H.R. 1868 (104th): Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996

104th Congress, 1995–1996. Text as of Sep 25, 1995 (Public Print).

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HR 1868 PP

104th CONGRESS

1st Session

H. R. 1868

IN THE HOUSE OF REPRESENTATIVES

September 25, 1995

Ordered to be printed with the amendments of the Senate numbered


AN ACT

Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1996, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1996, 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, ( 1 ) [Struck out->] $786,551,000 [<-Struck out] $795,000,000

PROHIBITION ON USE OF FUNDS FOR RELOCATING AID TO FEDERAL TRIANGLE BUILDING

    SEC. 577. Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be used to relocate the Agency for International Development, or any part of that agency, to the Federal Triangle Building in Washington, District of Columbia.

    to remain available until September 30, 1997: 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 2010 for the disbursement of direct loans, loan guarantees, insurance and tied-aid grants obligated in fiscal years 1996 and 1997: Provided further, That up to $100,000,000 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, ( 2 ) [Struck out->] $45,228,000 [<-Struck out] $46,000,000: 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, notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) thereof shall remain in effect until October 1, 1996.

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 ( 3 ) [Struck out->] $35,000 [<-Struck out] $20,000) shall not exceed ( 4 ) [Struck out->] $26,500,000 [<-Struck out] $26,000,000: 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, ( 5 ) [Struck out->] $69,500,000 [<-Struck out] $79,000,000, as authorized by section 234 of the Foreign Assistance Act of 1961 ( 6 ) , to be derived by 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 1996 and 1997: Provided further, That such sums shall remain available through fiscal year 2003 for the disbursement of direct and guaranteed loans obligated in fiscal year 1996, and through fiscal year 2004 for the disbursement of direct and guaranteed loans obligated in fiscal year 1997. 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.

( 7 ) [Struck out->] International Financial Institutions [<-Struck out]

[Struck out->] CONTRIBUTION TO THE INTERNATIONAL FINANCE CORPORATION [<-Struck out]

    [Struck out->] For payment to the International Finance Corporation by the Secretary of the Treasury, $67,550,000, for the United States share of the increase in subscriptions to capital stock, to remain available until expended: Provided, That of the amount appropriated under this heading not more than $5,269,000 may be expended for the purchase of such stock in fiscal year 1996. [<-Struck out]

[Struck out->] CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND [<-Struck out]

    [Struck out->] For payment to the Enterprise for the Americas Multilateral Investment Fund by the Secretary of the Treasury, for the United States contribution to the Fund to be administered by the Inter-American Development Bank, $70,000,000 to remain available until expended. [<-Struck out]

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, 1996, unless otherwise specified herein, as follows:

( 8 ) [Struck out->] Agency for International Development [<-Struck out]

[Struck out->] CHILDREN AND DISEASE PROGRAMS FUND [<-Struck out]

    [Struck out->] For necessary expenses to carry out the provisions of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, for child survival, assistance to combat tropical and other diseases, and related assistance activities, $592,660,000, to remain available until September 30, 1997: Provided, That this amount shall be made available for such activities as (1) immunization programs, (2) oral rehydration programs, (3) health and nutrition programs, and related education programs, which address the needs of mothers and children, (4) water and sanitation programs, (5) assistance for displaced and orphaned children, (6) programs for the prevention, treatment, and control of, and research on, HIV/AIDS, polio, malaria and other diseases, (7) basic education programs, and (8) a contribution on a grant basis to the United Nations Children’s Fund (UNICEF): Provided further, That funds appropriated under this heading shall be in addition to amounts otherwise available for such purposes. [<-Struck out]

( 9 ) [Struck out->] development assistance fund [<-Struck out]

ECONOMIC ASSISTANCE

( 10 ) [Struck out->] (including transfers of funds) [<-Struck out]

    [Struck out->] For necessary expenses to carry out the provisions of sections 103 through 106, of the Foreign Assistance Act of 1961, $655,000,000 [<-Struck out] For necessary expenses to carry out the provisions of sections 103 through 106, chapter 10 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961, and the provisions of title V of the International Security and Development Cooperation Act of 1980 (Public Law 96-533) and provisions of section 401 of the Foreign Assistance Act of 1969, $2,117,099,331, to remain available until September 30, 1997: Provided, ( 11 ) That funds made available under this heading for each of (1) sections 103 through 106, (2) section 104(b), (3) chapter 10 of part I, (4) chapter 4 of part II (exclusive of assistance for Israel and Egypt) of the Foreign Assistance Act of 1961, (5) title V of Public Law 96-533, (6) section 401 of the Foreign Assistance Act of 1969, and (7) for ‘Debt Restructuring’, shall be the same proportion to the total amount appropriated under this heading as the proportion of funds appropriated to carry out each of such provisions was to the total amount appropriated for them in title II of Public Law 103-306, exclusive of assistance to Israel and Egypt: Provided further, That the President shall seek to ensure that the percentage of funds made available under this heading for the activities of private and voluntary organizations and cooperatives is at least equal to the percentage of funds made available pursuant to corresponding authorities in law for the activities of private and voluntary organizations and cooperatives in fiscal year 1995: Provided further, That the use of any authority to waive the requirements of the previous proviso shall be subject to the regular notification requirements of the Committees on Appropriations: Provided further, That of the funds appropriated or otherwise available by this Act for population planning assistance administered by the Agency for International Development, not less than $350,000,000 shall be made available for the central Office of Population of the Agency for International Development in fiscal year 1996, which sum shall be made available to that office: Provided further, 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 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 ( 12 ) : Provided further, That for purposes of this or any other Act authorizing or appropriating funds for foreign operations, export financing, and related programs, the term ‘motivate’, as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options including abortion: 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 ( 13 ) [Struck out->] and under the heading ‘Development Fund for Africa’, [<-Struck out] not to exceed a total of ( 14 ) [Struck out->] $15,000,000 [<-Struck out] $30,000,000 may 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 ( 15 ) : Provided further, That none of the funds made available under this heading may be transferred to the Government of Zaire: Provide further, That not less than $2,000,000 shall be provided to the International Fertilizer Development Center ( 16 ) : Provided further, That not less than $800,000 of the funds made available under this heading shall be made available for support of the United States Telecommunications Training Institute;

( 17 ) [Struck out->] development fund for africa [<-Struck out]

    [Struck out->] For necessary expenses to carry out the provisions of chapter 10 of part I of the Foreign Assistance Act of 1961, $528,000,000, to remain available until September 30, 1997: Provided, That none of the funds appropriated by this Act to carry out chapters 1 and 10 of part I of the Foreign Assistance Act of 1961 shall be transferred to the Government of Zaire: Provided further, That funds appropriated under this heading which are made available for activities supported by the Southern Africa Development Community shall be made available notwithstanding section 512 of this Act and section 620(q) of the Foreign Assistance Act of 1961. [<-Struck out]

( 18 ) cyprus

    Of the funds appropriated under the heading ‘Economic Assistance’, not less than $15,000,000 shall be made available for Cyprus to be used only for scholarships, bicommunal projects, and measures aimed at reunification of the island and designed to reduce tensions and promote peace and cooperation between the two communities on Cyprus.

