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‘‘(A) the extent to which the government of
the foreign country is cooperating with the
United States Government in apprehending,
convicting, and punishing the individual or indi-
viduals responsible for the act; and
‘‘(B) the extent to which the government
of the foreign country is cooperating in prevent-
ing further acts of terrorism against United
States citizens in the foreign country; and
‘‘(4) with respect to each foreign country from
which the United States Government has sought co-
operation during the previous five years in the pre-
vention of an act of international terrorism against
such citizens or interests, the information described
in paragraph (3)(B).’’; and
(2) in subsection (c)—
(A) by striking ‘‘The report’’ and inserting
‘‘(1) Except as provided in paragraph (2), the
report’’;
(B) by indenting the margin of paragraph
(1) as so designated, 2 ems; and
(C) by adding at the end the following:
‘‘(2) If the Secretary of State determines that
the transmittal of the information with respect to a
foreign country under paragraph (3) or (4) of sub-
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section (a) in classified form would make more likely
the cooperation of the government of the foreign
country as specified in such paragraph, the Sec-
retary may transmit the information under such
paragraph in classified form.’’.
FEMALE GENITAL MUTILATION
SEC. 579. (a) LIMITATION.—Beginning 1 year
after the date of the enactment of this Act, the Secretary
of the Treasury shall instruct the United States Execu-
tive Director of each international financial institution to
use the voice and vote of the United States to oppose any
loan or other utilization of the funds of their respective
institution, other than to address basic human needs, for
the government of any country which the Secretary of the
Treasury determines—
(1) has, as a cultural custom, a known history
of the practice of female genital mutilation; and
(2) has not taken steps to implement edu-
cational programs designed to prevent the practice
of female genital mutilation.
(B) DEFINITION.—For purposes of this section,
the term ‘‘international financial institution’’ shall in-
clude the institutions identified in section 532(b) of this
Act.
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REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN
REPORT OF SECRETARY OF STATE
SEC. 580. (a) FOREIGN AID REPORTING RE-
QUIREMENT.—In addition to the voting practices of a
foreign country, the report required to be submitted to
Congress under section 406(a) of the Foreign Relations
Authorization Act fiscal years 1990 and 1991 (22 U.S.C.
2414a), shall include a side-by-side comparison of indi-
vidual countries’ overall support for the United States at
the United Nations and the amount of United States as-
sistance provided to such country in fiscal year 1996.
(b) UNITED STATES ASSISTANCE.—For purposes
of this section, the term ‘‘United States assistance’’ has
the meaning given the term in section 481(e)(4) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO
UNITED NATIONS AGENCIES
SEC. 581. (a) PROHIBITION ON VOLUNTARY CON-
TRIBUTIONS FOR THE UNITED NATIONS.—None of the
funds appropriated or otherwise made available by this
Act may be made available to pay any voluntary con-
tribution of the United States to the United Nations (in-
cluding the United Nations Development Program) if the
United Nations implements or imposes any taxation on
any United States persons.
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(b) CERTIFICATION REQUIRED
FOR DISBURSE-
MENT OF FUNDS.—None of the funds appropriated or
otherwise made available under this Act may be made
available to pay any voluntary contribution of the United
States to the United Nations (including the United Na-
tions Development Program) unless the President cer-
tifies to the Congress 15 days in advance of such pay-
ment that the United Nations is not engaged in any ef-
fort to implement or impose any taxation on United
States persons in order to raise revenue for the United
Nations or any of its specialized agencies.
(c) DEFINITIONS.—As used in this section the
term ‘‘United States person’’ refers to—
(1) a natural person who is a citizen or national
of the United States; or
(2) a corporation, partnership, or other legal
entity organized under the United States or any
State, territory, possession, or district of the United
States.
HAITI
SEC. 582. The Government of Haiti shall be eligi-
ble to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.), for
the civilian-led Haitian National Police and Coast Guard:
Provided, That the authority provided by this section
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shall be subject to the regular notification procedures of
the Committees on Appropriations.
