[Congressional Record Volume 142, Number 112 (Friday, July 26, 1996)]
[Senate]
[Pages S8943-S8965]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 1997
The PRESIDENT pro tempore. Under the previous order, the Senate will
now resume the consideration of H.R. 3540, which the clerk will report.
The assistant legislative clerk read as follows:
A bill (H.R. 3540) making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1997, and for other
purposes.
The Senate resumed consideration of the bill.
Pending:
Simpson amendment No. 5088, to strike the provision which
extends reduced refugee standards for certain groups.
Lieberman amendment No. 5078, to reallocate funds for the
Korean Peninsula Energy Development Organization.
Amendment No. 5088
The PRESIDING OFFICER (Mrs. Frahm). There will now be 2 minutes of
debate, equally divided, on the amendment of the Senator from Wyoming.
Mr. SIMPSON addressed the Chair.
The PRESIDING OFFICER. The Senator from Wyoming.
Mr. SIMPSON. Madam President, what is the status of matters in order?
Is the first amendment the Simpson amendment?
The PRESIDING OFFICER. The Senator is correct.
Mr. SIMPSON. Is that 2 minutes or 1 minute?
The PRESIDING OFFICER. Two minutes equally divided.
Mr. SIMPSON. Madam President, the purpose of this amendment is to go
back to the 1980 Refugee Act. The 1980 Refugee Act provided for case-
by-case determination of all refugees.
In 1989, we had the Lautenberg amendment, which was very appropriate
at that time. It simply said we would presume that people who were
Jewish or Angelical Christians or Pentacostals would be refugees. That
was appropriate when the Soviet Union was our enemy.
In this bill, we give them $640 million. They are a G-7 partner. They
are our ally.
Now we are still using 48,000 precious numbers out of an entire
number of 78,000 to give to people who are presumed to be refugees--we
give them the status. Some of them wait a year before they even come.
Then we find it being misused by fraud and abuse with the Russian mafia
coming through the system with regard to this presumption of refugee
status.
We ought to go back to case by case, and no one will be left out.
Mr. LAUTENBERG addressed the Chair.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. LAUTENBERG. Madam President, I hope that my colleagues will vote
against the amendment by Senator Simpson. He wants to strike out
extension of current law, which frankly I think is essential. When we
look at the new Russia, the former Soviet Union, we see, though they
apparently are democratized in many areas, the fact of the matter is
that an integral part of the political platform in the last election
was to rail against Jews and other religions not satisfactory to them.
Zhirinovsky, the head of the Nationalist Party, said that the way the
country has to resolve its problems is to get rid of its Jews.
Lebed, the now National Security Adviser to President Yeltsin, made
derogatory remarks about Jews and about Mormons, calling them a
``scum'' religion.
So, if that tells you where we are going, I hope that my colleagues
will vote against this amendment.
The PRESIDING OFFICER. The question is on agreeing to the amendment
of the Senator from Wyoming. On
[[Page S8944]]
this question, the yeas and nays have been ordered, and the clerk will
call the roll.
The assistant legislative clerk called the roll.
The result was announced--yeas 22, nays 78, as follows:
[Rollcall Vote No. 246 Leg.]
YEAS--22
Bond
Brown
Campbell
Chafee
Cochran
Domenici
Faircloth
Gorton
Grams
Gregg
Hatch
Helms
Jeffords
Kassebaum
Lugar
McCain
Murkowski
Roth
Shelby
Simpson
Thomas
Thurmond
NAYS--78
Abraham
Akaka
Ashcroft
Baucus
Bennett
Biden
Bingaman
Boxer
Bradley
Breaux
Bryan
Bumpers
Burns
Byrd
Coats
Cohen
Conrad
Coverdell
Craig
D'Amato
Daschle
DeWine
Dodd
Dorgan
Exon
Feingold
Feinstein
Ford
Frahm
Frist
Glenn
Graham
Gramm
Grassley
Harkin
Hatfield
Heflin
Hollings
Hutchison
Inhofe
Inouye
Johnston
Kempthorne
Kennedy
Kerrey
Kerry
Kohl
Kyl
Lautenberg
Leahy
Levin
Lieberman
Lott
Mack
McConnell
Mikulski
Moseley-Braun
Moynihan
Murray
Nickles
Nunn
Pell
Pressler
Pryor
Reid
Robb
Rockefeller
Santorum
Sarbanes
Simon
Smith
Snowe
Specter
Stevens
Thompson
Warner
Wellstone
Wyden
The amendment (No. 5088) was rejected.
Mr. SIMPSON. Mr. President, I move to reconsider the vote.
Mr. LAUTENBERG. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 5078, As Amended
The PRESIDING OFFICER (Mr. Coverdell). The question occurs on
amendment No. 5078, as amended. There are 2 minutes evenly divided on
the amendment.
The Senate will come to order. Please remove all conversations to the
Cloakroom.
Will the Senators please remove audible conversations to the
Cloakroom? The Chair requests that audible conversations be removed to
the Cloakroom.
The Senate will come to order. Please remove audible conversations to
the Cloakroom.
The Chair requests that audible conversations be removed to the
Cloakroom so the Senate may come to order.
Mr. ROCKEFELLER addressed the Chair.
The PRESIDING OFFICER. The Chair recognizes the Senator from West
Virginia.
Mr. ROCKEFELLER. Mr. President, it is amazing to me that the
Presiding Officer of the U.S. Senate requests silence of the Senate and
is ignored by so many people who blatantly continue to talk while the
Presiding Officer has now for 3 minutes requested silence.
I hope the Presiding Officer takes whatever measures are necessary to
get quiet in this body. It is unbelievable we would not pay attention
to the Presiding Officer.
The PRESIDING OFFICER. The Chair appreciates the cooperation of the
Senator from West Virginia.
The Chair is asking that audible conversations be removed to the
Cloakroom so the Senate can proceed with its business.
The Chair recognizes the Senator from Kentucky.
Mr. McCONNELL. Mr. President, the Lieberman amendment, upon which we
are about to vote, doubles aid to North Korea from last year's level
from $13 million to $25 million. I expect a lot of Senators did not
even know we were providing aid to North Korea. To provide this aid,
President Clinton will have to say the fact that North Korea is a
terrorist state doesn't matter.
In addition, we know under the current agreement that the North has
diverted oil, and nothing in this amendment will prevent that from
continuing to happen.
Finally, let me say, Mr. President, the House is strongly opposed to
an increase from $13 to $25 million, which is encompassed in this
amendment, and this is going to be an extraordinarily difficult
position to sustain in conference, even if this amendment is approved.
I hope that my colleagues will not approve this amendment.
The PRESIDING OFFICER. The Chair recognizes the Senator from
Connecticut.
Mr. LIEBERMAN. Mr. President, this amendment, now amended in the
second degree by Senators Murkowski and McCain, would enable the
President to fulfill the promise made as part of the agreed framework
signed in October 1994 to avoid the escalating probability of the North
Koreans attaining nuclear capability and perhaps entering into a
conflict with South Korea.
A conflict, a major regional conflict on the Korean Peninsula, as
Secretary Perry would say, would put countless lives in jeopardy and
would cost billions of dollars.
For $25 million, we have the opportunity to continue an agreement
which, thus far, the North Koreans, at least as to the nuclear
component, have kept.
I yield 15 seconds to Senator Murkowski, and then the remainder of
the time to Senator Levin.
The PRESIDING OFFICER. The Senator from Alaska is recognized.
Mr. MURKOWSKI. Mr. President, I thank the Senator. I assure my
colleagues, if we don't have adequate funding, there is no point in
pursuing this. That is the problem with the proposal that has been
offered by the Senator from Kentucky. This requires full compliance
with all provisions of the agreed framework, no significant diversion
of U.S. assistance of food or oil, and full cooperation on storage of
spent fuel.
If we are going to do this right, we have to give them the tools to
do it. We can't cut it in half and expect it to be done right. That is
what we are up against here.
It is a significant foreign policy question. I am very pleased
Senator McCain, Senator Lieberman and others feel there is a job to be
done over there and we can't take it lightly and we can't just cut
funding in half.
I might add, there is a full accounting of MIA's in this thing. There
are more MIA's in North Korea, about 8,400, in fact.
The PRESIDING OFFICER. The time of the Senator has expired. The Chair
recognizes the Senator from Michigan.
Mr. LEVIN. Mr. President, I ask unanimous consent for an additional
10 seconds.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEVIN. Mr. President, we are trying very hard to put the nuclear
genie back into the bottle in North Korea. General Shalikashvili and
the uniformed military strongly support the framework agreement that
will allow us to do that. If we cut the funds to implement that
agreement, instead of putting the nuclear genie back in the bottle, we
will be breaking that bottle.
I hope the Lieberman amendment is adopted with an overwhelming vote.
The PRESIDING OFFICER. All time has expired. The question is on
agreeing to amendment No. 5078, as amended. The yeas and nays have been
ordered. The clerk will call the roll.
The legislative clerk called the roll.
The result was announced--yeas 73, nays 27, as follows:
[Rollcall Vote No. 247 Leg.]
YEAS--73
Abraham
Akaka
Baucus
Biden
Bingaman
Bond
Boxer
Bradley
Breaux
Bryan
Bumpers
Byrd
Campbell
Chafee
Coats
Cochran
Cohen
Conrad
Coverdell
Daschle
Dodd
Exon
Feingold
Feinstein
Ford
Frist
Glenn
Graham
Grams
Harkin
Hatfield
Heflin
Hollings
Inouye
Jeffords
Johnston
Kassebaum
Kennedy
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Levin
Lieberman
Lugar
McCain
Mikulski
Moseley-Braun
Moynihan
Murkowski
Murray
Nunn
Pell
Pressler
Pryor
Reid
Robb
Rockefeller
Roth
Santorum
Sarbanes
Simon
Simpson
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Warner
Wellstone
Wyden
NAYS--27
Ashcroft
Bennett
Brown
Burns
Craig
D'Amato
DeWine
Domenici
Dorgan
Faircloth
Frahm
Gorton
Gramm
Grassley
Gregg
Hatch
Helms
Hutchison
Inhofe
Kempthorne
Kyl
Lott
Mack
McConnell
Nickles
Shelby
Smith
So the amendment (No. 5078) as amended, was agreed to.
Mr. LEAHY. I move to reconsider the vote.
[[Page S8945]]
Mr. LIEBERMAN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
international military education and training [imet]--indonesia
Mr. COCHRAN. Mr. President, I congratulate the chairman of the
Foreign Operations Subcommittee, Senator McConnell, and the ranking
Democrat, Senator Leahy, for the fine job they've done putting together
the fiscal year 1997 foreign operations appropriations bill. This
legislation is very important in helping the United States to influence
events and protect American interests around the world, and I know that
the bill takes a great deal of hard work on the part of Senators
McConnell and Leahy, and their staffs, to move it to the floor.
One of the important functions funded by this legislation is the
International Military Education and Training, or IMET, Program. Title
III of this bill provides $40 million for IMET for fiscal year 1997.
According to the Defense Department, IMET has three principal
objectives:
First, to encourage mutually beneficial relations and increased
understanding between the United States and foreign countries in
furtherance of the goals of international peace and security.
Second, to improve the ability of participating foreign countries to
utilize their resources, including defense articles and services
obtained from the United States, with maximum effectiveness, thereby
contributing to greater self-reliance by such countries; and,
Third, to increase the awareness of nationals of foreign countries
participating in such activities of basic issues involving
internationally recognized human rights.
In fiscal year 1995, 109 countries participated in IMET.
The pending legislation includes a few restrictions on use of IMET
funds: None of the funds appropriated are available for either Zaire or
Guatemala, and Indonesia is eligible for what is described as an
expanded IMET Program. With regard to Indonesia specifically, on page
129 the bill says,
*-*-* funds appropriated under this heading for grant
financed military education and training for Indonesia may
only be available for expanded military education and
training.
I'm not quite sure why the phrase ``expanded'' is used, though,
because the expanded IMET Program is in fact highly restrictive,
allowing IMET funds for Indonesia only to be used for human rights-
related training.
I am opposed to this provision of the bill. I know that those who
support restrictions on IMET for Indonesia do so out of concern for the
human rights situation in Indonesia. And there is reason for concern,
though we should take note of the fact that the Indonesians have
undertaken to improve their policies and actions with regard to human
rights. Is their room for continued improvement? Of course there is,
but excluding Indonesia from the benefits of full IMET participation is
not the best way to help Indonesians make progress on human rights. I
also wonder, though, why it is that of all the countries participating
in IMET, only Indonesia is singled out for restrictions. Think about
the other 108 fiscal year 1995 unrestricted IMET participants, Burundi,
Ethiopia, Cambodia, Russia, and Algeria. Are we saying they don't have
any human rights problems?
IMET is of vital importance in helping military officers from other
countries to learn from the example of the United States, to help
sensitize these officers to the proper role of the military and the
rule of law in a civil society. Bringing military officers from
Indonesia for human rights training, under the expanded IMET, can be
helpful. But it would be more helpful to bring Indonesian officers to
the United States for full IMET training, thereby exposing these
officers to daily exchanges with their American counterparts. If we
want to help correct human rights abuse, it makes more sense to take
officers, both junior and field grade officers, and involve them in our
military training, side by side, with our own officers.
As an example, every year we send hundreds of our own lieutenants
through the infantry officers basic course at Fort Benning, GA.
Included in these classes, as full members, are officers sent from
other countries as part of the IMET Program. These foreign officers get
human rights training along with the American officers in the infantry
officers basic course, and they're also taught respect for the rule of
law and the proper relations between military and civil authorities in
a free society. The most important part of this experience for foreign
military officers is not what they're taught in a classroom, though
that is valuable. More important is the involvement in our military
culture, being treated as equals of the American lieutenants in the
course and learning by the example their American friends. They learn
the role of the military in a free society, and also the
responsibilities of each and every officer to that society.
Indonesia is important to the United States. We shouldn't ignore the
fact that it is the world's fourth most populous country, and we can't
ignore the fact that our Navy must transit its sea lanes in seeking to
move rapidly between the Pacific and the Indian Oceans. But this is
more than simply a question of what is strictly in the national
interest of the United States, though that alone should be sufficient.
Indonesia is also becoming an important force for peace and stability
in Asia, something that is also very important to the United States.
The growing friendship between the United States and Indonesia is not
something that should be taken lightly or for granted.
During my recent visit to Indonesia our Ambassador, Stapleton Roy,
was clear in expressing his desire for full access to IMET for
Indonesia. I learned from my visit that when human rights problems
occur, invariably it is not American-trained officers involved, but the
officers not trained in the United States.
If we are serious about helping our friends in Indonesia preaching to
them about human rights is not the most productive use of our resources
or their time. By including Indonesia in the normal IMET program, they
learn about human rights by word and deed; we create lasting friendship
that aren't based upon lecturing, and build support for and orientation
toward United States policies; and, in so doing, we advance United
States bilateral and regional interests.
Let's be consistent. Either all nations with human rights problems
should be excluded from full IMET participation, or none should.
Singling out Indonesia for this treatment is not only wrong; it creates
suspicion and misunderstanding of our reliability as a leader.
I understand that this has been a contentious conference issue for
this bill in the past and will not offer an amendment this year to
strike the restrictive bill language on Indonesian IMET participation.
I hope, though, that during the year the issue of how nations are
permitted to participate in IMET will receive close scrutiny, and that
consideration be given to supporting a bill that eliminates this unfair
and ill-conceived restriction.
Mrs. BOXER. Mr. President, I wish to express my support for the
fiscal year 1997 Foreign Operations Appropriations Act.
I am very pleased that this bill continues to fund United States
commitments to our Camp David Accord partners, Israel and Egypt.
Foreign assistance to our Middle East allies is a critical tool needed
to keep the peace process moving ahead. Even as our overall foreign
assistance budget declines, I believe it is imperative to maintain our
aid programs to our Camp David partners at current levels.
I strongly supported the Dorgan-Hatfield code of conduct amendment
and was very disappointed that the Senate voted to table it. The United
States is now the world's leading arms exporter. Too often, arms
exported by the United States have been used for internal repression by
dictators. On many occasions, arms exports have been resold to hostile
third parties and used directly against U.S. interests. The Dorgan-
Hatfield proposal would have imposed reasonable restrictions on
exports. I will continue to work with the amendment's sponsors to move
the code of conduct forward.
I also supported the McConnell-Leahy sanctions on Burma that were
included in the committee reported version of the bill. Unfortunately,
these sanctions were eliminated by the
[[Page S8946]]
Cohen amendment. It is universally agreed that the current regime in
Burma is illegitimate, undemocratic, and abusive of even the most basic
human rights standards. It is a virtual certainty that every dollar
finding its way to the ruling party in Burma will be used to oppress
the legitimately elected government. The United States must not
participate in this kind of unconscionable oppression in any way.
I also wish to explain my vote against the Helms amendment on U.N.
taxation. Of course, I do not believe that the United Nations has the
authority to tax U.S. citizens, nor should it. I opposed the amendment
because I view it as totally unnecessary and as a gratuitous attack on
valuable U.N. programs, such as development assistance and UNICEF.
I would like to call attention to committee report language urging
the U.S. Agency for International Development to fund microenterprise
programs at their current levels. I supported earmarking funds for this
purpose, but understand the managers reluctance to earmark.
Microenterprise has been a remarkable success in the developing world.
The small local banks created through microenterprise programs truly
have the ability to wipe out poverty in their regions. I want to add my
voice to that of the committee and urge AID, in the strongest possible
terms, to allocate the maximum possible level of funding to
microenterprise programs.
Finally, I wish to note my opposition to the Coverdell amendment,
which would increase funding for counterdrug programs at the expense of
development assistance and U.N.-sponsored international organizations,
such as UNICEF and UNFPA. I support the counterdrug program, but would
note that its budget had been increased dramatically in the committee
reported bill. Development assistance, on the other hand, has been
slashed. The Coverdell amendment would exacerbate the existing
shortfall in development assistance, and thus reduce our influence and
leadership position in the world.
Mr. McCONNELL. I yield back my 2 minutes.
Mr. LEAHY. I yield back my 2 minutes.
The PRESIDING OFFICER. Without objection, the committee substitute,
as amended, is agreed to.
The committee amendment, as amended, was agreed to.
The PRESIDING OFFICER. The question is on the engrossment of the
amendment and third reading of the bill.
The amendment was ordered to be engrossed, and the bill to be read a
third time.
The bill was read a third time.
The PRESIDING OFFICER. The Chair advises the Senator from Kentucky
that the yeas and nays have not been ordered.
Mr. McCONNELL. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient is second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The bill having been read the third time, and
all time having been yielded back, the question is, Shall the bill
pass?
The yeas and nays have been ordered, and the clerk will call the
roll.
The bill clerk called the roll.
The result was announced--yeas 93, nays 7, as follows:
[Rollcall Vote No. 248 Leg.]