( 19 ) burma

    Of the funds appropriated under the heading ‘Economic Assistance’, not less than $2,000,000 shall be made available to strengthen democracy and support humanitarian activities in Burma: Provided, That of this amount, not less than $200,000 shall be used to support newspapers, publications and media activities promoting democracy inside Burma: Provided further, That funds made available under this heading may be made available to organizations and Burmese student groups to expand indigenous participation in the political process, transportation, communications, publications, administration, and medical supplies and humanitarian services: Provided further, That funds made available under this heading may be made available to support activities in Burma, along the Burma-Thailand border, and to support activities designated by this Act outside Burma: Provided further, That funds made available under this heading may be made available notwithstanding any other provision of law: Provided further, That provision of such funds shall be made available subject to the regular notification procedures of the Appropriations Committees.

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 ( 20 ) , except that the authority contained in the last sentence of section 123(g) may be exercised by the Administrator with regard to the requirements of this paragraph.

    ( 21 ) [Struck out->] 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. [<-Struck out]

( 22 ) [Struck out->] international disaster assistance [<-Struck out]

    [Struck out->] For necessary expenses for international disaster relief, rehabilitation, and reconstruction assistance pursuant to section 491 of the Foreign Assistance Act of 1961, as amended, $200,000,000 to remain available until expended. [<-Struck out]

DEBT RESTRUCTURING

    ( 23 ) [Struck out->] For [<-Struck out] Of the funds made available under the heading ‘Economic Assistance’, 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, ( 24 ) [Struck out->] owed to the United States as a result of concessional loans made to eligible Latin American and Caribbean countries, pursuant to part IV of the Foreign Assistance Act of 1961, $7,000,000 [<-Struck out] $15,000,000, to remain available until expended.

MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM ACCOUNT

    ( 25 ) [Struck out->] For [<-Struck out] Of the funds made available under the heading ‘Economic Assistance’, 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 ( 26 ) : 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 ( 27 ) : Provided further, That funds made available under this heading shall remain available until September 30, 1997.

HOUSING GUARANTY PROGRAM ACCOUNT

    ( 28 ) [Struck out->] For administrative expenses to carry out guaranteed loan programs, $7,000,000, all of which may be transferred to and merged with the appropriation for Operating Expenses of the Agency for International Development. [<-Struck out]

    Of the funds made available under the heading ‘Economic Assistance’, for the subsidy cost, as defined in section 13201 of the Budget Enforcement Act of 1990, of guaranteed loans authorized by sections 221 and 222 of the Foreign Assistance Act of 1961, $8,000,000: Provided, That these funds are available to subsidize loan principal, 100 percent of which shall be guaranteed, pursuant to the authority of such sections: Provided further, That the President shall enter into commitments to guarantee such loans in the full amount provided under this heading, subject to the availability of qualified applicants for such guarantees: Provided further, That for administrative expenses to carry out guaranteed loan programs, $7,000,000, all of which may be transferred to and merged with the appropriation for Operating Expenses of the Agency for International Development: Provided further, That commitments to guarantee loans under this heading may be entered into notwithstanding the second and third sentences of section 222(a) and, with regard to programs for Eastern Europe and programs for the benefit of South Africans disadvantaged by apartheid, section 223(j) of the Foreign Assistance Act of 1961: Provided further, That none of the funds appropriated under this heading shall be obligated except through the regular notification procedures of the Committees on Appropriations.

( 29 ) international disaster assistance

    For necessary expenses for international disaster relief, rehabilitation, and reconstruction assistance pursuant to section 491 of the Foreign Assistance Act of 1961, as amended, $175,000,000 to remain available until expended: Provided, That of the amount appropriated under this heading, $40,000,000 should be available only for emergency humanitarian assistance to the former Yugoslavia, of which amount not less than $6,000,000 shall be available only for humanitarian assistance to Kosova.

CLARIFICATION OF RESTRICTIONS

    (a) IN GENERAL- Section 620E of the Foreign Assistance Act of 1961 (22 U.S.C. 2375) is amended--

      (1) in subsection (e)--

        (A) by striking the words ‘No assistance’ and inserting the words ‘No military assistance’;

        (B) by striking the words ‘in which assistance is to be furnished or military equipment or technology’ and inserting the words ‘in which military assistance is to be furnished or military equipment or technology’;

        (C) by striking the words ‘the proposed United States assistance’ and inserting the words ‘the proposed United States military assistance’;

        (D) by inserting ‘(1)’ immediately after ‘(e)’; and

        (E) by adding the following new paragraph:

      ‘(2) The prohibitions in this section do not apply to any assistance or transfer provided for the purposes of:

        ‘(A) International narcotics control (including Chapter 8 of Part I of this Act) or any provision of law available for providing assistance for counternarcotics purposes;

        ‘(B) Facilitating military-to-military contact, training (including Chapter 5 of Part II of this Act) and humanitarian and civic assistance projects;

        ‘(C) Peacekeeping and other multilateral operations (including Chapter 6 of Part II of this Act relating to peacekeeping) or any provision of law available for providing assistance for peacekeeping purposes, except that lethal military equipment provided under this subparagraph shall be provided on a lease or loan basis only and shall be returned upon completion of the operation for which it was provided;

        ‘(D) Antiterrorism assistance (including Chapter 8 of Part II of this Act relating to antiterrorism assistance) or any provision of law available for antitorrism assistance purposes.

      ‘(3) The restrictions of this subsection shall continue to apply to contracts for the delivery of F-16 aircraft to Pakistan.

      ‘(4) Notwithstanding the restrictions contained in this subsection, military equipment, technology, or defense services, other than F-16 aircraft, may be transferred to Pakistan pursuant to contracts or cases entered into before October 1, 1990.’; and

      (2) by adding at the end the following new subsections:

    ‘(f) STORAGE COSTS- The President may release the Government of Pakistan of its contractual obligation to pay the United States Government for the storage costs of items purchased prior to October 1, 1990, but not delivered by the United States Government pursuant to subsection (e) and may reimburse the Government of Pakistan for any such amounts paid, on such terms and conditions as the President may prescribe: Provided, That such payments have no budgetary impact.

