[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1868 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 21 (legislative day, September 5), 1995.
Resolved, That the bill from the House of Representatives (H.R.
1868) entitled ``An Act making appropriations for foreign operations,
export financing, and related programs for the fiscal year ending
September 30, 1996, and for other purposes'', do pass with the
following
AMENDMENTS:
(1)Page 2, line 25, strike out [$786,551,000] and insert: $795,000,000
prohibition on use of funds for relocating aid to federal triangle
building
Sec. 577. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this Act may be used
to relocate the Agency for International Development, or any part of
that agency, to the Federal Triangle Building in Washington, District
of Columbia.
(2)Page 3, line 26, strike out [$45,228,000] and insert: $46,000,000
(3)Page 4, line 25, strike out [$35,000] and insert: $20,000
(4)Page 4, line 26, strike out [$26,500,000] and insert: $26,000,000
(5)Page 5, line 9, strike out [$69,500,000] and insert: $79,000,000
(6)Page 5, line 10, after ``1961'' insert: , to be derived by transfer
from the Overseas Private Investment Corporation Noncredit account
(7)Page 6, strike out all after line 14 over to and including line 7 on
page 7
(8)Page 7, strike out all after line 14 over to and including line 9 on
page 8
(9)Page 8, strike out line 10 and insert:
economic assistance
(10)Page 8, strike out all after line 10, down to and including
``$655,000,000'' in line 14 and insert:
For necessary expenses to carry out the provisions of sections 103
through 106, chapter 10 of part I, and chapter 4 of part II of the
Foreign Assistance Act of 1961, and the provisions of title V of the
International Security and Development Cooperation Act of 1980 (Public
Law 96-533) and provisions of section 401 of the Foreign Assistance Act
of 1969, $2,117,099,331
(11)Page 8, line 15, after ``Provided,'' insert: That funds made
available under this heading for each of (1) sections 103 through 106,
(2) section 104(b), (3) chapter 10 of part I, (4) chapter 4 of part II
(exclusive of assistance for Israel and Egypt) of the Foreign
Assistance Act of 1961, (5) title V of Public Law 96-533, (6) section
401 of the Foreign Assistance Act of 1969, and (7) for ``Debt
Restructuring'', shall be the same proportion to the total amount
appropriated under this heading as the proportion of funds appropriated
to carry out each of such provisions was to the total amount
appropriated for them in title II of Public Law 103-306, exclusive of
assistance to Israel and Egypt: Provided further, That the President
shall seek to ensure that the percentage of funds made available under
this heading for the activities of private and voluntary organizations
and cooperatives is at least equal to the percentage of funds made
available pursuant to corresponding authorities in law for the
activities of private and voluntary organizations and cooperatives in
fiscal year 1995: Provided further, That the use of any authority to
waive the requirements of the previous proviso shall be subject to the
regular notification requirements of the Committees on Appropriations:
Provided further, That of the funds appropriated or otherwise available
by this Act for population planning assistance administered by the
Agency for International Development, not less than $350,000,000 shall
be made available for the central Office of Population of the Agency
for International Development in fiscal year 1996, which sum shall be
made available to that office: Provided further,
(12)Page 9, line 10, after ``proviso'' insert: : Provided further, That
for purposes of this or any other Act authorizing or appropriating
funds for foreign operations, export financing, and related programs,
the term ``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent with local
law, of information or counseling about all pregnancy options including
abortion
(13)Page 9, line 16, strike out all after ``heading'' down to and
including ``Africa'','' in line 17
(14)Page 9, line 17, strike out [$15,000,000] and insert: $30,000,000
(15)Page 9, line 22, after ``Appropriations'' insert: : Provided
further, That none of the funds made available under this heading may
be transferred to the Government of Zaire: Provided further, That, not
less than $2,000,000 shall be provided to the International Fertilizer
Development Center
(16)Page 9, line 22, after ``Appropriations'' insert: : Provided
further, That not less than $800,000 of the funds made available under
this heading shall be made available for support of the United States
Telecommunications Training Institute;
(17)Page 9, strike out all after line 22, over to and including line 9
on page 10
(18)Page 10, after line 9 insert:
cyprus
Of the funds appropriated under the heading ``Economic
Assistance'', not less than $15,000,000 shall be made available for
Cyprus to be used only for scholarships, bicommunal projects, and
measures aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two communities
on Cyprus.
(19)Page 10, after line 9 insert:
burma
Of the funds appropriated under the heading ``Economic
Assistance'', not less than $2,000,000 shall be made available to
strengthen democracy and support humanitarian activities in Burma:
Provided, That of this amount, not less than $200,000 shall be used to
support newspapers, publications and media activities promoting
democracy inside Burma: Provided further, That funds made available
under this heading may be made available to organizations and Burmese
student groups to expand indigenous participation in the political
process, transportation, communications, publications, administration,
and medical supplies and humanitarian services: Provided further, That
funds made available under this heading may be made available to
support activities in Burma, along the Burma-Thailand border, and to
support activities designated by this Act outside Burma: Provided
further, That funds made available under this heading may be made
available notwithstanding any other provision of law: Provided further,
That provision of such funds shall be made available subject to the
regular notification procedures of the Appropriations Committees.
(20)Page 10, line 23, after ``section'' insert: , except that the
authority contained in the last sentence of section 123(g) may be
exercised by the Administrator with regard to the requirements of this
paragraph
(21)Page 10, strike out all after line 23, over to and including line 6
on page 11
(22)Page 11, strike out lines 7 through 12
(23)Page 11, line 14, strike out [For] and insert: Of the funds made
available under the heading ``Economic Assistance'', for
(24)Page 11, line 21, strike out all after ``swaps,'' down to and
including ``$7,000,000'' in line 24 and insert: $15,000,000
(25)Page 12, line 3, strike out [For] and insert: Of the funds made
available under the heading ``Economic Assistance'', for
(26)Page 12, line 7, after ``1974'' insert: : Provided further, That
guarantees of loans made under this heading in support of
microenterprise activities may guarantee up to 70 percent of the
principal amount of any such loans notwithstanding section 108 of the
Foreign Assistance Act of 1961
(27)Page 12, line 11, after ``Development'' insert: : Provided further,
That funds made available under this heading shall remain available
until September 30, 1997
(28)Page 12, strike out lines 13 through 16 and insert:
Of the funds made available under the heading ``Economic
Assistance'', for the subsidy cost, as defined in section 13201 of the
Budget Enforcement Act of 1990, of guaranteed loans authorized by
sections 221 and 222 of the Foreign Assistance Act of 1961, $8,000,000:
Provided, That these funds are available to subsidize loan principal,
100 percent of which shall be guaranteed, pursuant to the authority of
such sections: Provided further, That the President shall enter into
commitments to guarantee such loans in the full amount provided under
this heading, subject to the availability of qualified applicants for
such guarantees: Provided further, That for administrative expenses to
carry out guaranteed loan programs, $7,000,000, all of which may be
transferred to and merged with the appropriation for Operating Expenses
of the Agency for International Development: Provided further, That
commitments to guarantee loans under this heading may be entered into
notwithstanding the second and third sentences of section 222(a) and,
with regard to programs for Eastern Europe and programs for the benefit
of South Africans disadvantaged by apartheid, section 223(j) of the
Foreign Assistance Act of 1961: Provided further, That none of the
funds appropriated under this heading shall be obligated except through
the regular notification procedures of the Committees on
Appropriations.
(29)Page 12, after line 16 insert:
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491
of the Foreign Assistance Act of 1961, as amended, $175,000,000 to
remain available until expended: Provided, That of the amount
appropriated under this heading, $40,000,000 should be available only
for emergency humanitarian assistance to the former Yugoslavia, of
which amount not less than $6,000,000 shall be available only for
humanitarian assistance to Kosova.
clarification of restrictions.
(a) In General.--Section 620E of the Foreign Assistance Act of 1961
(22 U.S.C. 2375) is amended--
(1) in subsection (e)--
(A) by striking the words ``No assistance'' and
inserting the words ``No military assistance'';
(B) by striking the words ``in which assistance is
to be furnished or military equipment or technology''
and inserting the words ``in which military assistance
is to be furnished or military equipment or
technology'';
(C) by striking the words ``the proposed United
States assistance'' and inserting the words ``the
proposed United States military assistance'';
(D) by inserting ``(1)'' immediately after ``(e)'';
and
(E) by adding the following new paragraph:
``(2) The prohibitions in this section do not apply to any
assistance or transfer provided for the purposes of:
``(A) International narcotics control (including
Chapter 8 of Part I of this Act) or any provision of
law available for providing assistance for
counternarcotics purposes;
``(B) Facilitating military-to-military contact,
training (including Chapter 5 of Part II of this Act)
and humanitarian and civic assistance projects;
``(C) Peacekeeping and other multilateral
operations (including Chapter 6 of Part II of this Act
relating to peacekeeping) or any provision of law
available for providing assistance for peacekeeping
purposes, except that lethal military equipment
provided under this subparagraph shall be provided on a
lease or loan basis only and shall be returned upon
completion of the operation for which it was provided;
``(D) Antiterrorism assistance (including Chapter 8
of Part II of this Act relating to antiterrorism
assistance) or any provision of law available for
antitorrism assistance purposes.
``(3) The restrictions of this subsection shall continue to
apply to contracts for the delivery of F-16 aircraft to
Pakistan.
``(4) Notwithstanding the restrictions contained in this
subsection, military equipment, technology, or defense
services, other than F-16 aircraft, may be transferred to
Pakistan pursuant to contracts or cases entered into before
October 1, 1990.''; and
(2) by adding at the end the following new subsections:
``(f) Storage Costs.--The President may release the Government of
Pakistan of its contractual obligation to pay the United States
Government for the storage costs of items purchased prior to October 1,
1990, but not delivered by the United States Government pursuant to
subsection (e) and may reimburse the Government of Pakistan for any
such amounts paid, on such terms and conditions as the President may
prescribe: Provided, That such payments have no budgetary impact.
``(g) Inapplicability of Restrictions to Previously Owned Items.--
Section 620E(e) does not apply to broken, worn or unupgraded items or
their equivalent which Pakistan paid for and took possession of prior
to October 1, 1990 and which the Government of Pakistan sent to the
United States for repair or upgrade. Such equipment or its equivalent
may be returned to the Government of Pakistan: Provided, That the
President determines and so certifies to the appropriate congressional
committees that such equipment or equivalent neither constitutes nor
has received any significant qualitative upgrade since being
transferred to the United States and that its total value does not
exceed $25,000,000.
``(h) Ballistic Missile Sanctions Not Affected.--Nothing contained
herein shall affect sanctions for transfers of missile equipment or
technology required under section 11B of the Export Administration Act
of 1979 or section 73 of the Arms Export Control Act.''.
(30)Page 12, line 25, strike out [$465,750,000] and insert:
$490,000,000
(31)Page 12, line 25, strike out all after ``$465,750,000'' over to and
including ``designee'' in line 7 on page 13
(32)Page 13, line 12, strike out [$35,200,000] and insert: $30,200,000
(33)Page 13, strike out line 16 and insert:
middle east fund
(34)Page 13, line 18, strike out [$2,300,000,000] and insert:
$2,015,000,000
(35)Page 13, line 19, strike out all after ``1997'' down to and
including ``later'' in line 24 and insert: : Provided, That of the
funds appropriated under this heading, not less than $1,200,000,000
shall be available only for Israel, which sum shall be available on a
grant basis as a cash transfer and shall be disbursed within thirty
days of enactment of this Act or by October 31, 1995, whichever is
later: Provided further, That not less than $815,000,000 shall be
available only for Egypt, which sum shall be provided on a grant basis,
and of which sum cash transfer assistance may be provided, with the
understanding that Egypt will undertake significant economic reforms
which are additional to those which were undertaken in previous fiscal
years, and of which not less than $200,000,000 shall be provided as
Commodity Import Program assistance: Provided further, That not less
than the Egyptian pound equivalent of $85,000,000 generated from funds
made available by this paragraph, or from any other source including
from funds made available for Egypt for fiscal year 1997, shall be made
available to the United States pursuant to the United States-Egypt
Economic, Technical and Related Assistance Agreements of 1978, for the
following endowments established under such Agreements: the Egyptian
pound equivalent of $50,000,000 shall be made available to replenish
the existing endowment for the American University in Cairo, and the
Egyptian pound equivalent of $35,000,000 shall be made available to
replenish the existing endowment for projects and programs which
promote the preservation and restoration of Egyptian antiquities:
Provided further, That in exercising the authority to provide cash
transfer assistance for Israel and Egypt, the President shall ensure
that the level of such assistance does not cause an adverse impact on
the total level of nonmilitary exports from the United States to each
such country: Provided further, That it is the sense of the Congress
that the recommended levels of assistance for Egypt and Israel are
based in great measure upon their continued participation in the Camp
David Accords and upon the Egyptian-Israeli peace treaty
(36)Page 13, line 24, strike out all after ``later'' down to and
including ``Zaire'' in line 26
(37)Page 14, strike out lines 1 through 12
(38)Page 14, line 15, before ``For'' insert (a)
(39)Page 14, line 18, strike out [$324,000,000] and insert:
$335,000,000
(40)Page 14, line 22, before ``Funds'' insert: (b)
(41)Page 15, line 7, before ``Funds'' insert: (c)
(42)Page 15, line 18, strike out [$580,000,000] and insert:
$705,000,000
(43)Page 16, line 16, strike out all after ``state'' down to and
including ``further,'' in line 21 and insert: Provided,
(44)Page 17, line 4, after ``capability'' insert: : Provided, That this
restriction does not apply to demilitarization, defense conversion or
non-proliferation programs
(45)Page 17, line 22, strike out all after ``organizations'' down to
and including ``states'' in line 23
(46)Page 17, strike out all after line 23, over to and including line 2
on page 18
(47)Page 18, after line 2 insert:
(k) Of the funds appropriated under this heading, not less than
$15,000,000 should be available only for a family planning program for
the new independent states of the former Soviet Union comparable to the
family planning program currently administered by the Agency for
International Development in the Central Asian Republics and focusing
on population assistance which provides an alternative to abortion.
