[Congressional Record Volume 140, Number 5 (Monday, January 31, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: January 31, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


              FOREIGN RELATIONS AUTHORIZATION ACT OF 1994

                                 ______


                  LOTT (AND HELMS) AMENDMENT NO. 1315

  Mr. LOTT (for himself and Mr. Helms) proposed an amendment to the 
bill (S. 1281) to authorize appropriations for the fiscal years 1994 
and 1995 for the Department of State, and U.S. Information Agency, and 
related agencies, to provide for the consolidation of international 
broadcasting activities, and for other purposes; as follows:

       On page 82, after line 23, add the following new section:

     SEC. 170B. PROHIBITION ON SECURITY ASSISTANCE FOR COUNTRIES 
                   THAT CONSISTENTLY OPPOSE THE UNITED STATES 
                   POSITION IN THE UNITED NATIONS GENERAL 
                   ASSEMBLY.

       (a) Prohibition.--Security assistance may not be provided 
     to a country that consistently opposed the United States 
     position in the United Nations General Assembly during the 
     most recent session of the General Assembly.
       (b) Change in Government.--If--
       (1) the Secretary of State determines that, since the 
     beginning of the most recent session of the General Assembly, 
     there has been a fundamental change in the leadership and 
     policies of the government of a country to which the 
     prohibition in subsection (a) applies, and
       (2) the Secretary believes that because of that change the 
     government of that country will no longer consistently oppose 
     the United States position in the General Assembly.

     the Secretary may submit to the Congress a request that the 
     Congress enact an exemption from that prohibition for that 
     country. Any such exemption shall be effective only until 
     submission of the next report under section 406 of the 
     Foreign Relations Authorization Act, Fiscal Years 1990 and 
     1991. Any request for such an exemption shall be accompanied 
     by a discussion of the basis for the Secretary's 
     determination and belief.
       (c) Waiver Authority.--The Secretary of State may waive the 
     requirement of subsection (a) if the Secretary determines and 
     reports to the Congress that despite the United Nations 
     voting pattern of a particular country, the provision of 
     security assistance to that country is necessary to promote 
     United States foreign policy objectives.
       (d) Definitions.--As used in this section--
       (1) the term ``consistently opposed the United States 
     position'' means that the country's votes in the United 
     Nations General Assembly coincided with the United States 
     position less than 25 percent of the time, using for this 
     purpose the overall percentage-of-voting coincidences set 
     forth in the annual report submitted to the Congress pursuant 
     to section 406 of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991;
       (2) the term ``most recent session of the General 
     Assembly'' means the most recently completed plenary session 
     of the General Assembly for which overall percentage-of-
     voting coincidences is set forth in the most recent report 
     submitted to the Congress pursuant to section 406 of the 
     Foreign Relations Authorization Act, Fiscal Years 1990 and 
     1991; and
       (3) the term ``security assistance'' means assistance 
     under--
       (A) chapter 4 of part II of the Foreign Assistance Act of 
     1961 (relating to the economic support fund),
       (B) chapter 5 of part II of that Act (relating to 
     international military education and training), or
       (C) the ``Foreign Military Financing Program'' account 
     under section 23 of the Arms Export Control Act,

     except that the term does not include narcotics-related 
     assistance.
       (e) Effective Date.--This section takes effect upon 
     submission to the Congress of the report pursuant to section 
     406 of the Foreign Relations Authorization Act, Fiscal Years 
     1990 and 1991, that is required to be submitted by March 31, 
     1994.
                                 ______


                        HELMS AMENDMENT NO. 1316

  Mr. HELMS proposed an amendment to amendment No. 1315 proposed by Mr. 
Lott to the bill S. 1281, supra; as follows:

       Strike all after the first word, and insert:

     170B. PROHIBITION ON SECURITY ASSISTANCE FOR COUNTRIES THAT 
                   CONSISTENTLY OPPOSE THE UNITED STATES POSITION 
                   IN THE UNITED NATIONS GENERAL ASSEMBLY.

       (a) Prohibition.--Security assistance may not be provided 
     to a country that consistently opposed the United States 
     position in the United Nations General Assembly during the 
     most recent session of the General Assembly.
       (b) Change in Government.--If--
       (1) the Secretary of State determines that, since the 
     beginning of the most recent session of the General Assembly, 
     there has been a fundamental change in the leadership and 
     policies of the government of a country to which the 
     prohibition in subsection (a) applies, and
       (2) the Secretary believes that because of that change the 
     government of that country will no longer consistently oppose 
     the United States position in the General Assembly,

     the Secretary may submit to the Congress a request that the 
     Congress enact an exemption from that prohibition for that 
     country. Any such exemption shall be effective only until 
     submission of the next report under section 406 of the 
     Foreign Relations Authorization Act, Fiscal Years 1990 and 
     1991. Any request for such an exemption shall be accompanied 
     by a discussion of the basis for the Secretary's 
     determination and belief.
       (c) Waiver Authority.--The Secretary of State may waive the 
     requirement of subsection (a) if the Secretary determines and 
     reports to the Congress that despite the United Nations 
     voting pattern of a particular country, the provision of 
     security assistance to that country is necessary to promote 
     United States foreign policy objectives.
       (d) Definitions.--As used in this section--
       (1) the term ``consistently opposed the United States 
     position'' means that the country's votes in the United 
     Nations General Assembly coincided with the United States 
     position less than 30 percent of the time, using for this 
     purpose the overall percent-age-of-voting coincidences set 
     forth in the annual report submitted to the Congress pursuant 
     to section 406 of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991;
       (2) the term ``most recent session of the General 
     Assembly'' means the most recently completed plenary session 
     of the General Assembly for which overall percentage-of-
     voting coincidences is set forth in the most recent report 
     submitted to the Congress pursuant to section 406 of the 
     Foreign Relations Authorization Act, Fiscal Years 1990 and 
     1991; and
       (3) the term ``security assistance'' means assistance 
     under--
       (A) chapter 4 of part II of the Foreign Assistance Act of 
     1961 (relating to the economic support fund),
       (B) chapter 5 of part II of that Act (relating to 
     international military education and training), or
       (C) the ``Foreign Military Financing Program'' account 
     under section 23 of the Arms Export Control Act,

     except that the term does not include narcotics-related 
     assistance.
       (e) Effective Date.--This section takes effect upon 
     submission to the Congress of the report pursuant to section 
     406 of the Foreign Relations Authorization Act, Fiscal Years 
     1990 and 1991, that is required to be submitted by March 31, 
     1994.
                                 ______


                     COHEN AMENDMENT NOS. 1317-1318

  Mr. COHEN proposed two amendments to the bill S. 1281, supra; as 
follows:

       On page 179, after line 6, add the following:

     SEC. ______. REPORT ON RUSSIAN MILITARY OPERATIONS IN THE 
                   INDEPENDENT STATES OF THE FORMER SOVIET UNION.

       (a) In General.--Not later than July 1, 1994, the President 
     shall submit to Congress a report on the operations and 
     activities of the armed forces of the Russian Federation, 
     including elements purportedly operating outside the chain of 
     command of the armed forces of the Russian Federation, 
     outside the borders of the Russian Federation and, 
     specifically, in the other independent states that were a 
     part of the former Soviet Union and the Baltic States.
       (b) Content of Report.--The report required by subsection 
     (a) shall include, but not be limited to--
       (1) an assessment of the numbers and types of Russian armed 
     forces deployed in each of the other independent states of 
     the former Soviet Union and the Baltic States and a summary 
     of their operations and activities since the demise of the 
     Soviet Union in December 1991;
       (2) a detailed assessment of the involvement of Russian 
     armed forces in conflicts in or involving Armenia, 
     Azerbaijan, Georgia, Moldova, and Tajikistan, including 
     support provided directly or indirectly to one or more 
     parties to these conflicts;
       (3) an assessment of the political and military objectives 
     of the operations and activities discussed in paragraphs (1) 
     and (2) and of the strategic objectives of the Russian 
     Federation in its relations with the other independent states 
     of the former Soviet Union and the Baltic States;
       (4) an assessment of other significant actions, including 
     political and economic, taken by the Russian Federation to 
     influence the other independent states of the former Soviet 
     Union and the Baltic States in pursuit of its strategic 
     objectives; and
       (5) an analysis of the new Russian military doctrine 
     adopted by President Yeltsin on November 2, 1993, with 
     particular regard to its implications for Russian policy 
     toward the other independent states of the former Soviet 
     Union and the Baltic States.
       (c) Definitions.--For the purposes of this section--
       (1) ``the other independent states of the former Soviet 
     Union'' means Armenia, Azerbaijan, Belarus, Georgia, 
     Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, 
     Ukraine, and Uzbekistan; and
       (2) ``the Baltic States'' means Latvia, Lithuania, and 
     Estonia.
           On page 179, after line 6, add the following:

     SEC. ____. POLICY REGARDING GERMAN PARTICIPATION IN 
                   INTERNATIONAL PEACEKEEPING OPERATIONS.

       (a) Findings.--The Congress finds that--
       (1) for more than four decades following the Second World 
     War, Germany was a divided nation;
       (2) notwithstanding the creation of the Federal Republic of 
     Germany on September 7, 1949, and the German Democratic 
     Republic on October 7, 1949, the Four Allied Powers retained 
     rights and responsibilities for Germany as a whole;
       (3) the Federal Republic of Germany acceded to the United 
     Nations Charter without reservation, ``accept[ing] the 
     obligations contained in the Charter . . . and solemnly 
     undertak[ing] to carry them out'', and was admitted as a 
     member of the United Nations on September 26, 1973;
       (4) the Federal Republic of Germany's admission to the 
     United Nations did not alter Germany's division nor infringe 
     upon the rights and responsibilities of the Four Allied 
     Powers for Germany as a whole;
       (5) these circumstances created impediments to the Federal 
     Republic of Germany fulfilling all obligations undertaken 
     upon its accession to the United Nations Charter;
       (6) Germany was unified within the Federal Republic of 
     Germany on October 3, 1990;
       (7) with the entry into force of the Final Settlement With 
     Respect to Germany on March 4, 1991, the unified Germany 
     assumed its place in the community of nations as a fully 
     sovereign national state;
       (8) German unification and attainment of full sovereignty 
     and the Federal Republic's history of more than four decades 
     of democracy have removed impediments that have prevented its 
     full participation in international efforts to maintain or 
     restore international peace and security;
       (9) international peacekeeping, peacemaking, and peace-
     enforcing operations are becoming increasingly important for 
     the maintenance and restoration of international peace and 
     security;
       (10) United Nations Secretary General Boutros Boutros-Ghali 
     has called for the ``full participation of Germany in 
     peacekeeping, peacemaking, and peace-enforcing measures'';
       (11) the North Atlantic Council, meeting in ministerial 
     session on June 4, 1992, and December 17, 1992, stated the 
     preparedness of the North Atlantic Alliance to ``support, on 
     a case-by-case basis in accordance with our own procedures, 
     peacekeeping activities under the responsibility of the 
     Conference on Security and Cooperation in Europe'' and 
     ``peacekeeping operations under the authority of the United 
     Nations Security Council'';
       (12) the Federal Republic of Germany participated in these 
     North Atlantic Council meetings and fully associated itself 
     with the resulting communiques;
       (13) the Western European Union (WEU) Ministerial Council, 
     in the Petersberg Declaration adopted June 19, 1992, declared 
     that ``As the WEU develops its operational capabilities in 
     accordance with the Maastricht Declaration, we are prepared 
     to support, on a case-by-case basis and in accordance with 
     our own procedures, the effective implementation of conflict-
     prevention and crisis-management measures, including 
     peacekeeping activities of the CSCE or the United Nations 
     Security Council'';
       (14) the Federal Republic of Germany presided over this 
     Western European Union Ministerial Council meeting and fully 
     associated itself with the Petersberg Declaration;
       (15) the Federal Republic of Germany, by virtue of its 
     political, economical and military status and potential, will 
     play an important role in determining the success or failure 
     of future international efforts to maintain or restore 
     international peace and security;
       (16) Germany is currently engaged in a debate on the proper 
     role for the German military in the international community 
     and, in this regard, on how to amend the provisions of the 
     Federal Republic's Basis Law that govern German military 
     activities;
       (17) one important element in the German debate is the 
     attitude of the international community toward full German 
     participation in international peacekeeping, peacemaking, and 
     peace-enforcing operations;
       (18) it is, therefore, appropriate for the United States, 
     as a member of the international community and as a permanent 
     member of the United Nations Security Council, to express its 
     position on the question of such German participation; and
       (19) distinctions between peacekeeping, peacemaking, and 
     peace-enforcing measures are becoming blurred, making 
     absolute separation of such measures difficult, if not 
     impossible.
       (b) Sense of Congress.--Is is the sense of the Congress 
     that--
       (1) an appropriate response under current circumstances to 
     Germany's past would be for Germany to participate fully in 
     international efforts to maintain or restore international 
     peace and security; and
       (2) the President should strongly encourage Germany, in 
     light of its increasing political and economic influence, its 
     successful integration into international institutions, and 
     its commitments to peace and democratic ideals, to assume 
     full and active participation in international peacekeeping, 
     peacemaking and peace-enforcing operations and to take the 
     necessary measures with regard to its constitution law and 
     policy and its military capabilities so as to enable the full 
     and active participation of Germany in such operations.
                                 ______


                        HELMS AMENDMENT NO. 1319

  Mr. HELMS proposed an amendment to the bill S. 1281, supra; as 
follows:

       On page 179, after line 6, insert the following:

     SEC. 714. PROHIBITION ON ASSISTANCE TO COUNTRIES 
                   EXPROPRIATING UNITED STATES PROPERTY.