    ‘(g) INAPPLICABILITY OF RESTRICTIONS TO PREVIOUSLY OWNED ITEMS- Section 620E(e) does not apply to broken, worn or unupgraded items or their equivalent which Pakistan paid for and took possession of prior to October 1, 1990 and which the Government of Pakistan sent to the United States for repair or upgrade. Such equipment or its equivalent may be returned to the Government of Pakistan: Provided, That the President determines and so certifies to the appropriate congressional committees that such equipment or equivalent neither constitutes nor has received any significant qualitative upgrade since being transferred to the United States and that its total value does not exceed $25,000,000.

    ‘(h) BALLISTIC MISSILE SANCTIONS NOT AFFECTED- Nothing contained herein shall affect sanctions for transfers of missile equipment or technology required under section 11B of the Export Administration Act of 1979 or section 73 of the Arms Export Control Act.’.

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, $43,914,000.

OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT

    For necessary expenses to carry out the provisions of section 667, ( 30 ) [Struck out->] $465,750,000 [<-Struck out] $490,000,000 ( 31 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That of this amount not more than $1,475,000 may be made available to pay for printing costs: [Struck out->] Provided further, [Struck out->] That none of the funds appropriated by this Act for programs administered by the Agency for International Development may be used to finance printing costs of any report or study (except feasibility, design, or evaluation reports or studies) in excess of $25,000 without the approval of the Administrator of that Agency or the Administrator’s designee [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

    For necessary expenses to carry out the provisions of section 667, ( 32 ) [Struck out->] $35,200,000 [<-Struck out] $30,200,000, which sum shall be available for the Office of the Inspector General of the Agency for International Development.

Other Bilateral Economic Assistance

( 33 ) [Struck out->] economic support fund [<-Struck out]

MIDDLE EAST FUND

    For necessary expenses to carry out the provisions of chapter 4 of part II, ( 34 ) [Struck out->] $2,300,000,000 [<-Struck out] $2,015,000,000, to remain available until September 30, 1997 ( 35 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That any funds appropriated under this heading that are made available for Israel shall be made available on a grant basis as a cash transfer and shall be disbursed within thirty days of enactment of this Act or by October 31, 1995, whichever is later [<-Struck out] : Provided, That of the funds appropriated under this heading, not less than $1,200,000,000 shall be available only for Israel, which sum shall be available on a grant basis as a cash transfer and shall be disbursed within thirty days of enactment of this Act or by October 31, 1995, whichever is later: Provided further, That not less than $815,000,000 shall be available only for Egypt, which sum shall be provided on a grant basis, and of which sum cash transfer assistance may be provided, with the understanding that Egypt will undertake significant economic reforms which are additional to those which were undertaken in previous fiscal years, and of which not less than $200,000,000 shall be provided as Commodity Import Program assistance: Provided further, That not less than the Egyptian pound equivalent of $85,000,000 generated from funds made available by this paragraph, or from any source including from funds made available for Egypt for fiscal year 1997, shall be made available to the United States pursuant to the United States-Egypt Economic, Technical and Related Assistance Agreements of 1978, for the following endowmnents established under such Agreements: the Egyptian pound equivalent of $50,000,000 shall be made available to replenish the existing endowment for the American University in Cairo, and the Egyptian pound equivalent of $35,000,000 shall be made available to replenish the existing endowment for projects and programs which promote the preservation and restoration of Egyptian antiquities: Provided further, That in exercising the authority to provide cash transfer assistance for Israel and Egypt, the President shall ensure that the level of such assistance does not cause an adverse impact on the total level of nonmilitary exports from the United States to each such country: Provided further, That it is the sense of the Congress that the recommended levels of assistance for Egypt and Israel are based in great measure upon their continued participation in the Camp David Accords and upon the Egyptian-Israeli peace treaty ( 36 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That none of the funds appropriated under this heading shall be made available for Zaire [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

( 37 ) [Struck out->] international fund for ireland [<-Struck out]

    [Struck out->] For necessary expenses to carry out the provisions of part I of the Foreign Assistance Act of 1961, up to $19,600,000, which shall be available for the United States contribution to the International Fund for Ireland and shall be made available in accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415): Provided, That such amount shall be expended at the minimum rate necessary to make timely payment for projects and activities: Provided further, That funds made available under this heading shall remain available until September 30, 1997. [<-Struck out]

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

    ( 38 ) (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, ( 39 ) [Struck out->] $324,000,000 [<-Struck out] $335,000,000, to remain available until September 30, 1997, which shall be available, notwithstanding any other provision of law, for economic assistance and for related programs for Eastern Europe and the Baltic States.

    ( 40 ) (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.

    ( 41 ) (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.

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, ( 42 ) [Struck out->] $580,000,000 [<-Struck out] $705,000,000, to remain available until September 30, 1997: Provided, That the provisions of 498B(j) of the Foreign Assistance Act of 1961 shall apply to funds appropriated by this paragraph.

    (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 ( 43 ) [Struck out->] ,-such as those violations included in Principle Six of the Helsinki Final Act: [Struck out->] Provided, [Struck out->] 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:- [Struck out->] Provided further, [<-Struck out] : Provided, 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. [<-Struck out] [<-Struck out] [<-Struck out]

    (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 ( 44 ) : Provided, That this restriction does not apply to demilitarization, defense conversion or non-proliferation 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 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) Funds appropriated under this heading may be made available for assistance for Mongolia.

    (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 ( 45 ) [Struck out->] previously functioning in the new independent states [<-Struck out] .

    ( 46 ) [Struck out->] (j) The ratio of private sector investment (including volunteer contributions in cash or time) to United States government assistance in projects referred to in subsection (i) shall be no less than a ratio of 1 to 1. [<-Struck out]

    ( 47 ) (k) Of the funds appropriated under this heading, not less than $15,000,000 should be available only for a family planning program for the new independent states of the former Soviet Union comparable to the family planning program currently administered by the Agency for International Development in the Central Asian Republics and focusing on population assistance which provides an alternative to abortion.

    (l) Notwithstanding any other provision of law or this Act, of the funds appropriated under this heading, not less than $85,000,000 shall be made available for programs and activities for Armenia, of which $35,000,000 shall be available for food, $40,000,000 shall be available for fuel, and $10,000,000 shall be available for medical supplies and services: Provided further, That these funds shall be in addition to funds justified for programs in the fiscal year 1996 congressional presentation documents.

    (m) Of the funds made available by this or any other Act, not less than $30,000,000 shall be made available for programs and activities for Georgia.