YEAS--93
Abraham
Akaka
Ashcroft
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Bradley
Breaux
Brown
Bryan
Bumpers
Burns
Campbell
Chafee
Coats
Cochran
Cohen
Conrad
Coverdell
D'Amato
Daschle
DeWine
Dodd
Domenici
Dorgan
Exon
Feingold
Feinstein
Ford
Frahm
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Harkin
Hatch
Hatfield
Heflin
Hutchison
Inhofe
Inouye
Jeffords
Johnston
Kassebaum
Kennedy
Kerrey
Kerry
Kohl
Kyl
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Nunn
Pell
Pressler
Pryor
Reid
Robb
Rockefeller
Roth
Santorum
Sarbanes
Shelby
Simon
Simpson
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Warner
Wellstone
Wyden
NAYS--7
Byrd
Craig
Faircloth
Helms
Hollings
Kempthorne
Smith
The bill (H.R. 3540), as amended, was agreed to, as follows:
Resolved, That the bill from the House of Representatives
(H.R. 3540) entitled ``An Act making appropriations for
foreign operations, export financing, and related programs
for the fiscal year ending September 30, 1997, and for other
purposes'', do pass with the following amendment:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1997, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any
country other than a nuclear-weapon State as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act that has detonated a nuclear explosive after
the date of enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, $730,000,000 to
remain available until September 30, 1998: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That such sums shall remain
available until 2012 for the disbursement of direct loans,
loan guarantees, insurance and tied-aid grants obligated in
fiscal years 1997 and 1998: Provided further, That up to
$50,000,000 of funds appropriated by this paragraph shall
remain available until expended and may be used for tied-aid
grant purposes: Provided further, That none of the funds
appropriated by this paragraph may be used for tied-aid
credits or grants except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-
Import Bank Act of 1945, in connection with the purchase or
lease of any product by any East European country, any Baltic
State, or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs (to be computed on an
accrual basis), including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to
exceed $20,000 for official reception and representation
expenses for members of the Board of Directors, $40,000,000:
Provided, That necessary expenses (including special services
performed on a contract or fee basis, but not including other
personal services) in connection with the collection of
moneys owed the Export-Import Bank, repossession or sale of
pledged collateral or other assets acquired by the Export-
Import Bank in satisfaction of moneys owed the Export-Import
Bank, or the investigation or appraisal of any property, or
the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or
insurance commitment has been made, shall be considered
nonadministrative expenses for the purposes of this heading:
Provided further, That, none of the funds made available by
this or any other Act may be made available to pay the salary
and any other expenses of the incumbent Chairman and
President of the Export-Import Bank unless and until he has
been confirmed by the United States Senate: Provided further,
That, notwithstanding subsection (b) of section 117 of the
Export Enhancement Act of 1992, subsection (a) thereof shall
remain in effect until October 1, 1997.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $32,000,000: Provided further, That
project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $72,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by
[[Page S8947]]
transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That such sums shall be available for direct loan
obligations and loan guaranty commitments incurred or made
during fiscal years 1997 and 1998: Provided further, That
such sums shall remain available through fiscal year 2005 for
the disbursement of direct and guaranteed loans obligated in
fiscal year 1997, and through fiscal year 2006 for the
disbursement of direct and guaranteed loans obligated in
fiscal year 1998. In addition, such sums as may be necessary
for administrative expenses to carry out the credit program
may be derived from amounts available for administrative
expenses to carry out the credit and insurance programs in
the Overseas Private Investment Corporation Noncredit Account
and merged with said account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$40,000,000: Provided, That the Trade and Development Agency
may receive reimbursements from corporations and other
entities for the costs of grants for feasibility studies and
other project planning services, to be deposited as an
offsetting collection to this account and to be available for
obligation until September 30, 1997, for necessary expenses
under this paragraph: Provided further, That such
reimbursements shall not cover, or be allocated against,
direct or indirect administrative costs of the agency.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 1997,
unless otherwise specified herein, as follows:
AGENCY FOR INTERNATIONAL DEVELOPMENT
development assistance
(including transfer of funds)
For necessary expenses to carry out the provisions of
sections 103 through 106 and chapter 10 of part I of the
Foreign Assistance Act of 1961, title V of the International
Security and Development Cooperation Act of 1980 (Public Law
96-533) and the provisions of section 401 of the Foreign
Assistance Act of 1969, $1,262,000,000, to remain available
until September 30, 1998: Provided, That of the amount
appropriated under this heading, up to $18,000,000 may be
made available for the Inter-American Foundation and shall be
apportioned directly to that agency: Provided further, That
of the amount appropriated under this heading, up to
$10,500,000 may be made available for the African Development
Foundation and shall be apportioned directly to that agency:
Provided further, That of the funds appropriated under title
II of this Act that are administered by the Agency for
International Development and made available for family
planning assistance, not less than 65 percent shall be made
available directly to the agency's central Office of
Population and shall be programmed by that office for family
planning activities: Provided further, That of the funds
appropriated under this heading and under the heading
``Population, Development Assistance'' that are made
available by the Agency for International Development for
development assistance activities, the amount made available
to carry out chapter 10 of part I of the Foreign Assistance
Act of 1961 (relating to the Development Fund for Africa)
shall be in at least the same proportion as the amount
identified in the fiscal year 1997 draft congressional
presentation document for development assistance for sub-
Saharan Africa is to the total amount requested for
development assistance for such fiscal year: Provided
further, That funds appropriated under this heading shall be
made available, notwithstanding any other provision of law,
to assist Vietnam to refom its trade regime through, among
other things, reform of its commercial and investment legal
codes: Provided further, That up to $5,000,000 of the funds
appropriated under this heading may be made available for
necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961: Provided further, That
none of the funds made available in this Act nor any
unobligated balances from prior appropriations may be made
available to any organization or program which, as determined
by the President of the United States, supports or
participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That
none of the funds made available under this heading or under
the heading ``Population, Development Assistance'', may be
used to pay for the performance of abortion as a method of
family planning or to motivate or coerce any person to
practice abortions; and that in order to reduce reliance on
abortion in developing nations, funds shall be available only
to voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of this
or any other Act authorizing or appropriating funds for
foreign operations, export financing, and related programs,
the term ``motivate'', as it relates to family planning
assistance, shall not be construed to prohibit the provision,
consistent with local law, of information or counseling about
all pregnancy options: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That,
notwithstanding section 109 of the Foreign Assistance Act of
1961, of the funds appropriated under this heading in this
Act, and of the unobligated balances of funds previously
appropriated under this heading, $17,500,000 shall be
transferred to ``International Organizations and Programs''
for a contribution to the International Fund for Agricultural
Development (IFAD), and that any such transfer of funds shall
be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds appropriated under this heading that are made available
for assistance programs for displaced and orphaned children
and victims of war, not to exceed $25,000, in addition to
funds otherwise available for such purposes, may be used to
monitor and provide oversight of such programs: Provided
further, That not less than $650,000 of the funds made
available under this heading shall be available only for
support of the United States Telecommunications Training
Institute: Provided further, That of the amount appropriated
under this heading, not less than $15,000,000 shall be
available only for the American Schools and Hospitals Abroad
program under section 214 of the Foreign Assistance Act of
1961.
population, development assistance
For necessary expenses to carry out the provisions of
section 104(b) of the Foreign Assistance Act of 1961,
$410,000,000, to remain available until September 30, 1998.
cyprus
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than
$15,000,000 shall be made available for Cyprus to be used
only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed
at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two
communities on Cyprus.
burma
Of the funds appropriated by this Act to carry out the
provisions of chapter 8 of part I and chapter 4 of part II of
the Foreign Assistance Act of 1961, not less than $2,500,000
shall be made available to support activities in Burma, along
the Burma-Thailand border, and for activities of Burmese
student groups and other organizations located outside Burma,
for the purposes of fostering democracy in Burma, supporting
the provision of medical supplies and other humanitarian
assistance to Burmese located in Burma or displaced Burmese
along the borders, and for other purposes: Provided, That of
this amount, not less than $200,000 shall be made available
to support newspapers, publications, and other media
activities promoting democracy inside Burma: Provided
further, That funds made available under this heading may be
made available notwithstanding any other provision of law:
Provided further, That provision of such funds shall be made
available subject to the regular notification procedures of
the Committees on Appropriations.
PRIVATE AND VOLUNTARY ORGANIZATIONS
None of the funds appropriated or otherwise made available
by this Act for development assistance may be made available
to any United States private and voluntary organization,
except any cooperative development organization, which
obtains less than 20 per centum of its total annual funding
for international activities from sources other than the
United States Government: Provided, That the requirements of
the provisions of section 123(g) of the Foreign Assistance
Act of 1961 and the provisions on private and voluntary
organizations in title II of the ``Foreign Assistance and
Related Programs Appropriations Act, 1985'' (as enacted in
Public Law 98-473) shall be superseded by the provisions of
this section, except that the authority contained in the last
sentence of section 123(g) may be exercised by the
Administrator with regard to the requirements of this
paragraph.
Funds appropriated or otherwise made available under title
II of this Act should be made available to private and
voluntary organizations at a level which is equivalent to the
level provided in fiscal year 1995. Such private and
voluntary organizations shall include those which operate on
a not-for-profit basis, receive contributions from private
sources, receive voluntary support from the public and are
deemed to be among the most cost-effective and successful
providers of development assistance.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as
amended, $190,000,000, to remain available until expended.
debt restructuring
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying direct loans
and loan guarantees, as the President may determine, for
which funds have been appropriated or otherwise made
available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing,
or canceling amounts, through debt buybacks and swaps, owed
to the United States as a result of concessional loans made
to
[[Page S8948]]
eligible Latin American and Caribbean countries, pursuant to
part IV of the Foreign Assistance Act of 1961; of modifying
direct loans extended to least developed countries, as
authorized under title I of the Agricultural Trade
Development and Assistance Act of 1954, as amended; and of
modifying concessional loans authorized under title I of the
Agricultural Trade Development and Assistance Act of 1954, as
amended, as authorized under subsection (a) under the heading
``Debt Reduction for Jordan'' in title VI of Public Law 103-
306, $27,000,000, to remain available until expended:
Provided, That none of the funds appropriated under this
heading shall be obligated except through the regular
notification procedures of the Committee on Appropriations.
micro and small enterprise development program account
For the subsidy cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign
Assistance Act of 1961, as amended: Provided, That such costs
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That guarantees of
loans made under this heading in support of microenterprise
activities may guarantee up to 70 percent of the principal
amount of any such loans notwithstanding section 108 of the
Foreign Assistance Act of 1961. In addition, for
administrative expenses to carry out programs under this
heading, $500,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of the
Agency for International Development: Provided further, That
funds made available under this heading shall remain
available until September 30, 1998.
HOUSING GUARANTY PROGRAM ACCOUNT
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of guaranteed loans
authorized by sections 221 and 222 of the Foreign Assistance
Act of 1961, $4,000,000, to remain available until September
30, 1998: Provided, That these funds are available to
subsidize loan principal, 100 percent of which shall be
guaranteed, pursuant to the authority of such sections. In
addition, for administrative expenses to carry out guaranteed
loan programs, $6,000,000, all of which may be transferred to
and merged with the appropriation for Operating Expenses of
the Agency for International Development: Provided further,
That commitments to guarantee loans under this heading may be
entered into notwithstanding the second and third sentences
of section 222(a) and, with regard to programs for central
and Eastern Europe and programs for the benefit of South
Africans disadvantaged by apartheid, section 223(j) of the
Foreign Assistance Act of 1961.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act
of 1980, $43,826,000.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions of
section 667, $495,000,000: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be made available
for expenses necessary to relocate the Agency for
International Development, or any part of that agency, to the
building at the Federal Triangle in Washington, District of
Columbia.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE
OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of
section 667, $28,000,000, to remain available until expended,
which sum shall be available for the Office of the Inspector
General of the Agency for International Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,340,000,000, to remain available
until September 30, 1998: Provided, That of the funds
appropriated under this heading, not less than $1,200,000,000
shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be
disbursed within thirty days of enactment of this Act or by
October 31, 1996, whichever is later: Provided further, That
not less than $815,000,000 shall be available only for Egypt,
which sum shall be provided on a grant basis, and of which
sum cash transfer assistance may be provided, with the
understanding that Egypt will undertake significant economic
reforms which are additional to those which were undertaken
in previous fiscal years, and of which not less than
$200,000,000 shall be provided as Commodity Import Program
assistance: Provided further, That in exercising the
authority to provide cash transfer assistance for Israel and
Egypt, the President shall ensure that the level of such
assistance does not cause an adverse impact on the total
level of non-military exports from the United States to each
such country: Provided further, That it is the sense of the
Congress that the recommended levels of assistance for Egypt
and Israel are based in great measure upon their continued
participation in the Camp David Accords and upon the
Egyptian-Israeli peace treaty: Provided further, That of the
funds appropriated under this heading, $3,000,000 shall be
made available to establish an independent radio broadcasting
service to Iran: Provided further, That none of the funds
appropriated under this heading shall be made available for
Zaire: Provided further, That of the funds appropriated under
this heading by prior appropriations Acts, $36,000,000 of
unobligated and unearmarked funds shall be transferred to and
consolidated with funds appropriated by this Act under the
heading ``International Organizations and Programs''.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $475,000,000, to
remain available until September 30, 1998, which shall be
available, notwithstanding any other provision of law, for
economic assistance and for related programs for Central and
Eastern Europe and the Baltic States.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for
an Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the Fund's disbursement of such
funds for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds made
available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects
and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
(d) With regard to funds appropriated or otherwise made
available under this heading for the economic revitalization
program in Bosnia and Herzegovina, and local currencies
generated by such funds (including the conversion of funds
appropriated under this heading into currency used by Bosnia
and Herzegovina as local currency and local currency returned
or repaid under such program)--
(1) the Administrator of the Agency for International
Development shall provide written approval for grants and
loans prior to the obligation and expenditure of funds for
such purposes, and prior to the use of funds that have been
returned or repaid to any lending facility or grantee; and
(2) the provisions of section 534 of this Act shall apply.
(e) With regard to funds appropriated under this heading
that are made available for economic revitalization programs
in Bosnia and Hercegovina, 50 percent of such funds shall not
be available for obligation unless the President determines
and certifies to the Committees on Appropriations that the
Federation of Bosnia and Hercegovina has complied with
article III of annex 1-A of the General Framework Agreement
for Peace in Bosnia and Hercegovina concerning the withdrawal
of foreign forces, and that intelligence cooperation on
training, investigations, and related activities between
Iranian officials and Bosnian officials has been terminated.
assistance for the new independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of
chapter 11 of part I of the Foreign Assistance Act of 1961
and the FREEDOM Support Act, for assistance for the new
independent states of the former Soviet Union and for related
programs, $640,000,000, to remain available until September
30, 1998: Provided, That the provisions of such chapter shall
apply to funds appropriated by this paragraph: Provided
further, That of the funds appropriated under this heading
$25,000,000 shall be available for the legal restructuring
necessary to support a decentralized market-oriented economic
system, including enactment of necessary substantive
commercial law, implementation of reforms necessary to
establish an independent judiciary and bar, legal education
for judges, attorneys, and law students, and education of the
public designed to promote understanding of a law-based
economy.
(b) None of the funds appropriated under this heading shall
be transferred to the Government of Russia--
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, negotiating repayment of
commercial debt, respect for commercial contracts, and
equitable treatment of foreign private investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
(c) Funds may be furnished without regard to subsection (b)
if the President determines that to do so is in the national
interest.
(d) None of the funds appropriated under this heading shall
be made available to any government of the new independent
states of the former Soviet Union if that government directs
any action in violation of the territorial integrity or
national sovereignty of any other new independent state, such
as those violations included in the Helsinki Final Act:
Provided, That such funds may be made available without
regard to the restriction in this subsection if the President
determines that to do so is in the national security interest
of the United States: Provided further, That the restriction
of this subsection shall not apply to the use of such funds
for the provision of assistance for purposes of humanitarian,
disaster and refugee relief.
(e) None of the funds appropriated under this heading for
the new independent states of the former Soviet Union shall
be made available for any state to enhance its military
capability: Provided, That this restriction does not apply to
demilitarization or nonproliferation programs.
(f) Funds appropriated under this heading shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(g) Funds made available in this Act for assistance to the
new independent states of the
[[Page S8949]]
former Soviet Union shall be subject to the provisions of
section 117 (relating to environment and natural resources)
of the Foreign Assistance Act of 1961.
(h)(1) Of the funds appropriated under title II of this
Act, including funds appropriated under this heading, not
less than $11,000,000 shall be available only for assistance
for Mongolia, of which amount not less than $6,000,000 shall
be available only for the Mongolian energy sector.
(2) Funds made available for assistance for Mongolia shall
be made available in accordance with the purposes and
utilizing the authorities provided in chapter 11 of part I of
the Foreign Assistance Act of 1961.
(i) Funds made available in this Act for assistance to the
New Independent States of the former Soviet Union shall be
provided to the maximum extent feasible through the private
sector, including small- and medium-size businesses,
entrepreneurs, and others with indigenous private enterprises
in the region, intermediary development organizations
committed to private enterprise, and private voluntary
organizations: Provided, That grantees and contractors
should, to the maximum extent possible, place in key staff
positions specialists with prior on the ground expertise in
the region of activity and fluency in one of the local
languages.
(j) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated under this heading or
in prior appropriations Acts, for projects or activities that
have as one of their primary purposes the fostering of
private sector development, the Coordinator for United States
Assistance to the New Independent States and the implementing
agency shall encourage the participation of and give
significant weight to contractors and grantees who propose
investing a significant amount of their own resources
(including volunteer services and in-kind contributions) in
such projects and activities.
(k) Of the funds made available under this heading, not
less than $225,000,000 shall be made available for Ukraine,
of which funds not less than $25,000,000 shall be made
available to carry out United States decommissioning
obligations regarding the Chornobyl plant made in the
Memorandum of Understanding between the Government of Ukraine
and the G-7 Group: Provided, That not less than $35,000,000
shall be made available for agricultural projects, including
those undertaken through the Food Systems Restructuring
Program, which leverage private sector resources with United
States Government assistance: Provided further, That
$5,000,000 shall be available for a small business incubator
project: Provided further, That $5,000,000 shall be made
available for screening and treatment of childhood mental and
physical illnesses related to Chornobyl radiation: Provided
further, That of the amount appropriated under this heading,
$5,000,000 shall be available only for a land and resource
management institute to identify nuclear contamination at
Chornobyl..
(l) Of the funds made available for Ukraine, under this Act
or any other Act, not less than $50,000,000 shall be made
available to improve safety at nuclear reactors: Provided,
That of this amount $20,000,000 shall be provided for the
purchase and installation of, and training for, safety
parameter display or control systems at all operational
nuclear reactors: Provided further, That of this amount,
$20,000,000 shall be made available for the purchase,
construction, installation and training for Full Scope and
Analytical/Engineering simulators: Provided further, That of
this amount such funds as may be necessary shall be made
available to conduct Safety Analysis Reports at all
operational nuclear reactors.
