SELF-DETERMINATION IN EAST TIMOR.
(a) FINDINGS.—The Congress finds the following:
108
HR 2415 PCS
(1) On May 5, 1999, the Government of Indo-
nesia and the Government of Portugal signed an
agreement that provides for a vote on the political
status of East Timor to be held on August 8, 1999,
under the auspices of the United Nations.
(2) On June 22, 1999, the vote was rescheduled
for August 21 or 22, 1999, because of concerns that
the conditions necessary for a free and fair vote
could not be established prior to August 8, 1999.
(3) On January 27, 1999, Indonesian President
Habibie expressed a willingness to consider inde-
pendence for East Timor if a majority of the East
Timorese reject autonomy in the August 1999 vote.
(4) Under the agreement between the Govern-
ments of Indonesia and Portugal, the Government of
Indonesia is responsible for ensuring that the Au-
gust 1999 vote is carried out in a fair and peaceful
way and in an atmosphere free of intimidation, vio-
lence, or interference.
(5) The inclusion of anti-independence militia
members in Indonesian forces that are responsible
for establishing security in East Timor violates this
agreement because the agreement states that the ab-
solute neutrality of the military and police is essen-
tial for holding a free and fair vote.
109
HR 2415 PCS
(6) The arming of anti-independence militias by
members of the Indonesian military for the purpose
of sabotaging the August 1999 ballot has resulted in
hundreds of civilians killed, injured, or missing in
separate attacks by these militias and these militias
continue to act without restraint.
(7) The United Nations Secretary General has
received credible reports of political violence, includ-
ing intimidation and killing, by armed anti-independ-
ence militias against unarmed pro-independence ci-
vilians in East Timor.
(8) There have been killings of opponents of
independence for East Timor, including civilians and
militia members.
(9) The killings in East Timor should be fully
investigated and the individuals responsible brought
to justice.
(10) Access to East Timor by international
human rights monitors and humanitarian organiza-
tions is limited and members of the press have been
threatened.
(11) The presence of members of the United
Nations Assistance Mission in East Timor has al-
ready resulted in an improved security environment
in the East Timorese capital of Dili.
110
HR 2415 PCS
(12) A robust international observer mission
and police force throughout East Timor is critical to
creating a stable and secure environment necessary
for a free and fair vote.
(13) The Administration should be commended
for its support for the United Nations Assistance
Mission in East Timor which will provide monitoring
and support for the ballot and include international
civilian police, military liaison officers, and election
monitors.
(b) SENSE OF THE CONGRESS.—It it the sense of the
Congress that—
(1) the President and the Secretary of State
should immediately intensify their efforts to prevail
upon the Indonesian Government and military—
(A) to disarm and disband anti-independ-
ence militias in East Timor;
(B) to grant full access to East Timor by
international human rights monitors, humani-
tarian organizations, and the press; and
(C) to allow Timorese who have been living
in exile to return to East Timor to participate
in the vote on the political status of East Timor
to be held on August 1999 under the auspices
of the United Nations; and
111
HR 2415 PCS
(2) not later than 21 days after the date of the
enactment of this Act, the President should prepare
and transmit to the Congress a report that contains
a description of the efforts of the Administration,
and an assessment of the steps taken by the Indo-
nesian Government and military, to ensure a stable
and secure environment in East Timor for the vote
on the political status of East Timor, including an
assessment of the steps taken in accordance with
subparagraphs (A), (B), and (C) of paragraph (1).
SEC. 708. SENSE OF THE CONGRESS RELATING TO LINDA
SHENWICK.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Linda Shenwick, an employee of the De-
partment of State, in the performance of her duties,
informed the Congress of waste, fraud, and mis-
management at the United Nations.
(2) Ms. Shenwick is being persecuted by Sec-
retary of State Madeleine Albright and other State
Department officials who have removed her from her
current position at the United Nations and withheld
her salary.
(3) Ms. Shenwick was even blocked from enter-
ing her office at the United States Mission to the
112
HR 2415 PCS
United Nations to retrieve her personal effects un-
less accompanied by an armed guard.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that employees of the Department of State
who, in the performance of their duties, inform the Con-
gress of pertinent facts concerning their responsibilities,
should not as a result be demoted or removed from their
current position or from Federal employment.
SEC. 709. SENSE OF THE CONGRESS REGARDING SEWAGE
TREATMENT ALONG THE BORDER BETWEEN
THE UNITED STATES AND MEXICO.
(a) FINDINGS.—
(1) The Congress finds that it must take action
to address the comprehensive treatment of sewage
emanating from the Tijuana River, so as to elimi-
nate river and ocean pollution in the San Diego bor-
der region.
(2) Congress bases this finding on the following
factors:
(A) The San Diego border region is ad-
versely impacted from cross border raw sewage
flows that effect the health and safety of citi-
zens in the United States and Mexico and the
environment.
113
HR 2415 PCS
(B) The United States and Mexico have
agreed pursuant to the Treaty for the Utiliza-
tion of Waters of the Colorado and Tijuana
Rivers and of the Rio Grande, dated February
3, 1944, ‘‘to give preferential attention to the
solution of all border sanitation problems’’.
(C) The United States and Mexico recog-
nize the need for utilization of reclaimed water
to supply the growing needs of the City of Ti-
juana, Republic of Mexico, and the entire bor-
der region.
(D) Current legislative authority limits the
scope of proposed treatment options in a way
that prevents a comprehensive plan to address
the volume of cross border raw sewage flows
and the effective utilization of reclamation op-
portunities.
(E) This section encourages action to ad-
dress the comprehensive treatment of sewage
emanating from the Tijuana River, so as to
eliminate river and ocean pollution in the San
Diego border region, and to exploit effective
reclamation opportunities.
(b) SENSE OF THE CONGRESS.—The Congress—
114
HR 2415 PCS
(1) encourages the Secretary of State to give
the highest priority to the negotiation and execution
of a new treaty minute with Mexico, which would
augment Minute 283 so as to allow for the siting of
sewage treatment facilities in Mexico, to provide for
additional treatment capacity, up to 50,000,000 gal-
lons per day, for the treatment of additional sewage
emanating from the Tijuana area, and to provide di-
rection and authority so that a comprehensive solu-
tion to this trans-border sanitation problem may be
implemented as soon as practicable;
(2) encourages the Administrator of the Envi-
ronmental Protection Agency and the United States
section of the International Boundary and Water
Commission to enter into an agreement to provide
for secondary treatment in Mexico of effluent from
the International Wastewater Treatment Plant
(IWTP);
(3) encourages the United States section of the
International Boundary and Water Commission to
provide for the development of a privately-funded
Mexican Facility, through the execution of a fee-for-
services contract with the owner of such facility, in
order to provide for—
115
HR 2415 PCS
(A) secondary treatment of effluent from
the IWTP, if found to be necessary, in compli-
ance with applicable water quality laws of the
United States, Mexico, and California; and
(B) additional capacity for primary and
secondary treatment of up to 50,000,000 gal-
lons per day, for the purpose of providing addi-
tional sewage treatment capacity in order to
fully address the trans-border sanitation prob-
lem;
(C) provision for any and all approvals
from Mexican authorities necessary to facilitate
water quality verification and enforcement at
the Mexican Facility to be carried out by the
International Boundary and Water Commission
or other appropriate authority;
(D) any terms and conditions deemed nec-
essary to allow for use in the United States of
treated effluent from the Mexican Facility if
there is reclaimed water surplus to the needs of
users in Mexico; and
(E) return transportation of whatever por-
tion of the treated effluent which cannoted by
reused to the South Bay Ocean Outfall; and
116
HR 2415 PCS
(4) in addition to other terms and conditions
considered appropriate by the International Bound-
ary and Water Commission, in any fee-for-services
contract, encourages the International Boundary
and Water Commission to include the following
terms and conditions—
(A) a term of 30 years;
(B) appropriate arrangements for the mon-
itoring and verification of compliance with ap-
plicable United States, California, and Mexican
water quality standards;
(C) arrangements for the appropriate dis-
position of sludge, produced from the IWTP
and the Mexican Facility, at a location or loca-
tions in Mexico; and
(D) payment of appropriate fees from the
International Boundary and Water Commission
to the owner of the Mexican Facility for sewage
treatment services, with the annual amount
payable to be reflective of all costs associated
with the development, construction, operation,
and financing of the Mexican Facility.