    (n) Of the funds appropriated under this heading, not less than $225,000,000 shall be made available for Ukraine: Provided, That of these funds made available, not less than $3,000,000 shall be made available to assist in establishing a commodities exchange board: Provided further, That not less than $5,000,000 shall be made available to support improvements in the delivery of social services: Provided further, That not less than $20,000,000 shall be available to support the development of small and medium enterprises: Provided further, That not less than $2,000,000 shall be provided to support strengthening in independent broadcast and print media: Provided further, That not less than $5,000,000 shall be available for a pilot project to screen, diagnose, and treat Chernobyl victims suffering from breast cancer: Provided further, That not less than $5,000,000 shall be available to support a joint United States-Ukraine geographic survey to determine levels of contamination caused by the Chernobyl reactor: Provided further, That not less than $2,000,000 shall be available to conduct an assessment of the energy distribution grid with recommendations on improvements necessary to provide comprehensive industrial, commercial and residential access to power: Provided further, That not less than $5,000,000 shall be made available for a pilot project to establish a management and market economics training partnership between a Ukrainian university and a United States university with demonstrated experience in Eastern Europe or the New Independent States and an ability to plan and direct a multi-faceted program including business management, manufacturing management, market economics, and public administration training.

    (o) Of the funds made available for Ukraine, under this Act or any other Act, not less than $50,000,000 shall be made available to improve nuclear energy self-sufficiency and improve safety at nuclear reactors: Provided, That of this amount, not less than $30,000,000 shall be made available to provide technical assistance, training and equipment to develop institutions and procedures to license, purchase, transfer and use nuclear fuel assemblies consistent with International Atomic Energy Agency standards: Provided further, That of this amount, not less than $20,000,000 shall be provided for the purchase, installation and training for safety parameter display systems or safety control systems at all nuclear operational nuclear reactors, but on a priority basis at the Chernobyl facility.

    (p) Notwithstanding any other provision of law or of this Act, of the funds made available under this heading, within 30 days of enactment of this Act, not less than $4,500,000 shall be transferred to the Federal Bureau of Investigation to establish Legal Attache offices and related programs in Ukraine, Kazakhstan, and Estonia: Provided, That these funds shall support both in country and regional law enforcement liaison and investigation activities.

    (q) Notwithstanding any other provision of law or of this Act, of the funds made available under this heading, within 30 days of enactment of this Act not less than $12,600,000 shall be transferred to the Federal Bureau of Investigation for international training and cooperation in Central Europe and the New Independent States: Provided, That these funds may support training conducted at the International Law Enforcement Academy in Hungary, in country training sessions in Central Europe, the Baltics, and the New Independent States, and efforts to establish national law enforcement institutes.

    (r) Of the funds made available under this heading, not less than $20,000,000 shall be available for hospital partnership programs.

    (s) Of the funds made available under this heading, not less than $45,000,000 shall be provided to the Western NIS Enterprise Fund.

    (t) No funds may be made available under this heading, until the Department of State Office of the Coordinator for United States Assistance to the New Independent States submits a report to the Committees on Appropriations providing a country by country development strategy including the type of activities planned to carry out the strategy requirements.

    (u) No funds may be made available under this heading for Russia unless the President determines and certifies in writing to the Committees on Appropriations that the Government of Russia has terminated all planning and implementation of arrangements to provide Iran with technical expertise, training, technology or equipment necessary to develop a nuclear reactor or related nuclear research facilities or programs.

    (v) Funds appropriated under this heading or in prior appropriations Acts that are or have been made available for an Enterprise Fund may be deposited by such Fund in interest-bearing accounts prior to the Funds disbursement of such funds. The Fund may retain for program purposes any interest earned on such deposits without returning such interest to the Treasury of the United States and without further appropriation by Congress.

    (w) Of the funds made available under this heading, not less than $15,000,000 shall be made available to support establishing a Trans-Caucasus Enterprise Fund.

( 48 ) [Struck out->] Independent Agencies [<-Struck out]

( 49 ) [Struck out->] african development foundation [<-Struck out]

    [Struck out->] For necessary expenses to carry out the provisions of title V of the International Security and Development Cooperation Act of 1980, Public Law 96-533, and to make such contracts and commitments without regard to fiscal year limitations, as provided by 31 U.S.C. 9104, $11,500,000. [<-Struck out]

( 50 ) [Struck out->] inter-american foundation [<-Struck out]

    [Struck out->] For expenses necessary to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104, title 31, United States Code, $20,000,000. [<-Struck out]

PEACE CORPS

    For expenses necessary to carry out the provisions of the Peace Corps Act (75 Stat. 612), ( 51 ) [Struck out->] $210,000,000 [<-Struck out] $200,000,000, 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 ( 52 ) : Provided further, That funds appropriated under this heading shall remain available until September 30, 1997.

Department of State

INTERNATIONAL NARCOTICS CONTROL

    For necessary expenses to carry out the provisions of section 481 of the Foreign Assistance Act of 1961, ( 53 ) [Struck out->] $113,000,000 [<-Struck out] $150,000,000: Provided, That during fiscal year 1996, 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 ( 54 ) : Provided further, That of the funds appropriated under this heading, not less than $1,800,000 shall be available to establish and maintain a Federal Bureau of Investigation Legal Attache office in Cairo, Egypt: Provided further, That not less than $5,000,000 shall be made available to the Federal Bureau of Investigation and the Secret Service to establish and maintain offices in the Triborder area of Argentina, Brazil and Paraguay.

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 ( 55 ) ; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; salaries and expenses of personnel assigned to the bureau charged with carrying out the Migrations and Refugee Assistance Act; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $671,000,000 ( 56 ) : Provided, That not more than $12,000,000 shall be available for administrative expenses ( 57 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That, one of the funds appropriated under this heading shall be available for salaries and expenses of personnel assigned to the bureau charged with carrying out the Migration and Refugee Assistance Act [<-Struck out] ( 58 ) : 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. [<-Struck out] [<-Struck out]

( 59 ) [Struck out->] refugee resettlement assistance [<-Struck out]

    [Struck out->] For necessary expenses for the targeted assistance program authorized by title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980 and administered by the Office of Refugee Resettlement of the Department of Health and Human Services, in addition to amounts otherwise available for such purposes, $5,000,000. [<-Struck out]

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.

ANTI-TERRORISM ASSISTANCE

    For necessary expenses to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961, ( 60 ) [Struck out->] $17,000,000 [<-Struck out] $15,000,000.