(m) Of the funds made available by this Act, not less than
$95,000,000 shall be made available for Armenia.
(n) Of the funds made available by this or any other Act,
$25,000,000 shall be made available for Georgia.
(o) None of the funds appropriated under this heading may
be made available for Russia unless the President determines
and certifies in writing to the Committees on Appropriations
that the Government of Russia has terminated implementation
of arrangements to provide Iran with technical expertise,
training, technology, or equipment necessary to develop a
nuclear reactor or related nuclear research facilities or
programs.
(p) Of the funds appropriated under this heading,
$15,000,000 shall be provided for hospital partnership
programs, medical assistance to directly reduce the incidence
of infectious diseases such as diphtheria or tuberculosis,
and a program to reduce the adverse impact of contaminated
drinking water.
(q) Of the funds appropriated under this heading and under
the heading ``Assistance for Eastern Europe and the Baltic
States'', not less than $12,000,000 shall be made available
for law enforcement training and exchanges, and investigative
and technical assistance activities related to international
criminal activities: Provided, That of this amount, not less
than $1,000,000 shall be made available for training and
exchanges in Russia to combat violence against women.
(r) Of the funds appropriated under this heading, not less
than $50,000,000 should be provided to the Western NIS and
Central Asian Enterprise Funds: Provided, That obligation of
these funds shall be consistent with sound business
practices.
(s) Of the funds made available under this heading, not
less than $10,000,000 shall be made available for a United
States contribution to the Trans-Caucasus Enterprise Fund.
(t) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for
an Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the disbursement of such funds by
the Fund for program purposes. The Fund may retain for such
program proposes any interest earned on such deposits without
returning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds made
available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects
and activities.
(u) Funds appropriated under this heading may not be made
available for the Government of Ukraine if the President
determines and reports to the Committees on Appropriations
that the Government of Ukraine is engaged in military
cooperation with the Government of Libya.
(v) Of the funds appropriated under this heading, not less
than $15,000,000 shall be available only for a family
planning program for the New Independent States of the former
Soviet Union comparable to the family planning program
currently administered by the Agency for International
Development in the Central Asian Republics and focusing on
population assistance which provides an alternative to
abortion.
(w) Funds made available under this Act or any other Act
(other than assistance under title V of the FREEDOM Support
Act) may not be provided to the Government of Azerbaijan
until the President determines, and so reports to the
Congress, that the Government of Azerbaijan is taking
demonstrable steps to cease all blockades and other offensive
uses of force against Armenia and Nagorno-Karabakh.
(x) Of the funds appropriated under this heading, not less
than $2,500,000 shall be made available for the American-
Russian Center.
Independent Agency
PEACE CORPS
For expenses necessary to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $205,000,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 1998.
Department of State
INTERNATIONAL NARCOTICS CONTROL
For necessary expenses to carry out the provisions of
section 481 of the Foreign Assistance Act of 1961,
$213,000,000: Provided, That during fiscal year 1997, the
Department of State may also use the authority of section 608
of the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive non-lethal excess property from an
agency of the United States Government for the purpose of
providing it to a foreign country under chapter 8 of part I
of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided, That, of the
funds appropriated under this heading, $2,000,000 shall be
available only for demining operations in Afghanistan.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the Red
Cross, assistance to refugees, including contributions to the
International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities
to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and
hire of passenger motor vehicles; and services as authorized
by section 3109 of title 5, United States Code, $650,000,000:
Provided, That not more than $12,000,000 shall be available
for administrative expenses: Provided further, That not less
than $80,000,000 shall be made available for refugees from
the former Soviet Union and Eastern Europe and other refugees
resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance
Act of 1962, as amended (22 U.S.C. 260(c)), $50,000,000,
to remain available until expended: Provided, That the funds
made available under this heading are appropriated
notwithstanding the provisions contained in section 2(c)(2)
of the Migration and Refugee Assistance Act of 1962 which
would limit the amount of funds which could be appropriated
for this purpose.
nonproliferation, anti-terrorism, demining and related programs
(Including Transfers of Funds)
For necessary expenses for nonproliferation, anti-terrorism
and related programs and activities, $140,000,000 to carry
out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, section
504 of the FREEDOM Support Act for the Nonproliferation and
Disarmament Fund, section 23 of the Arms Export Control Act
for demining activities, notwithstanding any other provision
of law, including activities implemented through
nongovernmental and international organizations, section 301
of the Foreign Assistance Act of 1961 for a voluntary
contribution to the International Atomic Energy Agency (IAEA)
and a voluntary contribution to the Korean Peninsula Energy
Development Organization (KEDO), and for the acquisition and
provision of goods and services, or for grants to Israel
necessary to support the eradication of terrorism in and
around Israel: Provided, That of this amount not to exceed
$15,000,000, to remain available until expended, may be made
available for the Nonproliferation and Disarmament Fund,
notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for
[[Page S8950]]
such countries other than the new independent states of the
former Soviet Union and international organizations when it
is in the national security interest of the United States to
do so: Provided further, That such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated
under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of
State determines (and so reports to the Congress) that Israel
is not being denied its right to participate in the
activities of that Agency: Provided further, That,
notwithstanding any prohibitions in this or any other Act on
direct or indirect assistance to North Korea, not more than
$25,000,000 may be made available to the Korean Peninsula
Energy Development Organization (KEDO) only for heavy fuel
oil costs and other expenses associated with the Agreed
Framework, of which $13,000,000 shall be from funds
appropriated under this heading and $12,000,000 may be
transferred from funds appropriated by this Act under the
headings ``International Organization and Programs'',
``Foreign Military Financing Program'', and ``Economic
Support Fund'': Provided further, That such funds may be
obligated to KEDO only if, prior to such obligation of funds,
the President certifies and so reports to Congress that
(1)(A) the United States is taking steps to assure that
progress is made on the implementation of the January 1,
1992, Joint Declaration on the Denuclearization of the Korean
Peninsula and the implementation of the North-South dialogue,
and (B) North Korea is complying with the other provisions of
the Agreed Framework between North Korea and the United
States and with the Confidential Minute; (2) North Korea is
cooperating fully in the canning and safe storage of all
spent fuel from its graphite-moderated nuclear reactors and
that such canning and safe storage is scheduled to be
completed by the end of fiscal year 1997; and (3) North Korea
has not significantly diverted assistance provided by the
United States for purposes for which such assistance was not
intended: Provided further, That the President may waive the
certification requirements of the preceding proviso if the
President deems it necessary in the vital national security
interests of the United States: Provided further, That no
funds may be obligated for KEDO until 30 calendar days after
the submission to Congress of the waiver permitted under the
preceding proviso: Provided further, That before obligating
any funds for KEDO, the President shall report to Congress on
(1) the cooperation of North Korea in the process of
returning to the United States the remains of United States
military personnel who are listed as missing in action as a
result of the Korean conflict (including conducting joint
field activities with the United States); (2) violations of
the military armistice agreement of 1953; (3) the actions
which the United States is taking and plans to take to assure
that North Korea is consistently taking steps to implement
the Joint Declaration on Denuclearization of the Korean
Peninsula and engage in North-South dialogue; and (4) all
instances of non-compliance with the agreed framework between
North Korea and the United States and the Confidential
Minute, including diversion of heating fuel oil: Provided
further, That the obligation of such funds shall be subject
to the regular notification procedures of the Committees on
Appropriations.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$40,000,000: Provided, That up to $100,000 of the funds
appropriated under this heading may be made available for
grant financed military education and training for any high
income country on the condition that that country agrees to
fund from its own resources the transportation cost and
living allowances of its students: Provided further, That the
civilian personnel for whom military education and training
may be provided under this heading may also include members
of national legislatures who are responsible for the
oversight and management of the military, and may also
include individuals who are not members of a government:
Provided further, That none of the funds appropriated under
this heading shall be available for Zaire and Guatemala:
Provided further, That funds appropriated under this heading
for grant financed military education and training for
Indonesia may only be available for expanded military
education and training.
foreign military financing program
(including transfers of funds)
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $3,224,000,000: Provided, That of the funds
appropriated by this paragraph not less than $1,800,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be available for grants only for
Egypt: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within thirty days of
enactment of this Act or by October 31, 1996, whichever is
later: Provided further, That to the extent that the
Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph
shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less
than $475,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That Poland,
Hungary, and the Czech Republic shall be designated as
eligible for the program established under section 203(a) of
the NATO Participation Act of 1994: Provided further, That of
the funds made available under this paragraph, $30,000,000
shall be available for assistance on a grant basis for
Poland, Hungary, and the Czech Republic to carry out title II
of Public Law 103-477 and section 585 of Public Law 104-107:
Provided further, That funds made available under this
paragraph shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act:
Provided further, That, for the purpose only of providing
support for NATO expansion and the Warsaw Initiative Program,
of the funds appropriated by this Act under the headings
``Assistance for Eastern Europe and the Baltic States'' and
``Assistance for the New Independent States of the Former
Soviet Union'', up to a total of $20,000,000 may be
transferred, notwithstanding any other provision of law, to
the funds appropriated under this paragraph: Provided
further, That none of the funds made available under this
heading shall be available for any non-NATO country
participating in the Partnership for Peace Program except
through the regular notification procedures of the Committees
on Appropriations.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of direct loans authorized
by section 23 of the Arms Export Control Act as follows: cost
of direct loans, $60,000,000: Provided, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans of not to exceed $540,000,000:
Provided further, That the rate of interest charged on such
loans shall be not less than the current average market yield
on outstanding marketable obligations of the United States of
comparable maturities: Provided further, That of the funds
appropriated under this paragraph $20,000,000 shall be made
available to Poland, Hungary, and the Czech Republic:
Provided further, That funds appropriated under this heading
shall be made available for Greece and Turkey only on a loan
basis, and the principal amount of direct loans for each
country shall not exceed the following: $122,500,000 only for
Greece and $175,000,000 only for Turkey.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurements has first signed an agreement with the
United States Government specifying the conditions under
which such procurements may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided
further, That funds made available under this heading shall
be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a):
Provided further, That none of the funds appropriated under
this heading shall be available for Zaire, Sudan, Peru,
Liberia, and Guatemala: Provided further, That none of the
funds appropriated or otherwise made available for use under
this heading may be made available for Colombia or Bolivia
until the Secretary of State certifies that such funds will
be used by such country primarily for counternarcotics
activities: Provided further, That funds made available under
this heading may be used, notwithstanding any other provision
of law, for activities related to the clearance of landmines
and unexploded ordnance, and may include activities
implemented through nongovernmental and international
organizations: Provided further, That not more than
$100,000,000 of the funds made available under this heading
shall be available for use in financing the procurement of
defense articles, defense services, or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act to countries
other than Israel and Egypt: Provided further, That only
those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal
year 1989 congressional presentation for security assistance
programs may utilize funds made available under this heading
for procurement of defense articles, defense services or
design and construction services that are not sold by the
United States Government under the Arms Export Control Act:
Provided further, That, subject to the regular notification
procedures of the Committees on Appropriations, funds made
available under this heading for the cost of direct loans may
also be used to supplement the funds available under this
heading for grants, and funds made available under this
heading for grants may also be used to supplement the funds
available under this heading for the cost of direct loans:
Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make
timely payment for defense articles and services: Provided
further, That the Department of Defense shall conduct during
the current fiscal year nonreimbursable audits of private
firms whose contracts are made directly with foreign
governments and are financed with funds made available under
this heading (as well as subcontractors thereunder) as
requested by the Defense Security Assistance Agency: Provided
further, That not more than $23,250,000 of the funds
appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor
vehicles for replacement only for use outside of the United
States, for the general costs of administering military
assistance and sales: Provided further, That not more than
$355,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated
for expenses incurred by the Department of Defense during
fiscal year 1997 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded only
[[Page S8951]]
through the regular notification procedures of the Committees
on Appropriations.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$65,000,000: Provided, That none of the funds appropriated
under this paragraph shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
International Financial Institutions
contribution to the global environment facility
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury, for the
United States contribution to the Global Environment Facility
(GEF), $35,000,000, to remain available until September 30,
1998.
contribution to the interim trust fund at the international development
association
For payment to the Interim Trust Fund administered by the
International Development Association by the Secretary of the
Treasury, $700,000,000, to remain available until expended.
contribution to the international finance corporation
For payment to the International Finance Corporation by the
Secretary of the Treasury, $6,656,000, for the United States
share of the increase in subscriptions to capital stock, to
remain available until expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the
Secretary of the Treasury, for the United States share of
the paid-in share portion of the increase in capital stock,
$25,610,667, and for the United States share of the increase
in the resources of the Fund for Special Operations,
$10,000,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American
Development Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
such capital stock in an amount not to exceed $1,503,718,910.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the Fund to be administered by
the Inter-American Development Bank, $27,500,000 to remain
available until expended.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary
of the Treasury for the United States share of the paid-in
portion of the increase in capital stock, $13,221,596, to
remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $647,858,204.
contribution to the asian development fund
For the United States contribution by the Secretary of the
Treasury to the increases in resources of the Asian
Development Fund, as authorized by the Asian
Development Bank Act, as amended (Public Law 89-369),
$100,000,000, to remain available until expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $11,916,447,
for the United States share of the paid-in share portion of
the initial capital subscription, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$27,805,043.
North American Development Bank
For payment to the North American Development Bank by the
Secretary of the Treasury, for the United States share of the
paid-in portion of the capital stock, $56,250,000, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the North American
Development Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
the capital stock of the North American Development Bank in
an amount not to exceed $318,750,000.
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $270,000,000: Provided, That none
of the funds appropriated under this heading shall be made
available for the United Nations Fund for Science and
Technology: Provided further, That not less than $3,000,000
of the funds appropriated under this heading shall be made
available for the World Food Program: Provided further, That
none of the funds appropriated under this heading may be made
available to the International Atomic Energy Agency (IAEA):
Provided further, That none of the funds appropriated under
this heading that are made available to the United Nations
Population Fund (UNFPA) shall be made available for
activities in the People's Republic of China: Provided
further, That not more than $35,000,000 of the funds
appropriated under this heading may be made available to the
UNFPA: Provided further, That not more than one-half of this
amount may be provided to UNFPA before March 1, 1997, and
that no later than February 15, 1997, the Secretary of State
shall submit a report to the Committees on Appropriations
indicating the amount UNFPA is budgeting for the People's
Republic of China in 1997: Provided further, That any amount
UNFPA plans to spend in the People's Republic of China in
1997 shall be deducted from the amount of funds provided to
UNFPA after March 1, 1997 pursuant to the previous provisos:
Provided further, That with respect to any funds appropriated
under this heading that are made available to UNFPA, UNFPA
shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
TITLE V--GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
Sec. 501. Except for the appropriations entitled
``International Disaster Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund'', not more
than 15 per centum of any appropriation item made available
by this Act shall be obligated during the last month of
availability.
PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS
Sec. 502. None of the funds contained in title II of this
Act may be used to carry out the provisions of section 209(d)
of the Foreign Assistance Act of 1961.
LIMITATION ON RESIDENCE EXPENSES
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $126,500 shall be for
official residence expenses of the Agency for International
Development during the current fiscal year: Provided, That
appropriate steps shall be taken to assure that, to the
maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the Agency for International
Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for the Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for
general costs of administering military assistance and sales
under the heading ``Foreign Military Financing Program'', not
to exceed $2,000 shall be available for entertainment
expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the
funds made available by this Act under the heading
``International Military Education and Training'', not to
exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to
exceed a total of $4,000 shall be available for entertainment
expenses: Provided further, That of the funds made available
by this Act under the heading ``Trade and Development
Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
Sec. 506. None of the funds appropriated or made available
(other than funds for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'') pursuant to this Act, for
carrying out the Foreign Assistance Act of 1961, may be used,
except for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Iraq, Libya, North Korea, Iran, Serbia, Sudan, or Syria:
Provided, That for purposes of this section, the prohibition
on obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank
or its agents.
MILITARY COUPS
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to any country whose duly
elected Head of Government is deposed by military coup or
decree: Provided, That assistance may be resumed to such
country if the President determines and reports to the
Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government
has taken office.
TRANSFERS BETWEEN ACCOUNTS
Sec. 509. None of the funds made available by this Act may
be obligated under an appropriation account to which they
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, prior to the
exercise of any authority contained in the
[[Page S8952]]
Foreign Assistance Act of 1961 to transfer funds, consults
with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives
and the Senate: Provided, That the exercise of such authority
shall be subject to the regular notification procedures of
the Committees on Appropriations, except for transfers
specifically referred to in this Act.
DEOBLIGATION/REOBLIGATION AUTHORITY
Sec. 510. (a) Amounts certified pursuant to section 1311 of
the Supplemental Appropriations Act, 1955, as having been
obligated against appropriations heretofore made under the
authority of the Foreign Assistance Act of 1961 for the same
general purpose as any of the headings under title II of this
Act are, if deobligated, hereby continued available for the
same period as the respective appropriations under such
headings or until September 30, 1997, whichever is later, and
for the same general purpose, and for countries within the
same region as originally obligated: Provided, That the
Appropriations Committees of both Houses of the Congress are
notified fifteen days in advance of the deobligation and
reobligation of such funds in accordance with regular
notification procedures of the Committees on Appropriations.
(b) Obligated balances of funds appropriated to carry out
section 23 of the Arms Export Control Act as of the end of
the fiscal year immediately preceding the current fiscal year
are, if deobligated, hereby continued available during the
current fiscal year for the same purpose under any authority
applicable to such appropriations under this Act: Provided,
That the authority of this subsection may not be used in
fiscal year 1997.
AVAILABILITY OF FUNDS
Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8 and 11 of part I, section 667,
and chapter 4 of part II of the Foreign Assistance Act of
1961, as amended, and funds provided under the heading
``Assistance for Eastern Europe and the Baltic States'',
shall remain available until expended if such funds are
initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or
economic policy reform objectives, shall remain available
until expended: Provided further, That the report required by
section 653(a) of the Foreign Assistance Act of 1961 shall
designate for each country, to the extent known at the time
of submission of such report, those funds allocated for cash
disbursement for balance of payment and economic policy
reform purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to any country which
is in default during a period in excess of one calendar year
in payment to the United States of principal or interest on
any loan made to such country by the United States pursuant
to a program for which funds are appropriated under this Act:
Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made
available in this Act or during the current fiscal year for
Nicaragua, and for any narcotics-related assistance for
Colombia, Bolivia, and Peru authorized by the Foreign
Assistance Act of 1961 or the Arms Export Control Act.
COMMERCE AND TRADE
Sec. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.