       (a) Prohibition.--None of the funds made available to carry 
     out the Foreign Assistance Act of 1961 as amended, the Arms 
     Export Control Act, or the Support for East European 
     Democracy Act may be provided to a country (other than a 
     country described in subsection (c) whose government (or any 
     agency or instrument thereof)--
       (1) has before, on, or after the date of enactment of this 
     Act--
       (A) nationalized or expropriated the property of any United 
     States person,
       (B) repudiated or nullified any contract or agreement with 
     any United States person, or
       (C) taken any other action (such as the imposition of 
     discriminatory taxes or other exactions) which has the effect 
     of seizing ownership or control of the property of any United 
     States person, and
       (2) has not, within a period of 3 years (or where 
     applicable, the period described in subsection (b), returned 
     the property or provided adequate and effective compensation 
     for such property in convertible foreign exchange equivalent 
     to the full value thereof, as required by international law.
       (3) the President may waive the prohibition in section (a) 
     if he determines and so notifies Congress that it is in the 
     national interest to do so. Such determination must be made 
     on a country by country basis every 180 days.
       (b) Extended Period for Compensation in the Case of Newly 
     Elected Democratic Governments.--In the case of a 
     democratically elected foreign government that had been a 
     totalitarian or authoritarian government at the time of the 
     action described in subsection (a)(1), the 3-year period 
     described in subsection (a)(2) shall be deemed to have begun 
     as of the date of the installation of the democratically 
     elected government.
       (c) Excepted Countries and Territories.--This section shall 
     not apply to any country established by international mandate 
     through the United Nations or to any territory recognized by 
     the United States Government to be in dispute.
       (d) Reporting Requirement.--Not later than 90 days after 
     enactment of this Act, and every 180 days thereafter, the 
     Secretary of State shall transmit to the Speaker of the House 
     of Representatives and to the Committee on Foreign Relations 
     of the Senate, a report containing the following:
       (1) A list of all countries in which a United States person 
     has an outstanding expropriations claim.
       (2) The total number of outstanding expropriation claims 
     made by United States persons against any foreign country.
       (3) The period of time in which each claim has been 
     outstanding.
       (4) All efforts made on a case by case basis by the United 
     States government, any international organization, and the 
     country in which the expropriation claim has been made, to 
     return the property or provide adequate and effective 
     compensation for such property.
       (e) Definition.--For purposes of this section, the term 
     ``United States person'' means a United States citizen or 
     corporation, partnership, or association at least 50 percent 
     beneficially owned by United States citizens.
                                 ______


                        HELMS AMENDMENT NO. 1320

  Mr. Helms proposed an amendment to the bill S. 1281, supra; as 
follows:

       On page 32, line 19, strike out ``20'' and insert in lieu 
     thereof ``18''.
       Beginning on page 32, strike out line 21 and all that 
     follows through line 3 on page 33.
       On page 33, line 4, strike out ``(c)'' and insert in lieu 
     thereof ``(b)''.
       On page 34, line 19, strike out ``(20)'' and insert in lieu 
     thereof ``(18)''.
       On page 34, line 22, strike out ``(d)'' and insert in lieu 
     thereof ``(c)''.
       On page 35, line 5, strike out ``(e)'' and insert in lieu 
     thereof ``(d)''.
                                 ______


                 GLENN (AND OTHERS) AMENDMENT NO. 1321

  Mr. GLENN (for himself, Mr. Pell, Mr. Helms, Mr. Riegle, Mr. Simon, 
Mr. D'Amato, Mr. Akaka, Mr. Campbell, and Mr. Kerrey) proposed an 
amendment to the bill S. 1281, supra; as follows:

       On page 179, after line 6, add the following new title:
        TITLE ____--NUCLEAR PROLIFERATION PREVENTION ACT OF 1994

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Nuclear Proliferation 
     Prevention Act of 1994''.
                Subtitle A--Reporting on Nuclear Exports

     SEC. ____11. REPORTS TO CONGRESS.

       Section 601(a) of the Nuclear Non-Proliferation Act of 1978 
     (22 U.S.C. 3281(a)) is amended--
       (1) in paragraph (4), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (5), by striking the period and inserting 
     a semicolon; and
       (3) by adding after paragraph (5) the following:
       ``(6) a description of the implementation of nuclear and 
     nuclear-related dual-use export controls in the preceding 
     calendar year, including a summary by type of commodity and 
     destination of--
       ``(A) all transactions for which--
       ``(i) an export license was issued for any good controlled 
     under section 309(c) of the Nuclear Non-Proliferation Act of 
     1978;
       ``(ii) an export license was issued under section 109 b. of 
     the 1954 Act;
       ``(iii) approvals were issued under the Export 
     Administration Act of 1979, or section 109 b.(3) of the 1954 
     Act, for the retransfer of any item, technical data, 
     component, or substance; or
       ``(iv) authorizations were made as required by section 57 
     b.(2) of the 1954 Act to engage, directly or indirectly, in 
     the production of special nuclear material;
       ``(B) each instance in which--
       ``(i) a sanction has been imposed under section ____21(a) 
     of the Nuclear Proliferation Prevention Act of 1994, section 
     1002(b)(1) of the Arms Export Control Act, or section 601 or 
     602 of the Federal Deposit Insurance Corporation Improvement 
     Act of 1991;
       ``(ii) sales or leases have been denied under section 3(f) 
     of the Arms Export Control Act or transactions prohibited by 
     reason of acts relating to proliferation of nuclear explosive 
     devices as described in section 40(d) of that Act;
       ``(iii) a sanction has not been imposed by reason of 
     section ____21(c)(2) of the Nuclear Proliferation Prevention 
     Act of 1994 or the imposition of a sanction has been delayed 
     under section 1002(b)(4) of the Arms Export Control Act; or
       ``(iv) a waiver of a sanction has been made under--

       ``(I) section ____21(f) of the Nuclear Proliferation 
     Prevention Act of 1994,
       ``(II) section 620E(d) of the Foreign Assistance Act of 
     1961, or paragraph (5) or (6)(B) of section 1002(b) of the 
     Arms Export Control Act,
       ``(III) section 605 of the Federal Deposit Insurance 
     Corporation Improvement Act of 1991;
       ``(IV) section 40(g) of the Arms Export Control Act with 
     respect to the last sentence of section 40(d) of that Act, or
       ``(V) section 614 of the Foreign Assistance Act of 1961 
     with respect to section 620E of that Act or section 3(f), the 
     last sentence of section 40(d), or 1002(b)(1) of the Arms 
     Export Control Act; and

       ``(C) the progress of those independent states of the 
     former Soviet Union that are non-nuclear-weapon states and of 
     the Baltic states towards achieving the objective of applying 
     full scope safeguards to all their peaceful nuclear 
     activities.
     Portions of the information required by paragraph (6) may be 
     submitted in classified form, as necessary. Any such 
     information that may not be published or disclosed under 
     section 12(c)(1) of the Export Administration Act of 1979 
     shall be submitted as confidential.''.
             Subtitle B--Sanction for Nuclear Proliferation

     SEC. ____21. IMPOSITION OF SANCTION.

       (a) Determination by the President.--
       (1) In general.--Except as provided in subsection (b)(2), 
     the President shall impose the sanction described in 
     subsection (c) if the President determines in writing that a 
     foreign person or a United States person, on or after the 
     effective date of this subtitle, has materially and with 
     requisite knowledge contributed--
       (A) through the export from the United States of any goods 
     or technology that are subject to the jurisdiction of the 
     United States, or
       (B) through the export from any other country of any goods 
     or technology that would be, if they were exported from the 
     United States, subject to the jurisdiction of the United 
     States,
     to the efforts by any individual, group, or non-nuclear-
     weapon state to acquire unsafeguarded special nuclear 
     material or to use, develop, produce, stockpile, or otherwise 
     acquire any nuclear explosive device.
       (2) Persons against which the sanction is to be imposed.--
     The sanction shall be imposed pursuant to paragraph (1) on--
       (A) the foreign person or United States person with respect 
     to which the President makes the determination described in 
     that paragraph;
       (B) any successor entity to that foreign person or United 
     States person;
       (C) any foreign person or United States person that is a 
     parent or subsidiary of that person if that parent or 
     subsidiary materially and with requisite knowledge assisted 
     in the activities which were the basis of that determination; 
     and
       (D) any foreign person or United States person that is an 
     affiliate of that person if that affiliate materially and 
     with requisite knowledge assisted in the activities which 
     were the basis of that determination and if that affiliate is 
     controlled in fact by that foreign person.
       (3) Other sanctions available.--The sanctions which are 
     required to be imposed for activities described in this 
     subsection are in addition to any other sanction which may be 
     imposed for the same activities under any other provision of 
     law.
       (4) Definition.--For purposes of this subsection, the term 
     ``requisite knowledge'' means situations in which a person 
     ``knows'', as ``knowing'' is defined in section 104 of the 
     Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2).
       (b) Consultation With and Actions by Foreign Government of 
     Jurisdiction.--
       (1) Consultations.--If the President makes a determination 
     described in subsection (a)(1) with respect to a foreign 
     person, the Congress urges the President to initiate 
     consultations immediately with the government with primary 
     jurisdiction over that foreign person with respect to the 
     imposition of the sanction pursuant to this section.
       (2) Actions by government of jurisdiction.--In order to 
     pursue such consultations with that government, the President 
     may delay imposition of the sanction pursuant to this section 
     for up to 90 days. Following these consultations, the 
     President shall impose the sanction unless the President 
     determines and certifies in writing to the Congress that that 
     government has taken specific and effective actions, 
     including appropriate penalties, to terminate the involvement 
     of the foreign person in the activities described in 
     subsection (a)(1). The President may delay the imposition of 
     the sanction for up to an additional 90 days if the President 
     determines and certifies in writing to the Congress that that 
     government is in the process of taking the actions described 
     in the preceding sentence.
       (3) Report to congress.--Not later than 90 days after 
     making a determination under subsection (a)(1), the President 
     shall submit to the Committee on Foreign Relations and the 
     Committee on Governmental Affairs of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report on the status of consultations with the appropriate 
     government under this subsection, and the basis for any 
     determination under paragraph (2) of this subsection that 
     such government has taken specific corrective actions.
       (c) Sanction.--
       (1) Description of sanction.--The sanction to be imposed 
     pursuant to subsection (a)(1) are, except as provided in 
     paragraph (2) of this subsection, that the United States 
     Government shall not procure, or enter into any contract for 
     the procurement of, any goods or services from any person 
     described in subsection (a)(2).
       (2) Exceptions.--The President shall not be required to 
     apply or maintain the sanction under this section--
       (A) in the case of procurement of defense articles or 
     defense services--
       (i) under existing contracts or subcontracts, including the 
     exercise of options for production quantities to satisfy 
     requirements essential to the national security of the United 
     States;
       (ii) if the President determines in writing that the person 
     or other entity to which the sanction would otherwise be 
     applied is a sole source supplier of the defense articles or 
     services, that the defense articles or services are 
     essential, and that alternative sources are not readily or 
     reasonably available; or
       (iii) if the President determines in writing that such 
     articles or services are essential to the national security 
     under defense coproduction agreements;
       (B) to products or services provided under contracts 
     entered into before the date on which the President publishes 
     his intention to impose the sanction;
       (C) to--
       (i) spare parts which are essential to United States 
     products or production;
       (ii) component parts, but not finished products, essential 
     to United States products or production; or
       (iii) routine servicing and maintenance of products, to the 
     extent that alternative sources are not readily or reasonably 
     available;
       (D) to information and technology essential to United 
     States products or production; or
       (E) to medical or other humanitarian items.
       (d) Advisory Opinions.--Upon the request of any person, the 
     Secretary of State may, in consultation with the Secretary of 
     Defense, issue in writing an advisory opinion to that person 
     as to whether a proposed activity by that person would 
     subject that person to the sanction under this section. Any 
     person who relies in good faith on such an advisory opinion 
     which states that the proposed activity would not subject a 
     person to such sanction, and any person who thereafter 
     engages in such activity, may not be made subject to such 
     sanction on account of such activity.
       (e) Termination of the Sanction.--The sanction imposed 
     pursuant to this section shall apply for a period of at least 
     12 months following the imposition of the sanction and shall 
     cease to apply thereafter only if the President determines 
     and certifies in writing to the Congress that--
       (1) reliable information indicates that the foreign person 
     or United States person with respect to which the 
     determination was made under subsection (a)(1) has ceased to 
     aid or abet any individual, group, or non-nuclear-weapon 
     state in its efforts to acquire unsafeguarded special nuclear 
     material or any nuclear explosive device, as described in 
     that subsection; and
       (2) the President has received reliable assurances from the 
     foreign person or United States person, as the case may be, 
     that such person will not, in the future, aid or abet any 
     individual, group, or non-nuclear-weapon state in its efforts 
     to acquire unsafeguarded special nuclear material or any 
     nuclear explosive device, as described in subsection (a)(1).
       (f) Waiver.--
       (1) Criterion for waiver.--The President may waive the 
     application of the sanction imposed on any person pursuant to 
     this section, after the end of the 12-month period beginning 
     on the date on which that sanction was imposed on that 
     person, if the President determines and certifies in writing 
     to the Congress that the continued imposition of the sanction 
     would have a serious adverse effect on vital United States 
     interests.
       (2) Notification of and report to congress.--If the 
     President decides to exercise the waiver authority provided 
     in paragraph (1), the President shall so notify the Congress 
     not less than 20 days before the waiver takes effect. Such 
     notification shall include a report fully articulating the 
     rationale and circumstances which led the President to 
     exercise the waiver authority.
       (g) Definitions.--For purposes of this section--
       (1) the term ``foreign person'' means--
       (A) an individual who is not a citizen of the United States 
     or an alien admitted for permanent residence to the United 
     States; or
       (B) a corporation, partnership, or other nongovernment 
     entity which is created or organized under the laws of a 
     foreign country or which has its principal place of business 
     outside the United States; and
       (2) the term ``United States person'' means--
       (A) an individual who is a citizen of the United States or 
     an alien admitted for permanent residence to the United 
     States; or
       (B) a corporation, partnership, or other entity which is 
     not a foreign person.