(l) Notwithstanding any other provision of law or this Act, of the
funds appropriated under this heading, not less than $85,000,000 shall
be made available for programs and activities for Armenia, of which
$35,000,000 shall be available for food, $40,000,000 shall be available
for fuel, and $10,000,000 shall be available for medical supplies and
services: Provided further, That these funds shall be in addition to
funds justified for programs in the fiscal year 1996 congressional
presentation documents.
(m) Of the funds made available by this or any other Act, not less
than $30,000,000 shall be made available for programs and activities
for Georgia.
(n) Of the funds appropriated under this heading, not less than
$225,000,000 shall be made available for Ukraine: Provided, That of
these funds made available, not less than $3,000,000 shall be made
available to assist in establishing a commodities exchange board:
Provided further, That not less than $5,000,000 shall be made available
to support improvements in the delivery of social services: Provided
further, That not less than $20,000,000 shall be available to support
the development of small and medium enterprises: Provided further, That
not less than $2,000,000 shall be provided to support strengthening in
independent broadcast and print media: Provided further, That not less
than $5,000,000 shall be available for a pilot project to screen,
diagnose, and treat Chernobyl victims suffering from breast cancer:
Provided further, That not less than $5,000,000 shall be available to
support a joint United States-Ukraine geographic survey to determine
levels of contamination caused by the Chernobyl reactor: Provided
further, That not less than $2,000,000 shall be available to conduct an
assessment of the energy distribution grid with recommendations on
improvements necessary to provide comprehensive industrial, commercial
and residential access to power: Provided further, That not less than
$5,000,000 shall be made available for a pilot project to establish a
management and market economics training partnership between a
Ukrainian university and a United States university with demonstrated
experience in Eastern Europe or the New Independent States and an
ability to plan and direct a multi-faceted program including business
management, manufacturing management, market economics, and public
administration training.
(o) Of the funds made available for Ukraine, under this Act or any
other Act, not less than $50,000,000 shall be made available to improve
nuclear energy self-sufficiency and improve safety at nuclear reactors:
Provided, That of this amount, not less than $30,000,000 shall be made
available to provide technical assistance, training and equipment to
develop institutions and procedures to license, purchase, transfer and
use nuclear fuel assemblies consistent with International Atomic Energy
Agency standards: Provided further, That of this amount, not less than
$20,000,000 shall be provided for the purchase, installation and
training for safety parameter display systems or safety control systems
at all nuclear operational nuclear reactors, but on a priority basis at
the Chernobyl facility.
(p) Notwithstanding any other provision of law or of this Act, of
the funds made available under this heading, within 30 days of
enactment of this Act, not less than $4,500,000 shall be transferred to
the Federal Bureau of Investigation to establish Legal Attache offices
and related programs in Ukraine, Kazakhstan, and Estonia: Provided,
That these funds shall support both in country and regional law
enforcement liaison and investigation activities.
(q) Notwithstanding any other provision of law or of this Act, of
the funds made available under this heading, within 30 days of
enactment of this Act not less than $12,600,000 shall be transferred to
the Federal Bureau of Investigation for international training and
cooperation in Central Europe and the New Independent States: Provided,
That these funds may support training conducted at the International
Law Enforcement Academy in Hungary, in country training sessions in
Central Europe, the Baltics, and the New Independent States, and
efforts to establish national law enforcement institutes.
(r) Of the funds made available under this heading, not less than
$20,000,000 shall be available for hospital partnership programs.
(s) Of the funds made available under this heading, not less than
$45,000,000 shall be provided to the Western NIS Enterprise Fund.
(t) No funds may be made available under this heading, until the
Department of State Office of the Coordinator for United States
Assistance to the New Independent States submits a report to the
Committees on Appropriations providing a country by country development
strategy including the type of activities planned to carry out the
strategy requirements.
(u) No funds may be made available under this heading for Russia
unless the President determines and certifies in writing to the
Committees on Appropriations that the Government of Russia has
terminated all planning and implementation of arrangements to provide
Iran with technical expertise, training, technology or equipment
necessary to develop a nuclear reactor or related nuclear research
facilities or programs.
(v) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for an
Enterprise Fund may be deposited by such Fund in interest-bearing
accounts prior to the Funds disbursement of such funds. The Fund may
retain for program purposes any interest earned on such deposits
without returning such interest to the Treasury of the United States
and without further appropriation by Congress.
(w) Of the funds made available under this heading, not less than
$15,000,000 shall be made available to support establishing a Trans-
Caucasus Enterprise Fund.
(48)Page 18, strike out line 3
(49)Page 18, strike out lines 4 through 10
(50)Page 18, strike out lines 11 through 17
(51)Page 18, line 20, strike out [$210,000,000] and insert:
$200,000,000
(52)Page 18, line 25, after ``tions'' insert: : Provided further, That
funds appropriated under this heading shall remain available until
September 30, 1997
(53)Page 19, line 5, strike out [$113,000,000] and insert: $150,000,000
(54)Page 19, line 12, after ``Appropriations'' insert: : Provided
further, That of the funds appropriated under this heading, not less
than $1,800,000 shall be available to establish and maintain a Federal
Bureau of Investigation Legal Attache office in Cairo, Egypt: Provided
further, That not less than $5,000,000 shall be made available to the
Federal Bureau of Investigation and the Secret Service to establish and
maintain offices in the Triborder area of Argentina, Brazil and
Paraguay
(55)Page 19, line 20, after ``needs'' insert: ; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; salaries and expenses of personnel assigned to the bureau charged
with carrying out the Migrations and Refugee Assistance Act; allowances
as authorized by sections 5921 through 5925 of title 5, United States
Code
(56)Page 19, line 23, after ``$671,000,000'' insert: : Provided, That
not more than $12,000,000 shall be available for administrative
expenses
(57)Page 19, line 23, strike out all after ``$671,000,000'' over to and
including ``Act'' in line 2 on page 20
(58)Page 20, line 2, after ``Act'' insert: : Provided further, That not
less than $80,000,000 shall be made available for refugees from the
former Soviet Union and Eastern Europe and other refugees resettling in
Israel
(59)Page 20, strike out lines 3 through 10
(60)Page 20, line 25, strike out [$17,000,000] and insert: $15,000,000
(61)Page 21, line 22, strike out [$39,000,000] and insert: $19,000,000
(62)Page 22, line 10, after ``Zaire'' insert: and Guatemala
(63)Page 22, line 10, strike out all after ``Zaire'' down to and
including ``training'' in line 13
(64)Page 22, line 17, strike out [$3,211,279,000] and insert:
$3,207,500,000
(65)Page 22, line 17, strike out all after ``$3,211,279,000'' over to
and including ``Act'' in line 7 on page 23 and insert: : Provided, That
of the funds appropriated by this paragraph not less than
$1,800,000,000 shall be available for grants only for Israel, and not
less than $1,300,000,000 shall be available for grants only for Egypt:
Provided further, That the funds appropriated by this paragraph for
Israel shall be disbursed within thirty days of enactment of this Act
or by October 31, 1995, whichever is later: Provided further, That to
the extent that the Government of Israel requests that funds be used
for such purposes, grants made available for Israel by this paragraph
shall, as agreed by Israel and the United States, be available for
advanced fighter aircraft programs or for other advanced weapons
systems, as follows: (1) up to $150,000,000 shall be available for
research and development in the United States; and (2) not less than
$475,000,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development
(66)Page 23, line 7, after ``Act'' insert: : Provided further, That
funds made available under this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export
Control Act: Provided further, That, for the purpose only of providing
support for the Warsaw Initiative Program, of the funds appropriated by
this Act under the headings ``Assistance for Eastern Europe and the
Baltic States'' and ``Assistance for the New Independent States of the
Former Soviet Union'', up to a total of $20,000,000 may be transferred,
notwithstanding any other provision of law, to the funds appropriated
under this paragraph
(67)Page 24, line 1, after ``exceed'' insert: the following
(68)Page 24, line 1, after ``$224,000,000'' insert: only
(69)Page 24, line 2, strike out [shall not exceed]
(70)Page 24, line 2, after ``$320,000,000'' insert: only
(71)Page 24, line 2, after ``Turkey'' insert: : Provided further, That
the President should seek the agreement of the Prime Minister of Turkey
to permit access throughout Turkey for international humanitarian
organizations which operate confidentially, and report to the Committee
on Appropriations by June 1, 1996, on progress towards such agreement
(72)Page 26, line 10, strike out [$24,000,000] and insert: $22,500,000
(73)Page 26, line 26, strike out [$68,300,000] and insert: $72,033,000:
Provided, That none of the funds appropriated under this paragraph
shall be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations
(74)Page 27, line 11, strike out [$23,009,000] and insert: $28,189,963
(75)Page 27, line 12, after ``pended'' insert: : Provided further, That
not more than twenty-one days prior to the obligation of each such sum,
the Secretary shall submit a certification to the committees on
Appropriations that the Bank has not approved any loans to Iran since
October 1, 1994, or the President of the United States certifies that
withholding of these funds is contrary to the national interest of the
United States
(76)Page 27, line 16, strike out [$30,000,000] and insert: $50,000,000
(77)Page 27, line 23, strike out [$743,900,000] and insert:
$911,475,013
(78)Page 28, line 4, strike out [$575,000,000] and insert: $775,000,000
(79)Page 28, after line 6 insert:
contribution to the international finance corporation
For payment to the International Finance Corporation by the
Secretary of the Treasury, $67,550,000, for the United States share of
the increase in subscriptions to capital stock, to remain available
until expended: Provided, That of the amount appropriated under this
heading not more than $5,269,000 may be expended for the purchase of
such stock in fiscal year 1996.
(80)Page 28, line 12, strike out [$25,950,000] and insert: $25,952,110,
and for the United States share of the increase in the resources of the
Fund for Special Operations, $20,000,000, to remain available until
expended
(81)Page 28, line 18, strike out [$1,523,000,000] and insert:
$1,523,767,142
(82)Page 28, after line 18 insert:
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the Fund to be administered by the Inter-American
Development Bank, $70,000,000 to remain available until expended.
(83)Page 28, line 23, strike out [$13,200,000] and insert: $13,221,596
(84)Page 29, line 3, strike out [$647,000,000] and insert: $647,858,204
(85)Page 29, line 9, strike out [$100,000,000] and insert: $110,000,000
(86)Page 29, line 14, strike out [$69,180,000] and insert: $70,000,000
(87)Page 29, line 25, strike out [$161,400,000] and insert:
$163,333,333
(88)Page 30, strike out lines 1 through 11 and insert:
north american development bank
For payment to the North American Development Bank by the Secretary
of the Treasury, for the United States share of the paid-in portion of
the capital stock, $25,000,000, to remain available until expended:
Provided, That for the payment to the Enterprise for the Americas
Multilateral Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund to be administered by the Inter-
American Development Bank, $45,000,000 is provided to remain available
until expended.
limitation on callable capital subscriptions
The United States Governor of the North American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of the capital stock of the North
American Development Bank in an amount not to exceed $318,750,000.
(89)Page 30, line 16, strike out [$155,000,000] and insert:
$260,000,000
(90)Page 30, line 16, strike out [Provided,] and insert: Provided, That
not less than $3,000,000 of the funds appropriated under this heading
shall be made available for the World Food Program: Provided further,
(91)Page 30, line 24, after ``Agency'' insert: : Provided further, That
any reduction in the amounts made available under this heading for each
of the United Nations Development Program, the United Nations
Children's Fund, the United Nations Environment Program, and the
International Atomic Energy Agency, from the amounts made available
under this heading for such organizations for fiscal year 1995, shall
not exceed the percentage by which the total amount appropriated under
this heading is reduced from the total amount appropriated under this
heading for fiscal year 1995
(92)Page 31, line 3, strike out [$25,000,000] and insert: $35,000,000
(93)Page 31, line 19, after ``funds'' insert: : Provided further, That
of the funds appropriated under this heading, not less than $1,000,000
shall be made available to UNIFEM
(94)Page 31, line 19, strike out all after ``funds'' over to and
including ``tions'' in line 2 on page 32
(95)Page 32, line 2, after ``tions'' insert: : Provided further, That
not less than $1,500,000 of the funds appropriated under this heading
shall be made available for the United Nations Fund for Victims of
Torture
(96)Page 32, line 26, strike out [not to exceed $5,000] and insert: no
funds
(97)Page 33, line 14, strike out [not to exceed $2,000] and insert: no
funds
(98)Page 33, line 21, after ``Foundation,'' insert: no funds shall be
available for entertainment and
(99)Page 33, lines 22 and 23, strike out [entertainment and]
(100)Page 33, line 25, strike out [not to exceed a total of $4,000] and
insert: no funds
(101)Page 34, line 2, after ``Agency'','' insert: no funds shall be
available for entertainment and
(102)Page 34, line 3, strike out [and entertainment]
(103)Page 35, line 19, after ``510.'' insert: (a)
(104)Page 36, after line 7 insert:
(b) Obligated balances of funds appropriated to carry out section
23 of the Arms Export Control Act as of the end of the fiscal year
immediately preceding the current fiscal year are, if deobligated,
hereby continued available during the current fiscal year for the same
purpose under any authority applicable to such appropriations under
this Act: Provided, That the authority of this subsection may not be
used in fiscal year 1996.