117
HR 2415 PCS
SEC. 710. SENSE OF THE CONGRESS REGARDING COLOM-
BIA.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Colombia is a democratic country fighting
multiple wars—
(A) a war against the Colombian Revolu-
tionary Armed Forces (FARC);
(B) a war against the National Liberation
Army (ELN);
(C) a war against the United Self-Defense
Forces of Colombia (AUC) and other para-
military organizations; and
(D) a war against drug lords who traffic in
deadly cocaine and heroin.
(2) In 1998 alone, 308,000 Colombians were in-
ternally displaced in Colombia. Over the last decade,
35,000 Colombians have been killed.
(3) The operations of the FARC, ELN, AUC,
and other extragovernmental forces have profited
from, and become increasingly dependent upon, co-
operation with the illicit narcotics trade.
(4) The FARC and ELN have waged the long-
est-running anti-government insurgencies in Latin
America and control roughly 60 percent of the coun-
118
HR 2415 PCS
try, including a demilitarized zone ruled by the
FARC.
(5) Representatives of the Government of Co-
lombia and the FARC are scheduled to begin peace
talks on July 20, 1999.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that—
(1) the United States should recognize the cri-
sis in Colombia and play a more pro-active role in
its resolution, including offering U.S. political sup-
port to help Colombia with the peace process;
(2) all extragovernmental combatant groups, in-
cluding the FARC, ELN, and AUC, should dem-
onstrate their commitment to peace by ceasing to
engage in violence, kidnapping, and cooperation with
the drug trade; and
(3) the United States should mobilize the inter-
national community to pro-actively engage in resolv-
ing the Colombian wars.
SEC. 711. SENSE OF THE HOUSE OF REPRESENTATIVES
CONCERNING HAITIAN ELECTIONS.
The House of Representatives supports the critically
important Haitian parliamentary and local elections
scheduled for November 1999 and urges the Department
of State to review embassy operations to ensure that the
119
HR 2415 PCS
embassy has sufficient personnel and resources necessary
to carry out its important responsibilities during the run-
up to the fall elections.
SEC. 712. SENSE OF THE CONGRESS COMMENDING THE
PEOPLE OF ISRAEL FOR REAFFIRMING THE
DEMOCRATIC IDEALS OF ISRAEL IN ITS
ELECTIONS.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Since its creation in 1948, Israel has ful-
filled the dreams of its founders who envisioned a
vigorous, open, and stable democracy.
(2) The centerpiece of Israeli democracy is its
system of competitive and free elections.
(3) On May 17, 1999, the Israeli people—
Israeli Jews and Israeli Arabs— went to the polls in
large numbers in a remarkably peaceful election.
(4) This election is only the latest example of
Israel’s commitment to the democratic ideals of free-
dom and pluralism, values that it shares with the
United States.
(b) SENSE OF THE CONGRESS.—The Congress—
(1) commends the people of Israel for reaffirm-
ing, in the May 17, 1999, election, its dedication to
democratic ideals;
120
HR 2415 PCS
(2) congratulates Ehud Barak on his election as
Prime Minister of Israel; and
(3) pledges to work with the President of the
United States and the new Government of Israel to
strengthen the bonds between the United States and
Israel and to advance the cause of peace in the Mid-
dle East.
SEC. 713. SENSE OF THE CONGRESS REGARDING THE SOV-
EREIGNTY OF TERRITORIES IN THE AEGEAN
SEA.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The maritime borders between Greece and
Turkey in the Aegean have been delimited in inter-
national law and are regarded as having been
agreed, established, and settled.
(2) A fundamental principle of international law
is that, once agreed, a boundary shall remain stable
and predictable.
(3) Turkey is claiming sovereignty to numerous
islands and islets and unspecified ‘‘gray areas’’ in
the Aegean Sea.
(4) In Article 15 of the Treaty of Peace with
Turkey, and Other Instruments, signed at Lausanne
on July 24, 1923, Turkey renounced in favor of
121
HR 2415 PCS
Italy all right, title, and interest of Turkey in the 12
enumerated island in the Dodecanese region that
were occupied at the time of the treaty by Italy, in-
cluding the Island of Calimnos, and the islets de-
pendent on such islands.
(5) The Convention Between Italy and Turkey
for the Delimitation of the Territorial Waters Be-
tween the Coasts of Anatolia and the Island of
Castellorizo, signed at Ankara on January 4, 1932,
established the rights of Italy and Turkey in coastal
islands, waters, and rocks in the Aegean Sea and de-
limited a maritime frontier between the two coun-
tries.
(6) A protocol dated December 28, 1932, an-
nexed to that Convention memorialized an agree-
ment on a water boundary between Italy and Turkey
which placed the Imia Islets under the sovereignty of
Italy.
(7) In Article 14 of the 1947 Paris Treaty of
Peace with Italy, Italy ceded to Greece the Dodeca-
nese Islands under Italy’s control, including the Is-
land of Calimnos and the adjacent Islets of Imia.
(8) By resolution dated February 15, 1996, the
European Parliament resolved that the water bound-
aries established in the Treaty of Lausanne of 1923
122
HR 2415 PCS
and the 1932 Convention Between Italy and Turkey,
including the protocol annexed to such Convention,
are the borders between Greece and Turkey.
(9) Greece, as the successor state to Italy under
the above-enumerated treaties, conventions, and pro-
tocols, acceded to sovereignty under the same trea-
ties, conventions, and protocols.
(10) Turkish Government claims to territories
in the Aegean delimited as Greek sovereign territory
under the above-enumerated treaties, conventions,
and protocols contravene these same treaties, con-
ventions, and treaties.
(11) Both Greece and Turkey are members of
the North Atlantic Treaty Organization (NATO)
and allies of the United States.
(12) It is in the interest of the United States
and other nations to have disputes resolved peace-
fully.
(13) The Eastern Mediterranean region, in
which the Aegean Sea is located, is a region of vital
strategic importance to the United States.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that—
(1) the water boundaries established in the
Treaty of Lausanne of 1923 and the 1932 Conven-
123
HR 2415 PCS
tion Between Italy and Turkey, including the Pro-
tocol annexed to such Convention, are the borders
between Greece and Turkey in the Aegean Sea; and
(2) any party, including Turkey, objecting to
these established boundaries should seek redress in
the International Court of Justice at The Hague.
SEC. 714. SENSE OF THE CONGRESS THAT THE PRESIDENT
SHOULD SEEK A PUBLIC RENUNCIATION BY
THE PEOPLE’S REPUBLIC OF CHINA OF ANY
USE OF FORCE, OR THREAT TO USE FORCE,
AGAINST TAIWAN, AND THAT THE UNITED
STATES SHOULD HELP TAIWAN IN CASE OF
THREATS OR A MILITARY ATTACK BY THE
PEOPLE’S REPUBLIC OF CHINA.