     SEC. ____22. ELIGIBILITY FOR ASSISTANCE.

       (a) Amendments to the Arms Export Control Act.--(1) Section 
     3 of the Arms Export Control Act (22 U.S.C. 2753) is amended 
     by adding at the end the following new subsection:
       ``(f) No sales or leases shall be made to any country that 
     the President has determined is in material breach of its 
     binding commitments to the United States under international 
     treaties or agreements concerning the nonproliferation of 
     nuclear explosive devices (as defined in section ____30(3) of 
     the Nuclear Proliferation Prevention Act of 1994) and 
     unsafeguarded special nuclear material (as defined in section 
     ____30(6) of that Act).''.
       (2) Section 40 of such Act (22 U.S.C. 2780) is amended--
       (A) in subsection (d), by adding at the end the following 
     new sentence: ``For purposes of this subsection, such acts 
     shall include all activities that the Secretary determines 
     willfully aid or abet the international proliferation of 
     nuclear explosive devices to individuals or groups or 
     willfully aid or abet an individual or groups in acquiring 
     unsafeguarded special nuclear material.''; and
       (B) in subsection (l)--
       (i) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (ii) in paragraph (3), by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(4) the term `nuclear explosive device' has the meaning 
     given that term in section ____30(3) of the Nuclear 
     Proliferation Prevention Act of 1994; and
       ``(5) the term `unsafeguarded special nuclear material' has 
     the meaning given that term in section ____30(6) of the 
     Nuclear Proliferation Prevention Act of 1994.''.
       (b) Amendment to the Foreign Assistance Act of 1961.--
       (1) Notwithstanding any other provision of law, 
     Presidential Determination No. 82-7 of February 10, 1982, 
     made pursuant to section 670(a)(2) of the Foreign Assistance 
     Act of 1961, shall have no force or effect with respect to 
     any grounds for the prohibition of assistance under section 
     1002(a)(1) of the Arms Eport Act arising on or after the 
     effective date of this subtitle.
       (2) Section 620E(d) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2375(d)) is amended to read as follows:
       ``(d) The President may waive the prohibitions of section 
     1001 of the Arms Export Control Act with respect to any 
     grounds for the prohibition of assistance under that section 
     arising before the effective date of subtitle B of the 
     Nuclear Proliferation Prevention Act of 1994 to provide 
     assistance to Pakistan if he determines that to do so is in 
     the national interest of the United States.''.

     SEC. ____23. ROLE OF INTERNATIONAL FINANCIAL INSTITUTIONS.

       (a) In General.--The Secretary of the Treasury shall 
     instruct the United States executive director to each of the 
     international financial institutions described in section 
     701(a) of the International Financial Institutions Act (22 
     U.S.C. 262d(a)) to use the voice and vote of the United 
     States to oppose any direct or indirect use of the 
     institution's funds to promote the acquisition of 
     unsafeguarded special nuclear material or the development, 
     stockpiling, or use of any nuclear explosive device by any 
     non-nuclear-weapon state.
       (b) Duties of United States Executive Directors.--Section 
     701(b)(3) of the International Financial Institutions Act (22 
     U.S.C. 262d(b)(3)) is amended to read as follows:
       ``(3) whether the recipient country--
       ``(A) is seeking to acquire unsafeguarded special nuclear 
     material (as defined in section ____30(6) of the Nuclear 
     Proliferation Prevention Act of 1994) or a nuclear explosive 
     device (as defined in section ____30(3) of that Act);
       ``(B) is not a State Party to the Treaty on Non-
     Proliferation of Nuclear Weapons; or
       ``(C) has detonated a nuclear explosive device; and''.

     SEC. ____24. AMENDMENTS TO THE FEDERAL DEPOSIT INSURANCE 
                   CORPORATION IMPROVEMENT ACT OF 1991.

       The Federal Deposit Insurance Corporation Improvement Act 
     of 1991 is amended by adding at the end the following new 
     title:
            ``TITLE VI--SANCTIONS ON FINANCIAL INSTITUTIONS

     ``SEC. 601. PRESIDENTIAL DETERMINATION.

       ``(a) In General.--The prohibitions in section 603 shall be 
     imposed on a financial institution if the President 
     determines in writing that such financial institution, on or 
     after the date which is 60 days after the date of enactment 
     of this section, has materially and with requisite knowledge 
     contributed, through provision of financing or other 
     services, to the efforts by any individual, group, or non-
     nuclear-weapon state to acquire unsafeguarded special nuclear 
     material or to use, develop, produce, stockpile, or otherwise 
     acquire any nuclear explosive device, as these standards and 
     terms would be applied under section ____21(a) of the Nuclear 
     Proliferation Prevention Act of 1994.
       ``(b) Presidential Order.--Whenever the President makes a 
     determination under subsection (a) with respect to a 
     financial institution, the President shall issue an order 
     specifying a date within 180 days after such determination on 
     which the prohibitions in section 603 shall begin to apply to 
     such institution.

     ``SEC. 602. ADDITIONAL ENTITIES AGAINST WHICH SANCTIONS ARE 
                   TO BE IMPOSED.

       ``The prohibitions described in section 603 shall also be 
     imposed, pursuant to section 601, on--
       ``(1) any successor entity to the financial institution 
     with respect to which the President makes a determination 
     under section 601(a);
       ``(2) any foreign person or United States person that is a 
     parent or subsidiary of that financial institution if that 
     parent or subsidiary materially and with requisite knowledge 
     assisted in the activities which were the basis of that 
     determination; and
       ``(3) any foreign person or United States person that is an 
     affiliate of that financial institution if that affiliate 
     materially and with requisite knowledge assisted in the 
     activities which were the basis of such determination and if 
     that affiliate is controlled in fact by that financial 
     institution.

     ``SEC. 603. PROHIBITIONS.

       ``The following prohibitions shall apply to a financial 
     institution with respect to which a determination is made 
     under section 601(a) and to the entities described in section 
     602:
       ``(1) Ban on dealings in government finance.--
       ``(A) Designation as primary dealer.--Neither the Board of 
     Governors of the Federal Reserve System nor the Federal 
     Reserve Bank of New York may designate, or permit the 
     continuation of any prior designation of, such financial 
     institution or any such entity as a primary dealer in United 
     States Government debt instruments.
       ``(B) Government funds.--Such financial institution or any 
     such entity shall not serve as agent of the United States 
     Government or serve as repository for United States 
     Government funds.
       ``(2) Restrictions on operations.--Such financial 
     institution or any such entity shall not, directly or 
     indirectly--
       ``(A) commence any line of business in the United States in 
     which it was not engaged as of the date of the determination; 
     or
       ``(B) conduct business from any location in the United 
     States at which it did not conduct business as of the date of 
     the determination.

     ``SEC. 604. CONDITIONS AND TERMINATION OF SANCTIONS.

       ``The same requirements for consultation with the foreign 
     government of jurisdiction, where appropriate, and for 
     termination of sanctions shall apply under this title as are 
     provided in subsections (b) and (e), respectively, of section 
     ____21 of the Nuclear Proliferation Prevention Act of 1994.

     ``SEC. 605. WAIVER.

       ``The President may waive the imposition of any prohibition 
     imposed on any financial institution or other entity pursuant 
     to section 601 or 602 if the President determines and 
     certifies in writing to the Congress that the imposition of 
     such prohibition would have a serious adverse effect on the 
     safety and soundness of the domestic or international 
     financial system or on domestic or international payments 
     systems.

     ``SEC. 606. DEFINITIONS.

       ``As used in this title--
       ``(1) the term `financial institution' includes--
       ``(A) a depository institution, including a branch or 
     agency of a foreign bank;
       ``(B) a securities firm, including a broker or dealer;
       ``(C) an insurance company, including an agency or 
     underwriter;
       ``(D) any other company that provides primarily financial 
     services; or
       ``(E) any subsidiary of any entity described in 
     subparagraph (A), (B), (C), or (D);
       ``(2) the term `requisite knowledge' means situations in 
     which a person `knows', as `knowing' is defined in section 
     104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 
     78dd-2); and
       ``(3) the terms `foreign person' and `United States person' 
     have the meanings given those terms in section ____21(g) of 
     the Nuclear Proliferation Prevention Act of 1994.''.

     SEC. ____25. EXPORT-IMPORT BANK.

       Section 2(b)(4) of the Export-Import Bank Act of 1945 (12 
     U.S.C. 635(b)(4)) is amended in the first sentence by 
     inserting after ``device'' the following: ``(as defined in 
     section ____30(3) of the Nuclear Proliferation Prevention Act 
     of 1994), or that any country has willfully aided or abetted 
     any non-nuclear-weapon state (as defined in section ____30(4) 
     of that Act) to acquire any such nuclear explosive device or 
     to acquire unsafeguarded special nuclear material (as defined 
     in section ____30(6) of that Act).''.