SURPLUS COMMODITIES
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United
States to oppose any assistance by these institutions, using
funds appropriated or made available pursuant to this Act,
for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
NOTIFICATION REQUIREMENTS
Sec. 515. For the purposes of providing the Executive
Branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Development
Assistance'', ``Population, Development Assistance'',
``International organizations and programs'', ``Trade and
Development Agency'', ``International narcotics control'',
``Assistance for Eastern Europe and the Baltic States'',
``Assistance for the New Independent States of the Former
Soviet Union'', ``Economic Support Fund'', ``Peacekeeping
operations'', ``Operating expenses of the Agency for
International Development'', ``Operating expenses of the
Agency for International Development Office of Inspector
General'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Export-Import Bank of the United
States'', ``Foreign Military Financing Program'',
``International military education and training'', ``Peace
Corps'', ``Migration and refugee assistance'', and for the
``Inter-American Foundation'' and the ``African Development
Foundation'', shall be available for obligation for
activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of
the amount justified to the Appropriations Committees for
obligation under any of these specific headings unless the
Appropriations Committees of both Houses of Congress are
previously notified fifteen days in advance: Provided, That
the President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms
Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
per centum in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified fifteen
days in advance of such commitment: Provided further, That
this section shall not apply to any reprogramming for an
activity, program, or project under chapter 1 of part I of
the Foreign Assistance Act of 1961 of less than 10 per centum
of the amount previously justified to the Congress for
obligation for such activity, program, or project for the
current fiscal year: Provided further, That the requirements
of this section or any similar provision of this Act or any
other Act, including any prior Act requiring notification in
accordance with the regular notification procedures of the
Committees on Appropriations, may be waived if failure to do
so would pose a substantial risk to human health or welfare:
Provided further, That in case of any such waiver,
notification to the Congress, or the appropriate
congressional committees, shall be provided as early as
practicable, but in no event later than three days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on availability of funds for international organizations and
programs
Sec. 516. Notwithstanding any other provision of law or of
this Act, none of the funds provided for ``International
Organizations and Programs'' shall be available for the
United States proportionate share, in accordance with section
307(c) of the Foreign Assistance Act of 1961, for any
programs identified in section 307, or for Libya, Iran, or,
at the discretion of the President, Communist countries
listed in section 620(f) of the Foreign Assistance Act of
1961, as amended: Provided, That, subject to the regular
notification procedures of the Committees on Appropriations,
funds appropriated under this Act or any previously enacted
Act making appropriations for foreign operations, export
financing, and related programs, which are returned or not
made available for organizations and programs because of the
implementation of this section or any similar provision of
law, shall remain available for obligation through September
30, 1997.
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL
Sec. 517. The Congress finds that progress on the peace
process in the Middle East is vitally important to United
States security interests in the region. The Congress
recognizes that, in fulfilling its obligations under the
Treaty of Peace Between the Arab Republic of Egypt and the
State of Israel, done at Washington on March 26, 1979, Israel
incurred severe economic burdens. Furthermore, the Congress
recognizes that an economically and militarily secure Israel
serves the security interests of the United States, for a
secure Israel is an Israel which has the incentive and
confidence to continue pursuing the peace process. Therefore,
the Congress declares that, subject to the availability of
appropriations, it is the policy and the intention of the
United States that the funds provided in annual
appropriations for the Economic Support Fund which are
allocated to Israel shall not be less than the annual debt
repayment (interest and principal) from Israel to the United
States Government in recognition that such a principle serves
United States interests in the region.
[[Page S8953]]
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 518. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations: Provided, That none of the funds made
available under this Act may be used to lobby for or against
abortion.
population planning assistance limitations
Sec. 519. (a) Prohibition on Abortion Funding.--None of the
funds made available under this Act may be used to pay for
the performance of abortion as a method of family planning,
or to coerce or motivate any person to practice abortions.
(b) Prohibition on Abortion Lobbying.--None of the funds
made available under this Act may be used to lobby for or
against abortion.
(c) Eligibility.--In determining eligibility for assistance
from funds appropriated to carry out section 104 of the
Foreign Assistance Act of 1961, nongovernmental and
multilateral organizations shall not be subjected to
requirements more restrictive than the requirements
applicable to foreign governments for such assistance.
reporting requirement
Sec. 520. The President shall submit to the Committees on
Appropriations the reports required by section 25(a)(1) of
the Arms Export Control Act.
special notification requirements
Sec. 521. None of the funds appropriated in this Act shall
be obligated or expended for Colombia, Guatemala, Haiti,
Liberia, Pakistan, Sudan, or Zaire except as provided through
the regular notification procedures of the Committees on
Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 522. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the Appropriations Act
account level and shall include all Appropriations and
Authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered
to include country, regional, and central program level
funding within each such account; for the development
assistance accounts of the Agency for International
Development ``program, project, and activity'' shall also be
considered to include central program level funding, either
as (1) justified to the Congress, or (2) allocated by the
executive branch in accordance with a report, to be provided
to the Committees on Appropriations within thirty days of
enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
child survival and aids activities
Sec. 523. Up to $8,000,000 of the funds made available by
this Act for assistance for family planning, health, child
survival, and AIDS, may be used to reimburse United States
Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the Agency
for International Development for the purpose of carrying out
family planning activities, child survival activities and
activities relating to research on, and the treatment and
control of, acquired immune deficiency syndrome in developing
countries: Provided, That funds appropriated by this Act that
are made available for child survival activities or
activities relating to research on, and the treatment and
control of, acquired immune deficiency syndrome may be made
available notwithstanding any provision of law that restricts
assistance to foreign countries: Provided further, That funds
appropriated by this Act that are made available for family
planning activities may be made available notwithstanding
section 512 of this Act and section 620(q) of the Foreign
Assistance Act of 1961.
prohibition against indirect funding to certain countries
Sec. 524. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance
indirectly any assistance or reparations to Cuba, Iraq,
Libya, Iran, Syria, North Korea, or the People's Republic of
China, unless the President of the United States certifies
that the withholding of these funds is contrary to the
national interest of the United States.
RECIPROCAL LEASING
Sec. 525. Section 61(a) of the Arms Export Control Act is
amended by striking out ``1996'' and inserting in lieu
thereof ``1997''.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 526. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees
pursuant to subsection (c) of that section: Provided, That
before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such
Committees: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.
authorization requirement
Sec. 527. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
and section 15 of the State Department Basic Authorities Act
of 1956.
Prohibition on Bilateral Assistance to Terrorist Countries
Sec. 528. (a) Notwithstanding any other provision of law,
funds appropriated for bilateral assistance under any heading
of this Act and funds appropriated under any such heading in
a provision of law enacted prior to enactment of this Act,
shall not be made available to any country which the
President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism,
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least fifteen days before the waiver takes effect,
shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
commercial leasing of defense articles
Sec. 529. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel, Egypt and NATO and major non-NATO allies
for the procurement by leasing (including leasing with an
option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having
possible civilian application), if the President determines
that there are compelling foreign policy or national security
reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
competitive insurance
Sec. 530. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States insurance companies have a fair opportunity to
bid for insurance when such insurance is necessary or
appropriate.
stingers in the persian gulf region
Sec. 531. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1990, the United States may not sell or
otherwise make available any Stingers to any country
bordering the Persian Gulf under the Arms Export Control Act
or chapter 2 of part II of the Foreign Assistance Act of
1961.
debt-for-development
Sec. 532. In order to enhance the continued participation
of nongovernmental organizations in economic assistance
activities under the Foreign Assistance Act of 1961,
including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a
grantee or contractor of the Agency for International
Development may place in interest bearing accounts funds made
available under this Act or prior Acts or local currencies
which accrue to that organization as a result of economic
assistance provided under title II of this Act and any
interest earned on such investment may be used for the
purpose for which the assistance was provided to that
organization.
competitive pricing for sales of defense articles
Sec. 533. Direct costs associated with meeting a foreign
customer's additional or unique requirements will continue to
be allowable under contracts under section 22(d) of the Arms
Export Control Act. Loadings applicable to such direct costs
shall be permitted at the same rates applicable to
procurement of like items purchased by the Department of
Defense for its own use.
separate accounts
Sec. 534. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the Agency for
International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated, and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
[[Page S8954]]
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities, or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The Agency for
International Development shall take all appropriate steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination
of assistance to a country under chapters 1 or 10 of part I
or chapter 4 of part II (as the case may be), any
unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be
disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Conforming Amendments.--The provisions of this
subsection shall supersede the tenth and eleventh provisos
contained under the heading ``Sub-Saharan Africa, Development
Assistance'' as included in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 and
sections 531(d) and 609 of the Foreign Assistance Act of
1961.
(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapters 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (H. Report No. 98-
1159).
(3) Notification.--At least fifteen days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification through
the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of
how the funds proposed to be made available will be used,
with a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a
description of the economic policy reforms that will be
promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 535. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while
the United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the
Asian Development Bank, the Asian Development Fund, the
African Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and
Development.
Compliance With United Nations Sanctions Against Iraq
Sec. 536. (a) Denial of Assistance.--None of the funds
appropriated or otherwise made available pursuant to this Act
to carry out the Foreign Assistance Act of 1961 (including
title IV of chapter 2 of part I, relating to the Overseas
Private Investment Corporation) or the Arms Export Control
Act may be used to provide assistance to any country that is
not in compliance with the United Nations Security Council
sanctions against Iraq, Serbia or Montenegro unless the
President determines and so certifies to the Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and
Kuwait.
(b) Import Sanctions.--If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions of the United Nations and the United
States imposed with respect to Iraq, Serbia, or Montenegro,
as the case may be, and is consistent with the national
interest, the President may prohibit, for such a period of
time as he considers appropriate, the importation into the
United States of any or all products of any foreign country
that has not prohibited--
(1) the importation of products of Iraq, Serbia, or
Montenegro into its customs territory, and
(2) the export of its products to Iraq, Serbia, or
Montenegro, as the case may be.
pow/mia military drawdown
Sec. 537. (a) Notwithstanding any other provision of law,
the President may direct the drawdown, without reimbursement
by the recipient, of defense articles from the stocks of the
Department of Defense, defense services of the Department of
Defense, and military education and training, of an aggregate
value not to exceed $15,000,000 in fiscal year 1997, as may
be necessary to carry out subsection (b).
(b) Such defense articles, services and training may be
provided to Vietnam, Cambodia and Laos, under subsection (a)
as the President determines are necessary to support efforts
to locate and repatriate members of the United States Armed
Forces and civilians employed directly or indirectly by the
United States Government who remain unaccounted for from the
Vietnam War, and to ensure the safety of United States
Government personnel engaged in such cooperative efforts and
to support United States Department of Defense-sponsored
humanitarian projects associated with the POW/MIA efforts.
Any aircraft shall be provided under this section only to
Laos and only on a lease or loan basis, but may be provided
at no cost notwithstanding section 61 of the Arms Export
Control Act and may be maintained with defense articles,
services and training provided under this section.
(c) The President shall, within sixty days of the end of
any fiscal year in which the authority of subsection (a) is
exercised, submit a report to the Congress which identifies
the articles, services, and training drawn down under this
section.
mediterranean excess defense articles
Sec. 538. For the four year period beginning on October 1,
1996, the President shall ensure that excess defense articles
will be made available under section 516 and 519 of the
Foreign Assistance Act of 1961 consistent with the manner in
which the President made available excess defense articles
under those sections during the four year period that began
on October 1, 1992, pursuant to section 573(e) of the Foreign
Operations, Export Financing, Related Programs Appropriations
Act, 1990.
cash flow financing
Sec. 539. For each country that has been approved for cash
flow financing (as defined in section 25(d) of the Arms
Export Control Act, as added by section 112(b) of Public Law
99-83) under the Foreign Military Financing Program, any
Letter of Offer and Acceptance or other purchase agreement,
or any amendment thereto, for a procurement in excess of
$100,000,000 that is to be financed in whole or in part with
funds made available under this Act shall be submitted
through the regular notification procedures to the Committees
on Appropriations.
authorities for the peace corps, the inter-american foundation and the
african development foundation
Sec. 540. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development
Foundation Act. The appropriate agency shall promptly report
to the Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country
for which assistance is prohibited.
impact on jobs in the United States
Sec. 541. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export processing zone or
designated area in which the tax, tariff, labor, environment,
and safety laws of that country do not apply, in part or in
whole, to activities carried out within that zone or area,
unless the President determines and certifies that such
assistance is not likely to cause a loss of jobs within the
United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers
rights, as defined in section 502(a)(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That in
recognition that the application of this subsection should be
commensurate with the level of development of the recipient
country and sector, the provisions of this subsection shall
not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture.
authority to assist bosnia and herzegovina
Sec. 542. (a) The President is authorized to direct the
transfer, subject to prior notification of the Committees on
Appropriations, to the government of Bosnia and Herzegovina,
without reimbursement, of defense articles from the stocks of
the Department of Defense and defense services of the
Department of Defense of an aggregate value of not to exceed
$100,000,000 in fiscal years 1996 and 1997: Provided, That
the President certifies in a timely fashion to the Congress
that the transfer of such articles would assist that nation
in self-defense and thereby promote the security and
stability of the region.
(b) Within 60 days of any transfer under the authority
provided in subsection (a), and every 60 days thereafter, the
President shall report in
[[Page S8955]]
writing to the Speaker of the House of Representatives and
the President pro tempore of the Senate concerning the
articles transferred and the disposition thereof.
(c) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for defense
articles provided under this section.
RESTRICTIONS ON THE TERMINATION OF SANCTIONS AGAINST SERBIA AND
MONTENEGRO
Sec. 543. (a) Restrictions.--Notwithstanding any other
provision of law, no sanction, prohibition, or requirement
described in section 1511 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160),
with respect to Serbia or Montenegro, may cease to be
effective, unless--
(1) the President first submits to the Congress a
certification described in subsection (b); and
(2) the requirements of section 1511 of that Act are met.
(b) Certification.--A certification described in this
subsection is a certification that--
(1) there is substantial progress toward--
(A) the realization of a separate identity for Kosova and
the right of the people of Kosova to govern themselves; or
(B) the creation of an international protectorate for
Kosova;
(2) there is substantial improvement in the human rights
situation in Kosova;
(3) international human rights observers are allowed to
return to Kosova; and
(4) the elected government of Kosova is permitted to meet
and carry out its legitimate mandate as elected
representatives of the people of Kosova.
(c) Waiver Authority.--The President may waive the
application in whole or in part, of subsection (a) if the
President certifies to the Congress that the President has
determined that the waiver is necessary to meet emergency
humanitarian needs or to achieve a negotiated settlement of
the conflict in Bosnia-Herzegovina that is acceptable to the
parties.
special authorities
Sec. 544. (a) Funds appropriated in title II of this Act
that are made available for Afghanistan, Lebanon, and
Cambodia, and for victims of war, displaced children,
displaced Burmese, humanitarian assistance for Romania, and
humanitarian assistance for the peoples of Bosnia and
Herzegovina, Croatia, and Kosova, may be made available
notwithstanding any other provision of law: Provided, That
any such funds that are made available for Cambodia shall be
subject to the provisions of section 531(e) of the Foreign
Assistance Act of 1961 and section 906 of the International
Security and Development Cooperation Act of 1985: Provided
further, That none of the funds appropriated by this Act may
be made available, and funds previously obligated may not be
expended, for assistance for any country or organization that
the Secretary of State determines is cooperating, tactically
or strategically, with the Khmer Rouge in their military
operations, or to the military of any country that is not
acting vigorously to prevent its members from facilitating
the export of timber from Cambodia by the Khmer Rouge:
Provided further, That the Secretary of State shall submit
reports to the Committees on Appropriations on February 15,
1997 and September 15, 1997, on whether there are any
countries, organizations, or militaries for which assistance
is prohibited under the previous proviso, the basis for such
conclusions and, if appropriate, the steps being taken to
terminate assistance.
(b) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106 of the Foreign
Assistance Act of 1961 may be used, notwithstanding any other
provision of law, for the purpose of supporting tropical
forestry and energy programs aimed at reducing emissions of
greenhouse gases, and for the purpose of supporting
biodiversity conservation activities: Provided, That such
assistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
(c) During fiscal year 1997, the President may use up to
$40,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding the funding ceiling
contained in subsection (a) of that section.
(d) The Agency for International Development may employ
personal services contractors, notwithstanding any other
provision of law, for the purpose of administering programs
for the West Bank and Gaza.
policy on terminating the arab league boycott of israel
Sec. 545. It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel; and
(2) the President should--
(A) take more concrete steps to encourage vigorously Arab
League countries to renounce publicly the primary boycotts of
Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel as a
confidence-building measure;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and the
secondary and tertiary boycotts of American firms that have
commercial relations with Israel when determining whether to
sell weapons to said country;
(C) report to Congress on the specific steps being taken by
the President to bring about a public renunciation of the
Arab primary boycott of Israel and the secondary and tertiary
boycotts of American firms that have commercial relations
with Israel; and
(D) encourage the allies and trading partners of the United
States to enact laws prohibiting businesses from complying
with the boycott and penalizing businesses that do comply.
ANTI-NARCOTICS ACTIVITIES
Sec. 546. (a) Of the funds appropriated or otherwise made
available by this Act for ``Economic Support Fund'',
assistance may be provided to strengthen the administration
of justice in countries in Latin America and the Caribbean in
accordance with the provisions of section 534 of the Foreign
Assistance Act of 1961, except that programs to enhance
protection of participants in judicial cases may be conducted
notwithstanding section 660 of that Act.
(b) Funds made available pursuant to this section may be
made available notwithstanding the third sentence of section
534(e) of the Foreign Assistance Act of 1961. Funds made
available pursuant to subsection (a) for Bolivia, Colombia
and Peru may be made available notwithstanding section 534(c)
and the second sentence of section 534(e) of the Foreign
Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
Sec. 547. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1 and 10 of part
I of the Foreign Assistance Act of 1961: Provided, That the
President shall take into consideration, in any case in which
a restriction on assistance would be applicable but for this
subsection, whether assistance in support of programs of
nongovernmental organizations is in the national interest of
the United States: Provided further, That before using the
authority of this subsection to furnish assistance in support
of programs of nongovernmental organizations, the President
shall notify the Committees on Appropriations under the
regular notification procedures of those committees,
including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing
such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations
contained in this or any other Act.
(b) Public Law 480.--During fiscal year 1997, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act
of 1954: Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally
recognized human rights.
earmarks
Sec. 548. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with
the earmark is made impossible by operation of any provision
of this or any other Act or, with respect to a country with
which the United States has an agreement providing the United
States with base rights or base access in that country, if
the President determines that the recipient for which funds
are earmarked has significantly reduced its military or
economic cooperation with the United States since enactment
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991; however, before exercising
the authority of this subsection with regard to a base rights
or base access country which has significantly reduced its
military or economic cooperation with the United States, the
President shall consult with, and shall provide a written
policy justification to the Committees on Appropriations:
Provided, That any such reprogramming shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator
of such agency determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such earmarked funds can
be obligated during the original period of availability:
Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated
only for the purpose of such earmark.
CEILINGS AND EARMARKS
Sec. 549. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such
Act specifically so directs.
EXCESS DEFENSE ARTICLES
Sec. 550. (a) During fiscal year 1997, the authority of
section 519 of the Foreign Assistance Act of 1961, as
amended, may be used to provide nonlethal excess defense
articles to countries for which United States foreign
assistance has been
[[Page S8956]]
requested and for which receipt of such articles was
separately justified for the fiscal year, without regard to
the restrictions in subsection (a) of section 519.