REFUGEE STATUS FOR ADULT CHILDREN OF FORMER VI-
ETNAMESE REEDUCATION CAMP INTERNEES RESET-
TLED UNDER THE ORDERLY DEPARTURE PROGRAM
SEC. 584. (a) ELIGIBILITY FOR ORDERLY DEPAR-
TURE PROGRAM.—For purposes of eligibility for the Or-
derly Departure Program for nationals of Vietnam, dur-
ing fiscal year 1997, an alien described in subsection (b)
shall be considered to be a refugee of special humani-
tarian concern to the United States within the meaning
of section 207 of the Immigration and Nationality Act (8
U.S.C. 1157) and shall be admitted to the United States
for resettlement if the alien would be admissible as an
immigrant under the Immigration and Nationality Act
(except as provided in section 207(c)(3) of that Act).
(b) ALIENS COVERED.—An alien described in this
subsection is an alien who—
(1) is the son or daughter of a national of Viet-
nam who—
(A) was formerly interned in a reeducation
camp in Vietnam by the Government of the So-
cialist Republic of Vietnam; and
(B) has been accepted for resettlement as
a refugee under the Orderly Departure Pro-
gram on or after April 1, 1995;
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(2) is 21 years of age or older; and
(3) was unmarried as of the date of acceptance
of the alien’s parent for resettlement under the Or-
derly Departure Program.
(c) SUPERSEDES EXISTING LAW.—This section
supersedes any other provision of law.
NORTH KOREA
SEC. 585. Ninety days after the date of enactment
of this Act, and every 180 days thereafter, the Secretary
of State, in consultation with the Secretary of Defense,
shall provide a report in a classified or unclassified form
to the Committee on Appropriations including the follow-
ing information:
(a) a best estimate on fuel used by the military
forces of the Democratic People’s Republic of Korea
(DPRK);
(b) the deployment position and military train-
ing and activities of the DPRK forces and best esti-
mate of the associated costs of these activities;
(c) steps taken to reduce the DPRK level of
forces; and
(d) cooperation, training, or exchanges of infor-
mation, technology or personnel between the DPRK
and any other nation supporting the development or
deployment of a ballistic missile capability.
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LIMITATION ON ASSISTANCE TO MEXICO
SEC. 587. Not less than $2,500,000 of the funds
appropriated or otherwise made available by this Act for
the Government of Mexico shall be withheld from obliga-
tion until the President has determined and reported to
Congress that—
(1) the Government of Mexico is taking actions
to reduce the amount of illegal drugs entering the
United States from Mexico; and
(2) the Government of Mexico—
(A) is taking effective actions to apply vig-
orously all law enforcement resources to inves-
tigate, track, capture, incarcerate, and pros-
ecute individuals controlling, supervising, or
managing international narcotics cartels or
other similar entities and the accomplices of
such individuals, individuals responsible for, or
otherwise involved in, corruption, and individ-
uals involved in money-laundering;
(B) is pursuing international anti-drug
trafficking initiatives;
(C) is cooperating fully with international
efforts at narcotics interdiction; and
(D) is cooperating fully with requests by
the United States for assistance in investiga-
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tions of money-laundering violations and is
making progress toward implementation of ef-
fective laws to prohibit money-laundering.
LIMITATION OF ASSISTANCE TO TURKEY
SEC. 588. Not more than $22,000,000 of the
funds appropriated in this Act under the heading ‘‘Eco-
nomic Support Fund’’ may be made available to the Gov-
ernment of Turkey.
CIVIL LIABILITY FOR ACTS OF STATE SPONSORED
TERRORISM
SEC. 589. (a) an official, employee, or agent of a
foreign state designated as a state sponsor of terrorism
designated under section 6(j) of the Export Administra-
tion Act of 1979 while acting within the scope of his or
her office, employment, or agency shall be liable to a
United States national or the national’s legal representa-
tive for personal injury or death caused by acts of that
official, employee, or agent for which the courts of the
United States may maintain jurisdiction under section
1605(a)(7) of title 28, United States Code, for money
damages which may include economic damages, solatium,
pain, and suffering, and punitive damages if the acts
were among those described in section 1605(a)(7).