(a) FINDINGS.—The Congress makes the following
findings:
(1) In March of 1996, the political leadership
of the People’s Republic of China used provocative
military maneuvers, including missile launch exer-
cises in the Taiwan Strait, in an attempt to intimi-
date the people of Taiwan during their historic, free,
and democratic presidential elections.
(2) The People’s Republic of China refuses to
renounce the use of force against Taiwan.
124
HR 2415 PCS
(3) The House of Representatives passed a res-
olution by a vote of 411–0 in June 1998 urging the
President to seek, during his July 1998 summit
meeting in Beijing, a public renunciation by the Peo-
ple’s Republic of China of any use of force, or threat
of use of force, against democratic Taiwan.
(4) Senior United States executive branch offi-
cials have called upon the People’s Republic of
China to renounce the use of force against Taiwan.
(5) The use of force, and the threat to use
force, by the People’s Republic of China against Tai-
wan threatens peace and stability in the region.
(6) The Taiwan Relations Act, enacted in 1979,
states that ‘‘[i]t is the policy of the United States
. . . to consider any effort to determine the future
of Taiwan by other than peaceful means, including
by boycotts or embargoes, a threat to the peace and
security of the Western Pacific area and of grave
concern to the United States’’.
(7) The Taiwan Relations Act states that it is
the policy of the United States to provide Taiwan
with arms of a defensive character.
(b) SENSE OF THE CONGRESS.—
(1) The Congress commends the people of Tai-
wan for having established a democracy in Taiwan
125
HR 2415 PCS
over the past decades and repeatedly reaffirming
their dedication to democratic ideals.
(2) It is the sense of the Congress that—
(A) the President of the United States
should seek a public renunciation by the Peo-
ple’s Republic of China of any use of force, or
threat to use force, against Taiwan, especially
in Taiwan’s March 2000 free Presidential elec-
tions; and
(B) the United States should help Taiwan
defend itself in case of threats or a military at-
tack by the People’s Republic of China against
Taiwan.
SEC. 715. SENSE OF THE CONGRESS REGARDING SUPPORT
FOR THE IRAQI DEMOCRATIC OPPOSITION.
It is the sense of the Congress that the United States
Government should support the holding of a plenary ses-
sion of the Iraqi National Assembly in the near future.
SEC. 716. KOSOVAR ALBANIAN PRISONERS HELD IN SER-
BIA.
(a) FINDINGS.—The Congress makes the following
findings:
(1) At the conclusion of the NATO campaign to
halt the Serbian and Yugoslav ethnic cleansing in
Kosova, a large, but undetermined number of
126
HR 2415 PCS
Kosovar Albanians held in Serbian prisons in
Kosova were taken from Kosova before and during
the withdrawal of Serbian and Yugoslav police and
military forces from Kosova.
(2) 
Serbian 
Justice 
Minister 
Dragoljub
Jankovic has admitted that 1,860 prisoners were
brought to Serbia from Kosova on June 10, 1999,
the day Serbian and Yugoslav police and military
forces began their withdrawal from Kosova.
(3) International humanitarian organizations,
including the International Committee of the Red
Cross (ICRC) and Human Rights Watch, have ex-
pressed serious concern with the detention of
Kosovar Albanians in prisons in Serbia.
(4) On June 25, 1999, Serbia released 166 of
the detained Kosovar Albanian prisoners to the
ICRC.
(5) On July 10, 1999, the Parliamentary As-
sembly of the Organization for Security and Co-
operation in Europe, comprised of parliamentarians
from across Europe, the United States and Canada,
adopted a resolution calling upon Serbia and Yugo-
slavia, in accordance with international humani-
tarian law, to grant full, immediate and ongoing
ICRC access to all prisoners held in relation to the
127
HR 2415 PCS
Kosova crisis, to ensure the humane treatment of
such prisoners, and to arrange for the release of all
such prisoners.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that—
(1) the Serbian and Yugoslav Governments
should immediately account for all Kosovar Alba-
nians held in their prisons and treat them in accord-
ance with all applicable international standards;
(2) the ICRC should be given full, immediate,
and ongoing access to all Kosovar Albanians held in
Serbian and Yugoslav prisons; and
(3) all Kosovar Albanians held in Serbian and
Yugoslav prisons should be released and returned to
Kosova.
TITLE 
VIII—LIMITATION 
ON
PROCUREMENT OUTSIDE THE
UNITED STATES
SEC. 801. LIMITATION ON PROCUREMENT OUTSIDE THE
UNITED STATES.
Funds made available for assistance for fiscal year
2000 under the Foreign Assistance Act of 1961, the Arms
Export Control Act, or any other provision of law de-
scribed in this Act for which amounts are authorized to
be appropriated for such fiscal years, may be used for pro-
128
HR 2415 PCS
curement outside the United States or less developed
countries only if—
(1) such funds are used for the procurement of
commodities or services, or defense articles or de-
fense services, produced in the country in which the
assistance is to be provided, except that this para-
graph only applies if procurement in that country
would cost less than procurement in the United
States or less developed countries;
(2) the provision of such assistance requires
commodities or services, or defense articles or de-
fense services, of a type that are not produced in,
and available for purchase from, the United States,
less developed countries, or the country in which the
assistance is to be provided;
(3) the Congress has specifically authorized
procurement outside the United States or less devel-
oped countries; or
(4) the President determines on a case-by-case
basis that procurement outside the United States or
less developed countries would result in the more ef-
ficient use of United States foreign assistance re-
sources.
129
HR 2415 PCS
TITLE IX—GULF WAR VETERANS’
IRAQI CLAIMS PROTECTION
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Gulf War Veterans’
Iraqi Claims Protection Act of 1999’’.
SEC. 902. ADJUDICATION OF CLAIMS.
(a) CLAIMS AGAINST IRAQ.—The United States
Commission is authorized to receive and determine the va-
lidity and amounts of any claims by nationals of the
United States against the Government of Iraq. Such
claims must be submitted to the United States Commis-
sion within the period specified by such Commission by
notice published in the Federal Register. The United
States Commission shall certify to each claimant the
amount determined by the Commission to be payable on
the claim under this title.
(b) DECISION RULES.—In deciding claims under sub-
section (a), the United States Commission shall apply, in
the following order—
(1) applicable substantive law, including inter-
national law; and
(2) applicable principles of justice and equity.
(c) PRIORITY CLAIMS.—Before deciding any other
claim against the Government of Iraq, the United States
Commission shall, to the extent practical, decide all pend-
130
HR 2415 PCS
ing non-commercial claims of active, retired, or reserve
members of the United States Armed Forces, retired
former members of the United States Armed Forces, and
other individuals arising out of Iraq’s invasion and occupa-
tion of Kuwait or out of the 1987 attack on the USS
Stark.
(d) APPLICABILITY OF INTERNATIONAL CLAIMS SET-
TLEMENT ACT.—To the extent they are not inconsistent
with the provisions of this title, the provisions of title I
(other than section 902(c)) and title VII of the Inter-
national Claims Settlement Act of 1949 (22 U.S.C. 1621–
1627 and 1645–1645o) shall apply with respect to claims
under this title.
SEC. 903. CLAIMS FUNDS.
(a) IRAQ CLAIMS FUND.—The Secretary of the
Treasury is authorized to establish in the Treasury of the
United States a fund (hereafter in this title referred to
as the ‘‘Iraq Claims Fund’’) for payment of claims cer-
tified under section 902(a). The Secretary of the Treasury
shall cover into the Iraq Claims Fund such amounts as
are allocated to such fund pursuant to subsection (b).
(b) ALLOCATION OF PROCEEDS FROM IRAQI ASSET
LIQUIDATION.—
(1) IN GENERAL.—The President shall allocate
funds resulting from the liquidation of assets pursu-
131
HR 2415 PCS
ant to section 904 in the manner the President de-
termines appropriate between the Iraq Claims Fund
and such other accounts as are appropriate for the
payment of claims of the United States Government
against Iraq, subject to the limitation in paragraph
(2).