(b) During fiscal year 1997, the authority of section 516
of the Foreign Assistance Act of 1961, as amended, may be
used to provide defense articles to Jordan, Tunisia, Estonia,
Latvia, Lithuania, and to countries eligible to participate
in the Partnership for Peace and to receive assistance under
Public Law 101-179: Provided, That not later than May 1,
1997, the Secretary of State shall submit a report to the
Committees on Appropriations describing actions by the
Government of Tunisia during the previous six months to
improve respect for civil liberties and promote the
independence of the judiciary.
(c) Section 516(f) of the Foreign Assistance Act of 1961,
as amended, is repealed.
(d) Section 31(d) of the Arms Export Control Act is amended
by deleting the words ``or pursuant to sales under this
Act''.
PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 551. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of enactment
of this Act by the Congress: Provided, That not to exceed
$750,000 may be made available to carry out the provisions of
section 316 of Public Law 96-533.
USE OF AMERICAN RESOURCES
Sec. 552. To the maximum extent possible, assistance
provided under this Act should make full use of American
resources, including commodities, products, and services.
prohibition of payments to united nations members
Sec. 553. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations.
consulting services
Sec. 554. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order pursuant to existing
law.
private voluntary organizations--documentation
Sec. 555. None of the funds appropriated or made available
pursuant to this Act shall be available to a private
voluntary organization which fails to provide upon timely
request any document, file, or record necessary to the
auditing requirements of the Agency for International
Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
Sec. 556. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
40(d) of the Arms Export Control Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after the date of enactment of this Act.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional
committees a report with respect to the furnishing of such
assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the
estimated dollar amount of such assistance, and an
explanation of how the assistance furthers United States
national interests.
withholding of assistance for parking fines owed by foreign countries
Sec. 557. (a) In General.--Of the funds made available for
a foreign country under part I of the Foreign Assistance Act
of 1961, an amount equivalent to 110 percent of the total
unpaid fully adjudicated parking fines and penalties owed to
the District of Columbia by such country as of the date of
enactment of this Act shall be withheld from obligation for
such country until the Secretary of State certifies and
reports in writing to the appropriate congressional
committees that such fines and penalties are fully paid to
the government of the District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 558. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of
Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided,
That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act
of 1995 or to suspend the prohibition under other
legislation, funds appropriated by this Act may not be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza.
export financing transfer authorities
Sec. 559. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 1997 for programs under title I of this Act may
be transferred between such appropriations for use for any of
the purposes, programs and activities for which the funds in
such receiving account may be used, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the
Committees on Appropriations.
war crimes tribunals
Sec. 560. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
authority of section 552(c) of the Foreign Assistance Act of
1961, as amended, may be used to provide up to $25,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals
or commissions as the Council may establish to deal with such
violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That 60 days after the date of enactment of
this Act, and every 180 days thereafter, the Secretary of
State shall submit a report to the Committees on
Appropriations describing the steps the United States
Government is taking to collect information and intelligence
regarding allegations of genocide or other violations of
international law in the former Yugoslavia and to furnish
that information to the United Nations War Crimes Tribunal
for the former Yugoslavia.
transportation of excess defense articles
Sec. 561. Notwithstanding section 519(f) of the Foreign
Assistance Act of 1961, during fiscal year 1997, funds
available to the Department of Defense may be expended for
crating, packing, handling and transportation of excess
defense articles transferred under the authority of sections
516 and 519 to countries eligible to participate in the
Partnership for Peace and to receive assistance under Public
Law 101-179.
landmines
Sec. 562. Notwithstanding any other provision of law,
demining equipment available to any department or agency and
used in support of the clearing of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe: Provided, That
section 1365(c) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 22 U.S.C., 2778 note)
is amended by striking out ``During the five-year period
beginning on October 23, 1992'' and inserting in lieu thereof
``During the eight-year period beginning on October 23,
1992''.
restrictions concerning the Palestinian authority
Sec. 563. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States
Government for the purpose of conducting official United
States Government business with the Palestinian Authority
over Gaza and Jericho or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply
to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States
and officials of the Palestinian Authority, or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles, for the purpose of conducting
official United States Government business with such
authority should continue to take place in locations other
than Jerusalem. As has been true in the past, officers and
employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.
prohibition of payment of certain expenses
Sec. 564. None of the funds appropriated or otherwise made
available by this Act under the heading ``international
military education and training'' or ``foreign military
financing program'' for Informational Program activities may
be obligated or expended to pay for--
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Informational
Program trips where students do not stay at a military
installation; or
(3) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
humanitarian assistance
Sec. 565. The Foreign Assistance Act of 1961 is amended by
adding immediately after section 620H the following new
section:
``Sec. 620I. Prohibition on Assistance to Countries That
Restrict United States Humanitarian Assistance.--
``(a) In general.--No assistance shall be furnished under
this Act or the Arms Export Control Act to any country when
it is made known
[[Page S8957]]
to the President that the government of such country
prohibits or otherwise restricts, directly or indirectly, the
transport or delivery of United States humanitarian
assistance.
``(b) Exception.--Assistance may be furnished without
regard to the restriction in subsection (a) if the President
determines that to do so is in the national security interest
of the United States.''.
purchase of american-made equipment and products
Sec. 566. (a) Sense of Congress.--It is the sense of the
Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available in
this Act should be American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
limitation of funds for north american development bank
Sec. 567. None of the funds appropriated in this Act under
the heading ``North American Development Bank'' and made
available for the Community Adjustment and Investment Program
shall be used for purposes other than those set out in the
binational agreement establishing the Bank.
policy toward burma
Sec. 568. (a) Until such time as the President determines
and certifies to Congress that Burma has made measurable and
substantial progress in improving human rights practices and
implementing democratic government, the following sanctions
shall be imposed on Burma:
(1) Bilateral assistance.--There shall be no United States
assistance to the Government of Burma, other than:
(A) humanitarian assistance,
(B) counter-narcotics assistance under chapter 8 of part I
of the Foreign Assistance Act of 1961, or crop substitution
assistance, if the Secretary of State certifies to the
appropriate congressional committees that--
(i) the Government of Burma is fully cooperating with
United States counter-narcotics efforts, and
(ii) the programs are fully consistent with United States
human rights concerns in Burma and serve the United States
national interest, and
(C) assistance promoting human rights and democratic
values.
(2) Multilateral assistance.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to vote against any loan
or other utilization of funds of the respective bank to or
for Burma.
(3) Visas.--Except as required by treaty obligations or to
staff the Burmese mission to the United States, the United
States shall not grant entry visas to any Burmese government
official.
(b) Conditional Sanctions.--The President shall prohibit
United States persons from new investment in Burma, if the
President determines and certifies to Congress that, after
the date of enactment of this Act, the Government of Burma
has physically harmed, rearrested for political acts, or
exiled Daw Aung San Suu Kyi or has committed large-scale
repression of or violence against the Democratic opposition.
(c) Multilateral Strategy.--The President shall seek to
develop, in coordination with members of ASEAN and other
countries having major trading and investment interests in
Burma, a comprehensive, multilateral strategy to bring
democracy to and improve human rights practices and the
quality of life in Burma, including the development of a
dialogue between the State Law and Order Restoration Council
(SLORC) and democratic opposition groups within Burma.
(d) Presidential Reports.--Every six months following the
enactment of this Act, the President shall report to the
Chairmen of the Committee on Foreign Relations, the Committee
on International Relations and the House and Senate
Appropriations Committees on the following:
(1) progress toward democratization in Burma;
(2) progress on improving the quality of life of the
Burmese people, including progress on market reforms, living
standards, labor standards, use of forced labor in the
tourism industry, and environmental quality; and
(3) progress made in developing the strategy referred to in
subsection (c).
(e) Waiver Authority.--The President shall have the
authority to waive, temporarily or permanently, any sanction
referred to in subsection (a) or subsection (b) if he
determines and certifies to Congress that the application of
such sanction would be contrary to the national security
interests of the United States.
(f) Definitions.--
(1) The term ``international financial institutions'' shall
include the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Multilateral
Investment Guarantee Agency, the Asian Development Bank, and
the International Monetary Fund.
(2) The term ``new investment'' shall mean any of the
following activities if such an activity is undertaken
pursuant to an agreement, or pursuant to the exercise of
rights under such an agreement, that is entered into with the
Government of Burma or a nongovernmental entity in Burma, on
or after the date of the certification under subsection (b):
(A) the entry into a contract that includes the economical
development of resources located in Burma, or the entry into
a contract providing for the general supervision and
guarantee of another person's performance of such a contract;
(B) the purchase of a share of ownership, including an
equity interest, in that development;
(C) the entry into a contract providing for the
participation in royalties, earnings, or profits in that
development, without regard to the form of the participation:
Provided, That the term ``new investment'' does not include
the entry into, performance of, or financing of a contract to
sell or purchase goods, services, or technology.
reports on the situation in burma
Sec. 569. (a) Labor Practices.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Labor, in consultation with the Secretary of State, shall
submit a report to the appropriate congressional committees
on--
(1) Burma's compliance with international labor standards
including, but not limited to, the use of forced labor, slave
labor, and involuntary prison labor by the junta;
(2) the degree to which foreign investment in Burma
contributes to violations of fundamental worker rights;
(3) labor practices in support of Burma's foreign tourist
industry; and
(4) efforts by the United States to end violations of
fundamental labor rights in Burma.
(b) Definition.--As used in this section, the term
``appropriate congressional committees'' means the Committee
on Appropriations and the Committee on Foreign Relations of
the Senate and the Committee on Appropriations and the
Committee on International Relations of the House of
Representatives.
(c) Funding.--(1) There are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1997, for expenses necessary
to carry out the provisions of this section, $30,000 to the
Department of Labor.
(2) The amount appropriated by this Act under the heading
``Department of State, international narcotics control''
shall be reduced by $30,000.
special debt relief for the poorest
Sec. 570. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of
the United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961; or
(2) credits extended or guarantees issued under the Arms
Export Control Act.
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris
Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for purposes of any provision of law limiting assistance to a
country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961.
authority to engage in debt buybacks or sales
Sec. 571. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President
may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made
before January 1, 1995, pursuant to the Foreign Assistance
Act of 1961, to the government of any eligible country as
defined in section 702(6) of that Act or on receipt of
payment from an eligible purchaser, reduce or cancel such
loan or portion thereof, only for the purpose of
facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price paid
for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of
such debt, to support activities that link conservation and
sustainable use of natural resources with local community
development, and child survival and other child development,
in a manner consistent with sections 707 through 710 of the
Foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of
any prior agreement relating to such loan.
[[Page S8958]]
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with
this section, establish the terms and conditions under which
loans may be sold, reduced, or canceled pursuant to this
section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify
the administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this
section. Such agency shall make an adjustment in its accounts
to reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the
President shall consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their
uses for debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
sanctions against countries harboring war criminals
Sec. 572. (a) Bilateral Assistance.--Funds appropriated by
this Act under the Foreign Assistance Act of 1961 or the Arms
Export Control Act may not be provided for any country
described in subsection (c).
(b) Multilateral Assistance.--The Secretary of the Treasury
shall instruct the United States executive directors of the
international financial institutions to work in opposition
to, and vote against, any extension by such institutions of
financing or financial or technical assistance to any country
described in subsection (c).
(c) Sanctioned Countries.--A country described in this
subsection is a country the government of which knowingly
grants sanctuary to persons in its territory for the purpose
of evading prosecution, where such persons--
(1) have been indicted by the International Criminal
Tribunal for the former Yugoslavia, the International
Criminal Tribunal for Rwanda, or any other international
tribunal with similar standing under international law, or
(2) have been indicted for war crimes or crimes against
humanity committed during the period beginning March 23, 1933
and ending on May 8, 1945 under the direction of, or in
association with--
(A) the Nazi government of Germany;
(B) any government in any area occupied by the military
forces of the Nazi government of Germany;
(C) any government which was established with the
assistance or cooperation of the Nazi government; or
(D) any government which was an ally of the Nazi government
of Germany.
LIMITATION ON ASSISTANCE FOR HAITI
Sec. 573. (a) None of the funds appropriated or otherwise
made available by this Act, may be provided to the Government
of Haiti until the President reports to Congress that--
(1) the Government is conducting thorough investigations of
extrajudicial and political killings; and
(2) the Government is cooperating with United States
authorities in the investigations of political and
extrajudicial killings.
(b) Nothing in this section shall be construed to restrict
the provision of humanitarian, development or electoral
assistance.
(c) The President may waive the requirements of this
section if he determines and certifies to the appropriate
committees of Congress that it is in the national interest of
the United States or necessary to assure the safe and timely
withdrawal of American forces from Haiti.
limitation on funds to the territory of the bosniac-croat federation
Sec. 574. Funds appropriated by this Act for activities in
the internationally-recognized borders of Bosnia and
Herzegovina (other than refugee and disaster assistance and
assistance for restoration of infrastructure, to include
power grids, water supplies and natural gas) may only be made
available for activities in the territory of the Bosniac-
Croat Federation.
united states government publications
Sec. 575. Beginning in fiscal year 1997, all United States
Government publications shall refer to the capital of Israel
as Jerusalem.
extension of certain adjudication provisions
Sec. 576. The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-
167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 1996'' and
inserting ``1996, and 1997''; and
(B) in subsection (e), by striking out ``October 1, 1996''
each place it appears and inserting ``October 1, 1997''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking out ``September 30, 1996'' and inserting
``September 30, 1997''.
transparency of budgets
Sec. 577. (a) Limitation.--Beginning three years after the
date of the enactment of this Act, the Secretary of the
Treasury shall instruct the United States Executive Director
of each international financial institution to use the voice
and vote of the United States to oppose any loan or other
utilization of the funds of their respective institution,
other than to address basic human needs, for the government
of any country which the Secretary of the Treasury
determines--
(1) does not have in place a functioning system for a
civilian audit of all receipts and expenditures in the
portions of its budget that fund activities of the armed
forces and security forces;
(2) has not provided a summary of a current audit to the
institution; and
(3) has not provided to the institution an accounting of
the ownership and financial interest in revenue-generating
enterprises of the armed forces and security forces.
(b) Definition.--For purposes of this section, the term
``international financial institution'' shall include the
institutions identified in section 535(b) of this Act.
promotion of human rights
Sec. 578. A senior official, or former senior official, of
a government that receives funds appropriated by this Act,
who applies for a visa to travel to the United States, shall
be denied such visa if the Secretary of State has credible
evidence that such official has committed, ordered or
attempted to thwart the investigation of a gross violation of
an internationally recognized human right: Provided, That for
purposes of this section ``senior official'' includes an
officer of the armed forces or security forces: Provided
further, That the Secretary of State may waive the
restrictions of this section on a case-by-case basis if he
determines and reports to the Committees on Appropriations
that to do so is important to the national interest of the
United States.
guarantees
Sec. 579. Section 251(b)(2)(G) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking
``fiscal year 1994 and 1995'' and inserting in lieu thereof
``fiscal years 1994, 1995, and 1997'' in both places that
this appears.
information on cooperation with united states anti-terrorism efforts in
annual country reports on terrorism
Sec. 580. Section 140 of the Foreign Relations
Authorization Act, fiscal years 1988 and 1989 (22 U.S.C.
2656f) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) with respect to each foreign country from which the
United States Government has sought cooperation during the
previous five years in the investigation or prosecution of an
act of international terrorism against United States citizens
or interests, information on--
``(A) the extent to which the government of the foreign
country is cooperating with the United States Government in
apprehending, convicting, and punishing the individual or
individuals responsible for the act; and
``(B) the extent to which the government of the foreign
country is cooperating in preventing further acts of
terrorism against United States citizens in the foreign
country; and
``(4) with respect to each foreign country from which the
United States Government has sought cooperation during the
previous five years in the prevention of an act of
international terrorism against such citizens or interests,
the information described in paragraph (3)(B).''; and
(2) in subsection (c)--
(A) by striking ``The report'' and inserting ``(1) Except
as provided in paragraph (2), the report'';
(B) by indenting the margin of paragraph (1) as so
designated, 2 ems; and
(C) by adding at the end the following:
``(2) If the Secretary of State determines that the
transmittal of the information with respect to a foreign
country under paragraph (3) or (4) of subsection (a) in
classified form would make more likely the cooperation of the
government of the foreign country as specified in such
paragraph, the Secretary may transmit the information under
such paragraph in classified form.''.
female genital mutilation
Sec. 581. (a) Limitation.--Beginning 1 year after the date
of the enactment of this Act, the Secretary of the Treasury
shall instruct the United States Executive Director of each
international financial institution to use the voice and vote
of the United States to oppose any loan or other utilization
of the funds of their respective institution, other than to
address basic human needs, for the government of any country
which the Secretary of the Treasury determines--
(1) has, as a cultural custom, a known history of the
practice of female genital mutilation;
(2) has not made the practice of female genital mutilation
illegal; and
(3) has not taken steps to implement educational programs
designed to prevent the practice of female genital
mutilation.
(b) Definition.--For purposes of this section, the term
``international financial institution'' shall include the
institutions identified in section 535(b) of this Act.
sense of congress regarding the united states-japan insurance agreement
Sec. 582. (a) Findings.--The Congress makes the following
findings:
[[Page S8959]]
(1) The United States and Japan share a long and important
bilateral relationship which serves as an anchor of peace and
stability in the Asia Pacific region, an alliance which was
reaffirmed at the recent summit meeting between President
Clinton and Prime Minister Hashimoto in Tokyo.
(2) The Japanese economy has experienced difficulty over
the past few years, demonstrating that it is no longer
possible for Japan, the world's second largest economy, to
use exports as the sole engine of economic growth, but that
the Government of Japan must promote deregulation of its
domestic economy in order to increase economic growth.
(3) Japan is the second largest insurance market in the
world and the largest life insurance market in the world.
(4) The share of foreign insurance in Japan is less than 3
percent, and large Japanese life and non-life insurers
dominate the market.
(5) The Government of Japan has had as its stated policy
for several years the deregulation and liberalization of the
Japan insurance market, and has developed and adopted a new
insurance business law as a means of achieving this publicly
stated objective of liberalization and deregulation.
(6) The Governments of Japan and the United States
concluded in October of 1994 the United States-Japan
Insurance Agreement, following more than one and one-half
years of negotiations, in which Agreement the Government of
Japan reiterated its intent to deregulate and liberalize its
market.
(7) The Government of Japan in June of 1995 undertook
additional obligations to provide greater foreign access and
liberalization to its market through its schedule of
insurance obligations during the financial services
negotiations of the World Trade Organization (WTO).
(8) The United States insurance industry is the most
competitive in the world, operates successfully throughout
the world, and thus could be expected to achieve higher
levels of market access and profitability under a more open,
deregulated and liberalized Japanese market.