(b) Provisions related to statute of limitations and
limitations on discovery that would apply to an action
brought under 28 U.S.C. 1605(f) and (g) shall also apply
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to actions brought under this section. No action shall be
maintained under this action if an official, employee, or
agent of the United States, while acting within the scope
of his or her office, employment, or agency would not be
liable for such acts if carried out within the United
States.
Titles I through V of this Act may be cited as the
‘‘Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997’’.
TITLE VI—NATO ENLARGEMENT FACILITATION
ACT OF 1996
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘NATO Enlarge-
ment Facilitation Act of 1996’’.
SEC. 602. FINDINGS.
The Congress makes the following findings:
(1) Since 1949, the North Atlantic Treaty Or-
ganization (NATO) has played an essential role in
guaranteeing the security, freedom, and prosperity
of the United States and its partners in the Alliance.
(2) The NATO Alliance is, and has been since
its inception, purely defensive in character, and it
poses no threat to any nation. The enlargement of
the NATO Alliance to include as full and equal
members emerging democracies in Central and East-
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ern Europe will serve to reinforce stability and secu-
rity in Europe by fostering their integration into the
structures which have created and sustained peace
in Europe since 1945. Their admission into NATO
will not threaten any nation. America’s security,
freedom, and prosperity remain linked to the secu-
rity of the countries of Europe.
(3) The sustained commitment of the member
countries of NATO to a mutual defense has made
possible the democratic transformation of Central
and Eastern Europe. Members of the Alliance can
and should play a critical role in addressing the se-
curity challenges of the post-Cold War era and in
creating the stable environment needed for those
emerging democracies in Central and Eastern Eu-
rope to successfully complete political and economic
transformation.
(4) The United States continues to regard the
political independence and territorial integrity of all
emerging democracies in Central and Eastern Eu-
rope as vital to European peace and security.
(5) The active involvement by the countries of
Central and Eastern Europe has made the Partner-
ship for Peace program an important forum to fos-
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ter cooperation between NATO and those countries
seeking NATO membership.
(6) NATO has enlarged its membership on 3
different occasions since 1949.
(7) Congress supports the admission of quali-
fied new members to NATO and the European
Union at an early date and has sought to facilitate
the admission of qualified new members into NATO.
(8) Lasting security and stability in Europe re-
quires not only the military integration of emerging
democracies in Central and Eastern Europe into ex-
isting European structures, but also the eventual
economic and political integration of these countries
into existing European structures.
(9) As new members of NATO assume the re-
sponsibilities of Alliance membership, the costs of
maintaining stability in Europe should be shared
more widely. Facilitation of the enlargement process
will require current members of NATO, and the
United States in particular, to demonstrate the po-
litical will needed to build on successful ongoing pro-
grams such as the Warsaw Initiative and the Part-
nership for Peace by making available the resources
necessary to supplement efforts prospective new
members are themselves undertaking.
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(10) New members will be full members of the
Alliance, enjoying all rights and assuming all the ob-
ligations under the North Atlantic Treaty, signed at
Washington on April 4, 1949 (hereafter in this Act
referred to as the ‘‘Washington Treaty’’).
(11) In order to assist emerging democracies in
Central and Eastern Europe that have expressed in-
terest in joining NATO to be prepared to assume
the responsibilities of NATO membership, the Unit-
ed States should encourage and support efforts by
such countries to develop force structures and force
modernization priorities that will enable such coun-
tries to contribute to the full range of NATO mis-
sions, including, most importantly, territorial defense
of the Alliance.
(12) Cooperative regional peacekeeping initia-
tives involving emerging democracies in Central and
Eastern Europe that have expressed interest in join-
ing NATO, such as the Baltic Peacekeeping Battal-
ion, the Polish-Lithuanian Joint Peacekeeping
Force, and the Polish-Ukrainian Peacekeeping
Force, can make an important contribution to Euro-
pean peace and security and international peace-
keeping efforts, can assist those countries preparing
to assume the responsibilities of possible NATO
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membership, and accordingly should receive appro-
priate support from the United States.
(13) NATO remains the only multilateral secu-
rity organization capable of conducting effective
military operations and preserving security and sta-
bility of the Euro-Atlantic region.