(2) LIMITATION.—The amount allocated pursu-
ant to this subsection for payment of claims of the
United States Government against Iraq may not ex-
ceed the amount which bears the same relation to
the amount allocated to the Iraq Claims Fund pur-
suant to this subsection as the sum of all certified
claims of the United States Government against
Iraq bears to the sum of all claims certified under
section 902(a). As used in this paragraph, the term
‘‘certified claims of the United States Government
against Iraq’’ means those claims of the United
States Government against Iraq which are deter-
mined by the Secretary of State to be outside the ju-
risdiction of the United Nations Commission and
which are determined to be valid, and whose amount
has been certified, under such procedures as the
President may establish.
132
HR 2415 PCS
SEC. 904. AUTHORITY TO VEST IRAQI ASSETS.
The President is authorized to vest and liquidate as
much of the assets of the Government of Iraq in the
United States that have been blocked pursuant to the
International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) as may be necessary to satisfy claims
under section 902(a), claims of the United States Govern-
ment against Iraq which are determined by the Secretary
of State to be outside the jurisdiction of the United Na-
tions Commission, and administrative expenses under sec-
tion 905.
SEC. 905. REIMBURSEMENT FOR ADMINISTRATIVE EX-
PENSES.
(a) DEDUCTION.—In order to reimburse the United
States Government for its expenses in administering this
title, the Secretary of the Treasury shall deduct 1.5 per-
cent of any amount covered into the Iraq Claims Fund
to satisfy claims under this title.
(b) DEDUCTIONS TREATED AS MISCELLANEOUS RE-
CEIPTS.—Amounts deducted pursuant to subsection (a)
shall be deposited in the Treasury of the United States
as miscellaneous receipts.
SEC. 906. PAYMENTS.
(a) IN GENERAL.—The United States Commission
shall certify to the Secretary of the Treasury each award
made pursuant to section 902. The Secretary of the Treas-
133
HR 2415 PCS
ury shall make payment, out of the Iraq Claims Fund,
in the following order of priority to the extent funds are
available in such fund:
(1) Payment of $10,000 or the principal
amount of the award, whichever is less.
(2) For each claim that has priority under sec-
tion 902(c), payment of an additional $90,000 to-
ward the unpaid balance of the principal amount of
the award.
(3) Payments from time to time in ratable pro-
portions on account of the unpaid balance of the
principal amounts of all awards according to the
proportions which the unpaid balance of such
awards bear to the total amount in the Iraq Claims
Fund that is available for distribution at the time
such payments are made.
(4) After payment has been made of the prin-
cipal amounts of all such awards, pro rata payments
on account of accrued interest on such awards as
bear interest.
(b) UNSATISFIED CLAIMS.—Payment of any award
made pursuant to this title shall not extinguish any
unsatisfied claim, or be construed to have divested any
claimant, or the United States on his or her behalf, of
134
HR 2415 PCS
any rights against the Government of Iraq with respect
to any unsatisfied claim.
SEC. 907. AUTHORITY TO TRANSFER RECORDS.
The head of any Executive agency may transfer or
otherwise make available to the United States Commission
such records and documents relating to claims authorized
to be determined under this title as may be required by
the United States Commission in carrying out its func-
tions under this title.
SEC. 908. STATUTE OF LIMITATIONS; DISPOSITION OF UN-
USED FUNDS.
(a) STATUTE
OF LIMITATIONS.—Any demand or
claim for payment on account of an award that is certified
under this title shall be barred on and after the date that
is 1 year after the date of publication of the notice re-
quired by subsection (b).
(b) PUBLICATION OF NOTICE.—
(1) IN GENERAL.—At the end of the 9-year pe-
riod specified in paragraph (2), the Secretary of the
Treasury shall publish a notice in the Federal Reg-
ister detailing the statute of limitations provided for
in subsection (a) and identifying the claim numbers
of, and the names of the claimants holding, unpaid
certified claims.
135
HR 2415 PCS
(2) PUBLICATION DATE.—The notice required
by paragraph (1) shall be published 9 years after the
last date on which the Secretary of the Treasury
covers into the Iraq Claims Fund amounts allocated
to that fund pursuant to section 903(b).
(c) DISPOSITION OF UNUSED FUNDS.—
(1) DISPOSITION.—At the end of the 2-year pe-
riod beginning on the publication date of the notice
required by subsection (b), the Secretary of the
Treasury shall dispose of all unused funds described
in paragraph (2) by depositing in the Treasury of
the United States as miscellaneous receipts any such
funds that are not used for payments of certified
claims under this title.
(2) UNUSED
FUNDS.—The unused funds re-
ferred to in paragraph (1) are any remaining bal-
ance in the Iraq Claims Fund.
SEC. 909. DEFINITIONS.
As used in this title:
(1) EXECUTIVE AGENCY.—The term ‘‘Executive
agency’’ has the meaning given that term by section
105 of title 5, United States Code.
(2) GOVERNMENT OF IRAQ.—The term ‘‘Gov-
ernment of Iraq’’ includes agencies, instrumental-
136
HR 2415 PCS
ities, and entities controlled by that government (in-
cluding public sector enterprises).
(3) UNITED NATIONS COMMISSION.—The term
‘‘United Nations Commission’’ means the United
Nations Compensation Commission established pur-
suant to United Nations Security Council Resolution
687 (1991).
(4) UNITED
STATES
COMMISSION.—The term
‘‘United States Commission’’ means the Foreign
Claims Settlement Commission of the United States.
DIVISION B—SECURITY
ASSISTANCE PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ‘‘Security Assist-
ance Act of 1999’’.
TITLE XI—TRANSFERS OF
EXCESS DEFENSE ARTICLES
SEC. 1101. EXCESS DEFENSE ARTICLES FOR CENTRAL EU-
ROPEAN COUNTRIES.
Section 105 of Public Law 104–164 (110 Stat. 1427)
is amended by striking ‘‘1996 and 1997’’ and inserting
‘‘2000 and 2001’’.
137
HR 2415 PCS
SEC. 1102. EXCESS DEFENSE ARTICLES FOR CERTAIN INDE-
PENDENT STATES OF THE FORMER SOVIET
UNION.
(a) USES FOR WHICH FUNDS ARE AVAILABLE.—
Notwithstanding section 516(e) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(e)), during each of the fiscal
years 2000 and 2001, funds available to the Department
of Defense may be expended for crating, packing, han-
dling, and transportation of excess defense articles trans-
ferred under the authority of section 516 of that Act to
Georgia, 
Kazakhstan, 
Kyrgyzstan, 
Moldova,
Turkmenistan, Ukraine, and Uzbekistan.
(b) CONTENT OF CONGRESSIONAL NOTIFICATION.—
Each notification required to be submitted under section
516(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(f)) with respect to a proposed transfer of a defense
article described in subsection (a) shall include an esti-
mate of the amount of funds to be expended under sub-
section (a) with respect to that transfer.
TITLE XII—FOREIGN MILITARY
SALES AUTHORITIES
SEC. 1201. TERMINATION OF FOREIGN MILITARY FINANCED
TRAINING.
Section 617 of the Foreign Assistance Act of 1961
(22 U.S.C. 2367) is amended—
138
HR 2415 PCS
(1) by inserting in the second sentence ‘‘and the
Arms Export Control Act’’ after ‘‘under this Act’’
the first place it appears;
(2) by striking ‘‘under this Act’’ the second
place it appears; and
(3) by inserting in the third sentence ‘‘and
under the Arms Export Control Act’’ after ‘‘this
Act’’.