     SEC. ____26. AMENDMENT TO THE ARMS EXPORT CONTROL ACT.

       (a) In General.--The Arms Export Control Act is amended by 
     adding at the end the following new chapter:

            ``CHAPTER 10--NUCLEAR NONPROLIFERATION CONTROLS

     ``SEC. 1001. NUCLEAR ENRICHMENT TRANSFERS.

       ``(a) Prohibitions; Safeguards and Management.--Except as 
     provided in subsection (b) of this section, no funds 
     authorized to be appropriated by the Foreign Assistance Act 
     of 1961 or this Act may be used for the purpose of providing 
     economic assistance (including assistance under chapter 4 of 
     part II of the Foreign Assistance Act of 1961), providing 
     military assistance or grant military education and training, 
     providing assistance under chapter 6 of part II of that Act, 
     or extending military credits or making guarantees, to any 
     country which, on or after August 4, 1977, delivers nuclear 
     enrichment equipment, materials, or technology to any other 
     country, or receives such equipment, materials, or technology 
     from any other country, unless before such delivery--
       ``(1) the supplying country and receiving country have 
     reached agreement to place all such equipment, materials, or 
     technology, upon delivery, under multilateral auspices and 
     management when available; and
       ``(2) the recipient country has entered into an agreement 
     with the International Atomic Energy Agency to place all such 
     equipment, materials, technology, and all nuclear fuel and 
     facilities in such country under the safeguards system of 
     such Agency.
       ``(b) Certification by President of Necessity of Continued 
     Assistance; Concurrent Resolution of Disapproval by 
     Congress.--(1) Notwithstanding subsection (a) of this 
     section, the President may furnish assistance which would 
     otherwise be prohibited under such subsection if he 
     determines and certifies in writing to the Speaker of the 
     House of Representatives and the Committee on Foreign 
     Relations of the Senate that--
       ``(A) the termination of such assistance would have a 
     serious adverse effect on vital United States interests; and
       ``(B) he has received reliable assurances that the country 
     in question will not acquire or develop nuclear weapons or 
     assist other nations in doing so.

     Such certification shall set forth the reasons supporting 
     such determination in each particular case.
       ``(2)(A) A certification under paragraph (1) of this 
     subsection shall take effect on the date on which the 
     certification is received by the Congress. However, if, 
     within thirty calendar days after receiving this 
     certification, the Congress adopts a concurrent resolution 
     stating in substance that the Congress disapproves the 
     furnishing of assistance pursuant to the certification, then 
     upon the adoption of that resolution the certification shall 
     cease to be effective and all deliveries of assistance 
     furnished under the authority of that certification shall be 
     suspended immediately.
       ``(B) Any concurrent resolution under this paragraph shall 
     be considered in the Senate in accordance with the provisions 
     of section 601(b) of the International Security Assistance 
     and Arms Export Control Act of 1976.
       ``(C) For the purpose of expediting the consideration and 
     adoption of concurrent resolutions under this paragraph, a 
     motion to proceed to the consideration of any such resolution 
     after it has been reported by the appropriate committee shall 
     be treated as highly privileged in the House of 
     Representatives.

     ``SEC. 1002. NUCLEAR REPROCESSING TRANSFERS, ILLEGAL EXPORTS 
                   FOR NUCLEAR EXPLOSIVE DEVICES, TRANSFERS OF 
                   NUCLEAR EXPLOSIVE DEVICES, AND NUCLEAR 
                   DETONATIONS.

       ``(a) Prohibitions on Assistance to Countries Involved in 
     Transfer of Nuclear Reprocessing Equipment, Materials, or 
     Technology; Exceptions; Procedures Applicable.--(1) Except as 
     provided in paragraph (2) of this subsection, no funds 
     authorized to be appropriated by the Foreign Assistance Act 
     of 1961 or this Act may be used for the purpose of providing 
     economic assistance (including assistance under chapter 4 of 
     part II of the Foreign Assistance Act of 1961), providing 
     military assistance or grant military education and training, 
     providing assistance under chapter 6 of part II of that Act, 
     or extending military credits or making guarantees, to any 
     country which (A) on or after August 4, 1977, delivers 
     nuclear reprocessing equipment, materials, or technology to 
     any other country or receives such equipment, materials, or 
     technology from any other country (except for the transfer of 
     reprocessing technology associated with the investigation, 
     under international evaluation programs in which the United 
     States participates, of technologies which are alternatives 
     to pure plutonium reprocessing), or (B) is a non-nuclear-
     weapon state which, on or after August 8, 1985, exports 
     illegally (or attempts to export illegally) from the United 
     States any material, equipment, or technology which would 
     contribute significantly to the ability of such country to 
     manufacture a nuclear explosive device, if the President 
     determines that the material, equipment, or technology was to 
     be used by such country in the manufacture of a nuclear 
     explosive device. For purposes of clause (B), an export (or 
     attempted export) by a person who is an agent of, or is 
     otherwise acting on behalf of or in the interests of, a 
     country shall be considered to be an export (or attempted 
     export) by that country.
       ``(2) Notwithstanding paragraph (1) of this subsection, the 
     President in any fiscal year may furnish assistance which 
     would otherwise be prohibited under that paragraph if he 
     determines and certifies in writing during that fiscal year 
     to the Speaker of the House of Representatives and the 
     Committee on Foreign Relations of the Senate that the 
     termination of such assistance would be seriously prejudicial 
     to the achievement of United States nonproliferation 
     objectives or otherwise jeopardize the common defense and 
     security. The President shall transmit with such 
     certification a statement setting forth the specific reasons 
     therefor.
       ``(3)(A) A certification under paragraph (2) of this 
     subsection shall take effect on the date on which the 
     certification is received by the Congress. However, if, 
     within 30 calendar days after receiving this certification, 
     the Congress adopts a concurrent resolution stating in 
     substance that the Congress disapproves the furnishing of 
     assistance pursuant to the certification, then upon the 
     adoption of that resolution the certification shall cease to 
     be effective and all deliveries of assistance furnished under 
     the authority of that certification shall be suspended 
     immediately.
       ``(B) Any concurrent resolution under this paragraph shall 
     be considered in the Senate in accordance with the provisions 
     of section 601(b) of the International Security Assistance 
     and Arms Export Control Act of 1976.
       ``(C) For the purpose of expediting the consideration and 
     adoption of concurrent resolutions under this paragraph, a 
     motion to proceed to the consideration of any such resolution 
     after it has been reported by the appropriate committee shall 
     be treated as highly privileged in the House of 
     Representatives.
       ``(b) Prohibitions on Assistance to Countries Involved in 
     Transfer or Use of Nuclear Explosive Devices; Exceptions; 
     Procedures Applicable.--(1) Except as provided in paragraphs 
     (4), (5), and (6), in the event that the President determines 
     that any country, after the effective date of subtitle B of 
     the Nuclear Proliferation Prevention Act of 1994--
       ``(A) transfers to a non-nuclear-weapon state a nuclear 
     explosive device,
       ``(B) is a non-nuclear-weapon state and either--
       ``(i) receives a nuclear explosive device, or
       ``(ii) detonates a nuclear explosive device,
       ``(C) transfers to a non-nuclear-weapon state any design 
     information or component which is determined by the President 
     to be important to, and known by the transferring country to 
     be intended by the recipient state for use in, the 
     development or manufacture of any nuclear explosive device, 
     or
       ``(D) is a non-nuclear-weapon state and has sought and 
     received any design information or component which is 
     determined by the President to be important to, and intended 
     by the recipient state for use in, the development or 
     manufacture of any nuclear explosive device,

     then the President shall forthwith report in writing his 
     determination to the Congress and shall forthwith impose the 
     sanctions described in paragraph (2) against that country.
       ``(2) The sanctions referred to in paragraph (1) are as 
     follows:
       ``(A) The United States Government shall terminate 
     assistance to that country under this Act, except for 
     humanitarian assistance or food or other agricultural 
     commodities.
       ``(B) The United States Government shall terminate--
       ``(i) sales to that country under the Arms Export Control 
     Act of any defense articles, defense services, or design and 
     construction services, and
       ``(ii) licenses for the export to that country of any item 
     on the United States Munitions List.
       ``(C) The United States Government shall terminate all 
     foreign military financing for that country under this Act.
       ``(D) The United States Government shall deny to that 
     country any credit, credit guarantees, or other financial 
     assistance by any department, agency, or instrumentality of 
     the United States Government, except that the sanction of 
     this subparagraph shall not apply--
       ``(i) to any transaction subject to the reporting 
     requirements of title V of the National Security Act of 1947 
     (relating to congressional oversight of intelligence 
     activities), or
       ``(ii) to humanitarian assistance.
       ``(E) The United States Government shall oppose, in 
     accordance with section 701 of the International Financial 
     Institutions Act (22 U.S.C. 262d), the extension of any loan 
     or financial or technical assistance to that country by any 
     international financial institution.
       ``(F) The United States Government shall prohibit any 
     United States bank from making any loan or providing any 
     credit to the government of that country, except for loans or 
     credits for the purpose of purchasing food or other 
     agricultural commodities.
       ``(G) The authorities of section 6 of the Export 
     Administration Act of 1979 shall be used to prohibit exports 
     to that country of specific goods and technology (excluding 
     food and other agricultural commodities), except that such 
     prohibition shall not apply to any transaction subject to the 
     reporting requirements of title V of the National Security 
     Act of 1947 (relating to congressional oversight of 
     intelligence activities).
       ``(3) As used in this subsection--
       ``(A) the term `design information' means specific 
     information that relates to the design of a nuclear explosive 
     device and that is not available to the public; and
       ``(B) the term `component' means a specific component of a 
     nuclear explosive device.
       ``(4)(A) Notwithstanding paragraph (1) of this subsection, 
     the President may, for a period of not more than 30 days of 
     continuous session, delay the imposition of sanctions which 
     would otherwise be required under paragraph (1)(A) or (1)(B) 
     of this subsection if the President first transmits to the 
     Speaker of the House of Representatives, and to the chairman 
     of the Committee on Foreign Relations of the Senate, a 
     certification that he has determined that an immediate 
     imposition of sanctions on that country would be detrimental 
     to the national security of the United States. Not more than 
     one such certification may be transmitted for a country with 
     respect to the same detonation, transfer, or receipt of a 
     nuclear explosive device.
       ``(B) If the President transmits a certification to the 
     Congress under subparagraph (A), a joint resolution which 
     would permit the President to exercise the waiver authority 
     of paragraph (5) of this subsection shall, if introduced in 
     either House within thirty days of continuous session after 
     the Congress receives this certification, be considered in 
     the Senate and House of Representatives in accordance with 
     subparagraphs (C) and (D) of this paragraph.
       ``(C) Any joint resolution under this paragraph shall be 
     considered in the Senate in accordance with the provisions of 
     section 601(b) of the International Security Assistance and 
     Arms Export Control Act of 1976.
       ``(D) For the purpose of expediting the consideration and 
     adoption of joint resolutions under this paragraph, a motion 
     to proceed to the consideration of such a joint resolution 
     after it has been reported by the appropriate committee shall 
     be treated as highly privileged in the House of 
     Representatives.
       ``(E) For purposes of this paragraph, the term ``joint 
     resolution'' means a joint resolution the matter after the 
     resolving clause of which is as follows: ``That the Congress 
     having received on a certification by the President under 
     section 670(b)(4) of the Foreign Assistance Act of 1961 with 
     respect to, the Congress hereby authorizes the President to 
     exercise the waiver authority contained in section 670(b)(5) 
     of that Act.'', with the date of receipt of the certification 
     inserted in the first blank and the name of the country 
     inserted in the second blank.
       ``(5) Notwithstanding paragraph (1) of this subsection, if 
     the Congress enacts a joint resolution under paragraph (4) of 
     this subsection, the President may waive any sanction which 
     would otherwise be required under paragraph (1)(A) or (1)(B) 
     if he determines and certifies in writing to the Speaker of 
     the House of Representatives and the Committee on Foreign 
     Relations of the Senate that the imposition of such sanction 
     would be seriously prejudicial to the achievement of United 
     State nonproliferation objectives or otherwise jeopardize the 
     common defense and security. The President shall transmit 
     with such certification a statement setting forth the 
     specific reasons therefor.
       ``(6)(A) In the event the President is required to impose 
     sanctions against a country under paragraph (1)(C) or (1)(D), 
     the President shall forthwith so inform such country and 
     shall impose the required sanctions beginning 30 days after 
     submitting to the Congress the report required by paragraph 
     (1) unless, and to the extent that, there is enacted during 
     the 30-day period a law prohibiting the imposition of such 
     sanctions.
       ``(B) Notwithstanding any other provision of law, the 
     sanctions which are required to be imposed against a country 
     under paragraph (1)(C) or (1)(D) shall not apply if the 
     President determines and certifies in writing to the 
     Committee on Foreign Relations and the Committee on 
     Governmental Affairs of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives that the 
     application of such sanctions against such country would have 
     a serious adverse effect on vital United States interests. 
     The President shall transmit with such certification a 
     statement setting forth the specific reasons therefor.
       ``(7) For purposes of this subsection, continuity of 
     session is broken only by an adjournment of Congress sine die 
     and the days on which either House is not in session because 
     of an adjournment of more than three days to a day certain 
     are excluded in the computation of any period of time in 
     which Congress is in continuous session.
       ``(8) The President may not delegate or transfer his power, 
     authority, or discretion to make or modify determinations 
     under this subsection.
       ``(c) `Non-Nuclear-Weapon State' defined.--As used in this 
     section, the term ``non-nuclear-weapon state'' means any 
     country which is not a nuclear-weapon state, as defined in 
     Article IX(3) of the Treaty on the Non-Proliferation of 
     Nuclear Weapons.