(14) NATO is an important diplomatic forum
and has played a positive role in defusing tensions
between members of the Alliance and, as a result, no
military action has occurred between two Alliance
member states since the inception of NATO in 1949.
(15) The admission to NATO of emerging de-
mocracies in Central and Eastern Europe which are
found to be in a position to further the principles of
the Washington Treaty would contribute to inter-
national peace and enhance the security of the re-
gion. Countries which have become democracies and
established market economies, which practice good
neighborly relations, and which have established ef-
fective democratic civilian control over their defense
establishments and attained a degree of interoper-
ability with NATO, should be evaluated for their po-
tential to further the principles of the Washington
Treaty.
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(16) Democratic civilian control of defense
forces is an essential element in the process of prep-
aration for those states interested in possible NATO
membership.
(17) Protection and promotion of fundamental
freedoms and human rights is an integral aspect of
genuine security, and in evaluating requests for
membership in NATO, the human rights records of
the emerging democracies in Central and Eastern
Europe should be evaluated according to their com-
mitments to fulfill in good faith the human rights
obligations of the Charter of the United Nations, the
principles of the Universal Declaration on Human
Rights, and the Helsinki Final Act.
(18) A number of Central and Eastern Euro-
pean countries have expressed interest in NATO
membership, and have taken concrete steps to dem-
onstrate this commitment, including their participa-
tion in Partnership for Peace activities.
(19) The Caucasus region remains important
geographically and politically to the future security
of Central Europe. As NATO proceeds with the
process of enlargement, the United States and
NATO should continue to examine means to
strengthen the sovereignty and enhance the security
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of United Nations recognized countries in that re-
gion.
(20) In recognition that not all countries which
have requested membership in NATO will nec-
essarily qualify at the same pace, the accession date
for each new member will vary.
(21) The provision of additional NATO transi-
tion assistance should include those emerging de-
mocracies most ready for closer ties with NATO and
should be designed to assist other countries meeting
specified criteria of eligibility to move forward to-
ward eventual NATO membership.
(22) The Congress of the United States finds in
particular that Poland, Hungary, and the Czech Re-
public have made significant progress toward achiev-
ing the criteria set forth in section 203(d)(3) of the
NATO Participation Act of 1994 and should be eli-
gible for the additional assistance described in this
Act.
(23) The evaluation of future membership in
NATO for emerging democracies in Central and
Eastern Europe should be based on the progress of
those nations in meeting criteria for NATO member-
ship, which require enhancement of NATO’s security
and the approval of all NATO members.
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(24) The process of NATO enlargement entails
the consensus agreement of the governments of all
16 NATO members and ratification in accordance
with their constitutional procedures.
(25) Some NATO members, such as Spain and
Norway, do not allow the deployment of nuclear
weapons on their territory although they are ac-
corded the full collective security guarantees pro-
vided by Article 5 of the Washington Treaty. There
is no a priori requirement for the stationing of nu-
clear weapons on the territory of new NATO mem-
bers, particularly in the current security climate.
However, NATO retains the right to alter its secu-
rity posture at any time as circumstances warrant.
SEC. 603. UNITED STATES POLICY.
It is the policy of the United States—
(1) to join with the NATO allies of the United
States to adapt the role of the NATO Alliance in the
post-Cold War world;
(2) to actively assist the emerging democracies
in Central and Eastern Europe in their transition so
that such countries may eventually qualify for
NATO membership;
(3) to support the enlargement of NATO in rec-
ognition that enlargement will benefit the interests
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of the United States and the Alliance and to con-
sider these benefits in any analysis of the costs of
NATO enlargement;
(4) to ensure that all countries in Central and
Eastern Europe are fully aware of and capable of
assuming the costs and responsibilities of NATO
membership, including the obligation set forth in Ar-
ticle 10 of the Washington Treaty that new members
be able to contribute to the security of the North At-
lantic area; and
(5) to work to define a constructive and cooper-
ative political and security relationship between an
enlarged NATO and the Russian Federation.
SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER
ENLARGEMENT OF NATO.