SEC. 1202. SALES OF EXCESS COAST GUARD PROPERTY.
Section 21(a)(1) of the Arms Export Control Act (22
U.S.C. 2761(a)(1)) is amended in the text above subpara-
graph (A) by inserting ‘‘and the Coast Guard’’ after ‘‘De-
partment of Defense’’.
SEC. 1203. COMPETITIVE PRICING FOR SALES OF DEFENSE
ARTICLES.
Section 22(d) of the Arms Export Control Act (22
U.S.C. 2762(d)) is amended—
(1) by striking ‘‘Procurement contracts’’ and
inserting ‘‘(1) Procurement contracts’’; and
(2) by adding at the end the following:
‘‘(2) Direct costs associated with meeting additional
or unique requirements of the purchaser shall be allowable
under contracts described in paragraph (1). Loadings ap-
plicable to such direct costs shall be permitted at the same
139
HR 2415 PCS
rates applicable to procurement of like items purchased
by the Department of Defense for its own use.’’.
SEC. 1204. REPORTING OF OFFSET AGREEMENTS.
(a) GOVERNMENT-TO-GOVERNMENT
SALES.—Sec-
tion 36(b)(1) of the Arms Export Control Act (22 U.S.C.
2776(b)(1)) is amended in the fourth sentence by striking
‘‘(if known on the date of transmittal of such certifi-
cation)’’ and inserting ‘‘and, if known on the date of trans-
mittal of such certification, a description of the offset
agreement. Such description may be included in the classi-
fied portion of such numbered certification’’.
(b) COMMERCIAL SALES.—Section 36(c)(1) of the
Arms Export Control Act (22 U.S.C. 2776(c)(1)) is
amended in the second sentence by striking ‘‘(if known
on the date of transmittal of such certification)’’ and in-
serting ‘‘and, if known on the date of transmittal of such
certification, a description of the offset agreement. Such
description may be included in the classified portion of
such numbered certification’’.
SEC. 1205. NOTIFICATION OF UPGRADES TO DIRECT COM-
MERCIAL SALES.
Section 36(c) of the Arms Export Control Act (22
U.S.C. 2776(c)) is amended by adding at the end the fol-
lowing new paragraph:
140
HR 2415 PCS
‘‘(4) The provisions of subsection (b)(5) shall apply
to any equipment, article, or service for which a numbered
certification has been transmitted to Congress pursuant
to paragraph (1) in the same manner and to the same
extent as that subsection applies to any equipment, article,
or service for which a numbered certification has been
transmitted to Congress pursuant to subsection (b)(1).
For purposes of such application, any reference in sub-
section (b)(5) to ‘a letter of offer’ or ‘an offer’ shall be
deemed to be a reference to ‘a contract’.’’.
SEC. 1206. EXPANDED PROHIBITION ON INCENTIVE PAY-
MENTS.
(a) IN GENERAL.—Section 39A(a) of the Arms Ex-
port Control Act (22 U.S.C. 2779a(a)) is amended—
(1) by inserting ‘‘or licensed’’ after ‘‘sold’’; and
(2) by inserting ‘‘or export’’ after ‘‘sale’’.
(b) DEFINITION OF UNITED STATES PERSON.—Sec-
tion 39A(d)(3)(B)(ii) of the Arms Export Control Act (22
U.S.C. 2779a(d)(3)(B)(ii)) is amended by inserting ‘‘or by
an entity described in clause (i)’’ after ‘‘subparagraph
(A)’’.
SEC. 1207. ADMINISTRATIVE FEES FOR LEASING OF DE-
FENSE ARTICLES.
Section 61(a) of the Arms Export Control Act (22
U.S.C. 2796(a)) is amended in paragraph (4) of the first
141
HR 2415 PCS
sentence by inserting after ‘‘including reimbursement for
depreciation of such articles while leased,’’ the following:
‘‘a fee for the administrative services associated with proc-
essing such leasing,’’.
TITLE 
XIII—STOCKPILING 
OF
DEFENSE ARTICLES FOR FOR-
EIGN COUNTRIES
SEC. 1301. ADDITIONS TO UNITED STATES WAR RESERVE
STOCKPILES FOR ALLIES.
Paragraph (2) of section 514(b) of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2321h(b)(2)) is amended
to read as follows:
‘‘(2)(A) The value of such additions to stock-
piles of defense articles in foreign countries shall not
exceed $340,000,000 for fiscal year 1999 and
$60,000,000 for fiscal year 2000.
‘‘(B)(i) Of the amount specified in subpara-
graph (A) for fiscal year 1999, not more than
$320,000,000 may be made available for stockpiles
in the Republic of Korea and not more than
$20,000,000 may be made available for stockpiles in
Thailand.
‘‘(ii) Of the amount specified in subparagraph
(A) for fiscal year 2000, not more than $40,000,000
may be made available for stockpiles in the Republic
142
HR 2415 PCS
of Korea and not more than $20,000,000 may be
made available for stockpiles in Thailand.’’.
SEC. 1302. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS
DEFENSE ARTICLES IN THE WAR RESERVES
STOCKPILE FOR ALLIES.
(a) ITEMS IN THE KOREAN STOCKPILE.—
(1) IN GENERAL.—Notwithstanding section 514
of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h), the President is authorized 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) COVERED ITEMS.—The items referred to in
paragraph (1) are munitions, equipment, and mate-
rial such as tanks, trucks, artillery, mortars, general
purpose bombs, repair parts, ammunition, barrier
material, and ancillary equipment, if such items
are—
(A) obsolete or surplus items;
(B) in the inventory of the Department of
Defense;
(C) intended for use as reserve stocks for
the Republic of Korea; and
143
HR 2415 PCS
(D) as of the date of the enactment of this
Act, located in a stockpile in the Republic of
Korea.
(b) ITEMS IN THE THAILAND STOCKPILE.—
(1) IN GENERAL.—Notwithstanding section 514
of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h), the President is authorized to transfer to
Thailand, 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 in the
WRS–T stockpile described in paragraph (2).
(2) COVERED ITEMS.—The items referred to in
paragraph (1) are munitions, equipment, and mate-
rial such as tanks, trucks, artillery, mortars, general
purpose bombs, repair parts, ammunition, barrier
material, and ancillary equipment, if such items
are—
(A) obsolete or surplus items;
(B) in the inventory of the Department of
Defense;
(C) intended for use as reserve stocks for
Thailand; and
(D) as of the date of the enactment of this
Act, located in a stockpile in Thailand.
144
HR 2415 PCS
(c) VALUATION OF CONCESSIONS.—The value of con-
cessions negotiated pursuant to subsections (a) and (b)
shall be at least equal to the fair market value of the items
transferred. The concessions may include cash compensa-
tion, services, waiver of charges otherwise payable by the
United States, and other items of value.
(d) PRIOR NOTIFICATIONS OF PROPOSED TRANS-
FERS.—Not less 30 days before making a transfer under
the authority of this section, the President shall transmit
to the chairmen of the Committee on Foreign Relations
of the Senate and the Committee on International Rela-
tions of the House of Representatives a detailed notifica-
tion of the proposed transfer, which shall include an iden-
tification of the items to be transferred and the conces-
sions to be received.
(e) TERMINATION OF AUTHORITY.—No transfer may
be made under the authority of this section more than 3
years after the date of the enactment of this Act.
TITLE 
XIV—INTERNATIONAL
ARMS SALES CODE OF CON-
DUCT ACT OF 1999
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘International Arms
Sales Code of Conduct Act of 1999’’.
145
HR 2415 PCS
SEC. 1402. FINDINGS.