(105)Page 38, line 13, after ``modity'' insert: , and the Chairman of
the Board so notifies the Committees on Appropriations
(106)Page 39, line 26, strike out all after ``for'' over to and
including ``Africa'','' and insert: ``Economic Assistance'',
(107)Page 40, line 7, strike out [``Economic Support Fund'',]
(108)Page 40, strike out all after line 13 down to and including
``Foundation'','' in line 15
(109)Page 40, line 15, after ``Corps'','' insert: ``Middle East Fund''
or
(110)Page 40, line 16, strike out all after ``sistance'','' down to and
including ``Fund'','' in line 17
(111)Page 41, line 11, strike out [20] and insert: 10
(112)Page 43, line 1, strike out [support fund]
(113)Page 43, lines 16 and 17, strike out [the Economic Support Fund]
and insert: economic assistance
(114)Page 43, line 22, strike out [concerning abortions] and insert: on
funding for abortions
(115)Page 44, line 19, after ``lizations'' insert: : Provided, That in
determining eligibility for assistance from funds appropriated to carry
out section 104 of the Foreign Assistance Act of 1961, nongovernmental
and multilateral organizations shall not be subjected to requirements
more restrictive than the requirements applicable to foreign
governments for such assistance: Provided further, That none of the
funds made available under this Act may be used to lobby for or against
abortion
(116)Page 45, line 1, strike out [Indonesia,]
(117)Page 45, line 2, strike out [Russia,]
(118)Page 45, lines 7 and 8, strike out [Indonesia and]
(119)Page 46, line 1, before ``child'' insert: family planning,
(120)Page 47, line 9, after ``national'' insert: security
(121)Page 48, line 5, strike out [subject to] and insert:
notwithstanding
(122)Page 49, after line 7 insert:
prohibition on bilateral assistance to terrorist countries
Sec. 527A. (a) Notwithstanding any other provision of law, funds
appropriated for bilateral assistance under any heading of this Act and
funds appropriated under any such heading in a provision of law enacted
prior to enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism, or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least fifteen days before
the waiver takes effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the Committees
on Appropriations.
(123)Page 49, line 13, strike out [Israel and] and insert: Israel,
(124)Page 49, after line 22 insert:
competitive insurance
Sec. 528A. All Agency for International Development contracts and
solicitations, and subcontracts entered into under such contracts,
shall include a clause requiring that United States insurance companies
have a fair opportunity to bid for insurance when such insurance is
necessary or appropriate.
(125)Page 49, strike out all after line 22, over to and including line
4 on page 50
(126)Page 50, strike out all after line 18, over to and including line
3 on page 51 and insert:
competitive pricing for sales of defense articles
Sec. 531A. (a) Costing Basis.--Section 22 of the Arms Export
Control Act (22 U.S.C. 2762) is amended by adding at the end the
following:
``(d) Competitive Pricing.--Procurement contracts made in
implementation of sales under this section for defense articles and
defense services wholly paid for funds made available on a nonrepayable
basis shall be priced on the same costing basis with regard to profit,
overhead, independent research and development, bid and proposal, and
other costing elements, as is applicable to procurements of like items
purchased by the Department of Defense for its own use.''
(b) Effective Date and Implementing Regulations.--Section 22(d) of
the Arms Export Control Act, as added by subsection (a)--
(1) shall take effect on the 60th day following the date of
the enactment of this Act;
(2) shall be applicable only to contracts made in
implementation of sales made after such effective date; and
(3) shall be implemented by revised procurement
regulations, which shall be issued prior to such effective
date.
(c) Direct Costs Allowable.--Direct costs associated with meeting a
foreign customer's additional or unique requirements will continue to
be allowable under such contracts. Loadings applicable to such direct
costs shall be permitted at the same rates applicable to procurement of
like items purchased by the Department of Defense for its own use.
stockpiles of defense articles
Sec. 531B. (a) Limitation on Value of Additions.--Section 514(b)(1)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(1)) is
amended by inserting ``or in the implementation of agreements with
Israel'' after ``North Atlantic Treaty Organization''.
(b) Additions in Fiscal Years 1996 and 1997.--Section 514(b)(2) of
such Act (22 U.S.C. 2321h(b)(2)) is amended to read as follows:
``(2)(A) The value of such additions to stockpiles of defense
articles in foreign countries shall not exceed $50,000,000 for each of
the fiscal years 1996 and 1997.
``(B) Of the amount specified in subparagraph (A) for each of the
fiscal years 1996 and 1997, not more than $40,000,000 may be made
available for stockpiles in the Republic of Korea and not more than
$10,000,000 may be made available for stockpiles in Thailand.''.
(c) Location of Stockpiles of Defense Authorities.--Section 514(c)
of such Act (22 U.S.C. 2321h(c)) is amended to read as follows:
``(c) Location of Stockpiles of Defense Articles.--
``(1) Limitation.--Except as provided in paragraph (2), no
stockpile of defense articles may be located outside the
boundaries of a United States military base or a military base
used primarily by the United States.
``(2) Exceptions.--Paragraph (1) shall not apply with
respect to stockpiles of defense articles located in the
Republic of Korea, Thailand, any country that is a member of
the North Atlantic Treaty Organization, any country that is a
major non-NATO ally, or any other country the President may
designate. At least 15 days before designating a country
pursuant to the last clause of the preceding sentence, the
President shall notify the congressional committees specified
in section 634A(a) in accordance with the procedures applicable
to reprogramming notifications under that section.''.
(127)Page 55, line 14, strike out [(a) Denial of Assistance.--]
(128)Page 56, strike out lines 6 through 18
(129)Page 57, after line 23 insert:
(d) There are authorized to be appropriated to the President such
sums as may be necessary to reimburse the applicable appropriation,
fund, or account for defense articles, defense services, and military
education and training provided under this section.
(130)Page 58, after line 4 insert:
priority delivery of equipment
Sec. 536A. Notwithstanding any other provision of law, the delivery
of excess defense articles that are to be transferred on a grant basis
under section 516 of the Foreign Assistance Act to NATO allies and to
major non-NATO allies on the southern and southeastern flank of NATO
shall be given priority to the maximum extent feasible over the
delivery of such excess defense articles to other countries.
(131)Page 61, line 10, strike out [$50,000,000] and insert:
$100,000,000
(132)Page 63, after line 3 insert:
(c) Expanded Authority.--Section 660(b) of the Foreign Assistance
Act of 1961 is amended--
(1) in paragraph (3), by striking ``or'';
(2) in paragraph (4), by striking the period at the end
thereof and inserting ``; or''; and
(3) adding the following new paragraphs:
``(5) with respect to assistance, including training,
relating to sanctions monitoring and enforcement;
``(6) with respect to assistance provided to reconstitute
civilian police authority and capability in the post-conflict
restoration of host nation infrastructure for the purposes of
supporting a nation emerging from instability, and the
provision of professional public safety training, to include
training in internationally recognized standards of human
rights, the rule of law, anti-corruption, and the promotion of
civilian police roles that support democracy.''.
(133)Page 63, line 6, strike out [Haiti,]
(134)Page 63, line 8, strike out [displaced Burmese,]
(135)Page 63, line 18, strike out all after ``cooperating,'' down to
and including ``operations'' in line 19 and insert: tactically or
strategically, with the Khmer Rouge in their military operations, or
which is cooperating commercially with the Khmer Rouge
(136)Page 65, line 18, strike out all after ``appropriated'' down to
and including ``Fund'','' in line 19 and insert: under the heading
``Economic Assistance'',
(137)Page 67, line 9, after ``under'' insert: titles I and II of
(138)Page 67, after line 24 insert:
earmarks
Sec. 544A. (a) Funds appropriated by this Act which are earmarked
may be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark is made
impossible by operation of any provision of this or any other Act or,
with respect to a country with which the United States has an agreement
providing the United States with base rights or base access in that
country, if the President determines that the recipient for which funds
are earmarked has significantly reduced its military or economic
cooperation with the United States since enactment of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1991; however, before exercising the authority of this subsection with
regard to a base rights or base access country which has significantly
reduced its military or economic cooperation with the United States,
the President shall consult with, and shall provide a written policy
justification to the Committees on Appropriations: Provided, That any
such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the Agency for International Development that are
earmarked for particular programs or activities by this or any other
Act shall be extended for an additional fiscal year if the
Administrator of such agency determines and reports promptly to the
Committees on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it unlikely that
such earmarked funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such earmark.
(139)Page 68, line 1, after ``ceilings'' insert: and earmarks
(140)Page 68, line 16, strike out all after ``Jordan'' down to and
including ``Act'' in line 18
(141)Page 68, after line 18 insert:
(c) The President may transfer to Estonia such excess defense
articles as the President determines necessary to help modernize the
defense capabilities of Estonia, subject to the requirements of
subsections (b) through (f) of section 519 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321m).
(142)Page 68, line 23, strike out all after ``Congress'' down to and
including ``96-533'' in line 26
(143)Page 72, line 20, strike out [I] and insert: IV
(144)Page 74, line 16, after ``prescribe'' insert: : Provided, That
section 1365(c) of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 22 U.S.C., 2778 note) is amended by
striking out ``During the four-year period beginning on October 23,
1992'' and inserting in lieu thereof ``During the five-year period
beginning on October 23, 1993''
(145)Page 74, strike out all after line 16, over to and including line
7 on page 75
(146)Page 75, lines 17 and 18, strike out [subsection] and insert:
restriction
(147)Page 76, strike out all after line 21, over to and including line
8 on page 77
(148)Page 77, after line 8 insert:
non-overtime differential pay
Sec. 562. Title 5 of the United States Code is amended by inserting
the following:
(1) in section 5541(2)(xiv) after a ``Foreign Service
officer'' ``, except for a Foreign Service Officer who is a
criminal investigator for the Agency for International
Development, Office of Inspector General''.
(149)Page 77, strike all after line 8, over to and including line 6 on
page 78
(150)Page 78, strike out all after line 6, over to and including line 8
on page 80
(151)Page 80, line 11, after ``565.'' insert: (a) Withholding.--
(152)Page 80, after line 17 insert:
(b) Exceptions.--The requirement of subsection (a) to withhold
assistance shall not apply with respect to--
(1) assistance to meet urgent humanitarian needs, including
disaster and refugee relief;
(2) democratic political reform and rule of law activities;
(3) the creation of private sector and nongovernmental
organizations that are independent of government control;
(4) the development of a free market economic system; and
(5) assistance for the purposes described in the
Cooperative Threat Reduction Act of 1993 (title XII of Public
Law 103-160).
(c) Definition.--As used in subsection (a), the term ``assistance''
means assistance under the Foreign Assistance Act of 1961, credits,
sales and guarantees of extensions of credit under the Arms Export
Control Act, assistance under titles I and III of the Agricultural
Trade Development and Assistance Act of 1954, assistance under the
FREEDOM Support Act of 1992, and any other program of assistance or
credits provided by the United States to other countries under other
provisions of law, except that the term ``assistance'' does not include
humanitarian assistance, including disaster relief assistance.
(153)Page 80, strike out lines 18 through 25
(154)Page 81, strike out lines 1 through 12
(155)Page 81, strike out lines 13 through 17
(156)Page 81, strike out all after line 17, over to and including line
2 on page 82
(157)Page 82, strike out lines 4 through 7 and insert:
Sec. 570. None of the funds made available in this Act may be used
for international narcotics control assistance under chapter 8 of part
I of the Foreign Assistance Act of 1961, or crop substitution
assistance, directly for the Government of Burma unless the Secretary
of State certifies to the appropriate congressional committees that any
such programs are fully consistent with United States human rights
concerns in Burma and serve a vital United States national interest.
The President shall include in the annual International Narcotics
Control Strategy Report submitted under chapter 8 of part I of the
Foreign Assistance Act of 1961 a description of the programs funded
under this section.
(158)Page 82, after line 7 insert:
asian development bank
Sec. 570A. The Secretary of the Treasury may, to fulfill
commitments of the United States, subscribe to and make payment for
shares of the Asian Development Bank in connection with the fourth
general capital increase of the Bank. The amount authorized to be
appropriated for paid-in shares of the Bank is limited to $66,614,647;
the amount authorized to be appropriated for payment for callable
shares of the Bank is limited to $3,264,178,021. The amount to be paid
in respect of each subscription is authorized to be appropriated
without fiscal year limitation. Any subscription by the United States
to the capital stock of the Bank shall be effective only to such extent
or in such amounts as are provided in advance in appropriations Acts.
(159)Page 82, after line 7 insert:
special debt relief for the poorest
Sec. 570B. (a) Authority to Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961; or
(2) credits extended or guarantees issued under the Arms
Export Control Act.
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act
under the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
purposes of any provision of law limiting assistance to a country. The
authority provided by subsection (a) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961.
(160)Page 82, strike out lines 8 through 12
(161)Page 82, strike out all after line 12, over to and including line
7 on page 83
(162)Page 83, strike out lines 8 through 12
(163)Page 83, strike out lines 13 through 17
(164)Page 83, after line 17 insert:
korean peninsula energy development organization
Sec. 575. No funds may be made available under this Act to the
Korean Peninsula Energy Development Organization (KEDO) unless the
President determines and certifies in writing to the Committees on
Appropriations that--
(a) in accordance with Section 1 of the Agreed Framework, KEDO has
designated a Republic of Korea company, corporation or entity for the
purpose of negotiating a prime contract to carry out construction of
the light water reactors provided for in the Agreed Framework; and
(b) the DPRK is maintaining the freeze on its nuclear facilities as
required in the Agreed Framework; and
(c) the United States is taking steps to assure that progress is
made on (1) the North South dialogue, including efforts to reduce
barriers to trade and investment, such as removing restrictions on
travel, telecommunications services and financial transactions; and (2)
implementation of the January 1, 1992 Joint Declaration on the
Denuclearization of the Korean Peninsula;
(d) a report on the specific efforts with regard to subsection (c)
shall be submitted by the President to the Committees on Appropriations
six months after the date of enactment, and every six months
thereafter.