     ``SEC. 1003. DEFINITION OF NUCLEAR EXPLOSIVE DEVICE.

       ``As used in this chapter, the term `nuclear explosive 
     device' has the meaning given that term in section ____30(3) 
     of the Nuclear Proliferation Prevention Act of 1994.''.
       (b) Repeals.--Sections 669 and 670 of the Foreign 
     Assistance Act of 1961 are hereby repealed.
       (c) References in Law.--Any reference in law as of the date 
     of enactment of this Act to section 669 or 670 of the Foreign 
     Assistance Act of 1961 shall, after such date, be deemed to 
     be a reference to section 1001 or 1002, as the case may be, 
     of the Arms Export Control Act.

     SEC. ____27. REWARD.

       Section 36(a) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2708(a)) is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (2) by inserting ``(1)'' after ``(a)''; and
       (3) by adding at the end the following:
       ``(2) For purposes of this subsection, the term `act of 
     international terrorism' includes any act substantially 
     contributing to the acquisition of unsafeguarded special 
     nuclear material (as defined in section ____30(6) of the 
     Nuclear Proliferation Prevention Act of 1994) or any nuclear 
     explosive device (as defined in section ____30(3) of that 
     Act) by an individual, group, or non-nuclear-weapon state, as 
     defined in section ____30(4) of that Act.''.

     SEC. ____28. REPORTS.

       (a) Content of ACDA Annual Report.--Section 51 of the Arms 
     Control and Disarmament Act, as inserted by this Act, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``; and'';
       (3) by adding after paragraph (6) the following new 
     paragraph:
       ``(7) a discussion of any material noncompliance by foreign 
     governments with their binding commitments to the United 
     States with respect to the prevention of the spread of 
     nuclear explosive devices (as defined in section ____30(3) of 
     the Nuclear Proliferation Prevention Act of 1994) by non-
     nuclear-weapon states (as defined in section ____30(4) of 
     that Act) or the acquisition by such states of unsafeguarded 
     special nuclear material (as defined in section ____30(6) of 
     that Act), including--
       ``(A) a net assessment of the aggregate military 
     significance of all such violations;
       ``(B) a statement of the compliance policy of the United 
     States with respect to violations of those commitments; and
       ``(C) what actions, if any, the President has taken or 
     proposes to take to bring any nation committing such a 
     violation into compliance with those commitments.''; and
       (4) by adding at the end the following new subsection:
       ``(c) Reporting Consecutive Noncompliance.--If the 
     President in consecutive reports submitted to the Congress 
     under this section reports that any designated nation is not 
     in full compliance with its binding nonproliferation 
     commitments to the United States, then the President shall 
     include in the second such report an assessment of what 
     actions are necessary to compensate for such violations.''.
       (b) Reporting on Demarches.--(1) It is the sense of the 
     Congress that the Department of State should, in the course 
     of implementing its reporting responsibilities under section 
     602(c) of the Nuclear Non-Proliferation Act of 1978, include 
     a summary of demarches that the United States has issued or 
     received from foreign governments with respect to activities 
     which are of significance from the proliferation standpoint.
       (2) For purposes of this section, the term ``demarche'' 
     means any official communication by one government to 
     another, by written or oral means, intended by the 
     originating government to express--
       (A) a concern over a past, present, or possible future 
     action or activity of the recipient government, or of a 
     person within the jurisdiction of that government, 
     contributing to the global spread of unsafeguarded special 
     nuclear material or of nuclear explosive devices;
       (B) a request for the recipient government to counter such 
     action or activity; or
       (C) both the concern and request described in subparagraphs 
     (A) and (B).
       (c) Repeal.--Section 52 of the Arms Control and Disarmament 
     Act (22 U.S.C. 2592), as in effect before the enactment of 
     this Act, is hereby repealed.

     SEC. ____29. TECHNICAL CORRECTION.

       Section 133 b. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2160c) is amended by striking ``20 kilograms'' and inserting 
     ``5 kilograms''.

     SEC. ____30. DEFINITIONS.

       For purposes of this subtitle--
       (1) the term ``goods or technology'' means nuclear 
     materials and equipment and sensitive nuclear technology (as 
     such terms are defined in section 4 of the Nuclear Non-
     Proliferation Act of 1978), all export items designated by 
     the President pursuant to section 309(c) of the Nuclear Non-
     Proliferation Act of 1978, and all technical assistance 
     requiring authorization under section 57 b. of the Atomic 
     Energy Act of 1954;
       (2) the term ``IAEA safeguards'' means the safeguards set 
     forth in an agreement between a country and the International 
     Atomic Energy Agency, as authorized by Article III(A)(5) of 
     the Statute of the International Atomic Energy Agency;
       (3) the term ``nuclear explosive device'' means any device, 
     whether assembled or disassembled, that is designed to 
     produce an instantaneous release of an amount of nuclear 
     energy from special nuclear material that is greater than the 
     amount of energy that would be released from the detonation 
     of one pound of trinitrotoluene (TNT);
       (4) the term ``non-nuclear-weapon state'' means any country 
     which is not a nuclear-weapon state, as defined by Article IX 
     (3) of the Treaty on the Non-Proliferation of Nuclear 
     Weapons, signed at Washington, London, and Moscow on July 1, 
     1968;
       (5) the term ``special nuclear material'' has the meaning 
     given that term in section 11 aa. of the Atomic Energy Act of 
     1954 (42 U.S.C. 2014aa); and
       (6) the term ``unsafeguarded special nuclear material'' 
     means special nuclear material which is held in violation of 
     IAEA safeguards or not subject to IAEA safeguards (excluding 
     any quantity of material that could, if it were exported from 
     the United States, be exported under a general license issued 
     by the Nuclear Regulatory Commission).

     SEC. ____31. EFFECTIVE DATE.

       The provisions of this subtitle, and the amendments made by 
     this subtitle, shall take effect 60 days after the date of 
     the enactment of this Act.
             Subtitle C--International Atomic Energy Agency

     SEC. ____41. BILATERAL AND MULTILATERAL INITIATIVES.

       It is the sense of the Congress that in order to maintain 
     and enhance international confidence in the effectiveness of 
     IAEA safeguards and in other multilateral undertakings to 
     halt the global proliferation of nuclear weapons, the United 
     States should seek to negotiate with other nations and groups 
     of nations, including the IAEA Board of Governors and the 
     Nuclear Suppliers Group, to--
       (1) build international support for the principle that 
     nuclear supply relationships must require purchasing nations 
     to agree to full-scope international safeguards;
       (2) encourage each nuclear-weapon state within the meaning 
     of the Treaty to undertake a comprehensive review of its own 
     procedures for declassifying information relating to the 
     design or production of nuclear explosive devices and to 
     investigate any measures that would reduce the risk of such 
     information contributing to nuclear weapons proliferation;
       (3) encourage the deferral of efforts to produce weapons-
     grade nuclear material for large-scale commercial uses until 
     such time as safeguards are developed that can detect, on a 
     timely and reliable basis, the diversion of significant 
     quantities of such material for nuclear explosive purposes;
       (4) pursue greater financial support for the implementation 
     and improvement of safeguards from all IAEA member nations 
     with significant nuclear programs, particularly from those 
     nations that are currently using or planning to use weapons-
     grade nuclear material for commercial purposes;
       (5) arrange for the timely payment of annual financial 
     contributions by all members of the IAEA, including the 
     United States;
       (6) pursue a prohibition on international commerce in 
     highly enriched uranium for use in research reactors while 
     encouraging multilateral cooperation to develop and to use 
     low-enriched alternative nuclear fuels;
       (7) oppose efforts by non-nuclear-weapon states to develop 
     or use unsafeguarded nuclear fuels for purposes of naval 
     propulsion;
       (8) pursue an international open skies arrangement that 
     would authorize the IAEA to operate surveillance aircraft and 
     would facilitate IAEA access to satellite information for 
     safeguards verification purposes;
       (9) develop an institutional means for IAEA member nations 
     to share intelligence material with the IAEA on possible 
     safeguards violations without compromising national security 
     or intelligence sources or methods;
       (10) require any exporter of a sensitive nuclear facility 
     or sensitive nuclear technology to a non-nuclear-weapon state 
     to notify the IAEA prior to export and to require safeguards 
     over that facility or technology, regardless of its 
     destination; and
       (11) seek agreement among the parties to the Treaty to 
     apply IAEA safeguards in perpetuity and to establish new 
     limits on the right to withdraw from the Treaty.

     SEC. ____42. IAEA INTERNAL REFORMS.

       In order to promote the early adoption of reforms in the 
     implementation of the safeguards responsibilities of the 
     IAEA, the Congress urges the President to negotiate with 
     other nations and groups of nations, including the IAEA Board 
     of Governors and the Nuclear Suppliers Group, to--
       (1) improve the access of the IAEA within nuclear 
     facilities that are capable of producing, processing, or 
     fabricating special nuclear material suitable for use in a 
     nuclear explosive device;
       (2)(A) facilitate the IAEA's efforts to meet and to 
     maintain its own goals for detecting the diversion of nuclear 
     materials and equipment, giving particular attention to 
     facilities in which there are bulk quantities of plutonium; 
     and
       (B) if it is not technically feasible for the IAEA to meet 
     those detection goals in a particular facility, require the 
     IAEA to declare publicly that it is unable to do so;
       (3) enable the IAEA to issue fines for violations of 
     safeguards procedures, to pay rewards for information on 
     possible safeguards violations, and to establish a ``hot 
     line'' for the reporting of such violations and other illicit 
     uses of weapons-grade nuclear material;
       (4) establish safeguards at facilities engaged in the 
     manufacture of equipment or material that is especially 
     designated or prepared for the processing, use, or production 
     of special fissionable material or, in the case of non-
     nuclear-weapon states, of any nuclear explosive device;
       (5) establish safeguards over nuclear research and 
     development activities and facilities;
       (6) implement special inspections of undeclared nuclear 
     facilities, as provided for under existing safeguards 
     procedures, and seek authority for the IAEA to conduct 
     challenge inspections on demand at suspected nuclear sites;
       (7) expand the scope of safeguards to include tritium, 
     uranium concentrates, and nuclear waste containing special 
     fissionable material, and increase the scope of such 
     safeguards on heavy water;
       (8) revise downward the IAEA's official minimum amounts of 
     nuclear material (``significant quantity'') needed to make a 
     nuclear explosive device and establish these amounts as 
     national rather than facility standards;
       (9) expand the use of full-time resident IAEA inspectors at 
     sensitive fuel cycle facilities;
       (10) promote the use of near real time material accountancy 
     in the conduct of safeguards at facilities that use, produce, 
     or store significant quantities of special fissionable 
     material;
       (11) develop with other IAEA member nations an agreement on 
     procedures to expedite approvals of visa applications by IAEA 
     inspectors;
       (12) provide the IAEA the additional funds, technical 
     assistance, and political support necessary to carry out the 
     goals set forth in this subsection; and
       (13) make public the annual safeguards implementation 
     report of the IAEA, establishing a public registry of 
     commodities in international nuclear commerce, including 
     dual-use goods, and creating a public repository of current 
     nuclear trade control laws, agreements, regulations, and 
     enforcement and judicial actions by IAEA member nations.