The Congress finds the following:
(1) The proliferation of conventional arms and
conflicts around the globe are multilateral problems.
The only way to effectively prevent rogue nations
from acquiring conventional weapons is through a
multinational ‘‘arms sales code of conduct’’.
(2) Approximately 40,000,000 people, over 75
percent of whom were civilians, died as a result of
civil and international wars fought with conventional
weapons during the 45 years of the cold war, dem-
onstrating that conventional weapons can in fact be
weapons of mass destruction.
(3) Conflict has actually increased in the post
cold war era.
(4) It is in the national security and economic
interests of the United States to reduce dramatically
the $840,000,000,000 that all countries spend on
armed forces every year, $191,000,000,000 of which
is spent by developing countries, an amount equiva-
lent to 4 times the total bilateral and multilateral
foreign assistance such countries receive every year.
(5) The Congress has the constitutional respon-
sibility to participate with the executive branch in
decisions to provide military assistance and arms
transfers to a foreign government, and in the formu-
146
HR 2415 PCS
lation of a policy designed to reduce dramatically the
level of international militarization.
(6) A decision to provide military assistance
and arms transfers to a government that is undemo-
cratic, does not adequately protect human rights, or
is currently engaged in acts of armed aggression
should require a higher level of scrutiny than does
a decision to provide such assistance and arms
transfers to a government to which these conditions
do not apply.
SEC. 1403. INTERNATIONAL ARMS SALES CODE OF CON-
DUCT.
(a) NEGOTIATIONS.—The President shall attempt to
achieve the foreign policy goal of an international arms
sales code of conduct with all Wassenaar Arrangement
countries. The President shall take the necessary steps to
begin negotiations with all Wassenaar Arrangement coun-
tries within 120 days after the date of the enactment of
this Act. The purpose of these negotiations shall be to con-
clude an agreement on restricting or prohibiting arms
transfers to countries that do not meet the following cri-
teria:
(1) PROMOTES DEMOCRACY.—The government
of the country—
147
HR 2415 PCS
(A) was chosen by and permits free and
fair elections;
(B) promotes civilian control of the mili-
tary and security forces and has civilian institu-
tions controlling the policy, operation, and
spending of all law enforcement and security in-
stitutions, as well as the armed forces;
(C) promotes the rule of law, equality be-
fore the law, and respect for individual and mi-
nority rights, including freedom to speak, pub-
lish, associate, and organize; and
(D) promotes the strengthening of polit-
ical, legislative, and civil institutions of democ-
racy, as well as autonomous institutions to
monitor the conduct of public officials and to
combat corruption.
(2) RESPECTS
HUMAN
RIGHTS.—The govern-
ment of the country—
(A) does not engage in gross violations of
internationally 
recognized 
human 
rights,
including—
(i) extra judicial or arbitrary execu-
tions;
(ii) disappearances;
(iii) torture or severe mistreatment;
148
HR 2415 PCS
(iv) prolonged arbitrary imprisonment;
(v) systematic official discrimination
on the basis of race, ethnicity, religion,
gender, national origin, or political affili-
ation; and
(vi) grave breaches of international
laws of war or equivalent violations of the
laws of war in internal conflicts;
(B) vigorously investigates, disciplines, and
prosecutes those responsible for gross violations
of internationally recognized human rights;
(C) permits access on a regular basis to
political prisoners by international humani-
tarian organizations such as the International
Committee of the Red Cross;
(D) promotes the independence of the judi-
ciary and other official bodies that oversee the
protection of human rights;
(E) does not impede the free functioning of
domestic and international human rights orga-
nizations; and
(F) provides access on a regular basis to
humanitarian organizations in situations of con-
flict or famine.
149
HR 2415 PCS
(3) NOT ENGAGED IN CERTAIN ACTS OF ARMED
AGGRESSION.—The government of the country is not
currently engaged in acts of armed aggression in
violation of international law.
(4) FULL PARTICIPATION IN UNITED NATIONS
REGISTER OF CONVENTIONAL ARMS.—The govern-
ment of the country is fully participating in the
United Nations Register of Conventional Arms.
(b) REPORTS TO CONGRESS.—(1) In the report re-
quired in sections 116(d) and 502B of the Foreign Assist-
ance Act of 1961, the Secretary of State shall describe
the extent to which the practices of each country evaluated
meet the criteria in paragraphs (1) through (4) of sub-
section (a).
(2) Not later than 6 months after the commencement
of the negotiations under subsection (a), and not later
than the end of every 6-month period thereafter until an
agreement described in subsection (a) is concluded, the
President shall report to the appropriate committees of the
Congress on the progress made during these negotiations.
(c) DEFINITION.—The term ‘‘Wassenaar Arrange-
ment countries’’ means Argentina, Australia, Austria, Bel-
gium, Bulgaria, Canada, the Czech Republic, Denmark,
Finland, France, Germany, Greece, Hungary, Ireland,
Italy, Japan, Luxembourg, Netherlands, New Zealand,
150
HR 2415 PCS
Norway, Poland, Portugal, the Republic of Korea, Roma-
nia, Russia, Slovakia, Spain, Sweden, Switzerland, Tur-
key, Ukraine, and the United Kingdom.
TITLE XV—AUTHORITY TO EX-
EMPT INDIA AND PAKISTAN
FROM CERTAIN SANCTIONS
SEC. 1501. WAIVER AUTHORITY.
(a) AUTHORITY.—
(1) IN GENERAL.—Except as provided in sub-
section (b), the President may waive, with respect to
India or Pakistan, the application of any sanction or
prohibition (or portion thereof) contained in section
101 or 102 of the Arms Export Control Act (22
U.S.C. 2799aa or 2799aa–1), section 620E(e) of the
Foreign Assistance Act of 1961 (22 U.S.C.
2375(e)), or section 2(b)(4) of the Export Import
Bank Act of 1945 (12 U.S.C. 635(b)(4)).
(2) EFFECTIVE DATE.—A waiver of the applica-
tion of a sanction or prohibition (or portion thereof)
under paragraph (1) shall be effective only for a pe-
riod ending on or before September 30, 2000.
(b) EXCEPTION.—The authority to waive the applica-
tion of a sanction or prohibition (or portion thereof) under
subsection (a) shall not apply with respect to a sanction
151
HR 2415 PCS
or prohibition contained in subparagraph (B), (C), or (G)
of section 102(b)(2) of the Arms Export Control Act.
(c) NOTIFICATION.—A waiver of the application of a
sanction or prohibition (or portion thereof) contained in
section 541 of the Foreign Assistance Act of 1961 shall
not become effective until 15 days after notice of such
waiver has been reported to the congressional committees
specified in section 634A(a) of such Act in accordance
with the procedures applicable to reprogramming notifica-
tions under that section.
SEC. 1502. CONSULTATION.
Prior to each exercise of the authority provided in
section 1501, the President shall consult with the appro-
priate congressional committees.
SEC. 1503. REPORTING REQUIREMENT.
Not later than August 31, 2000, the Secretary of
State shall prepare and submit to the appropriate congres-
sional committees a report on economic and national secu-
rity developments in India and Pakistan.
SEC. 1504. APPROPRIATE CONGRESSIONAL COMMITTEES
DEFINED.
In this title, the term ‘‘appropriate congressional
committees’’ means—
152
HR 2415 PCS
(1) the Committee on International Relations
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.
TITLE 
XVI—TRANSFER 
OF
NAVAL VESSELS TO CERTAIN
FOREIGN COUNTRIES
SEC. 1601. AUTHORITY TO TRANSFER NAVAL VESSELS.
(a) DOMINICAN REPUBLIC.—The Secretary of the
Navy is authorized to transfer to the Government of the
Dominican Republic the medium auxiliary floating dry
dock AFDM 2. Such transfer shall be on a grant basis
under section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j).