(165)Page 83, after line 17 insert:
drawdown authority for jordan
Sec. 576. During fiscal year 1996, the President may direct, for
the purposes of part II of the Foreign Assistance Act of 1961, the
drawdown for Jordan of defense articles from the stocks of the
Department of Defense, defense services of the Department of Defense,
and military education and training of up to an aggregate of
$100,000,000: Provided, That--
(a) within six months of the last drawdown under subsection
(a), the President shall submit a report to the Committee on
Appropriations identifying the articles, services, training or
education provided;
(b) section 506(c) of the Foreign Assistance Act of 1961
shall apply to the drawdown authority in this section; and
(c) section 632(d) of the Foreign Assistance Act of 1961
shall not apply with respect to drawdowns under this section.
(166)Page 83, after line 17 insert:
SEC. 577. FEDERAL PROHIBITION OF FEMALE GENITAL MUTILATION.
(a) Title 18 Amendment.--
(1) In general.--Chapter 7 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 116. Female genital mutilation
``(a) Except as provided in subsection (b), whoever knowingly
circumcises, excises, or infibulates the whole or any part of the labia
majora or labia minora or clitoris of another person who has not
attained the age of 18 years shall be fined under this title or
imprisoned not more than 5 years, or both.
``(b) A surgical operation is not a violation of this section if
the operation is--
``(1) necessary to the health of the person on whom it is
performed, and is performed by a person licensed in the place
of its performance as a medical practitioner; or
``(2) performed on a person in labor or who has just given
birth and is performed for medical purposes connected with that
labor or birth by a person licensed in the place it is
performed as a medical practitioner, midwife, or person in
training to become such a practitioner or midwife.
``(c) In applying subsection (b)(1), no account shall be taken of
the effect on the person on whom the operation is to be performed of
any belief on the part of that or any other person that the operation
is required as a matter of custom or ritual.
``(d) Whoever knowingly denies to any person medical care or
services or otherwise discriminates against any person in the provision
of medical care or services, because--
``(1) that person has undergone female circumcision,
excision, or infibulation; or
``(2) that person has requested that female circumcision,
excision, or infibulation be performed on any person;
shall be fined under this title or imprisoned not more than one year,
or both.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of title 18, United States Code, is
amended by adding at the end the following new item:
``116. Female genital mutilation.''.
(b) Information and Education Regarding Female Genital
Mutilation.--
(1) In general.--The Secretary of Health and Human Services
shall carry out the following activities:
(A) Compile data on the number of females living in
the United States who have been subjected to female
genital mutilation (whether in the United States or in
their countries of origin), including a specification
of the number of girls under the age of 18 who have
been subjected to such mutilation.
(B) Identify communities in the United States that
practice female genital mutilation, and design and
carry out outreach activities to educate individuals in
the communities on the physical and psychological
health effects of such practice. Such outreach
activities shall be designed and implemented in
collaboration with representatives of the ethnic groups
practicing such mutilation and with representatives of
organizations with expertise in preventing such
practice.
(C) Develop recommendations for the education of
students of schools of medicine and osteopathic
medicine regarding female genital mutilation and
complications arising from such mutilation. Such
recommendations shall be disseminated to such schools.
(2) Definition.--For purposes of this subsection, the term
``female genital mutilation'' means the removal or infibulation
(or both) of the whole or part of the clitoris, the labia
minor, or the labia major.
(c) Effective Dates.--
(1) Subsection (b) shall take effect immediately, and the
Secretary of Health and Human Services shall commence carrying
it out not later than 90 days after the date of the enactment
of this Act.
(2) Subsection (a) shall take effect 180 days after the
date of the enactment of this Act.
(167)Page 83, after line 17 insert:
liberia
Sec. 578. (a) The Congress finds that--
(1) the war in Liberia begun in 1989 has devastated that
country, with more than 150,000 people killed, 800,000 people
forced to flee to other countries, and thousands of children
conscripted into the rebel armies;
(2) after nearly six years of conflict, on August 19, 1995,
the Liberia factions signed a peace agreement in Abuja,
Nigeria; and
(3) the Liberian faction leaders and regional powers appear
to be committed to the most recent peace accord, including the
installation of the new ruling council.
(b) It is the sense of the Congress that the United States should
strongly support the peace process in Liberia, including diplomatic
engagement, support for the west Africa peacekeeping force,
humanitarian assistance, and assistance for demobilizing troops and for
the resettlement of refugees.
(c) Section 1(b)(2) of Public Law 102-270 is amended by striking
``to implement the Yamoussoukro accord''.
(168)Page 83, after line 17 insert:
Sec. 579. Index of Economic Freedom.
(a) Reporting Requirement.--The President shall include in the
congressional presentation materials on United States bilateral
economic assistance submitted to the appropriate congressional
committees for a fiscal year a report providing a concise overview of
the prospects for economic growth on a broad, equitable, and
sustainable basis in the countries receiving economic assistance under
title II of this Act. For each country, the report shall discuss the
laws, policies and practices of that country that most contribute to or
detract from the achievement of this kind of growth. The report should
address relevant macroeconomic, microeconomic, social, legal,
environmental, and political factors and include economic freedom
criteria regarding policies wage and price controls, State ownership of
production and distribution, State control of financial institutions,
trade and foreign investment, capital and profit repatriation, tax and
private property protections.
(b) Countries.--The countries referred to in subsection (a) are
countries--
(1) for which in excess a total of $5,000,000 has been
obligated during the previous fiscal year for assistance under
sections 103 through 106, chapters 10 and 11 of part I, and
chapter 4 of part II of the Foreign Assistance Act of 1961, and
under the Support for Eastern Democracy Act of 1989; or
(2) for which in excess of $1,000,000 has been obligated
during the previous fiscal year for assistance administered by
the Overseas Private Investment Corporation.
(c) Consultation.--The Secretary of State shall submit the report
required by subsection (a) in consultation with the Secretary of the
Treasury, the Administrator of the Agency for International
Development, and the President of the Overseas Private Investment
Corporation.
(169)Page 83, after line 17 insert:
Sec. 580. To the maximum extent possible, the funds provided by
this Act shall be used to provide surveying and mapping related
services through contracts entered into through competitive bidding to
qualified United States contractors.
(170)Page 83, after line 17 insert:
SEC. 581. ENERGY SAVINGS AT FEDERAL FACILITIES.
(a) Reduction in Facilities Energy Costs.--The head of each agency
for which funds are made available under this Act shall take all
actions necessary to achieve during fiscal year 1996 a 5 percent
reduction, from fiscal year 1995 levels, in the energy costs of the
facilities used by the agency.
(b) Use of Cost Savings.--An amount equal to the amount of cost
savings realized by an agency under subsection (a) shall remain
available for obligation through the end of fiscal year 1997, without
further authorization or appropriation, as follows:
(1) Conservation measures.--Fifty percent of the amount
shall remain available for the implementation of additional
energy conservation measures and for water conservation
measures at such facilities used by the agency as are
designated by the head of the agency.
(2) Other purposes.--Fifty percent of the amount shall
remain available for use by the agency for such purposes as are
designated by the head of the agency, consistent with
applicable law.
(c) Report.--
(1) In general.--Not later than December 31, 1996, the head
of each agency described in subsection (a) shall submit a
report to Congress specifying the results of the actions taken
under subsection (a) and providing any recommendations
concerning how to further reduce energy costs and energy
consumption in the future.
(2) Contents.--Each report shall--
(A) specify the total energy costs of the
facilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
(171)Page 83, after line 17 insert:
Sec. 582. Reports Regarding Hong Kong.
(a) Extension of Reporting Requirement.--Section 301 of the United
States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) is amended in the
text above paragraph (1)--
(1) by inserting ``March 31, 1996,'' after ``March 31,
1995,''; and
(2) by striking ``and March 31, 2000,'' and inserting
``March 31, 2000, and every year thereafter,''.
(b) Additional Requirements.--In light of deficiencies in reports
submitted to the Congress pursuant to section 301 of the United States-
Hong Kong Policy Act (22 U.S.C. 5731), the Congress directs that
reports required to be submitted under that section on or after the
date of enactment of this Act include detailed information on the
status of, and other developments affecting, implementation of the
Sino-British Joint Declaration on the Question of Hong Kong,
including--
(1) the Basic Law and its consistency with the Joint
Declaration;
(2) the openness and fairness of elections to the
legislature;
(3) the openness and fairness of the election of the chief
executive and the executive's accountability to the
legislature;
(4) the treatment of political parties;
(5) the independence of the judiciary and its ability to
exercise the power of final judgment over Hong Kong law; and
(6) the Bill of Rights.
(172)Page 83, after line 17 insert:
Sec. 583. Honduras.
(a) Findings.--The Congress makes the following findings:
(1) In 1981, a secret Honduran army death squad known as
Battalion 316 was created. During the 1980's Battalion 316
engaged in a campaign of systematically kidnapping, torturing
and murdering suspected subversives. Victims included Honduran
students, teachers, labor leaders and journalists. In 1993
there were reportedly 184 unsolved cases of persons who were
allegedly ``disappeared''. They are presumed dead.
(2) At the time, Administration officials were aware of the
activities of Battalion 316, but in its 1983 human rights
report the State Department stated that ``There are no
political prisoners in Honduras''.
(b) Declassification of Documents.--It is the sense of the Congress
that the President should order the expedited declassification of any
documents in the possession of the United States Government pertaining
to persons who allegedly ``disappeared'' in Honduras, and promptly make
such documents available to Honduran authorities who are seeking to
determine the fate of these individuals.
(173)Page 83, after line 17 insert:
SEC. 584. REPORT ON RUSSIAN MILITARY OPERATIONS.
(a) No later than three months after the date of enactment of this
Act, the President shall declassify, to the maximum extent possible,
and resubmit to the Congress the report submitted to the Congress
pursuant to section 528 of Public Law 103-236, with an addendum
updating the information in the report.
(b) The addendum referred to in subsection (a) shall be
unclassified to the maximum extent possible and shall address, inter
alia--
(1) Russian compliance or lack of compliance with the
Russian-Moldovan agreement of October 24, 1994, providing for
the withdrawal of Russian military forces from Moldova,
subsequent Russian deployments of military forces to Moldova
and Russian efforts to secure long-term military basing rights
in Moldova;
(2) possible Russian complicity in the coup attempt of
September-October 1994 against the Government of Azerbaijan and
the exertion of Russian pressure to influence decisions
regarding the path of pipelines that will carry Azerbaijani
oil;
(3) Russian efforts or agreements to assume partial or
complete responsibility for securing the borders of countries
other than Russia, using troops of the Russian Ministry of
Defense, Ministry of the Interior or any other security agency
of the Russian Federation;
(4) Russian efforts to integrate its armed forces, other
security forces, or intelligence agencies with those of any
other country and the relationship of such efforts to the
development of institutions under the Commonwealth of
Independent States; and
(5) Russian compliance with the Treaty on Conventional
Armed Forces in Europe and the Organization on Security and
Cooperation in Europe's Code of Conduct on the Politico-
Military Aspects of Security.
(174)Page 83, after line 17 insert:
limitation on assistance to countries that restrict the transport or
delivery of united states humanitarian assistance
Sec. 585. (a) In General.--None of the funds made available in this
Act may be used for assistance in support of any country when it is
made known to the President that the government of such country
prohibits or otherwise restricts, directly of indirectly, the transport
or delivery of United States humanitarian assistance.
(b) Exception.--Subsection (a) shall not apply to assistance in
support of any country when it is made known to the President that the
assistance is in the national security interest of the United States.
(175)Page 83, after line 17 insert:
Sec. 586. Notwithstanding any other provision of this Act,
$20,000,000 of the funds made available under this Act for or through
the Agency for International Development shall be transferred to, and
merged with, the appropriations account entitled ``international
narcotics control'' and shall be available for the same purposes for
which funds in such account are available.
(176)Page 83, after line 17 insert:
Sec. 587. Guatemala.
(a) Findings.--The Congress makes the following findings:
(1) The Government of Guatemala, under President De Leon
Carpio, has made significant progress towards negotiating an
end to Guatemala's civil conflict which has resulted in
numerous human rights violations, claimed tens of thousands of
lives and impeded economic development in that country;
(2) President De Leon Carpio has taken steps to improve
human rights, including his support for the United Nations
mission for the verification of human rights and of compliance
with the commitments of the comprehensive agreement of human
rights in Guatemala (Minugua) and his recent decision to
abolish the military commissioners, but his efforts to bring
human rights violators to justice have been impeded by certain
members of the Guatemalan armed forces;
(3) Despite numerous appeals by the families of victims of
human rights abuses, human rights organizations and Members of
the United States Congress, there has been minimal progress
towards resolving specific human rights cases including cases
involving American citizens or their relatives;
(4) President De Leon Carpio deserves the support of the
United States in his efforts to resolve Guatemala's conflict
peacefully, to support Democratic elections, and to improve
respect for human rights.
(b) Limitations.--Notwithstanding any other provisions of law--
(1) No assistance in this act or any other act shall be
made available to the Guatemalan Armed Forces or the URNG;
(2) No sales of defense articles or services shall be
licensed or approved for Guatemala for the Armed Forces or
URNG; and
(3) No visas shall be granted for any member of the
Guatemalan Armed Forces or the URNG suspected of participating
in or ordering any violation of human rights or of seeking to
coverup or otherwise thwart the investigation of such acts.