(9) Despite more than one and one-half years since the
conclusion of the United States-Japan Insurance Agreement,
despite more than one year since Japan undertook new
commitments under the WTO, despite the entry into force on
April 1, 1996, of the new Insurance Business Law, the
Japanese market remains closed and highly regulated and thus
continues to deny fair and open treatment for foreign
insurers, including competitive United States insurers.
(10) The non-implementation of the United States-Japan
Insurance Agreement is a matter of grave importance to the
United States Government.
(11) Dozens of meetings between the United States Trade
Representative and the Ministry of Finance have taken place
during the past year.
(12) President Clinton, Vice President Gore, Secretary
Rubin, Secretary Christopher, Secretary Kantor, Ambassador
Barshefsky have all indicated to their counterparts in the
Government of Japan the importance of this matter to the
United States.
(13) The United States Senate has written repeatedly to the
Minister of Finance and the Ambassador of Japan.
(14) Despite all of these efforts and indications of
importance, the Ministry of Finance has failed to implement
the United States-Japan Insurance Agreement.
(15) Several deadlines have already passed for resolution
of this issue with the latest deadline set for July 31, 1996.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the Ministry of Finance of the Government of Japan
should immediately and without further delay completely and
fully comply with all provisions of the United States-Japan
Insurance Agreement, including most especially those which
require the Ministry of Finance to deregulate and liberalize
the primary sectors of the Japanese market, and those which
insure that the current position of foreign insurers in Japan
will not be jeopardized until primary sector deregulation has
been achieved, and a three-year period has elapsed; and
(2) failing satisfactory resolution of this matter on or
before July 31, 1996, the United States Government should use
any and all resources at its disposal to bring about full and
complete compliance with the Agreement.
sense of congress regarding the conflict in chechnya
Sec. 583. (a) Congressional Declaration.--The Congress
declares that the continuation of the conflict in Chechnya,
the continued killing of innocent civilians, and the ongoing
violation of human rights in that region are unacceptable.
(b) Sense of Congress.--The Congress hereby--
(1) condemns Russia's infringement of the cease-fire
agreements in Chechnya;
(2) calls upon the Government of the Russian Federation to
bring an immediate halt to offensive military actions in
Chechnya and requests President Yeltsin to honor his decree
of June 25, 1996 concerning the withdrawal of Russian armed
forces from Chechnya;
(3) encourages the two warring parties to resume
negotiations without delay so as to find a peaceful political
solution to the Chechen problem; and
(4) supports the Organization for Security and Cooperation
in Europe and its representatives in Chechnya in its efforts
to mediate in Chechnya.
requirement for disclosure of foreign aid in report of secretary of
state
Sec. 584. (a) Foreign Aid Reporting Requirement.--In
addition to the voting practices of a foreign country, the
report required to be submitted to Congress under section
406(a) of the Foreign Relations Authorization Act, fiscal
years 1990 and 1991 (22 U.S.C. 2414a), shall include a side-
by-side comparison of individual countries' overall support
for the United States at the United Nations and the amount of
United States assistance provided to such country in that
fiscal year.
(b) United States Assistance.--For purposes of this
section, the term ``United States assistance'' has the
meaning given the term in section 481(e)(4) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
report on domestic federal agencies furnishing united states assistance
Sec. 585. (a) In General.--Not later than June 1, 1997, the
Comptroller General of the United States shall study and
report to the Congress on all assistance furnished directly
or indirectly to foreign countries, foreign entities, and
international organizations by domestic Federal agencies and
Federal agencies.
(b) Definitions.--As used in this section:
(1) Domestic federal agency.--The term ``domestic Federal
agency'' means a Federal agency the primary mission of which
is to carry out functions other than foreign affairs,
defense, or national security functions.
(2) Federal agency.--The term ``Federal agency'' has the
meaning given the term in section 551(1) of title 5, United
States Code.
(3) International organization.--The term ``international
organization'' has the meaning given the term in section 1 of
the International Organization Immunities Act (22 U.S.C.
288).
(4) United states assistance.--The term ``United States
assistance'' has the meaning given the term in section
481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(e)(4)).
restrictions on voluntary contributions to united nations agencies
Sec. 586. (a) Prohibition on Voluntary Contributions for
the United Nations.--None of the funds appropriated or
otherwise made available by this Act may be made available to
pay any voluntary contribution of the United States to the
United Nations or any of its specialized agencies (including
the United Nations Development Program) if the United Nations
attempts to implement or impose any taxation or fee on any
United States persons or borrows funds from any international
financial institution.
(b) Certification Required for Disbursement of Funds.--None
of the funds appropriated or otherwise made available under
this Act may be made available to pay any voluntary
contribution of the United States to the United Nations or
any of its specialized agencies (including the United Nations
Development Program) unless the President certifies to the
Congress 15 days in advance of such payment that the United
Nations or such agency, as the case may be, is not engaged
in, and has not been engaged in during the previous fiscal
year, any effort to develop, advocate, promote, or publicize
any proposal concerning taxation or fees on United States
persons in order to raise revenue for the United Nations or
any of its specialized agencies.
(c) Definitions.--As used in this section:
(1) The term ``international financial institution''
includes the African Development Bank, the African
Development Fund, the Asian Development Bank, the European
Bank for Reconstruction and Development, the Inter-American
Development Bank, the International Bank for Reconstruction
and Development, the International Development Association,
the International Finance Corporation, the International
Monetary Fund, and the Multilateral Insurance Guaranty
Agency; and
(2) The term ``United States person'' refers to--
(A) a natural person who is a citizen or national of the
United States; or
(B) a corporation, partnership, or other legal entity
organized under the United States or any State, territory,
possession, or district of the United States.
haiti
Sec. 587. The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), for the civilian-led
Haitian National Police and Coast Guard, except as otherwise
stated in law: Provided, That the authority provided by this
section shall be subject to the regular notification
procedures of the Committees on Appropriations.
trade relations with eastern and central europe.
Sec. 588. (a) Findings.--The Congress makes the following
findings:
(1) The countries of Central and Eastern Europe, including
Poland, Hungary, the Czech Republic, Slovakia, Romania,
Slovenia, Lithuania, Latvia, Estonia, and Bulgaria, are
important to the long-term stability and economic success of
a future Europe freed from the shackles of communism.
(2) The Central and Eastern European countries,
particularly Hungary, Poland, the Czech Republic, Romania,
Slovakia, Slovenia, Latvia, Lithuania, and Estonia, are in
the midst of dramatic reforms to transform their centrally
planned economies into free market economies and to join the
Western community.
(3) It is in the long-term interest of the United States to
encourage and assist the transformation of Central and
Eastern Europe into a free market economy, which is the solid
foundation of democracy, and will contribute to regional
stability and greatly increased opportunities for commerce
with the United States.
(4) Trade with the countries of Central and Eastern Europe
accounts for less than one percent of total United States
trade.
(5) The presence of a market with more than 140,000,000
people, with a growing appetite for consumer goods and
services and badly in need of modern technology and
management, should
[[Page S8960]]
be an important market for United States exports and
investments.
(6) The United States has concluded agreements granting
most-favored-nation status to most of the countries of
Central and Eastern Europe.
(b) Sense of the Congress.--It is the sense of the Congress
that the President should take steps to promote more open,
fair, and free trade between the United States and the
countries of Central Europe, including Poland, Hungary, the
Czech Republic, Slovakia, Lithuania, Latvia, Estonia,
Romania, and Slovenia, including--
(1) developing closer commercial contacts;
(2) the mutual elimination of tariff and nontariff
discriminatory barriers in trade with these countries;
(3) exploring the possibility of framework agreements that
would lead to a free trade agreement;
(4) negotiating bilateral investment treaties;
(5) stimulating increased United States exports and
investments to the region;
(6) obtaining further liberalization of investment
regulations and protection against nationalization in these
foreign countries; and
(7) establishing fair and expeditious dispute settlement
procedures.
limitation on foreign sovereign immunity
Sec. 589. (a) In General.--Section 1605(a)(7) of title 28,
United States Code, is amended to read as follows:
``(7) in which money damages are sought against a foreign
state for personal injury or death caused by an act of
torture, extrajudicial killing, aircraft sabotage, hostage
taking, or the provision of material support or resources (as
defined in section 2339A of title 18) for such an act, if--
``(A) such act or provision of material support was engaged
in by an official, employee, or agent of such foreign state
while acting within the scope of his or her office,
employment, or agency;
``(B) the foreign state against whom the claim was
brought--
``(i) was designated as a state sponsor of terrorism under
section 6(j) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)) or section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371) at the time the act
occurred or was later so designated as a result of such act;
or
``(ii) had no treaty of extradition with the United States
at the time the act occurred and no adequate and available
remedies exist either in such state or in the place in which
the act occurred;
``(C) the claimant has afforded the foreign state a
reasonable opportunity to arbitrate the claim in accordance
with accepted international rules of arbitration; and
``(D) the claimant or victim was a national of the United
States (as that term is defined in section 101(a)(22) of the
Immigration and Nationality Act) when the act upon which the
claim is based occurred.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to actions brought in United States
courts on or after the date of enactment of this Act.
sense of congress regarding croatia
Sec. 590. (a) Findings.--The Congress makes the following
findings:
(1) Croatia has politically and financially contributed to
the NATO peacekeeping operations in Bosnia;
(2) The economic stability and security of Croatia is
important to the stability of South Central Europe; and
(3) Croatia is in the process of joining the Partnership
for Peace.
(b) Sense of Congress.--It is the Sense of Congress that:
(1) Croatia should be recognized and commended for its
contributions to NATO and the various peacekeeping efforts in
Bosnia;
(2) The United States should support the active
participation of Croatia in activities appropriate for
qualifying for NATO membership, provided Croatia continues to
adhere fully to the Dayton Peace Accords and continues to
make progress toward establishing democratic institutions, a
free market, and the rule of law.
romania's progress toward nato membership
Sec. 591. (a) Findings.--The Congress makes the following
findings:
(1) Romania emerged from years of brutal Communist
dictatorship in 1989 and approved a new Constitution and
elected a Parliament by 1991, laying the foundation for a
modern parliamentary democracy charged with guaranteeing
fundamental human rights, freedom of expression, and respect
for private property;
(2) Local elections, parliamentary elections, and
presidential elections have been held in Romania, with 1996
marking the second nationwide presidential elections under
the new Constitution;
(3) Romania was the first former Eastern bloc country to
join NATO's Partnership for Peace program and has hosted
Partnership for Peace military exercises on its soil;
(4) Romania is the second largest country in terms of size
and population in Central Europe and as such is strategically
significant;
(5) Romania formally applied for NATO membership in April
of 1996 and has begun an individualized dialogue with NATO on
its membership application; and
(6) Romania has contributed to the peace and reconstruction
efforts in Bosnia by participating in the Implementation
Force (IFOR).
(b) Sense of the Congress.--Therefore, it is the sense of
the Congress that:
(1) Romania is making significant progress toward
establishing democratic institutions, a free market economy,
civilian control of the armed forces and the rule of law;
(2) Romania is making important progress toward meeting the
criteria for accession into NATO;
(3) Romania deserves commendation for its clear desire to
stand with the West in NATO, as evidenced by its early entry
into the Partnership for Peace, its formal application for
NATO membership, and its participation in IFOR;
(4) Romania should be evaluated for membership in the NATO
Participation Act's transition assistance program at the
earliest opportunity; and
(5) The United States should work closely with Romania and
other countries working toward NATO membership to ensure that
every opportunity is provided.
sense of congress regarding expansion of eligibility for holocaust
survivor compensation by the government of germany
Sec. 592. (a) Findings.--The Congress makes the following
findings:
(1) After nearly half a century, tens of thousands of
Holocaust survivors continue to be denied justice and
compensation by the Government of Germany.
(2) These people who suffered grievously at the hands of
the Nazis are now victims of unreasonable and arbitrary rules
which keep them outside the framework of the various
compensation programs.
(3) Compensation for these victims has been non-existent
or, at best, woefully inadequate.
(4) The time has come to right this terrible wrong.
(b) Sense of Congress.--The Congress calls upon the
Government of Germany to negotiate in good faith with the
Conference on Jewish Material Claims Against Germany to
broaden the categories of those eligible for compensation so
that the injustice of uncompensated Holocaust survivors may
be corrected before it is too late.
SENSE OF SENATE ON DELIVERY BY CHINA OF CRUISE MISSILES TO IRAN
Sec. 593. (a) Findings.--The Senate makes the following
findings:
(1) On February 22, 1996, the Director of Central
Intelligence informed the Senate that the Government of the
People's Republic of China had delivered cruise missiles to
Iran.
(2) On June 19, 1996, the Under Secretary of State for Arms
Control and International Security Affairs informed Congress
that the Department of State had evidence of Chinese-produced
cruise missiles in Iran.
(3) On at least three occasions in 1996, including July 15,
1996, the Commander of the United States Fifth Fleet has
pointed to the threat posed by Chinese-produced cruise
missiles to the 15,000 United States sailors and marines
stationed in the Persian Gulf region.
(4) Section 1605 of the Iran-Iraq Arms Non-Proliferation
Act of 1992 (title XVI of Public Law 102-484; 50 U.S.C. 1701
note) both requires and authorizes the President to impose
sanctions against any foreign government that delivers cruise
missiles to Iran.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Government of the People's Republic of China should
immediately halt the delivery of cruise missiles and other
advanced conventional weapons to Iran; and
(2) the President should enforce all appropriate United
States laws with respect to the delivery by that government
of cruise missiles to Iran.
SENSE OF SENATE ON DELIVERY BY CHINA OF BALLISTIC MISSILE TECHNOLOGY TO
SYRIA
Sec. 594. (a) Findings.--The Senate makes the following
findings:
(1) Credible information exists indicating that defense
industrial trading companies of the People's Republic of
China may have transferred ballistic missile technology to
Syria.
(2) On October 4, 1994, the Government of the People's
Republic of China entered into a written agreement with the
United States pledging not to export missiles or related
technology that would violate the Missile Technology Control
Regime (MTCR).
(3) Section 73(f) of the Arms Export Control Act (22 U.S.C.
2797b(f)) states that, when determining whether a foreign
person may be subject to United States sanctions for
transferring technology listed on the MTCR Annex, it should
be a rebuttable presumption that such technology is designed
for use in a missile listed on the MTCR Annex if the
President determines that the final destination of the
technology is a country the government of which the Secretary
of State has determined, for purposes of section 6(j)(1)(A)
of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A)), has repeatedly provided support for acts of
international terrorism.
(4) The Secretary of State has determined under the terms
of section 6(j)(1)(A) of the Export Administration Act of
1979 that Syria has repeatedly provided support for acts of
international terrorism.
(5) In 1994 Congress explicitly enacted section 73(f) of
the Arms Export Control Act in order to target the transfer
of ballistic missile technology to terrorist nations.
(6) The presence of ballistic missiles in Syria would pose
a threat to United States Armed Forces and to regional peace
and stability in the Middle East.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) it is in the national security interests of the United
States and the State of Israel to prevent the spread of
ballistic missiles and related technology to Syria;
(2) the Government of the People's Republic of China should
continue to honor its agreement with the United States not to
export missiles or related technology that would violate the
Missile Technology Control Regime; and
(3) the President should exercise all legal authority
available to the President to prevent the spread of ballistic
missiles and related technology to Syria.
[[Page S8961]]
REFUGEE STATUS FOR ADULT CHILDREN OF FORMER VIETNAMESE REEDUCATION CAMP
INTERNEES RESETTLED UNDER THE ORDERLY DEPARTURE PROGRAM
Sec. 595. (a) Eligibility for Orderly Departure Program.--
For purposes of eligibility for the Orderly Departure Program
for nationals of Vietnam, an alien described in subsection
(b) shall be considered to be a refugee of special
humanitarian concern to the United States within the meaning
of section 207 of the Immigration and Nationality Act (8
U.S.C. 1157) and shall be admitted to the United States for
resettlement if the alien would be admissible as an immigrant
under the Immigration and Nationality Act (except as provided
in section 207(c)(3) of that Act).
(b) Aliens Covered.--An alien described in this subsection
is an alien who--
(1) is the son or daughter of a national of Vietnam who--
(A) was formerly interned in a reeducation camp in Vietnam
by the Government of the Socialist Republic of Vietnam; and
(B) has been accepted for resettlement as a refugee under
the Orderly Departure Program on or after April 1, 1995;
(2) is 21 years of age or older; and
(3) was unmarried as of the date of acceptance of the
alien's parent for resettlement under the Orderly Departure
Program.
(c) Supersedes Existing Law.--This section supersedes any
other provision of law.
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
Sec. 596. Ninety days after the date of enactment of this
Act, and every 180 days thereafter, the Secretary of State,
in consultation with the Secretary of Defense, shall provide
a report in a classified or unclassified form to the
Committee on Appropriations including the following
information:
(a) a best estimate on fuel used by the military forces of
the Democratic People's Republic of Korea (DPRK);
(b) the deployment position and military training and
activities of the DPRK forces and best estimate of the
associated costs of these activities;
(c) steps taken to reduce the DPRK level of forces; and
(d) cooperation, training, or exchanges of information,
technology or personnel between the DPRK and any other nation
supporting the development or deployment of a ballistic
missile capability.
PROSECUTION OF MAJOR DRUG TRAFFICKERS RESIDING IN MEXICO
Sec. 597. (a) Report.--(1) Not later than 30 days after the
date of enactment of this Act, the Administrator of the Drug
Enforcement Administration shall submit a report to the
President--
(A) identifying the 10 individuals who are indicted in the
United States for unlawful trafficking or production of
controlled substances most sought by United States law
enforcement officials and who there is reason to believe
reside in Mexico; and
(B) identifying 25 individuals not named under paragraph
(1) who have been indicted for such offenses and who there is
reason to believe reside in Mexico.
(2) The President shall promptly transmit to the Government
of Mexico a copy of the report submitted under paragraph (1).
(b) Prohibition.--
(1) In general.--None of the funds appropriated under the
heading ``International Military Education and Training'' may
be made available for any program, project, or activity for
Mexico.
(2) Exception.--Paragraph (1) shall not apply if, not later
than 6 months after the date of enactment of this Act, the
President certifies to Congress that--
(A) the Government of Mexico has extradited to the United
States the individuals named pursuant to subsection (a)(1);
or
(B) the Government of Mexico has apprehended and begun
prosecution of the individuals named pursuant to subsection
(a)(1).
(c) Waiver.--Subsection (b) shall not apply if the
President of Mexico certifies to the President of the United
States that--
(1) the Government of Mexico made intensive, good faith
efforts to apprehend the individuals named pursuant to
subsection (a)(1) but did not find one or more of the
individuals within Mexico; and
(2) the Government of Mexico has apprehended and extradited
or apprehended and prosecuted 3 individuals named pursuant to
subsection (a)(2) for each individual not found under
paragraph (1).
DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC ASSISTANCE FUNDS
Sec. 598. Chapter 3 of part III of the Foreign Assistance
Act of 1961 (22 U.S.C. 2401 et seq.) is amended by adding at
the end the following:
``SEC. 668. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC
ASSISTANCE FUNDS.