NONPROLIFERATION AND DISARMAMENT FUND

    For necessary expenses for a ‘Nonproliferation and Disarmament Fund’, $20,000,000, to remain available until expended, to promote bilateral and multilateral activities: Provided, That such funds may be used pursuant to the authorities contained in section 504 of the FREEDOM Support Act: Provided further, That such funds may also be used for 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 funds appropriated under this heading may be made available notwithstanding any other provision of law: Provided further, That funds appropriated under this heading 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, ( 61 ) [Struck out->] $39,000,000 [<-Struck out] $19,000,000: 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 ( 62 ) and Guatemala ( 63 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That funds appropriated under this heading for grant financed military education and training for Indonesia and Guatemala may only be available for expanded military education and training [<-Struck out] . [<-Struck out] [<-Struck out]

FOREIGN MILITARY FINANCING PROGRAM

    For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, ( 64 ) [Struck out->] $3,211,279,000 [<-Struck out] $3,207,500,000 ( 65 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That funds appropriated by this paragraph that are made available for Israel and Egypt shall be made available only as grants: [Struck out->] Provided further, [Struck out->] That the funds appropriated by this paragraph that are made available for Israel shall be disbursed within thirty days of enactment of this Act or by October 31, 1995, whichever is later: [Struck out->] Provided further, [Struck out->] 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 to exceed $475,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: [Struck out->] Provided further, [Struck out->] That funds made available under this paragraph shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: [<-Struck out] : Provided, That of the funds appropriated by this paragraph not less than $1,800,000,000 shall be available for grants only for Israel, and not less than $1,300,000,000 shall be available for grants only for Egypt: Provided further, That the funds appropriated by this paragraph for Israel shall be disbursed within thirty days of enactment of this Act or by October 31, 1995, whichever is later: Provided further, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by Israel and the United States, be available for advanced fighter aircraft programs or for other advanced weapons systems, as follows: (1) up to $150,000,000 shall be available for research and development in the United States; and (2) not less than $475,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development [<-Struck out] ( 66 ) : Provided further, That funds made available under this paragraph shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further, That, for the purpose only of providing support for the Warsaw Initiative Program, of the funds appropriated by this Act under the headings ‘Assistance for Eastern Europe and the Baltic States’ and ‘Assistance for the New Independent States of the Former Soviet Union’, up to a total of $20,000,000 may be transferred, notwithstanding any other provision of law, to the funds appropriated under this paragraph 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. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    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, $64,400,000: Provided, That these funds are available to subsidize gross obligations for the principal amount of direct loans of not to exceed $544,000,000: 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 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 ( 67 ) the following: $224,000,000 ( 68 ) only for Greece and ( 69 ) [Struck out->] shall not exceed [<-Struck out] $320,000,000 ( 70 ) only for Turkey ( 71 ) : Provided further, That the President should seek the agreement of the Prime Minister of Turkey to permit access throughout Turkey for international humanitarian organizations which operate confidentially, and report to the Committee on Appropriations by June 1, 1996, on progress towards such agreement.

    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 demining activities, 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 ( 72 ) [Struck out->] $24,000,000 [<-Struck out] $22,500,000 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 1996 pursuant to section 43(b) of the Arms Export Control Act, except that this limitation may be exceeded only 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, ( 73 ) [Struck out->] $68,300,000 [<-Struck out] $72,033,000: Provided, That none of the funds appropriated under this paragraph shall be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations.

TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

International Financial Institutions

CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT

    For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury, for the United States share of the paid-in share portion of the increases in capital stock for the General Capital Increase, ( 74 ) [Struck out->] $23,009,000 [<-Struck out] $28,189,963, to remain available until expended ( 75 ) : Provided further, That not more than twenty-one days prior to the obligation of each such sum, the Secretary shall submit a certification to the committees on Appropriations that the Bank has not approved any loans to Iran since October 1, 1994, or the President of the United States certifies that withholding of these funds is contrary to the national interest of the United States.

    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), ( 76 ) [Struck out->] $30,000,000 [<-Struck out] $50,000,000, to remain available until September 30, 1997.

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

    The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed ( 77 ) [Struck out->] $743,900,000 [<-Struck out] $911,475,013.

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

    For payment to the International Development Association by the Secretary of the Treasury, ( 78 ) [Struck out->] $575,000,000 [<-Struck out] $775,000,000, for the United States contribution to the tenth replenishment, to remain available until expended.

( 79 ) contribution to the international finance corporation

    For payment to the International Finance Corporation by the Secretary of the Treasury, $67,550,000, for the United States share of the increase in subscriptions to capital stock, to remain available until expended: Provided, That of the amount appropriated under this heading not more than $5,269,000 may be expended for the purchase of such stock in fiscal year 1996.

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, ( 80 ) [Struck out->] $25,950,000 [<-Struck out] $25,952,110, and for the United States share of the increase in the resources of the Fund for Special Operations, $20,000,000, to remain available until expended.

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 ( 81 ) [Struck out->] $1,523,000,000 [<-Struck out] $1,523,767,142.

( 82 ) contribution to the enterprise for the americas multilateral investment fund

    For payment to the Enterprise for the Americas Multilateral Investment Fund by the Secretary of the Treasury, for the United States contribution to the Fund to be administered by the Inter-American Development Bank, $70,000,000 to remain available until expended.

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, ( 83 ) [Struck out->] $13,200,000 [<-Struck out] $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 ( 84 ) [Struck out->] $647,000,000 [<-Struck out] $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), ( 85 ) [Struck out->] $100,000,000 [<-Struck out] $110,000,000, 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, ( 86 ) [Struck out->] $69,180,000 [<-Struck out] $70,000,000, for the United States share of the paid-in share portion of the initial capital subscription, to remain available until expended: Provided, That of the amount appropriated under this heading not more than $54,600,000 may be expended for the purchase of such stock in fiscal year 1996.

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 ( 87 ) [Struck out->] $161,400,000 [<-Struck out] $163,333,333.

( 88 ) [Struck out->] North American Development Bank [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS [<-Struck out]

    [Struck out->] 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. [<-Struck out]

NORTH AMERICAN DEVELOPMENT BANK

    For payment to the North American Development Bank by the Secretary of the Treasury, for the United States share of the paid-in portion of the capital stock, $25,000,000, to remain available until expended: Provided, That for the payment to the Enterprise for the Americas Multilateral Investment Fund by the Secretary of the Treasury, for the United States contribution to the fund to be administered by the Inter-American Development Bank, $45,000,000 is provided to remain available until expended.

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

    The United States Governor of the North American Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of the capital stock of the North American Development Bank in an amount not to exceed $318,750,000.