(c) Certification.--The limitations contained in subsection (b)
shall cease to apply when the President certifies to the Committee on
Appropriations and the Committee on Foreign Relations that--
(1) The Guatemalan Armed Forces and the URNG are fully
cooperating with efforts--
(A) By the family of United States citizen Michael
Devine who was murdered in 1990 to bring to justice
those responsible for the murder or coverup of the
murder;
(B) The October 1994 murders of Roderico Baudilio
De Leon and Flavio Matias Marroquin
(C) By Jennifer Harbury to exhume the body of her
husband, Efrain Bamaca Velasquez; and
(D) By human rights organizations and the
Guatemalan Attorney General to investigate and bring to
justice those involved in the prominent human rights
cases committed by both sides to the conflict,
including those cases enumerated in the April 7, 1995
letter to President Clinton by twelve Members of the
United States Senate.
(2) The Guatemalan Government and Armed Forces are
complying with the recommendations in Minugua's first and
second reports, particularly those related to the investigation
and prosecution of human rights cases.
(3) The United States Representative to the United Nations
Human Rights Commission has consulted with Representatives of
other member States to determine whether respect for human
rights would be enhanced by the appointment of a special United
Nations Rapporteur for Guatemala.
(177)Page 83, after line 17 insert:
Sec. 588. (a) The Senate finds the following:
(1) Since March 1995 the Peruvian Government has engaged in
an aggressive air interdiction program to prevent narcotics
traffickers from violating Peruvian airspace for the purpose of
transporting illegal narcotics to Colombia.
(2) As a result of the Peruvian interdiction program, the
number of illicit flights detected in recent months has dropped
to its lowest level in over three years and the price of
transporting narcotics out of Peru has risen by as much as 500
percent.
(3) The inability of the traffickers to move cocaine base
out of Peru has produced a glut of coca leaf and cocaine base
in Peru with a resulting 50 percent decline in the price.
(4) The Peruvian Government's ability to sustain the
success of its interdiction program is dependent on the
maintenance and upkeep of a very limited number of aircraft.
(5) As a result of the internal Peruvian political
situation and the conflict earlier this year between Peru and
Ecuador, the United States suspended military transfers to
Peru.
(6) As much as 80 percent of the cocaine that reaches the
United States comes from coca grown in Peru and the disruption
of the air corridor between Peru and Colombia is important to
United States counter narcotics efforts.
(7) The situations which led to the cutoff of military
equipment for the air interdiction effort have been
satisfactorily resolved or have progressed to a point where the
cutoff of this military equipment is no longer in the interest
of the United States.
(b) It is the sense of the Senate that the President should, as
soon as possible, provide limited spare parts and other military
equipment to the Government of Peru in support of Peruvian Air Force
efforts to monitor, intercept and interdict aircraft and other forms of
transportation engaged in illegal narcotics trafficking activities.
(178)Page 83, after line 17 insert:
Sec. 589. Of the funds appropriated for Turkey under the heading
``Economic Assistance'', not less than $5,000,000 shall be made
available only through non-governmental organizations to be used only
for projects in the ten southeastern provinces currently under a state
of emergency, and shall be used only for projects designed to promote
economic development, cultural and ethnic tolerance, and human rights
activities, and to support the development and activities of non-
governmental organizations.
(179)Page 83, after line 17 insert:
SEC. 590. HONG KONG ELECTIONS.
(a) Findings.--The Congress finds the following:
(1) The right to an elected legislature in Hong Kong is
guaranteed by the 1984 Sino-British Joint Declaration on the
Question of Hong Kong.
(2) The United States-Hong Kong Policy Act declared the
Congress's support for full implementation of the 1984 Sino-
British Joint Declaration;
(3) The People's Republic of China declared in the Joint
Declaration that Hong Kong would be ``vested legislative,
executive and independent judicial power'' and would have ``a
legislature constituted by elections''.
(4) On September 17, 1995, the highest number of Hong Kong
voters ever demonstrated their commitment to democracy by
freely expressing their right to vote in the Legislative
Council elections.
(5) The voters of Hong Kong have overwhelmingly expressed
their desire for the establishment of a fully democratic
government by electing 60 Legislative Councillors for four-year
terms.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the people of Hong Kong are to be congratulated for
exercising their right to vote on September 17, 1995;
(2) the People's Republic of China should respect the clear
will of the people of Hong Kong to have a fully democratic
government;
(3) the Government of the People's Republic of China should
enter into a dialogue with the democratically elected
representatives of the Hong Kong people; and
(4) the Government of the People's Republic of China should
respect the mandate of the elected members by withdrawing its
pledge to abolish the Legislative Council in violation of the
Joint Declaration's provisions on Hong Kong's legislature and
autonomy in all but defense and foreign affairs.
(180)Page 83, after line 17 insert:
Sec. 591. Sense of the Senate on Thailand.
(a) Findings.--The Senate makes the following findings--
(1) the Royal Thai Government has had a policy of not
supporting or cooperating with the Khmer Rouge; and
(2) Thailand is host to large numbers of persons displaced
from neighboring countries, including Burma, placing a
significant burden on Thailand's economy.
(b) Sense of the Senate.--It is the sense of the Senate that the
President should--
(1) affirm to the Royal Thai Government the support of the
United States for that Government's policy not to support or
cooperate with the Khmer Rouge and encourage the Royal Thai
Government to prosecute vigorously its efforts to prevent
cooperation between individual members of the Royal Thai Armed
Forces and the Khmer Rouge; and
(2) take appropriate steps to assist the Royal Thai
Government in providing and facilitating relief to displaced
persons from Burma and other neighboring countries and to
encourage that Government to fully cooperate in such relief
efforts.
(181)Page 83, after line 17 insert:
Sec. 592. Extension of Tied Aid Credit Program.--(a) Section
10(c)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i-3(c)(2))
is amended by striking ``1995'' and inserting ``1997''.
(b) Section 10(e) of the Export-Import Bank Act of 1945 (12 U.S.C.
635i-3(e)) is amended by striking ``1993, 1994, and 1995'' and
inserting ``1996 and 1997''.
Sec. 593. Authority to Conduct a Demonstration Project.--
Notwithstanding section 4701(a)(1)(A) of title 5, United States Code,
the Export-Import Bank of the United States may conduct a demonstration
project in accordance with section 4703 of such title 5.
(182)Page 83, after line 17 insert:
conventional weapons review
Sec. 594. (a) Findings.--The Congress makes the following findings:
(1) On September 26, 1994, the President declared that it
is a goal of the United States to eventually eliminate
antipersonnel landmines.
(2) On December 15, 1994, the United Nations General
Assembly adopted a resolution sponsored by the United States
which called for international efforts to eliminate
antipersonnel landmines.
(3) According to the Department of State, there are an
estimated 80,000,000 to 110,000,000 unexploded landmines in 62
countries.
(4) Antipersonnel landmines are routinely used against
civilian populations and kill and maim an estimated 70 people
each day, or 26,000 people each year.
(5) The Secretary of State has noted that landmines are
``slow-motion weapons of mass destruction''.
(6) There are hundreds of varieties of antipersonnel
landmines, from a simple type available at a cost of only two
dollars to the more complex self-destructing type, and all
landmines of whatever variety kill and maim civilians, as well
as combatants, indiscriminately.
(b) Conventional Weapons Convention Review.--It is the sense of
Congress that, at the United Nations conference to review the 1980
Conventional Weapons Convention, including Protocol II on landmines,
that is to be held from September 25 to October 13, 1995, the President
should actively support proposals to modify Protocol II that would
implement as rapidly as possible the United States goal of eventually
eliminating antipersonnel landmines.
(c) Moratorium on Use of Antipersonnel Landmines.--(1) United
States moratorium.--(A) For a period of one year beginning three years
after the date of the enactment of this Act, the United States shall
not use antipersonnel landmines except along internationally recognized
national borders or in demilitarized zones within a perimeter marked
area that is monitored by military personnel and protected by adequate
means to ensure the exclusion of civilians.
(B) If the President determines, before the end of the one year
period of the United States moratorium under subparagraph (A), that the
governments of other nations are implementing moratoria on use of
antipersonnel landmines similar to the United States moratorium, the
President may extend the period of the United States moratorium for
such additional period as the President considers appropriate.
(2) Other nations.--It is the sense of Congress that the President
should actively encourage the governments of other nations to join the
United States in solving the global landmine crisis by implementing
moratoria on use of antipersonnel landmines similar to the United
States moratorium as a step toward the elimination of antipersonnel
landmines.
(d) Antipersonnel Landmine Exports.--It is the sense of Congress
that, consistent with the United States moratorium on exports of
antipersonnel landmines and in order to further discourage the global
proliferation of antipersonnel landmines, the United States Government
should not sell, license for export, or otherwise transfer defense
articles and services to any foreign government which, as determined by
the President, sells, exports, or otherwise transfers antipersonnel
landmines.
(e) Definitions.--For purposes of this Act:
(1) Antipersonnel landmine.--(A) The term ``antipersonnel
landmine'' means any munition placed under, on, or near the
ground or other surface area, delivered by artillery, rocket,
mortar, or similar means, or dropped from an aircraft and which
is designed, constructed, or adapted to be detonated or
exploded by the presence, proximity, or contact of a person.
(B) The term ``antipersonnel landmine'' does not include
command detonated Claymore munitions.
(2) 1980 Conventional weapons convention.--The term ``1980
Conventional Weapons Convention'' means the Convention on
Prohibitions or Restrictions on the Use of Certain Conventional
Weapons Which May Be Deemed To Be Excessively Injurious or To
Have Indiscriminate Effects, together with the protocols
relating thereto, done at Geneva on October 10, 1980.
(183)Page 83, after line 17 insert:
SEC. 595. EXTENSION OF AU PAIR PROGRAMS.
Section 8 of the Eisenhower Exchange Fellowship Act of 1990 is
amended in the last sentence by striking ``fiscal year 1995'' and
inserting ``fiscal year 1998''.
(184)Page 83, after line 17 insert:
Sec. 596. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956: Provided, That
this section shall not apply with respect to any accounts for which a
general authorization of appropriations for fiscal year 1996 is enacted
in law on or before April 1, 1996.
(185)Page 83, after line 17 insert:
SEC. 597. CROATIAN-AMERICAN ENTERPRISE FUND.
(a) Designation of Fund.--The President shall designate a private,
nonprofit organization as eligible to receive funds and support
pursuant to this section with respect to Croatia in the same manner and
with the same limitations as set forth in section 201(d) of the Support
for East European Democracy (SEED) Act of 1989. Such organization shall
be known as the ``Croatian-American Enterprise Fund''.
(b) Application of SEED Act.--Except as otherwise specifically
provided in this section, the provisions contained in section 201 of
the Support for East European Democracy (SEED) Act of 1989 (excluding
the authorizations of appropriations provided in subsection (b) of that
section) shall apply to the Croatian-American Enterprise Fund. The
officers, members, or employees of the Croatian-American Enterprise
Fund shall enjoy the same status under law that is applicable to
officers, members, or employees of the Enterprise Funds for Poland and
Hungary under the Support for East European Democracy (SEED) Act of
1989.
(c) Authorization of Appropriations.--(1) There are authorized to
be appropriated to the President for purposes of this section, in
addition to funds otherwise available for such purposes, $12,000,000
for fiscal year 1996 to fund the Croatian-American Enterprise Fund
established under subsection (a).
(2) Funds appropriated under this subsection are authorized to
remain available until expended.
(d) Appropriations.--Of the funds appropriated or otherwise made
available by this Act under the heading entitled ``assistance for
eastern europe and the baltic states'', $12,000,000 shall be available
only to support the Croatian-American Fund established by subsection
(a).
(186)Page 83, after line 17 insert:
SEC. 598. SANCTIONS AGAINST COUNTRIES HARBORING WAR CRIMINALS.
(a) Bilateral Assistance.--Assistance may not be provided in any
fiscal year under the Foreign Assistance Act of 1961 or the Arms Export
Control Act for any country described in subsection (c).
(b) Multilateral Assistance.--The Secretary of the Treasury shall
instruct the United States executive directors of the international
financial institutions each fiscal year to work in opposition to, and
vote against, any extension by such institutions of financing or
financial or technical assistance to any country described in
subsection (c).
(c) Sanctioned Countries.--A country described in this subsection
is a country the government of which permits entry into or presence in
the territory of such country to any person--
(1) who has been indicted by the International Criminal
Tribunal for the former Yugoslavia, the International Criminal
Tribunal for Rwanda, or any other international tribunal with
similar standing under international law, or
(2) who has been indicted for war crimes or crimes against
humanity committed during the period beginning March 23, 1933
and ending on May 8, 1945 under the direction of, or in
association with--
(A) the Nazi government of Germany;
(B) any government in any area occupied by the
military forces of the Nazi government of Germany;
(C) any government which was established with the
assistance or cooperation of the Nazi government of
Germany; or
(D) any government which was an ally of the Nazi
government of Germany.
(d) Definitions.--As used in this section--
(1) the term ``international financial institutions''
includes the International Bank for Reconstruction and
Development, the International Development Association, the
International Monetary Fund, the European Bank for
Reconstruction and Development, the International Finance
Corporation, the Multilateral Investment Guarantee Agency, the
Inter-American Development Bank, the Inter-American Investment
Corporation, the African Development Bank, the African
Development Fund, and the Asian Development Bank; and
(2) the term ``war crime'' includes any offense which is--
(A) a grave breach of any of the four Geneva
Conventions for the Protection of War Victims of August
12, 1949;
(B) a violation of the Hague Convention (IV)
Respecting the Laws and Customs of War on Land of
October 18, 1907, or the Regulations annexed thereto;
(C) a violation of the Convention on the Prevention
and Punishment of the Crime of Genocide of December 9,
1948; or
(D) a violation of the Charter of the International
Military Tribunal of August 8, 1945.