     SEC. ____43. REPORTING REQUIREMENT.

       (a) Report Required.--The President shall, in the report 
     required by section 601(a) of the Nuclear Non-Proliferation 
     Act of 1978, describe--
       (1) the steps he has taken to implement sections ____41 and 
     ____42, and
       (2) the progress that has been made and the obstacles that 
     have been encountered in seeking to meet the objectives set 
     forth in sections ____41 and ____42.
       (b) Contents of Report.--Each report under paragraph (1) 
     shall describe--
       (1) the bilateral and multilateral initiatives that the 
     President has taken during the period since the enactment of 
     this Act in pursuit of each of the objectives set forth in 
     sections ____41 and ____42;
       (2) any obstacles that have been encountered in the pursuit 
     of those initiatives;
       (3) any additional initiatives that have been proposed by 
     other countries or international organizations to strengthen 
     the implementation of IAEA safeguards;
       (4) all activities of the Federal Government in support of 
     the objectives set forth in sections ____41 and ____42;
       (5) any recommendations of the President on additional 
     measures to enhance the effectiveness of IAEA safeguards; and
       (6) any initiatives that the President plans to take in 
     support of each of the objectives set forth in sections 
     ____41 and ____42.

     SEC. ____44. DEFINITIONS.

       As used in this subtitle--
       (1) the term ``highly enriched uranium'' means uranium 
     enriched to 20 percent or more in the isotope U-235;
       (2) the term ``IAEA'' means the International Atomic Energy 
     Agency;
       (3) the term ``near real time material accountancy'' means 
     a method of accounting for the location, quantity, and 
     disposition of special fissionable material at facilities 
     that store or process such material, in which verification of 
     peaceful use is continuously achieved by means of frequent 
     physical inventories and the use of in-process 
     instrumentation;
       (4) the term ``special fissionable material'' has the 
     meaning given that term by Article XX(1) of the Statute of 
     the International Atomic Energy Agency, done at the 
     Headquarters of the United Nations on October 26, 1956;
       (5) the term ``the Treaty'' means the Treaty on the Non-
     Proliferation of Nuclear Weapons, signed at Washington, 
     London, and Moscow on July 1, 1968; and
       (6) the terms ``IAEA safeguards'', ``non-nuclear-weapon 
     state'', ``nuclear explosive device'', and ``special nuclear 
     material'' have the meanings given those terms in section 
     ____30 of this Act.
                                 ______


                 HATCH (AND OTHERS) AMENDMENT NO. 1322

  Mr. HELMS (for Mr. Hatch, for himself, Mr. DeConcini, Mr. Moynihan, 
Mr. Gorton, Mr. Lieberman, Mr. D'Amato, and Mr. Pressler) proposed an 
amendment to the bill S. 1281, supra; as follows:

       At the appropriate place in the bill, insert the following:
       Sec.   . The Congress finds that:
       1. Israel continues to be a leader in the Middle East peace 
     process and the only democracy in the region;
       2. On May 14, 1948, the United States was the first country 
     to accord de facto recognition to Israel;
       3. After over forty-six years of independence Israel is 
     recognized only by 132 countries around the world;
       4. Forty-nine countries have no diplomatic relations with 
     Israel, including 32 that collectively receive in FY 94 over 
     $523 million in U.S. foreign assistance;
       5. China and India recognized the state of Israel in 1992;
       6. Israel is a legitimate state and sovereign entity that 
     deserves to be accorded full diplomatic recognition by 
     members of the international community; and
       7. The following states will receive direct and indirect 
     U.S. foreign assistance this year and have failed to 
     recognize Israel: Afghanistan; Algeria; Bahrain; Bangladesh; 
     Botswana; Burundi, Cape Verde; Chad; Djibouti; Ghana; Guinea; 
     Guinea-Bissau; Indonesia; Jordan; Laos; Lebanon; Madagascar; 
     Maldives; Mauritania; Morocco; Namibia; Niger; Oman; 
     Pakistan; Rwanda; Senegal; Somalia; Sri Lanka; Tanzania; 
     Tunisia; Uganda; and Yemen.
       Therefore, It is the sense of the Senate that the Secretary 
     of State should make the issue of Israel's diplomatic status 
     a priority and urge countries that receive American aid to 
     immediately establish full diplomatic relations with the 
     state of Israel.
                                 ______


                  DOLE (AND OTHERS) AMENDMENT NO. 1323

  Mr. DOLE (for himself, Mr. Pressler, Mr. Domenici, Mr. 
Nickles, Mr. Cochran, Mr. Helms, Mr. Simpson, Mr. D'Amato, Mr. 
Coverdell, Mr. Gregg, Mr. Gorton, Mr. Thurmond, Mr. Kempthorne, Mr. 
Lugar, Mr. Murkowski, and Mr. Durenberger) proposed an amendment to the 
bill S. 1281, supra; as follows:

       Beginning on page 74, strike out line 6 and all that 
     follows through line 18 on page 79.
       On page 79, line 19, strike out ``SEC. 170A.'' and insert 
     in lieu thereof ``SEC. 167.''.
       On page 179, after line 6, add the following new title:
                  TITLE VIII--PEACE POWERS ACT OF 1994

     SECTION 801. SHORT TITLE.

       This title may be cited as the ``Peace Powers Act of 
     1994''.

     SEC. 802. STATEMENT OF PURPOSES.

       The purposes of this title are to--
       (1) maintain and ensure the primacy of United States 
     national security interests with respect to United States 
     participation in and support for United Nations peacekeeping 
     activities;
       (2) strengthen congressional oversight of United Nations 
     peacekeeping activities and other United Nations activities;
       (3) provide for advance notification to the Congress 
     regarding anticipated United Nations peacekeeping activities;
       (4) ensure that the United States contributions to United 
     Nations peacekeeping activities are fair and equitable; and
       (5) otherwise facilitate coordination between the executive 
     and legislative branches of Government regarding United 
     States participation in and support for United Nations 
     peacekeeping activities.

     SEC. 803. DEFINITIONS.

       (a) Amendment.--The United Nations Participation Act of 
     1945 (22 U.S.C. 287 et seq.) is amended by adding at the end 
     the following new section:
       ``Sec. 10. For purposes of this Act--
       ``(1) the term `appropriate congressional committees' means 
     the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Foreign Relations of the 
     Senate and the Committee on Appropriations, the Committee on 
     Armed Services, and the Committee on Foreign Affairs of the 
     House of Representatives;
       ``(2) the term `Permanent Representative' means the 
     Permanent Representative of the United States to the United 
     Nations appointed by the President pursuant to section 2 of 
     this Act; and
       ``(3) the term `United Nations peacekeeping activities' 
     means any international peacekeeping, peacemaking, peace-
     enforcing, or similar activity involving the use of nationals 
     of member countries of the United Nations that is authorized 
     by the Security Council under chapter VI or VII of the United 
     Nations Charter.''.
       (b) Applicability to Nonamendatory Provisions.--The 
     definitions contained in the amendment made by subsection (a) 
     also apply with respect to the provisions of this title that 
     do not amend the United Nations Participation Act of 1945.

     SEC. 804. NOTICE TO CONGRESS OF PROPOSED UNITED NATIONS 
                   PEACEKEEPING ACTIVITIES.

       Section 4 of the United Nations Participation Act of 1945 
     (22 U.S.C. 287b) is amended--
       (1) by striking the second sentence;
       (2) by inserting ``(a)'' before ``The President''; and
       (3) by adding at the end the following:
       ``(b)(1) Except as provided in paragraph (2), at least 15 
     days before any vote in the Security Council to authorize any 
     United Nations peacekeeping activity or any other action 
     under the Charter of the United Nations (including any 
     extension, modification, suspension, or termination of any 
     previously authorized United Nations peacekeeping activity or 
     other action) which would involve the use of United States 
     Armed Forces or the expenditure of United States funds, the 
     President shall submit to the appropriate congressional 
     committees a notification with respect to the proposed 
     action. This notification shall include a description of any 
     anticipated involvement of United States Armed Forces, a cost 
     assessment of such action (including the total estimated cost 
     and the United States share of such cost), the mission and 
     objectives of United States Armed Forces that would 
     participate in such action, the duration and estimated 
     termination date of the action, and the source of funding for 
     the United States share of the costs of the action (whether 
     in an annual budget request, reprogramming notification, a 
     budget amendment, or a supplemental budget request).
       ``(2) If the President determines that an emergency exists 
     which prevents submission of the 15-day advance notification 
     specified in paragraph (1) and that the proposed action is in 
     the national security interests of the United States, the 
     notification described in paragraph (1) shall be provided in 
     a timely manner but no later than 48 hours after the vote by 
     the Security Council.''.

     SEC. 805. TRANSMITTAL TO CONGRESS OF UNITED NATIONS 
                   RESOLUTIONS AND REPORTS.

       Section 4 of the United Nations Participation Act of 1945 
     (22 U.S.C. 287b), as amended by section 804 of this title, is 
     further amended by adding at the end the following:
       ``(c)(1) Not later than 24 hours after adoption by the 
     Security Council of a resolution authorizing United Nations 
     peacekeeping activities or any other action under the Charter 
     of the United Nations (including any extension, modification, 
     suspension, or termination of any previously authorized 
     United Nations peacekeeping activity or other action) which 
     would involve the use of United States Armed Forces or the 
     expenditure of United States funds, the Permanent 
     Representative shall transmit the text of such resolution and 
     any supporting documentation to the appropriate congressional 
     committees.
       ``(2) The Permanent Representative shall promptly transmit 
     to the appropriate congressional committees any report 
     prepared by the United Nations containing an assessment of 
     any proposed, ongoing, or concluded United Nations 
     peacekeeping activity.''.

     SEC. 806. NOTICE TO CONGRESS REGARDING CONTRIBUTIONS FOR 
                   UNITED NATIONS PEACEKEEPING ACTIVITIES.

       Section 4 of the United Nations Participation Act of 1945 
     (22 U.S.C. 287b), as amended by sections 804 and 805 of this 
     title, is further amended by adding at the end the following:
       ``(d)(1) Not later than 15 days after the United Nations 
     submits a billing requesting a payment by the United States 
     of any contribution for United Nations peacekeeping 
     activities, the President shall so notify the appropriate 
     congressional committees.
       ``(2) The President shall notify the appropriate 
     congressional committees at least 15 days before the United 
     States obligates funds for any assessed or voluntary 
     contribution for United Nations peacekeeping activities, 
     except that if the President determines that an emergency 
     exists which prevents compliance with the requirement that 
     such notification be provided 15 days in advance and that 
     such contribution is in the national security interests of 
     the United States, such notification shall be provided in a 
     timely manner but no later than 48 hours after such 
     obligation.''.

     SEC. 807. NOTICE TO CONGRESS REGARDING UNITED STATES 
                   ASSISTANCE FOR UNITED NATIONS PEACEKEEPING 
                   ACTIVITIES.