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, ( 89 ) [Struck out->] $155,000,000 [<-Struck out] $260,000,000: ( 90 ) [Struck out->] Provided, [<-Struck out] Provided, That not less than $3,000,000 of the funds appropriated under this heading shall be made available for the World Food Program: Provided further, 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 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 ( 91 ) : Provided further, That any reduction in the amounts made available under this heading for each of the United Nations Development Program, the United Nations Children’s Fund, the United Nations Environment Program, and the International Atomic Energy Agency, from the amounts made available under this heading for such organization for fiscal year 1995, shall not exceed the percentage by which the total amount appropriated under this heading is reduced from the total amount appropriated under this heading for fiscal year 1995: 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 ( 92 ) [Struck out->] $25,000,000 [<-Struck out] $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, 1996, and that no later than February 15, 1996, 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 1996: Provided further, That any amount UNFPA plans to spend in the People’s Republic of China in 1996 above $7,000,000, shall be deducted from the amount of funds provided to UNFPA after March 1, 1996 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 ( 93 ) : Provided further, That of the funds appropriated under this heading, not less than $1,000,000 shall be made available to UNIFEM ( 94 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That up to $13,000,000 may be made available to the Korean Peninsula Energy Development Organization (KEDO) for administrative expenses and heavy fuel oil costs associated with the Framework Agreement: [Struck out->] Provided further, [Struck out->] That additional funds may be made available to KEDO subject to the regular notification procedures of the Committees on Appropriations [<-Struck out] ( 95 ) : Provided further, That not less than $1,500,000 of the funds appropriated under this heading shall be made available for the United Nations Fund for Victims of Torture. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

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, ( 96 ) [Struck out->] not to exceed $5,000 [<-Struck out] no funds 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’, ( 97 ) [Struck out->] not to exceed $2,000 [<-Struck out] no funds 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, ( 98 ) no funds shall be available for entertainment and not to exceed $2,000 shall be available for ( 99 ) [Struck out->] entertainment and [<-Struck out] representation allowances: Provided further, That of the funds made available by this Act for the Peace Corps, ( 100 ) [Struck out->] not to exceed a total of $4,000 [<-Struck out] no funds shall be available for entertainment expenses: Provided further, That of the funds made available by this Act under the heading ‘Trade and Development Agency’, ( 101 ) no funds shall be available for entertainment and not to exceed $2,000 shall be available for representation ( 102 ) [Struck out->] and entertainment [<-Struck out] allowances.

PROHIBITION ON FINANCING NUCLEAR GOODS

    SEC. 506. None of the funds appropriated or made available (other than funds for ‘International Organizations and 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 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. ( 103 ) (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, 1996, 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.

    ( 104 ) (b) Obligated balances of funds appropriated to carry out section 23 of the Arms Export Control Act as of the end of the fiscal year immediately preceding the current fiscal year are, if deobligated, hereby continued available during the current fiscal year for the same purpose under any authority applicable to such appropriations under this Act: Provided, That the authority of this subsection may not be used in fiscal year 1996.

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: Provided, That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, ( 105 ) and the Chairman of the Board so notifies the Committees on Appropriations.

    (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 ( 106 ) [Struck out->]
    ‘Child Survival and Disease Programs Fund’, ‘Development Assistance Fund’, ‘Development Fund for Africa’, [<-Struck out] ‘Economic 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’,
    ( 107 ) [Struck out->]
    ‘Economic Support Fund’, [<-Struck out] ‘Peacekeeping operations’, ‘Operating expenses of the Agency for International Development’, ‘Operating expenses of the Agency for International Development Office of Inspector General’, ‘Nonproliferation and Disarmament Fund’, ‘Anti-terrorism assistance’, ‘Foreign Military Financing Program’, ‘International military education and training’,
    ( 108 ) [Struck out->]
    ‘Inter-American Foundation’, ‘African Development Foundation’, [<-Struck out] ‘Peace Corps’,
    ( 109 )
    ‘Middle East Fund’ or ‘Migration and refugee assistance’,
    ( 110 ) [Struck out->] or ‘United States Emergency Refugee and Migration Assistance Fund’, [<-Struck out] 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 ( 111 ) [Struck out->] 20 [<-Struck out] 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 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 ( 112 ) [Struck out->] SUPPORT FUND [<-Struck out] 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 ( 113 ) the Economic Support Fund economic assistance 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.

prohibition ( 114 ) [Struck out->] CONCERNING ABORTIONS [<-Struck out] 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 ( 115 ) : Provided, That in determining eligibility for assistance from funds appropriated to carry out section 104 of the Foreign Assistance Act of 1961, nongovernmental and multilateral organizations shall not be subjected to requirements more restrictive than the requirements applicable to foreign governments for such assistance: Provided further, That none of the funds made available under this Act may be used to lobby for or against abortion.

REPORTING REQUIREMENT

    SEC. 519. 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. 520. None of the funds appropriated in this Act shall be obligated or expended for Colombia, Dominican Republic, Guatemala, Haiti, ( 116 ) [Struck out->] Indonesia, [<-Struck out] Liberia, Nicaragua, Pakistan, Peru, ( 117 ) [Struck out->] Russia, [<-Struck out] Sudan, or Zaire except as provided through the regular notification procedures of the Committees on Appropriations: Provided, That this section shall not apply to funds appropriated by this Act to carry out the provisions of chapter 1 of part I of the Foreign Assistance Act of 1961 that are made available for ( 118 ) [Struck out->] Indonesia and [<-Struck out] Nicaragua.

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

    SEC. 521. 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.

( 119 ) FAMILY PLANNING, child survival and aids activities

    SEC. 522. 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. 523. 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 ( 120 ) security interest of the United States.

RECIPROCAL LEASING

    SEC. 524. Section 61(a) of the Arms Export Control Act is amended by striking out ‘1995’ and inserting in lieu thereof ‘1996’.

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

    SEC. 525. 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. 526. Funds appropriated by this Act may be obligated and expended ( 121 ) [Struck out->] subject to [<-Struck out] notwithstanding section 10 of Public Law 91-672 and section 15 of the State Department Basic Authorities Act of 1956.

OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES BY INTERNATIONAL FINANCIAL INSTITUTIONS

    SEC. 527. (a) INSTRUCTIONS FOR UNITED STATES EXECUTIVE DIRECTORS- The Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution designated in subsection (b), and the Administrator of the Agency for International Development shall instruct the United States Executive Director of the International Fund for Agriculture Development, to use the voice and vote of the United States to oppose any loan or other use of the funds of the respective institution to or for a country for which the Secretary of State has made a determination under section 6(j) of the Export Administration Act of 1979.

    (b) DEFINITION- For purposes of this section, the term ‘international financial institution’ includes--

      (1) the International Bank for Reconstruction and Development, the International Development Association, and the International Monetary Fund; and

      (2) wherever applicable, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the African Development Fund, and the European Bank for Reconstruction and Development.

( 122 ) prohibition on bilateral assistance to terrorist countries

    SEC. 527A. (a) Notwithstanding any other provision of law, funds appropriated for bilateral assistance under any heading of this Act and funds appropriated under any such heading in a provision of law enacted prior to enactment of this Act, shall not be made available to any country which the President determines--

      (1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism, or

      (2) otherwise supports international terrorism.

    (b) The President may waive the application of subsection (a) to a country if the President determines that national security or humanitarian reasons justify such waiver. The President shall publish each waiver in the Federal Register and, at least fifteen days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations.

COMMERCIAL LEASING OF DEFENSE ARTICLES

    SEC. 528. Notwithstanding any other provision of law, and subject to the regular notification requirements of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act may be used to provide financing to ( 123 ) [Struck out->] Israel and [<-Struck out] 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.