(187)Page 83, after line 17 insert:
Sec. 599. Russian Compliance With the CFE Treaty and Priorities for
Modifying Existing Arms Control Treaties.--It is the sense of the
Senate that--
(a) the failure by the Russian Federation to meet any obligation
under the Treaty of the Conventional Armed Forces in Europe shall
constitute non-compliance with the Treaty;
(b) the United States should insist on full compliance by the
Russian Federation with all of the obligations of the Treaty on
Conventional Armed Forces in Europe;
(c) the Treaty on Conventional Armed Forces in Europe provides
adequate means by which the Russian Federation can meet its claimed
military requirements for treaty-limited equipment in the flank zone
defined by Article V of the Treaty, including movement of equipment
within the flank zone, temporary deployment of additional equipment to
the flank zone, and the temporary removal of equipment from designated
permanent storage sites located in the flank zone.
(188)Page 83, after line 17 insert:
TITLE VI--MIDDLE EAST PEACE FACILITATION ACT OF 1995
short title
Sec. 601. This title may be cited as the ``Middle East Peace
Facilitation Act of 1995''.
findings
Sec. 602. The Congress finds that--
(1) the Palestine Liberation Organization (hereafter the
``P.L.O.'') has recognized the State of Israel's right to exist
in peace and security; accepted United Nations Security Council
Resolutions 242 and 338; committed itself to the peace process
and peaceful coexistence with Israel, free from violence and
all other acts which endanger peace and stability; and assumed
responsibility over all P.L.O. elements and personnel in order
to assure their compliance, prevent violations, and discipline
violators;
(2) Israel has recognized the P.L.O. as the representative
of the Palestinian people;
(3) Israel and the P.L.O. signed a Declaration of
Principles on Interim Self-Government Arrangements (hereafter
the ``Declaration of Principles'') on September 13, 1993 at the
White House;
(4) Israel and the P.L.O. signed an Agreement on the Gaza
Strip and the Jericho Area (hereafter the ``Gaza-Jericho
Agreement'') on May 4, 1994 which established a Palestinian
Authority for the Gaza and Jericho areas;
(5) Israel and the P.L.O. signed an Agreement on
Preparatory Transfer of Powers and Responsibilities (hereafter
the ``Early Empowerment Agreement'') on August 29, 1994 which
provided for the transfer to the Palestinian Authority of
certain powers and responsibilities in the West Bank outside of
the Jericho Area;
(6) under the terms of the Declaration of Principles, the
Gaza-Jericho Agreement and the Early Empowerment Agreement, the
powers and responsibilities of the Palestinian Authority are to
be assumed by an elected Palestinian Council with jurisdiction
in the West Bank and Gaza Strip in accordance with the Interim
Agreement to be concluded between Israel and the P.L.O.;
(7) permanent status negotiations relating to the West Bank
and Gaza Strip are scheduled to begin by May 1996;
(8) the Congress has, since the conclusion of the
Declaration of Principles and the P.L.O.'s renunciation of
terrorism, provided authorities to the President to suspend
certain statutory restrictions relating to the P.L.O., subject
to Presidential certifications that the P.L.O. has continued to
abide by commitments made in and in connection with or
resulting from the good faith implementation of, the
Declaration of Principles;
(9) the P.L.O. commitments relevant to Presidential
certifications have included commitments to renounce and
condemn terrorism, to submit to the Palestinian National
Council for formal approval the necessary changes to those
articles of the Palestinian Covenant which call for Israel's
destruction, and to prevent acts of terrorism and hostilities
against Israel; and
(10) the President, in exercising the aforementioned
authorities, has certified to the Congress on four occasions
that the P.L.O. was abiding by its relevant commitments.
sense of congress
Sec. 603. It is the sense of the Congress that although the P.L.O.
has recently shown improvement in its efforts to fulfill its
commitments, it must do far more to demonstrate an irrevocable
denunciation of terrorism and ensure a peaceful settlement of the
Middle East dispute, and in particular it must--
(1) submit to the Palestine National Council for formal
approval the necessary changes to those articles of the
Palestinian National Covenant which call for Israel's
destruction;
(2) make greater efforts to pre-empt acts of terror, to
discipline violators and to contribute to stemming the violence
that has resulted in the deaths of 123 Israeli citizens since
the signing of the Declaration of Principles;
(3) prohibit participation in its activities and in the
Palestinian Authority and its successors by any groups or
individuals which continue to promote and commit acts of
terrorism;
(4) cease all anti-Israel rhetoric, which potentially
undermines the peace process;
(5) confiscate all unlicensed weapons and restrict the
issuance of licenses to those with legitimate need;
(6) transfer and cooperate in transfer proceedings relating
to any person accused by Israel to acts of terrorism; and
(7) respect civil liberties, human rights and democratic
norms.
authority to suspend certain provisions
Sec. 604. (a) In General.--Subject to subsection (b), beginning on
the date of enactment of this Act and for twelve months thereafter, the
President may suspend for a period of not more than 6 months at a time
any provision of law specified in subsection (d). Any such suspension
shall cease to be effective after 6 months, or at such earlier date as
the President may specify.
(b) Conditions.--
(1) Consultations.--Prior to each exercise of the authority
provided in subsection (a) or certification pursuant to
subsection (c), the President shall consult with the relevant
congressional committees. The President may not exercise that
authority or make such certification until 30 days after a
written policy justification is submitted to the relevant
congressional committees.
(2) Presidential certification.--The President may exercise
the authority provided in subsection (a) only if the President
certifies to the relevant congressional committees each time he
exercises such authority that--
(A) it is in the national interest of the United
States to exercise such authority;
(B) the P.L.O. continues to comply with all the
commitments described in paragraph (4); and
(C) funds provided pursuant to the exercise of this
authority and the authorities under section 583(a) of
Public Law 103-236 and section 3(a) of Public Law 103-
125 have been used for the purposes for which they were
intended.
(3) Requirement for continuing p.l.o. compliance.--
(A) The President shall ensure that P.L.O.
performance is continuously monitored and if the
President at any time determines that the P.L.O. has
not continued to comply with all the commitments
described in paragraph (4), he shall so notify the
relevant congressional committees and any suspension
under subsection (a) of a provision of law specified in
subsection (d) shall cease to be effective.
(B) Beginning six months after the date of
enactment of this Act, if the President on the basis of
the continuous monitoring of the P.L.O.'s performance
determines that the P.L.O. is not complying with the
requirements described in subsection (c), he shall so
notify the relevant congressional committees and no
assistance shall be provided pursuant to the exercise
by the President of the authority provided by
subsection (a) until such time as the President makes
the certification provided for in subsection (c).
(4) P.L.O. commitments described.--The commitments referred
to in paragraphs (2) and (3)(A) are the commitments made by the
P.L.O.--
(A) in its letter of September 9, 1993, to the
Prime Minister of Israel; in its letter of September 9,
1993, to the Foreign Minister of Norway to--
(i) recognize the right of the State of
Israel to exist in peace and security;
(ii) accept United Nations Security Council
Resolutions 242 and 338;
(iii) renounce the use of terrorism and
other acts of violence;
(iv) assume responsibility over all P.L.O.
elements and personnel in order to assure their
compliance, prevent violations and discipline
violators;
(v) call upon the Palestinian people in the
West Bank and Gaza Strip to take part in the
steps leading to the normalization of life,
rejecting violence and terrorism, and
contributing to peace and stability; and
(vi) submit to the Palestine National
Council for formal approval the necessary
changes to the Palestinian National Covenant
eliminating calls for Israel's destruction, and
(B) in, and resulting from, the good faith
implementation of the Declaration of Principles,
including good faith implementation of subsequent
agreements with Israel, with particular attention to
the objective of preventing terrorism, as reflected in
the provisions of the Gaza-Jericho Agreement
concerning--
(i) prevention of acts of terrorism and
legal measures against terrorists;
(ii) abstention from and prevention of
incitement, including hostile propaganda;
(iii) operation of armed forces other than
the Palestinian Police;
(iv) possession, manufacture, sale,
acquisition or importation of weapons;
(v) employment of police who have been
convicted of serious crimes or have been found
to be actively involved in terrorist activities
subsequent to their employment;
(vi) transfers to Israel of individuals
suspected of, charged with, or convicted of an
offense that falls within Israeli criminal
jurisdiction;
(vii) cooperation with the government of
Israel in criminal matters, including
cooperation in the conduct of investigations;
and
(viii) exercise of powers and
responsibilities under the agreement with due
regard to internationally accepted norms and
principles of human rights and the rule of law.
(5) Policy justification.--As part of the President's
written policy justification to be submitted to the relevant
Congressional Committees pursuant to paragraph (1), the
President will report on--
(A) the manner in which the P.L.O. has complied
with the commitments specified in paragraph (4),
including responses to individual acts of terrorism and
violence, actions to discipline perpetrators of terror
and violence, and actions to preempt acts of terror and
violence;
(B) the extent to which the P.L.O. has fulfilled
the requirements specified in subsection (c);
(C) actions that the P.L.O. has taken with regard
to the Arab League boycott of Israel;
(D) the status and activities of the P.L.O. office
in the United States; and
(E) the status of U.S. and international assistance
efforts in the areas subject to jurisdiction of the
Palestinian Authority or its successors.
(c) Requirement for Continued Provision of Assistance.--Six months
after the enactment of this Act, no assistance shall be provided
pursuant to the exercise by the President of the authority provided by
subsection (a), unless and until the President determines and so
certifies to the Congress that--
(1) if the Palestinian Council has been elected and assumed
its responsibilities, it has, within a reasonable time,
effectively disavowed and thereby nullified the articles of the
Palestine National Covenant which call for Israel's
destruction, unless the necessary changes to the Covenant have
already been submitted to the Palestine National Council for
formal approval;
(2) the P.L.O. has exercised its authority resolutely to
establish the necessary enforcement institutions; including
laws, police, and a judicial system, for apprehending,
prosecuting, convicting, and imprisoning terrorists;
(3) the P.L.O. has limited participation in the Palestinian
Authority and its successors to individuals and groups that
neither engage in nor practice terrorism or violence in the
implementation of their political goals;
(4) the P.L.O. has not provided any financial or material
assistance or training to any group, whether or not affiliated
with the P.L.O., to carry out actions inconsistent with the
Declaration of Principles, particularly acts of terrorism
against Israel;
(5) the P.L.O. has cooperated in good faith with Israeli
authorities in the preemption of acts of terrorism and in the
apprehension and trial of perpetrators of terrorist acts in
Israel, territories controlled by Israel and all areas subject
to jurisdiction of the Palestinian Authority and its
successors;
(6) the P.L.O. has exercised its authority resolutely to
enact and implement laws requiring the disarming of civilians
not specifically licensed to possess or carry weapons;
(7) the P.L.O. has not funded, either partially or wholly,
or has ceased funding, either partially or wholly, any office,
or other presence of the Palestinian Authority in Jerusalem;
and
(8) the P.L.O. is cooperating fully with the Government of
the United States on the provision of information on United
States nationals known to have been held at any time by the
P.L.O. or factions thereof.
(d) Provisions That May Be Suspended.--The provisions that may be
suspended under the authority of subsection (a) are the following:
(1) Section 307 of the Foreign Assistance Act of 1961 (22
U.S.C. 2227) as it applies with respect to the P.L.O. or
entities associated with it.
(2) Section 114 of the Department of State Authorization
Act, fiscal years 1984 and 1985 (22 U.S.C. 287e note) as it
applies with respect to the P.L.O. or entities associated with
it.
(3) Section 1003 of the Foreign Relations Authorization
Act, fiscal years 1988 and 1989 (22 U.S.C. 5202).
(4) Section 37 of the Bretton Woods Agreement Act (22
U.S.C. 286W) as it applies on the granting to the P.L.O. of
observer status or other official status at any meeting
sponsored by or associated with the International Monetary
Fund. As used in this paragraph, the term ``other official
status'' does not include membership in the International
Monetary Fund.
(e) Relevant Congressional Committees Defined.--As used in this
title, the term ``relevant congressional committees'' means--
(1) the Committee on International Relations, the Committee
on Banking and Financial Services, 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.
(189)Page 83, after line 17 insert:
limitation on assistance for haiti
Sec. 605. (a) Limitation.--None of the funds appropriated or
otherwise made available by this Act or any other Act may be furnished
to the Government of Haiti until the President determines and reports
in writing to the Congress that--
(1) the Government of Haiti has conducted or is conducting
a thorough and professional investigation into, and prosecution
of those responsible for the murder of Mireille Durocher de
Bertin on March 28, 1995, and other possible cases of political
or extrajudicial killings, including the 20 cases of
``commando-style executions'' cited by the United Nations/
Organization of American States International Civilian Mission
in Haiti on September 12, 1995;
(2)(A) the police and security forces of Haiti are not
assassinating or abducting civilians, are not engaging in other
acts of violence directed at civilians, and are controlling
such activities by elements subject to the control of those
forces; or
(B) the Government of Haiti is investigating effectively
the members within its police and security forces engaged in
acts of violence against civilians, and has put in place
effective policies to deter and punish such activities in the
future.