(b) ECUADOR.—The Secretary of the Navy is author-
ized to transfer to the Government of Ecuador the ‘‘OAK
RIDGE’’ class medium auxiliary repair dry dock
ALAMOGORDO (ARDM 2). Such transfer shall be on a
sales basis under section 21 of the Arms Export Control
Act (22 U.S.C. 2761).
(c) EGYPT.—The Secretary of the Navy is authorized
to transfer to the Government of Egypt the ‘‘NEWPORT’’
class tank landing ships BARBOUR COUNTY (LST
1195) and PEORIA (LST 1183). Such transfers shall be
153
HR 2415 PCS
on a sales basis under section 21 of the Arms Export Con-
trol Act (22 U.S.C. 2761).
(d) GREECE.—(1) The Secretary of the Navy is au-
thorized to transfer to the Government of Greece the
‘‘KNOX’’ class frigate CONNOLE (FF 1056). Such
transfer shall be on a grant basis under section 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(2) The Secretary of the Navy is authorized to trans-
fer to the Government of Greece the medium auxiliary
floating dry dock COMPETENT (AFDM 6). Such trans-
fer shall be on a sales basis under section 21 of the Arms
Export Control Act (22 U.S.C. 2761).
(e) MEXICO.—The Secretary of the Navy is author-
ized to transfer to the Government of Mexico the ‘‘NEW-
PORT’’ class tank landing ship NEWPORT (LST 1179)
and the ‘‘KNOX’’ class frigate WHIPPLE (FF 1062).
Such transfers shall be on a sales basis under section 21
of the Arms Export Control Act (22 U.S.C. 2761).
(f) POLAND.—The Secretary of the Navy is author-
ized to transfer to the Government of Poland the ‘‘OLI-
VER HAZARD PERRY’’ class guided missile frigate
CLARK (FFG 11). Such transfer shall be on a grant basis
under section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j).
154
HR 2415 PCS
(g) TAIWAN.—The Secretary of the Navy is author-
ized to transfer to the Taipei Economic and Cultural Rep-
resentative Office in the United States (which is the Tai-
wan instrumentality designated pursuant to section 10(a)
of the Taiwan Relations Act) the ‘‘NEWPORT’’ class
tank landing ship SCHENECTADY (LST 1185). Such
transfer shall be on a sales basis under section 21 of the
Arms Export Control Act (22 U.S.C. 2761).
(h) THAILAND.—The Secretary of the Navy is au-
thorized to transfer to the Government of Thailand the
‘‘KNOX’’ class frigate TRUETT (FF 1095). Such trans-
fer shall be on a grant basis under section 516 of the For-
eign Assistance Act of 1961 (22 U.S.C. 2321j).
(i) TURKEY.—The Secretary of the Navy is author-
ized to transfer to the Government of Turkey the ‘‘OLI-
VER HAZARD PERRY’’ class guided missile frigates
FLATLEY (FFG 21) and JOHN A. MOORE (FFG 19).
Such transfers shall be on a sales basis under section 21
of the Arms Export Control Act (22 U.S.C. 2761).
SEC. 1602. INAPPLICABILITY OF AGGREGATE ANNUAL LIMI-
TATION ON VALUE OF TRANSFERRED EXCESS
DEFENSE ARTICLES.
The value of a vessel transferred to another country
on a grant basis under section 516 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2321j) pursuant to authority
155
HR 2415 PCS
provided by section 1601 shall not be counted for the pur-
poses of section 516(g) of the Foreign Assistance Act of
1961 in the aggregate value of excess defense articles
transferred to countries under that section in any fiscal
year.
SEC. 1603. COSTS OF TRANSFERS.
Any expense incurred by the United States in connec-
tion with a transfer of a vessel authorized by section 1601
shall be charged to the recipient.
SEC. 1604. EXPIRATION OF AUTHORITY.
The authority to transfer vessels under section 1601
shall expire at the end of the 2-year period beginning on
the date of the enactment of this Act.
SEC. 1605. REPAIR AND REFURBISHMENT OF VESSELS IN
UNITED STATES SHIPYARDS.
The Secretary of the Navy shall require, to the max-
imum extent possible, as a condition of a transfer of a
vessel under section 1601, that the country to which the
vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval
forces of that country, performed at a shipyard located
in the United States, including a United States Navy ship-
yard.
156
HR 2415 PCS
SEC. 1606. SENSE OF THE CONGRESS RELATING TO TRANS-
FER OF NAVAL VESSELS AND AIRCRAFT TO
THE GOVERNMENT OF THE PHILIPPINES.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that—
(1) the President should transfer to the Govern-
ment of the Philippines, on a grant basis under sec-
tion 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j), the excess defense articles described
in subsection (b); and
(2) the United States should not oppose the
transfer of F–5 aircraft by a third country to the
Government of the Philippines.
(b) EXCESS DEFENSE ARTICLES.—The excess de-
fense articles described in this subsection are the fol-
lowing:
(1) UH–1 helicopters, A–4 aircraft, and the
‘‘POINT’’ 
class 
Coast 
Guard 
cutter 
POINT
EVANS.
(2) Amphibious landing craft, naval patrol ves-
sels (including patrol vessels of the Coast Guard),
and other naval vessels (such as frigates), if such
vessels are available.
157
HR 2415 PCS
TITLE XVII—MISCELLANEOUS
PROVISIONS
SEC. 1701. ANNUAL MILITARY ASSISTANCE REPORTS.
Section 655(b) of the Foreign Assistance Act of 1961
(22 U.S.C. 2415(b)) is amended to read as follows:
‘‘(b) INFORMATION RELATING TO MILITARY ASSIST-
ANCE AND MILITARY EXPORTS.—Each such report shall
show the aggregate dollar value and quantity of defense
articles (including excess defense articles), defense serv-
ices, and international military education and training ac-
tivities authorized by the United States and of such arti-
cles, services, and activities provided by the United States,
excluding any activity that is reportable under title V of
the National Security Act of 1947, to each foreign country
and international organization. The report shall specify,
by category, whether such defense articles—
‘‘(1) were furnished by grant under chapter 2
or chapter 5 of part II of this Act or under any
other authority of law or by sale under chapter 2 of
the Arms Export Control Act;
‘‘(2) were furnished with the financial assist-
ance of the United States Government, including
through loans and guarantees; or
‘‘(3) were licensed for export under section 38
of the Arms Export Control Act.’’.
158
HR 2415 PCS
SEC. 1702. PUBLICATION OF ARMS SALES CERTIFICATIONS.
Section 36 of the Arms Export Control Act (22
U.S.C. 2776) is amended in the second subsection (e) (as
added by section 155 of Public Law 104–164)—
(1) by inserting ‘‘in a timely manner’’ after ‘‘to
be published’’; and
(2) by striking ‘‘the full unclassified text of’’
and all that follows and inserting the following: ‘‘the
full unclassified text of—
‘‘(1) each numbered certification submitted pur-
suant to subsection (b);
‘‘(2) each notification of a proposed commercial
sale submitted under subsection (c); and
‘‘(3) each notification of a proposed commercial
technical assistance or manufacturing licensing
agreement submitted under subsection (d).’’.
SEC. 1703. NOTIFICATION REQUIREMENTS FOR COMMER-
CIAL EXPORT OF SIGNIFICANT MILITARY
EQUIPMENT ON UNITED STATES MUNITIONS
LIST.