``(a) Requirement to Deobligate.--
``(1) In general.--Except as provided in subsection (b) of
this section and in paragraphs (1) and (3) of section 617(a)
of this Act, at the beginning of each fiscal year the
President shall deobligate and return to the Treasury any
funds described in paragraph (2) that, as of the end of the
preceding fiscal year, have been obligated for a project or
activity for a period of more than 4 years but have not been
expended.
``(2) Funds.--Paragraph (1) applies to funds made available
for--
``(A) assistance under chapter 1 of part I of this Act
(relating to development assistance), chapter 10 of part I of
this Act (relating to the Development Fund for Africa), or
chapter 4 of part II of this Act (relating to the economic
support fund);
``(B) assistance under the Support for East European
Democracy (SEED) Act of 1989; and
``(C) economic assistance for the independent states of the
former Soviet Union under chapter 11 of part I of this Act or
under any other provision of law authorizing economic
assistance for such independent states.
``(b) Exceptions.--The President, on a case-by-case basis,
may waive the requirement of subsection (a)(1) if the
President determines and reports to the Congress that it is
in the national interest to do so.
``(c) Appropriate Congressional Committees.--As used in
this section, the term `appropriate congressional committees'
means the Committee on International Relations and the
Committee on Appropriations of the House of Representatives
and the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.''.
sense of senate regarding the government of burundi
Sec. 599. (a) The Senate finds that:
(1) The political situation in the African nation of
Burundi has deteriorated and there are reports of a military
coup against the elected Government of Burundi.
(2) The continuing ethnic conflict in Burundi has caused
untold suffering among the people of Burundi and has resulted
in the deaths of over 150,000 people in the past two years.
(3) The attempt to overthrow the Government of Burundi
makes the possibility of an increase in the tension and the
continued slaughter of innocent civilians more likely.
(4) The United States and the International Community have
an interest in ending the crisis in Burundi before it reaches
the level of violence that occurred in Rwanda in 1994 when
over 800,000 people died in the war between the Hutu and the
Tutsi tribes.
(b) Now, therefore it is the sense of the Senate that:
(1) The United States Senate condemns any violent action
intended to overthrow the Government of Burundi.
(2) Calls on all parties to the conflict in Burundi to
exercise restraint in an effort to restore peace.
(3) Urges the Administration to continue diplomatic efforts
at the highest level to find a peaceful resolution to the
crisis in Burundi.
sense of the senate regarding environmental impact assessments
Sec. 599A. (a) Findings.--Congress finds that--
(1) Environmental Impact Assessments as a national
instrument are undertaken for proposed activities that are
likely to have a significant adverse impact on the
environment and are subject to a decision of a competent
national authority;
(2) in 1978 the Senate adopted Senate Resolution 49,
calling on the United States Government to seek the agreement
of other governments to a proposed global treaty requiring
the preparation of Environmental Impact Assessments for any
major project, action, or continuing activity that may be
reasonably expected to have a significant adverse effect on
the physical environment or environmental interests of
another nation or a global commons area;
(3) subsequent to the adoption of Senate Resolution 49 in
1978, the United Nations Environment Programme Governing
Council adopted Goals and Principles on Environmental Impact
Assessment calling on governments to undertake comprehensive
Environmental Impact Assessments in cases in which the
extent, nature, or location of a proposed activity is such
that the activity is likely to significantly affect the
environment; and
(4) on October 7, 1992, the Senate gave its advice and
consent to the Protocol on Environmental Protection to the
Antarctic Treaty, which obligates parties to the Antarctic
Treaty to require Environmental Impact Assessment procedures
for proposed activities in Antarctica.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the United States Government should encourage the
governments of other nations to engage in additional regional
treaties regarding specific transboundary activities that
have adverse impacts on the environment of other nations or a
global commons area; and
(2) such additional regional treaties should ensure that
specific transboundary activities are undertaken in
environmentally sound ways and under careful controls
designed to avoid or minimize any adverse environmental
effects, through requirements for Environmental Impact
Assessments where appropriate.
INTERNATIONAL CRIMINAL TRIBUNAL
Sec. 599B. Findings.--
(1) The United Nations, recognizing the need for justice in
the former Yugoslavia, established the International Criminal
Tribunal for the former Yugoslavia (hereafter in this
resolution referred to as the ``International Criminal
Tribunal'');
(2) United Nations Security Council Resolution 827 of May
25, 1993, requires states to cooperate fully with the
International Criminal Tribunal;
(3) The parties to the General Framework Agreement for
Peace in Bosnia and Herzegovina and associated Annexes (in
this resolution referred to as the ``Peace Agreement'')
negotiated in Dayton, Ohio and signed in Paris, France, on
December 14, 1995, accepted, in Article IX, the obligation
``to cooperate in the investigation and prosecution of war
crimes and other violations of international humanitarian
law'';
(4) The Constitution of Bosnia and Herzegovina, agreed to
as Annex 4 of the Peace Agreement, provides, in Article IX,
that ``No person who is serving a sentence imposed by the
International Tribunal for the former Yugoslavia, and no
person who is under indictment by the Tribunal and who has
failed to comply with an order to appear before the Tribunal,
may stand as a candidate or hold any appointive, elective, or
other public office in Bosnia and Herzegovina'';
(5) The International Criminal Tribunal has issued 57
indictments against individuals from
[[Page S8962]]
all parties to the conflicts in the former Yugoslavia;
(6) The International Criminal Tribunal continues to
investigate gross violations of international law in the
former Yugoslavia with a view to further indictments against
the perpetrators;
(7) On July 25, 1995, the International Criminal Tribunal
issued an indictment for Radovan Karadzic, president of the
Bosnian Serb administration of Pale, and Ratko Mladic,
commander of the Bosnian Serb administration and charged them
with genocide and crimes against humanity, violations of the
law or customs of war, and grave breaches of the Geneva
Conventions of 1949, arising from atrocities perpetrated
against the civilian population throughout Bosnia-
Herzegovina, for the sniping campaign against civilians in
Sarajevo, and for the taking of United Nations peacekeepers
as hostages and for their use as human shields;
(8) On November 16, 1995, Karadzic and Mladic were indicted
a second time by the International Criminal Tribunal, charged
with genocide for the killing of up to 6,000 Muslims in
Srebrenica, Bosnia, in July 1995;
(9) The United Nations Security Council, in adopting
Resolution 1022 on November 22, 1995, decided that economic
sanctions on the Federal Republic of Yugoslavia (Serbia and
Montenegro) and the so-called Republika Srpska would be
reimposed if, at any time, the High Representative or the
IFOR commander informs the Security Council that the Federal
Republic of Yugoslavia or the Bosnian Serb authorities are
failing significantly to meet their obligations under the
Peace Agreement;
(10) The so-called Republika Srpska and the Federal
Republic of Yugoslavia (Serbia and Montenegro) have failed to
arrest and turn over for prosecution indicted war criminals,
including Karadzic and Mladic;
(11) Efforts to politically isolate Karadzic and Mladic
have failed thus far and would in any case be insufficient to
comply with the Peace Agreement and bring peace with justice
to Bosnia and Herzegovina;
(12) The International Criminal Tribunal issued
international warrants for the arrest of Karadzic and Mladic
on July 11, 1996.
(13) In the so-called Republika Srpska freedom of the press
and freedom of assembly are severely limited and violence
against ethnic and religious minorities and opposition
figures is on the rise;
(14) It will be difficult for national elections in Bosnia
and Herzegovina to take place meaningfully so long as key war
criminals, including Karadzic and Mladic, remain at large and
able to influence political and military developments;
(15) On June 6, 1996, the President of the International
Criminal Tribunal, declaring that the Federal Republic of
Yugoslavia's failure to extradite indicted war criminals is a
blatant violation of the Peace Agreement and of United
Nations Security Council Resolutions, called on the High
Representative to reimpose economic sanctions on the so-
called Republika Srpska and on the Federal Republic of
Yugoslavia (Serbia and Montenegro); and
(16) The apprehension and prosecution of indicted war
criminals is essential for peace and reconciliation to be
achieved and democracy to be established throughout Bosnia
and Herzegovina.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Senate finds that the International Criminal
Tribunal for the former Yugoslavia merits continued and
increased United States support for its efforts to
investigate and bring to justice the perpetrators of gross
violations of international law in the former Yugoslavia;
(2) the President of the United States should support the
request of the President of the International Criminal
Tribunal for the former Yugoslavia for the High
Representative to reimpose full economic sanctions on the
Federal Republic of Yugoslavia (Serbia and Montenegro) and
the so-called Republika Srpska, in accordance with United
Nations Security Council Resolution 1022 (1995), until the
Federal Republic of Yugoslavia (Serbia and Montenegro) and
Bosnian Serb authorities have complied with their obligations
under the Peace Agreement and United Nations Security Council
Resolutions to cooperate fully with the International
Criminal Tribunal;
(3) the NATO-led Implementation Force (IFOR), in carrying
out its mandate, should make it an urgent priority to detain
and bring to justice persons indicted by the International
Criminal Tribunal; and
(4) states in the former Yugoslavia should not be admitted
to international organizations and fora until and unless they
have complied with their obligations under the Peace
Agreement and United Nations Security Council Resolutions to
cooperate fully with the International Criminal Tribunal.
TITLE VI--NATO ENLARGEMENT FACILITATION ACT OF 1996
SEC. 601. SHORT TITLE.
This title may be cited as the ``NATO Enlargement
Facilitation Act of 1996''.
SEC. 602. FINDINGS.
The Congress makes the following findings:
(1) Since 1949, the North Atlantic Treaty Organization
(NATO) has played an essential role in guaranteeing the
security, freedom, and prosperity of the United States and
its partners in the Alliance.
(2) The NATO Alliance is, and has been since its inception,
purely defensive in character, and it poses no threat to any
nation. The enlargement of the NATO Alliance to include as
full and equal members emerging democracies in Central and
Eastern Europe will serve to reinforce stability and security
in Europe by fostering their integration into the structures
which have created and sustained peace in Europe since 1945.
Their admission into NATO will not threaten any nation.
America's security, freedom, and prosperity remain linked to
the security of the countries of Europe.
(3) The sustained commitment of the member countries of
NATO to a mutual defense has made possible the democratic
transformation of Central and Eastern Europe. Members of the
Alliance can and should play a critical role in addressing
the security challenges of the post-Cold War era and in
creating the stable environment needed for those emerging
democracies in Central and Eastern Europe to successfully
complete political and economic transformation.
(4) The United States continues to regard the political
independence and territorial integrity of all emerging
democracies in Central and Eastern Europe as vital to
European peace and security.
(5) The active involvement by the countries of Central and
Eastern Europe has made the Partnership for Peace program an
important forum to foster cooperation between NATO and those
countries seeking NATO membership.
(6) NATO has enlarged its membership on 3 different
occasions since 1949.
(7) Congress supports the admission of qualified new
members to NATO and the European Union at an early date and
has sought to facilitate the admission of qualified new
members into NATO.
(8) As new members of NATO assume the responsibilities of
Alliance membership, the costs of maintaining stability in
Europe should be shared more widely. Facilitation of the
enlargement process will require current members of NATO, and
the United States in particular, to demonstrate the political
will needed to build on successful ongoing programs such as
the Warsaw Initiative and the Partnership for Peace by making
available the resources necessary to supplement efforts
prospective new members are themselves undertaking.
(9) New members will be full members of the Alliance,
enjoying all rights and assuming all the obligations under
the Washington Treaty.
(10) Cooperative regional peacekeeping initiatives
involving emerging democracies in Central and Eastern Europe
that have expressed interest in joining NATO, such as the
Baltic Peacekeeping Battalion, the Polish-Lithuanian Joint
Peacekeeping Force, and the Polish-Ukrainian Peacekeeping
Force, can make an important contribution to European peace
and security and international peacekeeping efforts, can
assist those countries preparing to assume the
responsibilities of possible NATO membership, and accordingly
should receive appropriate support from the United States.
(11) NATO remains the only multilateral security
organization capable of conducting effective military
operations and preserving security and stability of the Euro-
Atlantic region.
(12) NATO is an important diplomatic forum and has played a
positive role in defusing tensions between members of the
Alliance and, as a result, no military action has occurred
between two Alliance member states since the inception of
NATO in 1949.
(13) The admission to NATO of emerging democracies in
Central and Eastern Europe which are found to be in a
position to further the principles of the North Atlantic
Treaty would contribute to international peace and enhance
the security of the region. Countries which have become
democracies and established market economies, which practice
good neighborly relations, and which have established
effective democratic civilian control over their defense
establishments and attained a degree of interoperability with
NATO, should be evaluated for their potential to further the
principles of the North Atlantic Treaty.
(14) A number of Central and Eastern European countries
have expressed interest in NATO membership, and have taken
concrete steps to demonstrate this commitment, including
their participation in Partnership for Peace activities.
(15) The Caucasus region remains important geographically
and politically to the future security of Central Europe. As
NATO proceeds with the process of enlargement, the United
States and NATO should continue to examine means to
strengthen the sovereignty and enhance the security of United
Nations recognized countries in that region.
(16) In recognition that not all countries which have
requested membership in NATO will necessarily qualify at the
same pace, the accession date for each new member will vary.
(17) The provision of additional NATO transition assistance
should include those emerging democracies most ready for
closer ties with NATO and should be designed to assist other
countries meeting specified criteria of eligibility to move
forward toward eventual NATO membership.
(18) The Congress of the United States finds in particular
that Poland, Hungary, the Czech Republic, and Slovenia have
made significant progress toward achieving the stated
criteria and should be eligible for the additional assistance
described in this Act.
(19) The evaluation of future membership in NATO for
emerging democracies in Central and Eastern Europe should be
based on the progress of those nations in meeting criteria
for NATO membership, which require enhancement of NATO's
security and the approval of all NATO members.
(20) The process of NATO enlargement entails the agreement
of the governments of all NATO members in accordance with
Article 10 of the Washington Treaty.
(21) Some NATO members, such as Spain and Norway, do not
allow the deployment of nuclear weapons on their territory
although they are accorded the full collective security
guarantees provided by article V of the Washington treaty.
There is no prior requirement for the stationing of nuclear
weapons on the territory of new NATO members, particularly in
the current security climate, however NATO retains the right
to alter its security posture at any time as circumstances
warrant.
[[Page S8963]]
SEC. 603. UNITED STATES POLICY.
It is the policy of the United States--
(1) to join with the NATO allies of the United States to
adapt the role of the NATO Alliance in the post-Cold War
world;
(2) to actively assist the emerging democracies in Central
and Eastern Europe in their transition so that such countries
may eventually qualify for NATO membership; and
(3) to work to define a constructive and cooperative
political and security relationship between an enlarged NATO
and the Russian Federation.
SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT
OF NATO.
It is the sense of the Congress that in order to promote
economic stability and security in Slovakia, Estonia, Latvia,
Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine--
(1) the United States should continue and expand its
support for the full and active participation of these
countries in activities appropriate for qualifying for NATO
membership;
(2) the United States Government should use all diplomatic
means available to press the European Union to admit as soon
as possible any country which qualifies for membership;
(3) the United States Government and the North Atlantic
Treaty Organization should continue and expand their support
for military exercises and peacekeeping initiatives between
and among these nations, nations of the North Atlantic Treaty
Organization, and Russia; and
(4) the process of enlarging NATO to include emerging
democracies in Central and Eastern Europe should not be
limited to consideration of admitting Poland, Hungary, the
Czech Republic, and Slovenia as full members to the NATO
Alliance.
SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA,
AND LITHUANIA.
In view of the forcible incorporation of Estonia, Latvia,
Lithuania into the Soviet Union in 1940 under the Molotov-
Ribbentrop Pact and the refusal of the United States and
other countries to recognize that incorporation for over 50
years, it is the sense of the Congress that--
(1) Estonia, Latvia, and Lithuania have valid historical
security concerns that must be taken into account by the
United States; and
(2) Estonia, Latvia, and Lithuania should not be
disadvantaged in seeking to join NATO by virtue of their
forcible incorporation into the Soviet Union.
SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO
ENLARGEMENT ASSISTANCE.
(a) In General.--The following countries are designated as
eligible to receive assistance under the program established
under section 203(a) of the NATO Participation Act of 1994
and shall be deemed to have been so designated pursuant to
section 203(d) of such Act: Poland, Hungary, the Czech
Republic, and Slovenia.
(b) Designation of Other Countries.--The President shall
designate other emerging democracies in Central and Eastern
Europe as eligible to receive assistance under the program
established under section 203(a) of such Act if such
countries--
(1) have expressed a clear desire to join NATO;
(2) have begun an individualized dialogue with NATO in
preparation for accession;
(3) are strategically significant to an effective NATO
defense; and
(4) meet the other criteria outlined in section 203(d) of
the NATO Participation Act of 1994 (title II of Public Law
103-447; 22 U.S.C. 1928 note).
(c) Rule of Construction.--Subsection (a) does not preclude
the designation by the President of Estonia, Latvia,
Lithuania, Romania, Slovakia, Bulgaria, Albania, Moldova,
Ukraine, or any other emerging democracy in Central and
Eastern Europe pursuant to section 203(d) of the NATO
Participation Act of 1994 as eligible to receive assistance
under the program established under section 203(a) of such
Act.
SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO
ENLARGEMENT ASSISTANCE.
(a) In General.--There are authorized to be appropriated
$60,000,000 for fiscal year 1997 for the program established
under section 203(a) of the NATO Participation Act of 1994.
(b) Availability.--Of the funds authorized to be
appropriated by subsection (a)--
(1) not less than $20,000,000 shall be available for the
subsidy cost, as defined in section 502(5) of the Credit
Reform Act of 1990, of direct loans pursuant to the authority
of section 203(c)(4) of the NATO Participation Act of 1994
(relating to the ``Foreign Military Financing Program'');
(2) not less than $30,000,000 shall be available for
assistance on a grant basis pursuant to the authority of
section 203(c)(4) of the NATO Participation Act of 1994
(relating to the ``Foreign Military Financing Program''); and
(3) not more than $10,000,000 shall be available for
assistance pursuant to the authority of section 203(c)(3) of
the NATO Participation Act of 1994 (relating to international
military education and training).
(c) Rule of Construction.--Amounts authorized to be
appropriated under this section are authorized to be
appropriated in addition to such amounts as otherwise may be
available for such purposes.
SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR
PEACE INFORMATION MANAGEMENT SYSTEM.
(a) In General.--Funds described in subsection (b) are
authorized to be made available to support the implementation
of the Regional Airspace Initiative and the Partnership for
Peace Information Management System, including--
(1) the procurement of items in support of these programs;
and
(2) the transfer of such items to countries participating
in these programs, which may include Poland, Hungary, the
Czech Republic, Slovenia, Slovakia, Estonia, Latvia,
Lithuania, Romania, Bulgaria, Moldova, Ukraine, and Albania.