       Section 7 of the United Nations Participation Act of 1945 
     (22 U.S.C. 287d-1) is amended--
       (1) in subsection (a), by inserting ``other than subsection 
     (e)(1)'' after ``any other law''; and
       (2) by adding at the end the following new subsection:
       ``(e)(1) Except as provided in paragraph (2), at least 15 
     days before any agency or entity of the United States 
     Government makes available to the United Nations any 
     assistance or facility to support or facilitate United 
     Nations peacekeeping activities, the President shall so 
     notify the appropriate congressional committees.
       ``(2) If the President determines that an emergency exists 
     which prevents compliance with the requirement that 
     notification be provided 15 days in advance and that such 
     contribution is in the national security interests of the 
     United States, such notification shall be provided in a 
     timely manner but no later than 48 hours after the assistance 
     or facility is made available to the United Nations.
       ``(3) For purposes of this subsection, the term 
     `assistance'--
       ``(A) means assistance of any kind, including logistical 
     support, supplies, goods, or services (including command, 
     control, communications or intelligence assistance and 
     training), and the grant of rights of passage; and
       ``(B) includes assistance provided through in-kind 
     contributions or through the provision of support, supplies, 
     goods, or services on any terms, including on a grant, lease, 
     loan, or reimbursable basis; but
       ``(C) does not include the payment of assessed or voluntary 
     contributions.''.

     SEC. 808. UNITED STATES CONTRIBUTIONS TO UNITED NATIONS 
                   PEACEKEEPING ACTIVITIES.

       Section 4 of the United Nations Participation Act of 1945 
     (22 U.S.C. 287b), as amended by section 804, 805, and 806 of 
     this title, is further amended by adding at the end the 
     following:
       ``(e)(1) The President shall, at the time of submission of 
     his annual budget request to the Congress, submit a report to 
     the Congress on the anticipated budget for the fiscal year 
     for United States participation in United Nations 
     peacekeeping activities.
       ``(2) The report required by paragraph (1) shall state--
       ``(A) the aggregate amount of funds available to the United 
     Nations for that fiscal year, including assessed and 
     voluntary contributions, which may be made available for 
     United Nations peacekeeping activities; and
       ``(B) the aggregate amount of funds (from all accounts) and 
     the aggregate costs of in-kind contributions that the United 
     States proposes to make available to the United Nations for 
     that fiscal year for United Nations peacekeeping activities.
       ``(3) The President shall include in his budget submission 
     for fiscal year 1996 a projection of all United States costs 
     for United Nations peacekeeping activities during each of 
     fiscal years 1996, 1997, and 1998, including costs of in-kind 
     contributions and assessed and voluntary contributions.''.

     SEC. 809. ANNUAL REPORTS ON UNITED STATES CONTRIBUTIONS TO 
                   UNITED NATIONS PEACEKEEPING ACTIVITIES.

       Section 4 of the United Nations Participation Act of 1945 
     (22 U.S.C. 287b), as amended by sections 804, 805, 806, and 
     808 of this title, is further amended by adding at the end 
     the following:
       ``(f)(1) Not later than 90 days after the date of enactment 
     of this subsection and each year thereafter at the time of 
     the President's budget submission to the Congress, the 
     Secretary of State, after consultation with the heads of 
     other relevant Federal agencies (including the Secretary of 
     Defense), shall submit to the appropriate congressional 
     committees a report on United States contributions to United 
     Nations peacekeeping activities.
       ``(2) Each such report shall include the following 
     information:
       ``(A) The number and nature of ongoing United Nations 
     peacekeeping activities.
       ``(B) The priority accorded to each ongoing United Nations 
     peacekeeping activity, and the anticipated duration of each 
     such activity.
       ``(C) An assessment of the effectiveness of each ongoing 
     United Nations peacekeeping activity, its relationship to 
     United States national security interests, and the efforts by 
     the United Nations to resolve the relevant armed conflicts; 
     and the projected termination dates for each such activity.
       ``(D) The total costs of each United Nations peacekeeping 
     activity, both ongoing and concluded, and the total cost of 
     all such activities.
       ``(E) The amount of United States assessed and voluntary 
     contributions to each such activity, and the total of such 
     contributions to all such activities.
       ``(F) The incremental costs incurred by the Department of 
     Defense for each such activity, and for all such activities.
       ``(G) Any other assistance (as defined in section 7(e) of 
     this Act, as added by the Peace Powers Act of 1994) made 
     available by the United States for United Nations 
     peacekeeping activities, specifying which assistance was 
     provided on a reimbursable basis and which was provided on a 
     nonreimbursable basis or on concessional terms.
       ``(H) An assessment of the United Nations management and 
     support for United Nations peacekeeping activities, including 
     all recommendations for improvement made by the United States 
     and any action to implement such recommendations by the 
     United Nations.
       ``(I) A detailed description (including dollar amounts 
     expended and credited) of efforts by the United States 
     Government to seek and receive credit toward the United 
     States assessment for United Nations peacekeeping activities 
     for all United States assistance provided in support of 
     United Nations peacekeeping objectives.
       ``(3) The first report submitted pursuant to this 
     subsection shall include information with respect to costs 
     and contributions for all United Nations peacekeeping 
     activities since October 1945. Subsequent reports shall 
     include such information for the immediately preceding fiscal 
     year and (to the extent such information is available) for 
     the then current fiscal year.''.

     SEC. 810. REIMBURSEMENT TO THE UNITED STATES FOR IN-KIND 
                   CONTRIBUTIONS TO UNITED NATIONS PEACEKEEPING 
                   ACTIVITIES.

       Section 7 of the United Nations Participation Act of 1945 
     (22 U.S.C. 287d-1), as amended by section 807 of this title, 
     is further amended--
       (1) in subsection (b)--
       (A) by striking all that follows ``: Provided,'' through 
     ``Provided further,'';
       (B) by adding at the end the following: ``The Secretary of 
     Defense may waive the requirement for such reimbursement if 
     the Secretary, after consultation with the Secretary of State 
     and the Director of the Office of Management and Budget, 
     determines that an emergency exists which justifies waiver of 
     that requirement. Any such waiver shall be submitted to the 
     appropriate congressional committees at least 15 days before 
     it takes effect, except that if the President determines that 
     an emergency exists which prevents compliance with the 
     requirement that the notification be provided 15 days in 
     advance and that the provision under subsection (a)(1) or (2) 
     of personnel or assistance on a nonreimbursable basis is in 
     the national security interests of the United States, such 
     notification shall be provided in a timely manner but no 
     later than 48 hours after such waiver takes effect.''; and
       (2) by adding at the end the following new subsections:
       ``(f) In any fiscal year (beginning in fiscal year 1995), 
     appropriated funds may not be used to pay any United States 
     assessed or voluntary contribution for United Nations 
     peacekeeping activities until the Secretary of Defense 
     certifies to the Congress that the United Nations has 
     reimbursed the Department of Defense directly for all goods 
     and services that were provided to the United Nations by the 
     Department of Defense on a reimbursable basis during the 
     preceding fiscal year for United Nations peacekeeping 
     activities, including personnel and assistance provided under 
     this section (except to the extent that the authority of 
     subsection (b) to waive the reimbursement requirement was 
     exercised with respect to such personnel or assistance).
       ``(g)(1) The Secretary of State shall ensure that goods and 
     services provided on a reimbursable basis by the Department 
     of Defense to the United Nations for United Nations 
     peacekeeping operations are reimbursed at the appropriate 
     value, as determined by the Department of Defense.
       ``(2) Not later than one year after the date of enactment 
     of this subsection, the Permanent Representative shall submit 
     a report to the appropriate congressional committees on all 
     actions taken by the United States mission to the United 
     Nations to achieve the objective described in paragraph 
     (1).''.

     SEC. 811. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS 
                   FOR UNITED NATIONS PEACEKEEPING ACTIVITIES.

       Beginning October 1, 1995, funds made available to the 
     Department of Defense (including funds for ``Operation and 
     Maintenance'') shall be available for--
       (1) United States assessed or voluntary contributions for 
     United Nations peacekeeping activities, or
       (2) the incremental costs associated with the participation 
     of United States Armed Forces in United Nations peacekeeping 
     activities,

     only to the extent that the Congress has by law specifically 
     made those funds available for such purposes.

     SEC. 812. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS 
                   PEACEKEEPING ACTIVITIES.

       (a) Reassessment of Contribution Percentages.--The 
     Permanent Representative should make every effort to ensure 
     that the United Nations completes an overall review and 
     reassessment of each nation's assessed contributions for 
     United Nations peacekeeping activities. As part of the 
     overall review and assessment, the Permanent Representative 
     should make every effort to advance the concept that host 
     governments and other governments in the region where a 
     United Nations peacekeeping activity is carried out should 
     bear a greater burden of its financial cost.
       (b) United States Contributions.--(1) The Permanent 
     Representative should make every effort to obtain agreement 
     by the United Nations to a United States assessed 
     contribution for United Nations peacekeeping activities that 
     is no greater a percentage of such contributions by all 
     countries than the United States percentage share of assessed 
     contributions for other United Nations activities.
       (2) The Congress declares that, effective for fiscal year 
     1996, it does not intend to make available funds for payment 
     of United States assessed or voluntary contributions for 
     United Nations peacekeeping activities that exceed 25 percent 
     of the total amount of the assessed and voluntary 
     contributions of all countries for such activities unless, 
     after the date of enactment of this title, the Congress 
     enacts a statute specifically authorizing a greater 
     percentage contribution.
       (3) The Permanent Representative shall inform the Secretary 
     General of the congressional intent expressed in paragraph 
     (2).

     SEC. 813. ``BUY AMERICA'' REQUIREMENT.

       No funds may be obligated or expended to pay any United 
     States assessed or voluntary contribution for United Nations 
     peacekeeping activities unless the Secretary of State 
     determines and certifies to the appropriate congressional 
     committees that United States manufacturers and suppliers are 
     being given opportunities to provide equipment, services, and 
     material for such activities equal to those being given to 
     foreign manufacturers and suppliers.

     SEC. 814. UNITED STATES PERSONNEL TAKEN PRISONER WHILE 
                   SERVING IN MULTILATERAL PEACEKEEPING FORCES.

       (a) Findings.--The Congress finds that--
       (1) until recent years United States military personnel 
     rarely served as part of multilateral forces under the United 
     Nations or regional international organizations;
       (2) despite infrequent service as part of multilateral 
     forces, United States personnel, such as Colonel William 
     Higgins in Lebanon, have been captured, tortured, and 
     murdered;
       (3) in recent years, United States military personnel have 
     served much more frequently as part of multilateral forces;
       (4) the capture and torture of Chief Warrant Officer 
     Michael Durant in Somalia in October 1993 was a horrendous 
     and recent example of the risk to United States personnel in 
     multilateral forces;
       (5) continued multilateral service increases the 
     probability that United States military personnel will be 
     captured, and subject to mistreatment;
       (6) United States military personnel captured while serving 
     as part of multilateral forces have not been treated as 
     prisoners of war under the 1949 Geneva Conventions and other 
     international agreements intended to protect prisoners of 
     war; and
       (7) failure of United States military personnel serving as 
     part of a multilateral force to receive protection under 
     international law increases the risk to personnel while 
     serving in multinational forces.
       (b) Policy.--It is the sense of the Congress that--
       (1) the President should take immediate steps, unilaterally 
     and in appropriate international bodies, to assure that any 
     United States military personnel serving as part of a 
     multilateral force who are captured are accorded the 
     protection accorded to prisoners of war; and
       (2) the President should also take all necessary steps to 
     bring to justice all individuals responsible for any 
     mistreatment, torture, or death of United States military 
     personnel who are captured while serving in a multilateral 
     force.
       (c) Report.--Each report submitted pursuant to section 4(f) 
     of the United Nations Participation Act of 1945 (as added by 
     section 809 of this title), shall include a separate section 
     setting forth--
       (1) the status under international law of members of 
     multilateral peacekeeping forces, including the legal status 
     of such personnel if captured, missing, or detained,
       (2) the extent of the risk for United States military 
     personnel who are captured while participating in 
     multinational peacekeeping forces in cases where their 
     captors fail to respect the 1949 Geneva Conventions and other 
     international agreements intended to protect prisoners of 
     war, and
       (3) the specific steps that have been taken to protect 
     United States military personnel participating in 
     multinational peacekeeping forces, together (if necessary) 
     with any recommendations for the enactment of legislation to 
     achieve that objective.

     SEC. 815. PROVISION OF INTELLIGENCE TO THE UNITED NATIONS.