(a) NOTIFICATION REQUIREMENT.—Section 38 of
the Arms Export Control Act (22 U.S.C. 2778) is amend-
ed by adding at the end the following:
‘‘(i) As prescribed in regulations issued under this
section, a United States person to whom a license has been
granted to export an item identified as significant military
159
HR 2415 PCS
equipment on the United States Munitions List shall, not
later than 15 days after the item is exported, submit to
the Department of State a report containing all shipment
information, including a description of the item and the
quantity, value, port of exit, and destination of the item.’’.
(b) QUARTERLY REPORTS TO CONGRESS.—Section
36(a) of the Arms Export Control Act (22 U.S.C.
2776(a)) is amended—
(A) in paragraph (11), by striking ‘‘and’’
at the end;
(B) in paragraph (12), by striking ‘‘third-
party transfers.’’ and inserting ‘‘third-party
transfers; and’’; and
(C) by adding after paragraph (12) (but
before the last sentence of the subsection), the
following:
‘‘(13) a report on all exports of significant mili-
tary equipment for which information has been pro-
vided pursuant to section 38(i).’’.
SEC. 1704. ENFORCEMENT OF ARMS EXPORT CONTROL
ACT.
The Arms Export Control Act (22 U.S.C. 2751 et
seq.) is amended in sections 38(e), 39A(c), and 40(k) by
inserting after ‘‘except that’’ each place it appears the fol-
lowing: ‘‘section 11(c)(2)(B) of such Act shall not apply,
160
HR 2415 PCS
and instead, as prescribed in regulations issued under this
section, the Secretary of State may assess civil penalties
for violations of this Act and regulations prescribed there-
under and further may commence a civil action to recover
such civil penalties, and except further that’’.
SEC. 1705. VIOLATIONS RELATING TO MATERIAL SUPPORT
TO TERRORISTS.
Section 38(g)(1)(A)(iii) of the Arms Export Control
Act (22 U.S.C. 2778(g)(1)(A)(iii)) is amended by adding
at the end before the comma the following: ‘‘or section
2339A of such title (relating to providing material support
to terrorists)’’.
SEC. 1706. AUTHORITY TO CONSENT TO THIRD PARTY
TRANSFER OF EX-U.S.S. BOWMAN COUNTY TO
USS LST SHIP MEMORIAL, INC.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) It is the long-standing policy of the United
States Government to deny requests for the re-
transfer of significant military equipment that origi-
nated in the United States to private entities.
(2) In very exceptional circumstances, when the
United States public interest would be served by the
proposed retransfer and end-use, such requests may
be favorably considered.
161
HR 2415 PCS
(3) Such retransfers to private entities have
been authorized in very exceptional circumstances
following appropriate demilitarization and receipt of
assurances from the private entity that the item to
be transferred would be used solely in furtherance of
Federal Government contracts or for static museum
display.
(4) Nothing in this section should be construed
as a revision of long-standing policy referred to in
paragraph (1).
(5) The Government of Greece has requested
the consent of the United States Government to the
retransfer of HS Rodos (ex-U.S.S. Bowman County
(LST 391)) to the USS LST Ship Memorial, Inc.
(b) AUTHORITY TO CONSENT TO RETRANSFER.—
(1) IN GENERAL.—Subject to paragraph (2),
the President may consent to the retransfer by the
Government of Greece of HS Rodos (ex-U.S.S. Bow-
man County (LST 391)) to the USS LST Ship Me-
morial, Inc.
(2) CONDITIONS FOR CONSENT.—The President
should not exercise the authority under paragraph
(1) unless USS LST Memorial, Inc.—
(A) utilizes the vessel for public, nonprofit,
museum-related purposes;
162
HR 2415 PCS
(B) submits a certification with the import
application that no firearms frames or receivers,
ammunition, or other firearms as defined in
section 5845 of the National Firearms Act (26
U.S.C. 5845) will be imported with the vessel;
and
(C) complies with regulatory policy re-
quirements related to the facilitation of moni-
toring by the Federal Government of, and the
mitigation of potential environmental hazards
associated with, aging vessels, and has a dem-
onstrated financial capability to so comply.
SEC. 1707. EXCEPTIONS RELATING TO PROHIBITIONS ON
ASSISTANCE TO COUNTRIES INVOLVED IN
TRANSFER OR USE OF NUCLEAR EXPLOSIVE
DEVICES.
(a) IN GENERAL.—Section 2 of the Agriculture Ex-
port Relief Act of 1998 (Public Law 105–194; 112 Stat.
627) is amended—
(1) by striking subsection (d); and
(2) by striking the second sentence of sub-
section (e).
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
163
HR 2415 PCS
ment of this Act or September 30, 1999, whichever occurs
earlier.
SEC. 1708. CONTINUATION OF THE EXPORT CONTROL REG-
ULATIONS UNDER IEEPA.
To the extent that the President exercises the au-
thorities of the International Emergency Economic Pow-
ers Act to carry out the provisions of the Export Adminis-
tration Act of 1979 in order to continue in full force and
effect the export control system maintained by the Export
Administration regulations issued under that Act, includ-
ing regulations issued under section 8 of that Act, the fol-
lowing shall apply:
(1) The penalties for violations of the regula-
tions continued pursuant to the International Emer-
gency Economic Powers Act shall be the same as the
penalties for violations under section 11 of the Ex-
port Administration Act of 1979, as if that section
were amended—
(A) by amending subsection (a) to read as
follows:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), whoever knowingly violates or conspires to or attempts
to violate any provision of this Act or any license, order,
or regulation issued under this Act—
164
HR 2415 PCS
‘‘(1) except in the case of an individual, shall be
fined not more than $500,000 or 5 times the value
of any exports involved, whichever is greater; and
‘‘(2) in the case of an individual, shall be fined
not more than $250,000 or 5 times the value of any
exports involved, whichever is greater, or imprisoned
not more than 5 years, or both.’’;
(B) in subsection (b)—
(i) in paragraphs (1)(A) and (2)(A)
by striking ‘‘five times’’ and inserting ‘‘10
times’’;
(ii) in paragraph (1)(B) by striking
‘‘$250,000’’ and inserting ‘‘$500,000’’;
and
(iii) in paragraph (2)(B) by striking
‘‘$250,000, or imprisoned not more than 5
years’’ and inserting ‘‘$500,000, or impris-
oned not more than 10 years’’;
(C) in subsection (c)(1)—
(i) by striking ‘‘$10,000’’ and insert-
ing ‘‘$250,000’’; and
(ii) by striking ‘‘except that the civil
penalty’’ and all that follows through the
end of the paragraph and inserting ‘‘except
that the civil penalty for a violation of the
165
HR 2415 PCS
regulations issued pursuant to section 8
may not exceed $50,000.’’; and
(D) in subsection (h)(1), by inserting after
‘‘Arms Export Control Act (22 U.S.C. 2778)’’
the following: ‘‘section 16 of the Trading with
the enemy Act (50 U.S.C. 16), or, to the extent
the violation involves the export of goods or
technology controlled under this or any other
Act or defense articles or defense services con-
trolled under the Arms Export Control Act, sec-
tion 371 or 1001 of title 18, United States
Code,’’.
(2) The authorities set forth in section 12(a) of
the Export Administration Act of 1979 may be exer-
cised in carrying out the regulations continued pur-
suant to the International Emergency Economic
Powers Act.
(3) The provisions of sections 12(c) and 13 of
the Export Administration Act of 1979 shall apply
in carrying out the regulations continued pursuant
to the International Emergency Economic Powers
Act.
(4) The continuation of the provisions of the
Export Administration Regulations pursuant to the
International Emergency Economic Powers Act shall
166
HR 2415 PCS
not be construed as not having satisfied the require-
ments of that Act.
Passed the House of Representatives July 21, 1999.
Attest:
JEFF TRANDAHL,
Clerk.