(3) the Government of Haiti has actively sought and
encouraged a law enforcement service from outside Haiti to
assist and monitor investigators of the Government of Haiti in
their investigation of the murders cited in paragraph (1)
above; and
(4)(A) the Government of Haiti has cooperated fully and in
a timely fashion with United States Federal Bureau of
Investigation efforts to investigate the murder of Mireille
Durocher de Bertin, including providing access to Haitian
Government employees in a manner which facilitates prosecution
of those responsible for her murder; or
(B) the Government of Haiti has not cooperated fully and in
a timely fashion with United States Federal Bureau of
Investigation efforts to investigate the murder of Mireille
Durocher de Bertin, including providing access to Haitian
Government employees in a manner which facilitates prosecution
of those responsible for her murder, in which case the
President shall submit a detailed accounting of the areas of
non-cooperation and his assessment of all the reasons for such
non-cooperation by the Government of Haiti.
(b) Report.--Not later than 60 days after enactment of this
section, the President shall report to the appropriate committees of
Congress, based on information available to him, on the identity or
identities of those responsible for the murder and any subsequent
coverup, and on the status of the Government of Haiti's investigation
of--
(1) the murder of American citizen Richard Andre Emmanuel
on February 13, 1991;
(2) the murders of Bastian Desrosiers, Stevenson
Desrosiers, Jacques Nelio, Pierre Schiller and Louis Walky on
July 26, 1991;
(3) the murder of Reverand Sylvio Claude on September 17,
1991;
(4) the murder of Roger Lanfontant on September 29, 1991;
(5) the murder of Antoine Izmery on September 11, 1993; and
(6) the murder of Minister of Justice Guy Malary on October
14, 1993.
(c) Humanitarian Assistance.--Nothing in this section shall be
construed to restrict the provision of humanitarian or electoral
assistance to the Haitian people by non-governmental or private
voluntary organizations.
(d) Waiver.--The president may waive the requirements of this
section if he determines and certifies to the appropriate committees of
Congress that it is necessary to facilitate the safe and timely
withdrawal of American forces from Haiti.
(190)Page 83, after line 17 insert:
limitation on funds to the territory of the bosniac-croat federation.
Sec. 606. Funds appropriated by this Act for activities in the
internationally-recognized borders of Bosnia and Herzegovina (other
than refugee and disaster assistance and assistance for restoration of
infrastructure, to include power grids, water supplies and natural gas)
may only be made available for activities in the territory of the
Bosniac-Croat Federation.
(191)Page 83, after line 17 insert:
plan recommending a strategic reorganization of the united nations
Sec. 607. (a) Sense of Congress Regarding United Nations Reform.--
It is the sense of Congress that--
(1) the 50th anniversary of the United Nations provides an
important opportunity for a comprehensive review of the
strengths and weaknesses of the United Nations and for the
identification and implementation of changes in the United
Nation that would improve its ability to discharge effectively
the objectives of the United Nations set forth in the United
Nations Charter;
(2) the structure of the United Nations system, which has
evolved over 50 years, should be subject to a comprehensive
review in order to identify the changes to the system that will
best serve the interests of the United States and of the
international community;
(3) the United States, as the strongest member state of the
United Nations, should lead this comprehensive review;
(4) reforms that produce a smaller, more focused, more
efficient United Nations with clearly defined missions are in
the interest of the United States and of the United Nations;
(5) the United States should develop a unified position in
support of reforms at the United Nations that are broadly
supported by both the legislative branch and the executive
branch;
(6) the need for reform of the United Nations is urgent;
and
(7) the failure to develop and implement promptly a
strategic reorganization of the United Nations will result in a
continued diminution of the relevance of the United Nations to
United States foreign policy and to international politics
generally.
(b) United Nations Reorganization Plan.--
(1) Requirement for plan.--The President shall submit to
Congress, together with the budget submitted pursuant to
section 1105 of title 31, United States Code, for fiscal year
1997, a plan recommending a strategic reorganization of the
United Nations.
(2) Requirement relating to development.--The President
shall develop the plan in consultation with Congress.
(3) Plan elements.--The plan should include the elements
described in subsection (c) and such other recommendations as
may be necessary to achieve the efficient, cost-effective
conduct of the responsibilities of the United Nations.
(c) Contents of Reorganization Plan.--It is the sense of the
Congress that the reorganization plan required by subsection (b)(1)
should--
(1) constitute a comprehensive statement of United States
policy toward reform of the United Nations;
(2) set forth an agenda to implement the reforms set forth
in the plan in a timely manner;
(3) include specific proposals to achieve--
(A) a substantial reduction in the number of
agencies within the United Nations system, including
proposals to consolidate, abolish, or restructure
mechanisms for financing agencies of the United Nations
that have a low priority;
(B) the identification and strengthening of the
core agencies of the United Nations system that most
directly serve the objectives of the United Nations set
forth in the United Nations Charter;
(C) the increased cooperation, and the elimination
of duplication, among United Nations agencies and
programs;
(D) the consolidation of the United Nations
technical cooperation activities between the United
Nations Headquarters and the offices of the United
Nations in Geneva, Switzerland, including the merger of
the technical cooperation functions of the United
Nations Development Program (UNDP), the United Nations
Population Fund (UNFPA), the United Nations
Environmental Program (UNEP), the United Nations
Industrial Development Organization (UNIDO), the
International Fund for Agricultural Development (IFAD),
the United Nations Capital Development Fund (UNCDF),
and the United Nations Development Fund for Women
(UNIFEM);
(E) the consolidation of the United Nations
emergency response mechanism by merging the emergency
functions of relevant United Nations agencies,
including the United Nations Children's Fund, the World
Food Program, and the Office of the United Nations High
Commissioner for Refugees;
(F) a substantial reduction in, or elimination of,
the cost and number of international conferences
sponsored by the United Nations;
(G) a significant strengthening of the
administrative and management capabilities of the
Secretary General of the United Nations, including a
cessation of the practice of reserving top Secretariat
posts for citizens of particular countries;
(H) a significant increase in the openness to the
public of the budget decision-making procedures of the
United Nations; and
(I) the establishment of a truly independent
inspector general at the United Nations; and
(4) include proposals to coordinate and implement proposals
for reform of the United Nations such as those proposals set
forth in the communique of the 21st annual summit of the Heads
of State and Government of the seven major industrialized
nations and the President of the European Commission at
Halifax, Nova Scotia, dated June 15-17, 1995.
(192)Page 83, after line 17 insert:
TITLE VII--NATO PARTICIPATION ACT AMENDMENTS OF 1995
SECTION 701. SHORT TITLE.
This title may be cited as the ``NATO Participation Act Amendments
of 1995''.
SEC. 702. FINDINGS.
The Congress makes the following findings:
(1) Since 1949, the North Atlantic Treaty Organization
(NATO) has played an essential role in guaranteeing the
security, freedom, and prosperity of the United States and its
partners in the Alliance.
(2) NATO has expanded its membership on three different
occasions since 1949.
(3) The sustained commitment of the member countries of
NATO to mutual defense of their security ultimately made
possible the democratic transformation in Central and Eastern
Europe and the demise of the Soviet Union.
(4) NATO was designed to be and remains a defensive
military organization whose members have never contemplated the
use of, or used, military force to expand the borders of its
member states.
(5) While the immediate threat to the security of the
United States and its allies has been reduced with the collapse
of the Iron Curtain, new security threats, such as the
situation in Bosnia and Herzegovina, are emerging to the shared
interests of the member countries of NATO.
(6) NATO remains the only multilateral security
organization capable of conducting effective military
operations to protect Western security interests.
(7) NATO has played a positive role in defusing tensions
between NATO members and, as a result, no military action has
occurred between two NATO member states since the inception of
NATO in 1949.
(8) NATO is also an important diplomatic forum for the
discussion of issues of concern to its member states and for
the peaceful resolution of disputes.
(9) America's security, freedom, and prosperity remain
linked to the security of the countries of Europe.
(10) Any threat to the security of the newly emerging
democracies in Europe would pose a security threat to the
United States and its European allies.
(11) The admission to NATO of European countries that have
been freed from Communist domination and that meet specific
criteria for NATO membership would contribute to international
peace and enhance the security of the region.
(12) A number of countries have expressed varying degrees
of interest in NATO membership, and have taken concrete steps
to demonstrate this commitment.
(13) Full integration of Central and East European
countries into the North Atlantic Alliance after such countries
meet essential criteria for admission would enhance the
security of the Alliance and, thereby, contribute to the
security of the United States.
(14) The expansion of NATO can create the stable
environment needed to successfully complete the political and
economic transformation envisioned by European states emerging
from Communist domination.
(15) In recognition that not all countries which have
requested membership in NATO will necessarily qualify at the
same pace, the accession date for each new member will vary.
(16) Nothing in this title should be construed as
precluding the eventual NATO membership of European countries
never under Communist domination, namely, Austria, Finland, and
Sweden.
(17) The provision of NATO transition assistance should
include those countries most ready for closer ties with NATO
and should be designed to assist other countries meeting
specified criteria of eligibility to move forward toward
eventual NATO membership.
(18) The evaluation of future membership in NATO for
countries emerging from Communist domination should be based on
the progress of those nations in meeting criteria for NATO
transition assistance and evolving NATO criteria, which require
enhancement of NATO's security and the approval of all NATO
members.
SEC. 703. UNITED STATES POLICY.
It should be the policy of the United States--
(1) to join with the NATO allies of the United States to
redefine the role of the NATO Alliance in the post-Cold War
world;
(2) to actively assist European countries emerging from
Communist domination in their transition so that such countries
may eventually qualify for NATO membership; and
(3) to work to define the political and security
relationship between an enlarged NATO and the Russian
Federation.
SEC. 704. REVISIONS TO PROGRAM TO FACILITATE TRANSITION TO NATO
MEMBERSHIP.
(a) Establishment of Program.--Subsection (a) of section 203 of the
NATO Participation Act of 1994 (title II of Public Law 103-447; 22
U.S.C. 1928 note) is amended to read as follows:
``(a) Establishment of Program.--The President may provide expanded
security assistance and other related assistance to countries
designated under subsection (d) to facilitate their transition to full
NATO membership.''.
(b) Eligible Countries.--
(1) Eligibility.--Subsection (d) of section 203 of such Act
is amended to read as follows:
``(d) Designation of Eligible Countries.--
``(1) Presidential review and report.--Within 60 days of
the enactment of the NATO Participation Act Amendments of 1995,
the President shall transmit to the Congress an evaluation of
Poland, Hungary, the Czech Republic, and Slovakia, as well as
all other European countries emerging from Communist domination
which have expressed an interest in joining NATO, in accordance
with the criteria in paragraph (3) and specifically designate
one or more of these countries to be eligible to receive
assistance under the program established in subsection (a). The
President shall provide a report of the country-by-country
evaluation as well as an evaluation of each designated
country's progress toward conformance with criteria for full
NATO membership.
``(2) Other european countries emerging from communist
domination.--In addition to the country or countries designated
pursuant to paragraph (1), the President may designate other
European countries emerging from Communist domination. The
President may make such a designation in the case of any such
country only if the President determines, and reports to the
designated congressional committees, that such country meets
the criteria specified in paragraph (3).
``(3) Criteria.--The criteria referred to in paragraph (2)
are, with respect to each country, that the country--
``(A) has made or is making significant progress
toward establishing--
``(i) shared values and interests;
``(ii) democratic governments;
``(iii) free market economies;
``(iv) civilian control of the military, of
the police, and of intelligence services;
``(v) adherence to the values, principles,
and political commitments embodied in the
Helsinki Final Act of the Organization on
Security and Cooperation in Europe; and
``(vi) more transparent defense budgets and
is participating in the Partnership For Peace
defense planning process;
``(B) has made public commitments--
``(i) to further the principles of NATO and
to contribute to the security of the North
Atlantic area;
``(ii) to accept the obligations,
responsibilities, and costs of NATO membership;
and
``(iii) to implement infrastructure
development activities that will facilitate
participation in and support for NATO military
activities;
``(C) is not ineligible for assistance under
section 563 of Public Law 103-306, with respect to
transfers of equipment to a country the government of
which the Secretary of State has determined is a
terrorist government for purposes of section 40(d) of
the Arms Export Control Act; and
``(D) could, within five years of the determination
of the President under paragraph (1) or (2), be in a
position to further the principles of the North
Atlantic Treaty and to contribute to its own security
and that of the North Atlantic area.
``(4) Prohibition on funding for partnership for peace
activities or on funding for the warsaw initiative.--Effective
60 days after the date of enactment of the NATO Participation
Act Amendments of 1995, no funds authorized to be appropriated
under any provision of law may be obligated or expended for
activities associated with the Partnership for Peace program or
the Warsaw Initiative until the President has designated at
least one country to participate in the transition program
established under subsection (a).''.
(2) Conforming amendments.--
(A) Subsections (b) and (c) of section 203 of such
Act are amended by striking ``countries described in
such subsection'' each of the two places it appears and
inserting ``countries designated under subsection
(d)''.
(B) Subsection (e) of section 203 of such Act is
amended--
(i) by striking ``subsection (d)'' and
inserting ``subsection (d)(2)''; and
(ii) by inserting ``(22 U.S.C. 2394)''
before the period at the end.
(C) Section 204(c) of such Act is amended by
striking ``any other Partnership for Peace country
designated under section 203(d)'' and inserting ``any
country designated under section 203(d)(2)''.
(c) Types of Assistance.--Section 203(c) of such Act is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively; and
(2) by inserting after subparagraph (D) (as redesignated)
the following new subparagraphs:
``(E) Assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961 (relating to the Economic Support Fund).
``(F) Funds appropriated under the `Nonproliferation and
Disarmament Fund' account''.
``(G) Assistance under chapter 6 of part II of the Foreign
Assistance Act of 1961 (relating to peacekeeping operations and
other programs).''.