(b) Funds Described.--Funds described in this subsection
are funds that are available--
(1) during any fiscal year under the NATO Participation Act
of 1994 with respect to countries eligible for assistance
under that Act; or
(2) during fiscal year 1997 under any Act to carry out the
Warsaw Initiative.
SEC. 609. EXCESS DEFENSE ARTICLES.
(a) Priority Delivery.--Notwithstanding any other provision
of law, the provision and delivery of excess defense articles
under the authority of section 203(c) (1) and (2) of the NATO
Participation Act of 1994 and section 516 of the Foreign
Assistance Act of 1961 shall be given priority to the maximum
extent feasible over the provision and delivery of such
excess defense articles to all other countries except those
countries referred to in section 541 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1995 (Public Law 103-306; 108 Stat.
1640).
(b) Cooperative Regional Peacekeeping Initiatives.--The
Congress encourages the President to provide excess defense
articles and other appropriate assistance to cooperative
regional peacekeeping initiatives involving emerging
democracies in Central and Eastern Europe that have expressed
an interest in joining NATO in order to enhance their ability
to contribute to European peace and security and
international peacekeeping efforts.
SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.
The Congress endorses efforts by the United States to
modernize the defense capability of Poland, Hungary, the
Czech Republic, Slovenia, and any other countries designated
by the President pursuant to section 203(d) of the NATO
Participation Act of 1994, by exploring with such countries
options for the sale or lease to such countries of weapons
systems compatible with those used by NATO members, including
air defense systems, advanced fighter aircraft, and
telecommunications infrastructure.
SEC. 611. TERMINATION OF ELIGIBILITY.
Section 203(f) of the NATO Participation Act of 1994 (title
II of Public Law 103-447; 22 U.S.C. 1928 note) is amended to
read as follows:
``(f) Termination of Eligibility.--(1) The eligibility of a
country designated under subsection (d) for the program
established in subsection (a) shall terminate 30 days after
the President makes a certification under paragraph (2)
unless, within the 30-day period, the Congress enacts a joint
resolution disapproving the termination of eligibility.
``(2) Whenever the President determines that the government
of a country designated under subsection (d)--
``(A) no longer meets the criteria set forth in subsection
(d)(2)(A);
``(B) is hostile to the NATO Alliance; or
``(C) poses a national security threat to the United
States,
then the President shall so certify to the appropriate
congressional committees.
``(3) Nothing in this title affects the eligibility of
countries to participate under other provisions of law in
programs described in this Act.''.
SEC. 612. AMENDMENTS TO THE NATO PARTICIPATION ACT.
(a) Conforming Amendment.--The NATO Participation Act of
1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) is
amended in sections 203(a), 203(d)(1), and 203(d)(2) by
striking ``countries emerging from communist domination''
each place it appears and inserting ``emerging democracies in
Central and Eastern Europe''.
(b) Definitions.--The NATO Participation Act of 1994 (title
II of Public Law 103-446; 22 U.S.C. 1928 note) is amended by
adding at the end the following new section:
``SEC. 206. DEFINITIONS.
``The term `emerging democracies in Central and Eastern
Europe' includes, but is not limited to, Albania, Bulgaria,
the Czech Republic, Estonia, Hungary, Latvia, Lithuania,
Moldova, Poland, Romania, Slovakia, Slovenia, and Ukraine.''.
SEC. 613. DEFINITIONS.
As used in this title:
(1) Emerging democracies in central and eastern europe.--
The term ``emerging democracies in Central and Eastern
Europe'' includes, but is not limited to, Albania, Bulgaria,
the Czech Republic, Estonia, Hungary, Latvia, Lithuania,
Moldova, Poland, Romania, Slovakia, Slovenia, and Ukraine.
(2) NATO.--The term ``NATO'' means the North Atlantic
Treaty Organization.
TITLE VII--MIDDLE EAST DEVELOPMENT BANK
SEC. 701. SHORT TITLE.
This title may be cited as the ``Bank for Economic
Cooperation and Development in the Middle East and North
Africa Act''.
SEC. 702. ACCEPTANCE OF MEMBERSHIP.
The President is hereby authorized to accept membership for
the United States in the Bank for Economic Cooperation and
Development in the Middle East and North Africa (in this
title referred to as the ``Bank'') provided for by the
agreement establishing the Bank (in this title referred to as
the ``Agreement''), signed on May 31, 1996.
SEC. 703. GOVERNOR AND ALTERNATE GOVERNOR.
(a) Appointment.--At the inaugural meeting of the Board of
Governors of the Bank, the Governor and the alternate for the
Governor of the International Bank for Reconstruction and
Development, appointed pursuant to section 3 of the Bretton
Woods Agreements Act, shall serve ex-officio as a Governor
and the alternate for
[[Page S8964]]
the Governor, respectively, of the Bank. The President, by
and with the advice and consent of the Senate, shall appoint
a Governor of the Bank and an alternate for the Governor.
(b) Compensation.--Any person who serves as a governor of
the Bank or as an alternate for the Governor may not receive
any salary or other compensation from the United States by
reason of such service.
SEC. 704. APPLICABILITY OF CERTAIN PROVISIONS OF THE BRETTON
WOODS AGREEMENTS ACT.
Section 4 of the Bretton Woods Agreements Act shall apply
to the Bank in the same manner in which such section applies
to the International Bank for Reconstruction and Development
and the International Monetary Fund.
SEC. 705. FEDERAL RESERVE BANKS AS DEPOSITORIES.
Any Federal Reserve Bank which is requested to do so by the
Bank may act as its depository, or as its fiscal agent, and
the Board of Governors of the Federal Reserve System shall
exercise general supervision over the carrying out of these
functions.
SEC. 706. SUBSCRIPTION OF STOCK.
(a) Subscription Authority.--
(1) In general.--The Secretary of the Treasury may
subscribe on behalf of the United States to not more than
7,011,270 shares of the capital stock of the Bank.
(2) Effectiveness of subscription commitment.--Any
commitment to make such subscription shall be effective only
to such extent or in such amounts as are provided for in
advance by appropriations Acts.
(b) Limitations on Authorization of Appropriations.--For
payment by the Secretary of the Treasury of the subscription
of the United States for shares described in subsection (a),
there are authorized to be appropriated $1,050,007,800
without fiscal year limitation.
(c) Limitations on Obligation of Appropriated Amounts for
Shares of Capital Stock.--
(1) Paid-in capital stock.--
(A) In general.--Not more than $105,000,000 of the amounts
appropriated pursuant to subsection (b) may be obligated for
subscription to shares of paid-in capital stock.
(B) Fiscal year 1997.--Not more than $52,500,000 of the
amounts appropriated pursuant to subsection (b) for fiscal
year 1997 may be obligated for subscription to shares of
paid-in capital stock.
(2) Callable capital stock.--Not more than $787,505,852 of
the amounts appropriated pursuant to subsection (b) may be
obligated for subscription to shares of callable capital
stock.
(d) Disposition of Net Income Distributions by the Bank.--
Any payment made to the United States by the Bank as a
distribution of net income shall be covered into the Treasury
as a miscellaneous receipt.
SEC. 707. JURISDICTION AND VENUE OF CIVIL ACTIONS BY OR
AGAINST THE BANK.
(a) Jurisdiction.--The United States district courts shall
have original and exclusive jurisdiction of any civil action
brought in the United States by or against the Bank.
(b) Venue.--For purposes of section 1391(b) of title 28,
United States Code, the Bank shall be deemed to be a resident
of the judicial district in which the principal office of the
Bank in the United States, or its agent appointed for the
purpose of accepting service or notice of service, is
located.
SEC. 708. EFFECTIVENESS OF AGREEMENT.
The Agreement shall have full force and effect in the
United States, its territories and possessions, and the
Commonwealth of Puerto Rico, upon acceptance of membership by
the United States in the Bank and the entry into force of the
Agreement.
SEC. 709. EXEMPTION FROM SECURITIES LAWS FOR CERTAIN
SECURITIES ISSUED BY THE BANK; REPORTS
REQUIRED.
(a) Exemption from Securities Laws; Reports to Securities
and Exchange Commission.--Any securities issued by the Bank
(including any guaranty by the Bank, whether or not limited
in scope) in connection with borrowing of funds, or the
guarantee of securities as to both principal and interest,
shall be deemed to be exempted securities within the meaning
of section 3(a)(2) of the Securities Act of 1933 and section
3(a)(12) of the Securities Exchange Act of 1934. The Bank
shall file with the Securities and Exchange Commission such
annual and other reports with regard to such securities as
the Commission shall determine to be appropriate in view of
the special character of the Bank and its operations and
necessary in the public interest or for the protection of
investors.
(b) Authority of Securities and Exchange Commission to
Suspend Exemption; Reports to the Congress.--The Securities
and Exchange Commission, acting in consultation with such
agency or officer as the President shall designate, may
suspend the provisions of subsection (a) at any time as to
any or all securities issued or guaranteed by the Bank during
the period of such suspension. The Commission shall include
in its annual reports to the Congress such information as it
shall deem advisable with regard to the operations and effect
of this section.
SEC. 710. TECHNICAL AMENDMENTS.
(a) Annual Report Required on Participation of the United
States in the Bank.--Section 1701 (c)(2) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(2)) is amended
by inserting ``Bank for Economic Cooperation and Development
in the Middle East and North Africa,'' after ``Inter-American
Development Bank''.
(b) Exemption From Limitations and Restrictions on Power of
National, Banking Associations To Deal in and Underwrite
Investment Securities of the Bank.--The seventh sentence of
paragraph 7 of section 5136 of the Revised Statutes of the
United States (12 U.S.C. 24) is amended by inserting ``Bank
for Economic Cooperation and Development in the Middle East
and North Africa,'' after ``the Inter-American Development
Bank''.
(c) Benefits for United States Citizen-Representatives to
the Bank.--Section 51 of Public Law 91-599 (22 U.S.C. 276c-2)
is amended by inserting ``the Bank for Economic Cooperation
and Development in the Middle East and North Africa,'' after
``the Inter-American Development Bank,''.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997''.
Mr. McCONNELL. Mr. President, I move to reconsider the vote by which
the bill, as amended, was passed.
Mr. INOUYE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. McCONNELL. Mr. President, I move that the Senate insist on its
amendment, request a conference with the House on the disagreeing
votes, and the Chair be authorized to appoint conferees on the part of
the Senate.
The motion was agreed to, and the Presiding Officer (Mr. Coverdell)
appointed Mr. McConnell, Mr. Specter, Mr. Mack, Mr. Jeffords, Mr.
Gregg, Mr. Shelby, Mr. Bennett, Mr. Hatfield, Mr. Leahy, Mr. Inouye,
Mr. Lautenberg, Mr. Harkin, Ms. Mikulski, Mrs. Murray, and Mr. Byrd
conferees on the part of the Senate.
Mr. McCONNELL. Mr. President, let me take a couple of minutes. I will
take my 2 minutes now.
Mr. President, I think the bill we just passed by an overwhelming
vote serves U.S. vital interests. The Camp David Accord commitments are
in the bill. There is full funding for the NIS. The New Independent
States of the former Soviet Union are earmarked for Ukraine, Armenia,
and Georgia, and there is a significant commitment to nuclear safety
improvements in Ukraine. As a result of the amendment of the occupant
of the Chair, there is full funding for our narcotics effort. NATO
expansion--we are taking further steps down the road to NATO expansion
not only with the provisions in the underlying bill but also with the
amendment of Senator Brown last night which designated Poland, Hungary,
and the Czech Republic eligible for $50 million, the transition fund
which is part of the underlying original bill. So I think it is an
important step in the right direction.
I thank in particular my long-time assistant Robin Cleveland for her
outstanding work on this piece of legislation, and Jim Bond from the
Appropriations Committee who always does an excellent job, and also Tim
Rieser of the minority staff, who we always enjoy working with, and
certainly my friend and colleague Pat Leahy who it is a pleasure to
work with. I have enjoyed our association on this kind of legislation
over the last few years, and I look forward to working with him in the
future on it.
Mr. President, I yield the floor.
Mr. LEAHY addressed the Chair.
The PRESIDING OFFICER. The Chair recognizes the Senator from Vermont.
Mr. LEAHY. Mr. President, I congratulate the distinguished chairman
in getting the foreign operations bill through in record-setting time.
For the last few years, even though we have had to work without an
authorizing bill, we have moved this bill through each year in record
time. I appreciate the fact that he has had a strong commitment to our
responsibilities worldwide.
I worry that at a time--as I said earlier, when it is so easy to get
the quick applause lines back home for Members of Congress--when they
say, ``Well, by gosh. I will never send money to foreign countries,''
or, ``We are only going to spend it here at home,'' that really what
they are saying is that we are not going to develop our export markets
worldwide; we are not going to help establish democracy so we do not
have to send our men and women into harm's way to protect American
interests when democracy fails; and that we as the most wealthy nation
history has never known we are not going to carry out our moral
responsibility to help those who are less fortunate.
I think next year the President, whoever that may be, and the leaders
of this committee and the House committee, the leaders of the Senate
and the House, whoever they may be, ought to sit down and honestly face
the whole question of what our foreign assistance programs should
consist of as we enter the next century.
[[Page S8965]]
Senator McConnell has taken a very progressive attitude as he always
has on this. Many others want to make it a political kickball. I hope
after the elections that enough people in both parties would sit down
to form a bipartisan consensus, which is always the best way to develop
foreign policy, and determine how we should spend our money.
It should not escape the notice of Members that over a dozen
countries spend a larger percentage of their budget on foreign aid and
foreign policy than we do. Many of these countries face difficult
budgetary problems as we do. Some actually spend more dollars; Japan,
for example. Some of these countries do it out of altruism but most do
not. Most of them do it out of hard-eyed realism. They know that the
money they spend is helping to create jobs and, frankly, Mr. President,
I would expect that there are those in a country like Japan which
relies heavily on exports who are delighted to see the United States
withdrawing from the world stage because they know what is going to
happen. But the reality is that it is in everyone's interest, both ours
and our allies, for the United States, the world's oldest democracy,
the world's strongest military power, and the world's largest economy,
to remain actively engaged.
It is the American workers who will be laid off because exports
decline. It will be Americans who will be a greater burden on their
Government because the jobs leave our shores. Our competitors will
increase their foreign markets because they have taken an interest in
foreign aid and they have created jobs in the developing countries--in
Asia, Latin America, and we are seeing the beginnings of a potentially
huge market in Africa. Our markets in Europe and the First World are
very saturated. If we are going to expand out exports, it is going to
be in the Third World, where 95 percent of new births are occurring.
So that is the nonaltruistic argument. If we want to look at just
dollars and cents, I hope that those who go home and make the great
speeches and get the applause for cutting foreign aid will also at the
same time say, oh, and by the way, that plant that once exported
tractors that just closed and those 500 workers who are without jobs, I
helped that, too. I helped close that plant. I helped shut off our
access to markets worldwide, because that is really what they do.
Then ultimately we should ask ourselves the moral question. We in
this country spend a few pennies per capita in some of the poorest
parts of the world such as sub-Saharan Africa, a few pennies per capita
even though we are the wealthiest nation on Earth. We are less than 5
percent of the world's population, but we use a quarter of the world's
resources. We have a moral responsibility. In this bill, when we cut
everything from UNICEF to assistance for refugees, we should ask
ourselves: what do we stand for? Are we really living up to our
responsibility to help ease the suffering of the billion or more people
who go hungry every day?
As appropriators we have done the very best we could with the
resources and the allocation we had. We have really tried to be
responsible in all of these areas. But sooner or later, we are going to
have to sit down and ask, can we year after year continue to cut these
programs? Not if we expect to preserve or influence in the world as a
protector of democracy and human rights, not if we expect to see our
economy grow, not if we expect to alleviate some of the misery in the
world.
With that, Mr. President, I will yield, but I do thank not only my
distinguished colleague from Kentucky but also Robin Cleveland, who he
mentioned and whose willingness to work in a bipartisan way with my
staff was very appreciated, and Jim Bond, the clerk of the Foreign
Operations Subcommittee, who I have worked with now for 22 years in the
Senate and for whom I have great respect and appreciation. I also want
to mention Juanita Rilling of the Committee staff, who has been an
especially strong voice for protecting programs that benefit needy
women and children; Anne Bordonaro, a Vermont intern from South
Burlington who has been assisting the Foreign Operations Subcommittee
this summer, and Emelie East, who is a member of the Appropriations
Committee staff and manages the affairs of four different
subcommittees; and the man who does the work of 20, Tim Rieser, who has
worked on everything from the landmine ban to trying to make sure that
we are responsible in what we do. Tim, who does the work on our side of
the authorizing and appropriating committees, and does it on 20-hour
days, deserves credit and our thanks. He is typical of many on our
Senate staffs on both sides who are the unsung heroes who make this
place work. I also want to thank several other staff members on our
side who helped along the way, including Dick D'Amato of the
Appropriations Committee staff whose expertise in trade issues was very
helpful, and who worked hard to ensure that humanitarian assistance can
get to needly people in Azerbaijan. Diana Olbaum of the Foreign
Relations Committee staff was as always a great help, as was Janice
O'Connell, and Sheila Murphy of the majority leader's office.
I see the distinguished majority leader on the floor, and I yield the
floor.
The PRESIDING OFFICER. The Chair recognizes the majority leader.
Mr. LOTT. Mr. President, I extend my appreciation to the
distinguished Senator from Kentucky [Mr. McConnell], for the
outstanding work he did in managing this bill, and also to the Senator
from Vermont, who is always ready to go to work and do the job. They
indicated they could do it in a reasonable period of time, and while I
like for the subcommittee chairmen to get their bills through in 3
hours or less on the appropriations committees, I think they did an
excellent job. They did take 16 hours and 15 minutes, which is pretty
good considering the long history on foreign operations appropriations
bills. There were 11 rollcall votes.
So the Senate is certainly working and producing results, and I thank
these two Senators and all Senators for their cooperation and their
work in completing the foreign operations appropriations bill.
I might say the Senate now, I believe, has completed action on five
appropriations bills. We are ready to begin on the sixth one. I see the
Senator from New Mexico is ready to go. I understand that the order of
last night provided that the Senate is now to begin consideration of
the energy and water appropriations bill. The managers have indicated
that they would anticipate amendments to be offered to that bill today.
Therefore, I will announce that additional rollcall votes can be
expected today unless an agreement can be reached to limit the
amendments to the energy and water appropriations bill.
Also, it is my intent and hope that a similar agreement can be
reached with respect to the legislative appropriations bill for Monday,
thereby allowing all votes to be set at 10 a.m. on Tuesday. So all
Senators are urged to cooperate in formulating that agreement. If we
can do that, we could work today on energy and water, Monday on the
legislative appropriations bill, and then have them both completed with
the votes at 10 a.m. on Tuesday.
I hope all Senators who intend to offer amendments to the energy and
water appropriations bill will do so as early as possible today so that
we can complete action, advise the Members what they can expect on the
bill, and then move on to the remaining appropriations bills.
Mr. President, I yield the floor to the chairman of the energy and
water appropriations bill.
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