       (a) Requirement for Agreements.--The United States may 
     provide intelligence to the United Nations only pursuant to a 
     written agreement between the President and the Secretary 
     General of the United Nations specifying--
       (1) the types of intelligence to be provided to the United 
     Nations;
       (2) the circumstances under which intelligence may be 
     provided to the United Nations; and
       (3) the procedures to be observed by the United Nations--
       (A) concerning who shall have access to the intelligence 
     provided; and
       (B) to protect the intelligence against disclosure not 
     authorized by the agreement.

     Any such agreement shall be effective for a period not to 
     exceed one year from the date on which the agreement enters 
     into force.
       (b) Advance Notification to Congress.--An agreement 
     described in subsection (a) shall be effective only if the 
     President has transmitted the agreement to the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives not less than 30 days in advance of the entry 
     into force of the agreement.
       (c) Delegation of Authority.--The President may delegate 
     the authority and assign the duties of the President under 
     this section only to the Secretary of Defense or the Director 
     of Central Intelligence.
       (d) Exceptions.--Subsection (a) shall not apply to the 
     provision of intelligence--
       (1) only to and for the use of United States Government 
     personnel serving with the United Nations; or
       (2) essential for the protection of nationals of the United 
     States, including members of the United States Armed Forces 
     and civilian personnel of the United States Government.
       (e) Existing Law.--Nothing in this section shall be 
     construed to--
       (1) impair or otherwise affect the authority of the 
     Director of Central Intelligence to protect intelligence 
     sources and methods from unauthorized disclosure pursuant to 
     section 103(c)(5) of the National Security Act of 1947 (50 
     U.S.C. 403(c)(5)); or
       (2) supersede or otherwise affect the provisions of--
       (A) title V of the National Security Act of 1947; or
       (B) section 112b of title 1, United States Code.
       (f) Effective Date.--This section takes effect 60 days 
     after the date of enactment of this section.

     SEC. 816. UNITED NATIONS PEACEKEEPING BUDGETARY AND 
                   MANAGEMENT REFORM.

       (a) Withholding of Contributions for United Nations 
     Peacekeeping.--(1) At the beginning of each fiscal year 
     (beginning with fiscal year 1995), 20 percent of the amounts 
     of funds made available for United States assessed 
     contributions for United Nations peacekeeping activities 
     shall be withheld from obligation and expenditure unless a 
     certification has been made under subsection (b).
       (2) For each fiscal year (beginning with fiscal year 1995), 
     the United States may not pay any voluntary contribution for 
     international peacekeeping activities unless a certification 
     has been made under subsection (b).
       (b) Certification.--The certification referred to in 
     subsection (a) is a certification by the President to the 
     Congress that--
       (1) the United Nations has established an independent and 
     objective Office of Inspector General to conduct and 
     supervise audits, inspections, and investigations relating to 
     the United Nations peacekeeping activities carried out by the 
     United Nations;
       (2) the Secretary General of the United Nations has 
     appointed an Inspector General, with the consent of the 
     General Assembly, solely the basis of integrity and 
     demonstrated ability in accounting, auditing, financial 
     analysis, law, management analysis, public administration, or 
     investigations;
       (3) the United Nations Office of Inspector General is 
     authorized to--
       (A) make investigations and reports relating to the 
     administration of the United Nations peacekeeping activities 
     carried out by the United Nations;
       (B) have access to all records and documents or other 
     material available which relate to those activities; and
       (C) have direct and prompt access to relevant officials of 
     the United Nations, including any official of the United 
     Nations Secretariat;
       (4) the United Nations Office of Inspector General is 
     keeping the Secretary General and the members of the Security 
     Council fully informed about problems, deficiencies, and the 
     necessity for, and progress of, corrective action;
       (5) the United Nations has established measures to protect 
     the identity of, and to prevent reprisals against, any staff 
     member making a complaint or disclosing information to, or 
     cooperating in any investigation or inspection by the Office 
     of the Inspector General; and
       (6) the United Nations has enacted procedures to ensure 
     compliance with Inspector General recommendations.
                                 ______


                      MITCHELL AMENDMENT NO. 1324

  Mr. KERRY (for Mr. Mitchell) proposed an amendment to amendment No. 
1323 proposed by Mr. Dole to the bill S. 1281, supra; as follows:

       In the amendment, on page 2, line 4, strike all after 
     ``TITLE'' and insert the following:

     SEC. 167. COST ASSESSMENT REPORT REGARDING ANY UNITED STATES 
                   PARTICIPATION IN ACTION UNDER ARTICLE 42 OF THE 
                   UNITED NATIONS CHARTER.

       (a) In General.--Except as provided in subsection (b), at 
     least 15 days before--
       (1) any obligation of funds for United States participation 
     in international peace operations, or
       (2) any vote by the Security council to take action under 
     Article 42 of the Charter of the United Nations which would 
     involve the use of United States Armed Forces,

     the President shall submit to the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate 
     and the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives a report 
     containing a cost assessment of the participation of the 
     United States Armed Forces in those operations.
       (b) Exception.--The period for submission of the report 
     specified in subsection (a) shall not apply if the President 
     determines that an emergency exists which prevents submission 
     of the report in a timely manner.
       (c) Definition.--For purposes of this section, the term 
     ``United States participation in international peace 
     operations'' means the use of the United States Armed 
     Forces--
       (1) pursuant to, or consistent with, action taken by the 
     Security Council under Article 42 of the Charter of the 
     United Nations; or
       (2) consistent with the United Nations Participation Act of 
     1945.

     SEC. 168. CONGRESSIONAL NOTIFICATION REGARDING ANY UNITED 
                   STATES IMPLEMENTATION OF ARTICLE 43 OF THE 
                   UNITED NATIONS CHARTER.

       (a) In General.--Except as provided in subsection (b), at 
     least 15 days before any agency or entity of the United 
     States Government makes available armed forces, assistance, 
     or facilities to the United Nations under Article 43 of the 
     United Nations Charter, the President shall so notify the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on Foreign 
     Affairs and the Committee on Appropriations of the House of 
     Representatives.
       (b) Exception.--The period for notifying Congress in 
     subsection (a) shall not apply if the President determines 
     that an emergency exists which prevents making a notification 
     in a timely manner.
       (c) Definition.--For purposes of this section, the term 
     ``assistance'' means assistance of any kind, including the 
     provision of logistical support and the grant of rights of 
     passage.

     SEC. 169. REPORT ON UNITED NATIONS PEACEKEEPING ACTIVITIES.

       Not later than 90 days after the date of enactment of this 
     Act, and each year thereafter at the time of the President's 
     budget submission to Congress, the Secretary of State, after 
     consultation with the heads of other relevant Federal 
     agencies (including the Department of Defense), shall submit 
     to the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate a report on United States contributions to United 
     Nations peacekeeping activities. Such report shall include--
       (1) the overall cost of all peacekeeping operations as of 
     the date of the report;
       (2) the costs of each peacekeeping operation;
       (3) the amount of United States contributions (assessed and 
     voluntary) on an operation-by-operation basis; and
       (4) an assessment of the effectiveness of ongoing 
     peacekeeping operations, their relevance to United States 
     national interests, the efforts by the United Nations to 
     resolve the relevant armed conflicts, and the projected 
     termination dates for such operations.

     SEC. 170. UNITED STATES PERSONNEL AND MATERIAL CONTRIBUTIONS 
                   TO PEACEKEEPING OPERATIONS.

       (a) Personnel.--(1) The United Nations should reimburse the 
     United States for use of personnel of the Armed Forces of the 
     United States in United Nations peacekeeping operations. THe 
     amount of the reimbursement should be the full United Nations 
     reimbursement determined on a per-person-per-month basis.
       (2) To the extent that funds are made available under law 
     to the Department of Defense for peacekeeping activities, the 
     Secretary of State may accept the United Nations 
     reimbursement in the form of a credit against the amount of 
     an assessment by the United Nations against the United 
     States. If no such funds are available, the Secretary of 
     State shall accept payment of the United Nations 
     reimbursement and, out of the amount received, reimburse the 
     Department of Defense for the incremental costs of use of 
     the Armed Forces personnel in the United Nations 
     peacekeeping operation.
       (b) Goods and Services.--The United Nations should 
     reimburse the Department of Defense directly for goods and 
     services provided to a United Nations peacekeeping operation. 
     The Secretary of Defense may waive reimbursement for such 
     goods and services if the Secretary determines that the 
     waiver is justified by exceptional circumstances.
       (c) Value of Goods and Services.--The Permanent 
     Representative of the United States to the United Nations 
     should use the voice and vote of the United States to ensure 
     that goods and services provided by the United States to 
     United Nations peacekeeping operations are reimbursed at the 
     appropriate value.
       (d) Report.--Not later than one year after the date of 
     enactment of this Act, the Permanent Representative of the 
     United States to the United Nations shall submit a report to 
     the Chairman of the Foreign Relations Committee of the Senate 
     and to the Speaker of the House of Representatives on all 
     actions taken by the United States mission to the United 
     Nations to ensure that contributions of personnel, goods, and 
     services to United Nations peacekeeping operations are 
     reimbursed at their appropriate values.
       (e) Review and Reassessment of Assessed Contributions to 
     United Nations Peacekeeping Operations.--(1) The Permanent 
     Representative of the United States to the United Nations 
     should make every effort to ensure the United Nations 
     completes an overall review and reassessment of each nation's 
     assessed contribution for international peacekeeping 
     operations.
       (2) As part of the overall review and assessment, the 
     Permanent Representative should make every effort to advance 
     the concept that host governments and other governments in 
     the region where a peacekeeping operation is deployed should 
     bear a greater burden of its financial cost.
       (3) The Permanent Representative should further make every 
     effort to seek a United States contribution to United Nations 
     peacekeeping operations that matches the United States share 
     of assessed contributions.

     SEC.   . UNITED STATES PARTICIPATION IN UNITED NATIONS 
                   PEACEKEEPING OPERATIONS.

       (a) Findings.--The Congress finds that:
       (1) the President of the United States has asserted that 
     reform of United Nations peacekeeping operations is to be of 
     the highest national priority in furtherance of United States 
     national security objectives;
       (2) at the direction of the President of the United States 
     the National Security Council is coordinating a comprehensive 
     review of United States policy towards United Nations 
     peackeeeping operations on which the Congress of the United 
     States is to be consulted;
       (3) in cooperation with the Congress of the United States, 
     the purpose of the National Security Council review is to 
     reform policies and programs governing United States 
     participation in United Nations operations;
       (4) in conjunction with the President's review, the 
     Majority Leader of the United State Senate has requested the 
     Committee on Foreign Relations, the Committee on Armed 
     Services, and the Senate Select Committee on Intelligence to 
     examine thoroughly the proper role of U.S. troops in the 
     post-Cold War world and the implications for U.S. foreign 
     policy with the intent of enacting legislation, in 
     cooperation with the President, regarding U.S. policy toward 
     post-Cold War conflicts, United States involvement in 
     peacekeeping operations, and of establishing a process to 
     ensure proper accommodations of Legislative and Executive 
     Branch prerogatives in addressing such issues;
       (5) such a process will embody sound constitutional 
     principles and reflect the appropriate roles of the President 
     and the Congress relating to the use of United States Armed 
     Forces both in unilateral and multilateral operations in 
     order for such operations to enjoy the support of both the 
     Executive and Legislative Branches and the American people; 
     and
       (6) the concerned committees of jurisdiction have initiated 
     a process of examination of the appropriate use of United 
     States Forces.
       (b) Sense of Congress.--Therefore, it is the Sense of the 
     Congress that--
       (1) the primacy of United States national security 
     interests with respect to United States participation in and 
     support for United Nations peacekeeping activities must be 
     maintained;
       (2) congressional oversight of United Nations peacekeeping 
     activities and other United Nations activities must be 
     strengthened;
       (3) coordination between the executive and legislative 
     branches of Government regarding United States participation 
     in and support for United Nations peacekeeping operations 
     must be improved and communication between the two branches 
     prompt;
       (4) the Congress should be notified in advance of the 
     intent to approve United Nations peacekeeping operations;
       (5) for United Nations peacekeeping operations that would 
     involve the participation of United States combat forces, 
     such notification should include detailed information 
     concerning command and control arrangements for such forces, 
     their military mission and objectives, and their rules of 
     engagement, and
       (6) United States contributions to United Nations 
     peacekeeping activities must be fair and equitable.

                          ____________________