``(H) Authority for the Department of Defense to pay excess
defense articles costs for countries designated for both grant
lethal and nonlethal excess defense articles.
``(I) Authority to convert FMF loans to grants, and grants
to loans, for eligible countries.
(3) by inserting ``(1)'' immediately after ``Type of
Assistance.--''; and
(4) by adding at the end the following new paragraphs:
``(2) For fiscal years 1996 and 1997, in providing assistance under
chapter 5 of part II of the Foreign Assistance Act of 1961 for the
countries designated under subsection (d), the President shall include
as an important component of such assistance the provision of
sufficient language training to enable military personnel to
participate further in programs for military training and in defense
exchange programs.
``(3) Of the amounts made available under chapter 5 of part II of
the Foreign Assistance Act of 1961 (relating to international military
education and training), $5,000,000 for fiscal year 1996 and $5,000,000
for fiscal year 1997 should support--
``(A) the attendance of additional military personnel of
countries designated under subsection (d)(1) or (d)(2),
particularly Poland, Hungary, the Czech Republic, and Slovakia,
at professional military education institutions in the United
States in accordance with section 544 of such Act; and
``(B) the placement and support of United States
instructors and experts at military educational centers within
the foreign countries designated under subsection (d) that are
receiving assistance under that chapter.''.
SEC. 705. ASSISTANCE FOR NATO PARTICIPATION ACT DESIGNEES.
The President is authorized to obligate and expend $60,000,000 from
funds made available under the Foreign Assistance Act of 1961 in
support of countries designated to receive transition assistance under
section 203(a) of the NATO Participation Act, as follows:
(1) Poland: $20,000,000.
(2) Czech Republic: $10,000,000.
(3) Hungary: $5,000,000.
(4) Slovakia: $5,000,000.
(5) Other European countries designated under subsection
(d)(1) or subsection (d)(2): $20,000,000.
SEC. 706. TERMINATION OF ELIGIBILITY.
Section 203(f) of the NATO Participation Act of 1994 (title II of
Public Law 103-447; 22 U.S.C. 1928 note) is amended to read as follows:
``(f) Termination of Eligibility.--(1) The eligibility of a country
designated under subsection (d) for the program established in
subsection (a) shall terminate 60 days after the President makes a
certification under paragraph (2) unless, within the 60-day period, the
Congress enacts a joint resolution disapproving the termination of
eligibility.
``(2) Whenever the President determines that the government of a
country designated under subsection (d)--
``(A) no longer meets the criteria set forth in subsection
(d)(2)(A);
``(B) is hostile to the NATO alliance; or
``(C) poses a national security threat to the United
States,
then the President shall so certify to the appropriate congressional
committees.
``(3) Nothing in this Act shall affect the eligibility of
countries to participate under other provisions of law in
programs described in this Act.
(b) Congressional Priority Procedures.--Section 203 of such Act is
amended by adding at the end the following new subsection:
``(g) Congressional Priority Procedures.--
``(1) Applicable procedures.--A joint resolution described
in paragraph (2) which is introduced in a House of Congress
after the date on which a certification made under subsection
(f)(2) is received by Congress shall be considered in
accordance with the procedures set forth in paragraphs (3)
through (7) of section 8066(c) of the Department of Defense
Appropriations Act, 1985 (as contained in Public Law 98-473 (98
Stat. 1936)), except that--
``(A) references to the `resolution described in
paragraph (1)' shall be deemed to be references to the
joint resolution; and
``(B) references to the Committee on Appropriations
of the House of Representatives and to the Committee on
Appropriations of the Senate shall be deemed to be
references to the Committee on International Relations
of the House of Representatives and the Committee on
Foreign Relations of the Senate.
``(2) Text of joint resolution.--A joint resolution under
this paragraph is a joint resolution the matter after the
resolving clause of which is as follows: `That the Congress
disapproves the certification submitted by the President on
____________ pursuant to section 203(f) of the NATO
Participation Act of 1994.'.''.
SEC. 707. REPORTS.
(a) Annual Report.--Section 206 of the NATO Participation Act of
1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), as
redesignated by section 705(1) of this Act, is amended--
(1) by inserting ``annual'' in the section heading before
the first word;
(2) by inserting ``annual'' after ``include in the'' in the
matter preceding paragraph (1);
(3) in paragraph (1), by striking ``Partnership for Peace''
and inserting ``European''; and
(4) by striking paragraph (2) and inserting instead the
following new paragraph:
``(2) In the event that the President determines that,
despite a period of transition assistance, a country designated
under section 203(d) has not, as of January 10, 1999, met
criteria for NATO membership set forth by the North Atlantic
Council, the President shall transmit a report to the
designated congressional committees containing an assessment of
the progress made by that country in meeting those
standards.''.
SEC. 708. DEFINITIONS.
The NATO Participation Act of 1994 (title II of Public Law 103-447;
22 U.S.C. 1928 note), as amended by this title, is further amended by
adding at the end the following new section:
``SEC. 207. DEFINITIONS.
``For purposes of this title:
``(1) NATO.--The term `NATO' means the North Atlantic
Treaty Organization.
``(2) Designated congressional committees.--The term
`designated congressional committees' means--
``(A) the Committee on International Relations, the
Committee on National Security, and the Committee on
Appropriations of the House of Representatives; and
``(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate.
``(3) European countries emerging from communist
domination.--The term `European countries emerging from
Communist domination' includes, but is not limited to, Albania,
Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania,
Moldova, Poland, Romania, Slovakia, Slovenia, and Ukraine.''.
(193)Page 83, after line 17 insert:
TITLE VIII--TO IMPOSE SANCTIONS AGAINST BURMA, AND COUNTRIES ASSISTING
BURMA, UNLESS BURMA OBSERVES BASIC HUMAN RIGHTS AND PERMITS POLITICAL
FREEDOMS.
SEC. 801. SANCTIONS AGAINST BURMA.
Except as provided in section 4, the following sanctions shall
apply to Burma, effective 90 days after the date of enactment of this
Act (or on such other date as is specified in this section):
(1) Investments.--No United States national may make any
investment in Burma.
(2) United states assistance.--United States assistance for
Burma is prohibited.
(3) Trade privileges.--The President shall continue the
suspension of special trade privileges pursuant to the
Generalized System of Preferences (GSP), and shall continue the
suspension of nondiscriminatory trade treatment (most-favored-
nation status), with respect to Burma.
(4) Importation of goods.--No article which is produced,
manufactured, grown, or extracted in Burma may be imported into
the United States.
(5) Trade and investment treaties.--The United States
should continue to suspend carrying out obligations under
bilateral trade and investment treaties with Burma.
(6) Travel restrictions.--The Secretary of State shall
prohibit the use of United States passports for travel to Burma
except for travel by United States diplomatic personnel.
(7) Diplomatic representation.--The President is urged not
to accept diplomatic representation from Burma at a level
greater than the level of diplomatic representation accorded
the United States in Burma.
(8) Foreign assistance.--The United States shall suspend
assistance under the Foreign Assistance Act of 1961 and the
Arms Export Control Act to any foreign government which sells
or otherwise transfers arms to the Government of Burma.
(9) International organizations contributions.--The United
States shall withhold from each international organization that
funds activities in Burma other than humanitarian activities an
amount equal to the United States proportionate share of that
funding.
(10) Multilateral assistance.--The Secretary of the
Treasury shall instruct the United States executive director of
each financial institution to vote against any loan or other
utilization of the funds of the respective bank to or for
Burma.
(11) Eminent persons group.--The President, acting through
the United States Permanent Representative to the United
Nations, should urge the United Nations to establish an eminent
persons group to report on compliance by the Government of
Burma with United Nations resolutions.
(12) International arms embargo.--The President, acting
through the United States Permanent Representative to the
United Nations, should urge the establishment by the United
Nations of an international arms embargo of Burma.
SEC. 802. AGREEMENTS TO IMPOSE SANCTIONS ON BURMA.
(a) Negotiations With Trading Partners.--
(1) In general.--Not later than 15 days after the date of
the enactment of this Act, the President shall initiate
negotiations with all foreign countries with which the United
States trades for the purpose of entering into agreements with
the countries--
(A) to support United States sanctions against
Burma, and
(B) to cease trade with and investment in Burma.
(2) Certification of negotiations and agreements.--Not
later than 90 days after the date of the enactment of this Act,
the President shall certify to the Congress each country that--
(A) has failed to enter into an agreement described
in paragraph (1), or
(B) has entered into such an agreement but is not
enforcing it.
(3) Action by the president.--Notwithstanding any other
provision of law, if a certification is made with respect to
any country under paragraph (2) the President shall withdraw--
(A) any designation of such country--
(i) as a beneficiary developing country for
purposes of title V of the Trade Act of 1974
(19 U.S.C. 2461 et seq.),
(ii) as a beneficiary country for purposes
of the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2701 et seq.), or
(iii) as a beneficiary country for purposes
of the Andean Trade Preference Act (19 U.S.C.
3201 et seq.),
(B) from such countries the benefits of any other
special tariff treatment program under which the
special rates of duty apply under column 1 of the
Harmonized Tariff Schedule of the United States, and
(C) most-favored-nation trade treatment with
respect to any such country.
(b) Applicability.--
(1) In general.--The provisions of this section apply to
goods entered, or withdrawn from warehouse for consumption,
originating in or imported from a country with respect to which
an action described in subsection (a)(3) has been taken, during
the period beginning on the date that is 15 days after the date
of the certification described in subsection (a)(2) and ending
on the date that is 15 days after the earlier of--
(A) the date the President certifies to the
Congress that such country has entered into an
agreement described in subsection (a)(1) and is
enforcing the agreement, or
(B) the date a certification described in section 4
is made.
(2) Rate of duty during period designation is withdrawn.--
During the period described in paragraph (1), goods entered, or
withdrawn from warehouse for consumption, originating in or
imported from a country described in subsection (a)(3) shall be
subject to duty at the rates of duty specified for such goods
under column 2 of the Harmonized Tariff Schedule of the United
States.
SEC. 803. CERTIFICATION.
The sanctions of section 801 shall not apply upon the determination
and certification by the President to the appropriate congressional
committees that the following conditions are met:
(1) The Government of Burma has unconditionally released
all political prisoners, including Aung San Suu Kyi.
(2) The Government of Burma has fully implemented the
results of the 1990 elections in Burma, including the transfer
of power to civilian authority, the protection of basic human
rights, and guaranteeing the right of Burmese citizens to
participate freely in the political process, assuring freedom
of speech and the right of association and assembly.
(3) The Government of Burma has implemented an effective
counternarcotics effort.
SEC. 804. SANCTIONS AGAINST THE PEOPLE'S REPUBLIC OF CHINA.
The Secretary of the Treasury shall instruct the United States
executive director of each multilateral financial institution to vote
against any loan or other utilization of the facilities of the
respective institution to or for the People's Republic of China until
the President determines and certifies to the appropriate congressional
committees that the People's Republic of China has terminated arms
sales and other arms transfers to Burma.
SEC. 805. SANCTIONS AGAINST THE GOVERNMENT OF THAILAND.
The President shall withhold all United States assistance to the
Government of Thailand until the President determines and certifies to
the appropriate congressional committees that the Government of
Thailand is fully cooperating in providing support and relief for
Burmese exiles and refugees.
SEC. 806. REPORT.
Not later than 45 days after the date of enactment of this Act, the
President shall submit a report to the appropriate congressional
committees on--
(1) the chemical and biological weapons capability of
Burma;
(2) a plan to provide United States assistance in support
of the democracy movement active inside Burma;
(3) the treatment by the Government of Thailand of Burmese
students, refugees, and exiles resident in Thailand; and
(4) the status of arms sales and other arms transfers to
the Government of Burma, including the amount of expenditures
by the Government of Burma in the acquisition of arms.
SEC. 807. DEFINITIONS.
As used in this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate and the Committee on Appropriations and the Committee on
International Relations of the House of Representatives.
(2) Investment.--The term ``investment'' includes any
contribution or commitment of funds, commodities, services,
patents, processes, or techniques, in the form of--
(A) a loan or loans;
(B) the purchase of a share of ownership;
(C) participation in royalties, earnings, or
profits; and
(D) the furnishing of commodities or services
pursuant to a lease or other contract.
(3) Humanitarian activities.--The term ``humanitarian
activities'' means the provision of food, medicine, medical
supplies, or clothing and does not include cash transfers.
(4) Financial institutions.--The term ``financial
institutions'' includes the International Bank for
Reconstruction and Development, the International Development
Association, the Asian Development Bank, and the International
Monetary Fund.
(5) United states assistance.--The term ``United States
assistance'' means assistance of any kind which is provided by
grant, sale, loan, lease, credit, guaranty, or insurance, or by
any other means, by any agency or instrumentality of the United
States Government to any foreign country, including--
(A) assistance under the Foreign Assistance Act of
1961 (including programs under title IV of chapter 2 of
part I of the Act);
(B) sales, credits, and guaranties under the Arms
Export Control Act (22 U.S.C. 2751 et seq.);
(C) sales under title I (7 U.S.C.A. 1701 et seq.)
or III (17 U.S.C.A. 1727 et seq.) and donations under
title II (17 U.S.C.A. 1721 et seq.) of the Agricultural
Trade Development and Assistance Act of 1954 of nonfood
commodities;
(D) other financing programs of the Commodity
Credit Corporation for export sales of nonfood
commodities; and
(E) financing under the Export-Import Bank Act of
1945 (12 U.S.C.A. 635 et seq.).
Attest:
Secretary.
104th CONGRESS
1st Session
H. R. 1868
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AMENDMENTS
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