( 124 ) competitive insurance

    SEC. 528A. All Agency for International Development contracts and solicitations, and subcontracts entered into under such contracts, shall include a clause requiring that United States insurance companies have a fair opportunity to bid for insurance when such insurance is necessary or appropriate.

( 125 ) [Struck out->] stingers in the persian gulf region [<-Struck out]

    [Struck out->] SEC. 529. 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. [<-Struck out]

DEBT-FOR-DEVELOPMENT

    SEC. 530. 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.

( 126 ) [Struck out->] location of stockpiles [<-Struck out]

    [Struck out->] SEC. 531. Section 514(b)(2) of the Foreign Assistance Act of 1961 is amended by striking out ‘a total of $200,000,000 for stockpiles in Israel for fiscal years 1994 and 1995, up to $40,000,000 may be made available for stockpiles in the Republic of Korea, and up to $10,000,000 may be made available for stockpiles in Thailand for fiscal year 1995.’ and inserting in lieu thereof ‘$200,000,000 for stockpiles in Israel, $40,000,000 for stockpiles in the Republic of Korea and $10,000,000 for stockpiles in Thailand for fiscal year 1996’. [<-Struck out]

COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES

    SEC. 531A. (a) COSTING BASIS- Section 22 of the Arms Export Control Act (22 U.S.C. 2762) is amended by adding at the end the following:

    ‘(d) COMPETITIVE PRICING- Procurement contracts made in implementation of sales under this section for defense articles and defense services wholly paid for funds made available on a nonrepayable basis shall be priced on the same costing basis with regard to profit, overhead, independent research and development, bid and proposal, and other costing elements, as is applicable to procurements of like items purchased by the Department of Defense for its own use.’

    (b) EFFECTIVE DATE AND IMPLEMENTING REGULATIONS- Section 22(d) of the Arms Export Control Act, as added by subsection (a)--

      (1) shall take effect on the 60th day following the date of the enactment of this Act;

      (2) shall be applicable only to contracts made in implementation of sales made after such effective date; and

      (3) shall be implemented by revised procurement regulations, which shall be issued prior to such effective date.

STOCKPILES OF DEFENSE ARTICLES

    SEC. 531B. (a) LIMITATION ON VALUE OF ADDITIONS- Section 514(b)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(1)) is amended by inserting ‘or in the implementation of agreements with Israel’ after ‘North Atlantic Treaty Organization’.

    (b) ADDITIONS IN FISCAL YEARS 1996 AND 1997- Section 514(b)(2) of such Act (22 U.S.C. 2321h(b)(2)) is amended to read as follows:

    ‘(2)(A) The value of such additions to stockpiles of defense articles in foreign countries shall not exceed $50,000,000 for each of the fiscal years 1996 and 1997.

    ‘(B) Of the amount specified in subparagraph (A) for each of the fiscal years 1996 and 1997, not more than $40,000,000 may be made available for stockpiles in the Republic of Korea and not more than $10,000,000 may be made available for stockpiles in Thailand.’.

    (c) LOCATION OF STOCKPILES OF DEFENSE AUTHORITIES- Section 514(c) of such Act (22 U.S.C. 2321h(c)) is amended to read as follows:

    ‘(c) LOCATION OF STOCKPILES OF DEFENSE ARTICLES-

      ‘(1) LIMITATION- Except as provided in paragraph (2), no stockpile of defense articles may be located outside the boundaries of a United States military base or a military base used primarily by the United States.

      ‘(2) EXCEPTIONS- Paragraph (1) shall not apply with respect to stockpiles of defense articles located in the Republic of Korea, Thailand, any country that is a member of the North Atlantic Treaty Organization, any country that is a major non-NATO ally, or any other country the President may designate. At least 15 days before designating a country pursuant to the last clause of the preceding sentence, the President shall notify the congressional committees specified in section 634A(a) in accordance with the procedures applicable to reprogramming notifications under that section.’.

SEPARATE ACCOUNTS

    SEC. 532. (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--

      (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. 533. (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. 534. ( 127 ) [Struck out->] (a) DENIAL OF ASSISTANCE. [Struck out->] -- [<-Struck out] 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-- [<-Struck out]

      (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.

    ( 128 ) [Struck out->] (b) [Struck out->] IMPORT SANCTIONS. [Struck out->] --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-- [<-Struck out] [<-Struck out] [<-Struck out]

      [Struck out->] (1) the importation of products of Iraq, Serbia, or Montenegro into its customs territory, and [<-Struck out]

      [Struck out->] (2) the export of its products to Iraq, Serbia, or Montenegro, as the case may be. [<-Struck out]

POW/MIA MILITARY DRAWDOWN

    SEC. 535. (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 1996, 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.

    ( 129 ) (d) There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for defense articles, defense services, and military education and training provided under this section.

MEDITERRANEAN EXCESS DEFENSE ARTICLES

    SEC. 536. During fiscal year 1996, the provisions of section 573(e) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, shall be applicable, for the period specified therein, to excess defense articles made available under sections 516 and 519 of the Foreign Assistance Act of 1961.

( 130 ) priority delivery of equipment

    SEC. 536A. Notwithstanding any other provision of law, the delivery of excess defense articles that are to be transferred on a grant basis under section 516 of the Foreign Assistance Act to NATO allies and to major non-NATO allies on the southern and southeastern flank of NATO shall be given priority to the maximum extent feasible over the delivery of such excess defense articles to other countries.

CASH FLOW FINANCING

    SEC. 537. 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. 538. 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. 539. 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-HERCEGOVINA

    SEC. 540. (a) Congress finds as follows:

      (1) The United Nations has imposed an embargo on the transfer of arms to any country on the territory of the former Yugoslavia.

      (2) The federated states of Serbia and Montenegro have a large supply of military equipment and ammunition and the Serbian forces fighting the government of Bosnia-Hercegovina have more than one thousand battle tanks, armored vehicles, and artillery pieces.

      (3) Because the United Nations arms embargo is serving to sustain the military advantage of the aggressor, the United Nations should exempt the government of Bosnia-Hercegovina from its embargo.

    (b) Pursuant to a lifting of the United Nations arms embargo, or to a unilateral lifting of the arms embargo by the President of the United States, against Bosnia-Hercegovina, the President is authorized to transfer, subject to prior notification of the Committees on Appropriations, to the government of that nation, without reimbursement, defense articles from the stocks of the Department of Defense and defense services of the Department of Defense of an aggregate value not to exceed ( 131 ) [Struck out->] $50,000,000 [<-Struck out] $100,000,000 in fiscal year 1996: 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.

    (c) Within 60 days of any transfer under the authority provided in subsection (b), and every 60 days thereafter, the President shall report in 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.

    (d) There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for defense articles provided under this section.

RESTRICTIONS ON THE TERMINATION OF SANCTIONS AGAINST SERBIA AND MONTENEGRO

    SEC. 540A. (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.