It is the sense of the Congress that in order to
promote economic stability and security in Slovakia, Es-
tonia, Latvia, Lithuania, Romania, Bulgaria, Albania,
Moldova, and Ukraine—
(1) the United States should continue and ex-
pand its support for the full and active participation
of these countries in activities appropriate for quali-
fying for NATO membership;
(2) the United States Government should use
all diplomatic means available to press the European
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Union to admit as soon as possible any country
which qualifies for membership;
(3) the United States Government and the
North Atlantic Treaty Organization should continue
and expand their support for military exercises and
peacekeeping initiatives between and among these
nations, nations of the North Atlantic Treaty Orga-
nization, and Russia; and
(4) the process of enlarging NATO to include
emerging democracies in Central and Eastern Eu-
rope should not be limited to consideration of admit-
ting Poland, Hungary, the Czech Republic, and Slo-
venia as full members of the NATO Alliance.
SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA,
LATVIA AND LITHUANIA.
In view of the forcible incorporation of Estonia,
Latvia, Lithuania into the Soviet Union in 1940 under
the Molotov-Ribbentrop Pact and the refusal of the Unit-
ed States and other countries to recognize that incorpora-
tion for over 50 years, it is the sense of the Congress
that—
(1) Estonia, Latvia, and Lithuania have valid
historical security concerns that must be taken into
account by the United States; and
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(2) Estonia, Latvia, and Lithuania should not
be disadvantaged in seeking to join NATO by virtue
of their forcible incorporation into the Soviet Union.
SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR
NATO ENLARGEMENT ASSISTANCE.
(a) IN GENERAL.—The following countries are
designated as eligible to receive assistance under the pro-
gram established under section 203(a) of the NATO Par-
ticipation Act of 1994 and shall be deemed to have been
so designated pursuant to section 203(d)(1) of such Act:
Poland, Hungary, and the Czech Republic.
(b) DESIGNATION
OF SLOVENIA.—Effective 90
days after the date of enactment of this Act, Slovenia is
designated as eligible to receive assistance under the pro-
gram established under section 203(a) of the NATO Par-
ticipation Act of 1994, and shall be deemed to have been
so designated pursuant to section 203(d) of such Act, un-
less the President certifies to Congress prior to such ef-
fective date that Slovenia fails to meet the criteria under
section 203(d)(3) of such Act.
(c) DESIGNATION OF OTHER COUNTRIES.—The
President shall designate other emerging democracies in
Central and Eastern Europe as eligible to receive assist-
ance under the program established under section 203(a)
of such Act if such countries—
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(1) have expressed a clear desire to join NATO;
(2) have begun an individualized dialogue with
NATO in preparation for accession;
(3) are strategically significant to an effective
NATO defense; and
(4) meet the other criteria outlined in section
203(d)(3) of the NATO Participation Act of 1994
(title II of Public Law 103–447; 22 U.S.C. 1928
note).
(d) RULE OF CONSTRUCTION.—Nothing in this
section precludes the designation by the President of Es-
tonia, Latvia, Lithuania, Romania, Slovakia, Bulgaria,
Albania, Moldova, Ukraine, or any other emerging de-
mocracy in Central and Eastern Europe pursuant to sec-
tion 203(d) of the NATO Participation Act of 1994 as
eligible to receive assistance under the program estab-
lished under section 203(a) of such Act.
SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO
ENLARGEMENT ASSISTANCE.
(a) IN GENERAL.—There are authorized to be ap-
propriated $60,000,000 for fiscal year 1997 for the pro-
gram established under section 203(a) of the NATO Par-
ticipation Act of 1994.
(b) AVAILABILITY.—Of the funds authorized to be
appropriated by subsection (a)—
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(1) not less than $20,000,000 shall be available
for the cost, as defined in section 502(5) of the
Credit Reform Act of 1990, of direct loans pursuant
to the authority of section 203(c)(4) of the NATO
Participation Act of 1994 (relating to the ‘‘Foreign
Military Financing Program’’);
(2) not less than $30,000,000 shall be available
for assistance on a grant basis pursuant to the au-
thority of section 203(c)(4) of the NATO Participa-
tion Act of 1994 (relating to the ‘‘Foreign Military
Financing Program’’); and
(3) not more than $10,000,000 shall be avail-
able for assistance pursuant to the authority of sec-
tion 203(c)(3) of the NATO Participation Act of
1994 (relating to international military education
and training).
(c) RULE OF CONSTRUCTION.—Amounts author-
ized to be appropriated under this section are authorized
to be appropriated in addition to such amounts as other-
wise may be available for such purposes.
SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNER-
SHIP FOR PEACE INFORMATION MANAGE-
MENT SYSTEM.
(a) IN GENERAL.—To the extent provided in ad-
vance in appropriations acts for such purposes, funds de-
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scribed in subsection (b) are authorized to be made avail-
able to support the implementation of the Regional Air-
space Initiative and the Partnership for Peace Informa-
tion Management System, including—
(1) the procurement of items in support of
these programs; and
(2) the transfer of such items to countries par-
ticipating in these programs.
(b) FUNDS DESCRIBED.—Funds described in this
subsection are funds that are available—
(1) during any fiscal year under the NATO
Participation Act of 1994 with respect to countries
eligible for assistance under that Act; or
(2) during fiscal year 1997 under any Act to
carry out the Warsaw Initiative.
SEC. 609. EXCESS DEFENSE ARTICLES.
(a) PRIORITY DELIVERY.—Notwithstanding any
other provision of law, the delivery of excess defense arti-
cles under the authority of section 203(c) (1) and (2) of
the NATO Participation Act of 1994 and section 516 of
the Foreign Assistance Act of 1961 shall be given prior-
ity to the maximum extent feasible over the delivery of
such excess defense articles to all other countries except
those countries referred to in section 541 of the Foreign
Operations, Export Financing, and Related Programs
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Appropriations Act, 1995 (Public Law 103–306; 108
Stat. 1640).
(b) COOPERATIVE REGIONAL PEACEKEEPING INI-
TIATIVES.—The Congress encourages the President to
provide excess defense articles and other appropriate as-
sistance to cooperative regional peacekeeping initiatives
involving emerging democracies in Central and Eastern
Europe that have expressed an interest in joining NATO
in order to enhance their ability to contribute to Euro-
pean peace and security and international peacekeeping
efforts.
SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.
The Congress endorses efforts by the United
States to modernize the defense capability of Poland,
Hungary, the Czech Republic, Slovenia, and any other
countries designated by the President pursuant to section
203(d) of the NATO Participation Act of 1994, by ex-
ploring with such countries options for the sale or lease
to such countries of weapons systems compatible with
those used by NATO members, including air defense sys-
tems, advanced fighter aircraft, and telecommunications
infrastructure.
SEC. 611. TERMINATION OF ELIGIBILITY.
(a) TERMINATION
OF ELIGIBILITY.—The eligi-
bility of a country designated pursuant to subsection (a)
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in its annual reports to the Congress such information
as it shall deem advisable with regard to the operations
and effect of this section.
SEC. 710. TECHNICAL AMENDMENTS.
(a) ANNUAL REPORT REQUIRED ON PARTICIPA-
TION OF THE UNITED STATES IN THE BANK.—Section
1701(c)(2) of the International Financial Institutions Act
(22 U.S.C. 262r(c)(2)) is amended by inserting ‘‘Bank
for Economic Cooperation and Development in the Mid-
dle East and North Africa,’’ after ‘‘Inter-American De-
velopment Bank’’.
(b) EXEMPTION
FROM LIMITATIONS
AND RE-
STRICTIONS ON POWER OF NATIONAL, BANKING ASSO-
CIATIONS TO DEAL IN AND UNDERWRITE INVESTMENT
SECURITIES OF THE BANK.—The seventh sentence of
paragraph 7 of section 5136 of the Revised Statutes of
the United States (12 U.S.C. 24) is amended by insert-
ing ‘‘Bank for Economic Cooperation and Development
in the Middle East and North Africa,’’ after ‘‘the Inter-
American Development Bank’’.
(c) BENEFITS
FOR UNITED STATES CITIZEN-
REPRESENTATIVES TO THE BANK.—Section 51 of Public
Law 91–599 (22 U.S.C. 276c–2) is amended by inserting
‘‘the Bank for Economic Cooperation and Development