    ( 132 ) (c) Expanded Authority- Section 660(b) of the Foreign Assistance Act of 1961 is amended--

      (1) in paragraph (3), by striking ‘or’;

      (2) in paragraph (4), by striking the period at the end thereof and inserting ‘; or’; and

      (3) adding the following new paragraphs:

      ‘(5) with respect to assistance, including training, relating to sanctions monitoring and enforcement;

      ‘(6) with respect to assistance provided to reconstitute civilian police authority and capability in the post-conflict restoration of host nation infrastructure for the purposes of supporting a nation emerging from instability, and the provision of professional public safety training, to include training in internationally recognized standards of human rights, the rule of law, anti-corruption, and the promotion of civilian police roles that support democracy.’.

special authorities

    SEC. 541. (a) Funds appropriated in title II of this Act that are made available for ( 133 ) [Struck out->] Haiti, [<-Struck out] Afghanistan, Lebanon, and Cambodia, and for victims of war, ( 134 ) displaced children, [Struck out->] displaced Burmese, [<-Struck out] humanitarian assistance for Romania, and humanitarian assistance for the peoples of Bosnia-Hercegovina, 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 the President shall terminate assistance to any country or organization that he determines is cooperating, ( 135 ) [Struck out->] tactically or strategically, with the Khmer Rouge in their military operations [<-Struck out] tactically or strategically, with the Khmer Rouge in their military operations, or which is cooperating commercially with the Khmer Rouge.

    (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 1996, 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. 542. 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. 543. (a) Of the funds appropriated ( 136 ) [Struck out->] or otherwise made available by this Act for ‘Economic Support Fund’, [<-Struck out] under the heading ‘Economic Assistance’, 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. 544. (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 1996, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under ( 137 ) titles I and II of 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.

( 138 ) earmarks

    SEC. 544A. (a) Funds appropriated by this Act which are earmarked may be reprogrammed for other programs within the same account notwithstanding the earmark if compliance with the earmark is made impossible by operation of any provision of this or any other Act or, with respect to a country with which the United States has an agreement providing the United States with base rights or base access in that country, if the President determines that the recipient for which funds are earmarked has significantly reduced its military or economic cooperation with the United States since enactment of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991; however, before exercising the authority of this subsection with regard to a base rights or base access country which has significantly reduced its military or economic cooperation with the United States, the President shall consult with, and shall provide a written policy justification to the Committees on Appropriations: Provided, That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed pursuant to this subsection shall be made available under the same terms and conditions as originally provided.

    (b) In addition to the authority contained in subsection (a), the original period of availability of funds appropriated by this Act and administered by the Agency for International Development that are earmarked for particular programs or activities by this or any other Act shall be extended for an additional fiscal year if the Administrator of such agency determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such earmarked funds can be obligated during the original period of availability: Provided, That such earmarked funds that are continued available for an additional fiscal year shall be obligated only for the purpose of such earmark.

ceilings ( 139 ) and earmarks

    SEC. 545. 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. 546. (a) The authority of section 519 of the Foreign Assistance Act of 1961, as amended, may be used in fiscal year 1996 to provide nonlethal excess defense articles to countries for which United States foreign assistance has been 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) The authority of section 516 of the Foreign Assistance Act of 1961, as amended, may be used in fiscal year 1996 to provide defense articles to Jordan ( 140 ) [Struck out->] ,-except that the provision of such defense articles shall be subject to section 534 of this Act [<-Struck out] .

    ( 141 ) (c) The President may transfer to Estonia such excess defense articles as the President determines necessary to help modernize the defense capabilities of Estonia, subject to the requirements of subsections (b) through (f) of section 519 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321m).

PROHIBITION ON PUBLICITY OR PROPAGANDA

    SEC. 547. 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 ( 142 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That none of the funds appropriated by this Act may be made available to carry out the provisions of section 316 of Public Law 96-533 [<-Struck out] . [<-Struck out] [<-Struck out]

USE OF AMERICAN RESOURCES

    SEC. 548. 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. 549. 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. 550. 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. 551. 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. 552. (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. 553. (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. 554. 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 583(a) of the Middle East Peace Facilitation Act of 1994 (part E of title V of Public Law 103-236) 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 583(b)(2) of the Middle East Peace Facilitation Act 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. 555. Not to exceed 5 percent of any appropriation other than for administrative expenses made available for fiscal year 1996 for programs under title ( 143 ) [Struck out->] I [<-Struck out] IV 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. 556. 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 to 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 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.

NONLETHAL EXCESS DEFENSE ARTICLES

    SEC. 557. Notwithstanding section 519(f) of the Foreign Assistance Act of 1961, during fiscal year 1996, funds available to the Department of Defense may be expended for crating, packing, handling and transportation of nonlethal excess defense articles transferred under the authority of section 519 to countries eligible to participate in the Partnership for Peace and to receive assistance under Public Law 101-179.

LANDMINES

    SEC. 558. Notwithstanding any other provision of law, demining equipment available to any department or agency and used in support of the clearing of landmines 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 ( 144 ) : Provided, That section 1365(c) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 22 U.S.C., 2778 note) is amended by striking out ‘During the four-year period beginning on October 23, 1992’ and inserting in lieu thereof ‘During the five-year period beginning on October 23, 1993’.

( 145 ) [Struck out->] report on the salaries and benefits of the imf and the world bank [<-Struck out]

    [Struck out->] SEC. 559. The Comptroller General shall submit a report to the Committees on Appropriations not later than November 1, 1995, on the following-- [<-Struck out]

      [Struck out->] (1) a review of the existing salaries and benefits of employees of the International Monetary Fund and the International Bank for Reconstruction and Development; and [<-Struck out]

      [Struck out->] (2) a review of all benefits paid to dependents of Fund and Bank employees. [<-Struck out]

    [Struck out->] Such report shall include a comparison of the salaries and benefits paid to employees and dependents of the Fund and the Bank with salaries and benefits paid to employees holding comparable positions in the public and private sectors in member countries and in the international sector. [<-Struck out]

RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

    SEC. 560. 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 ( 146 ) [Struck out->] subsection [<-Struck out] 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. 561. 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.

( 147 ) [Struck out->] limitation on assistance to countries that restrict the transport or delivery of united states humanitarian assistance [<-Struck out]

    [Struck out->] SEC. 562. (a) IN GENERAL- None of the funds made available in this Act may be used for assistance in support of any country when it is made known to the President that the government of such country prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assistance. [<-Struck out]

    [Struck out->] (b) EXCEPTION- Subsection (a) shall not apply to assistance in support of any country when it is made known to the President that the assistance is in the national security interest of the United States. [<-Struck out]

( 148 ) non-overtime differential pay

    SEC. 562. Title 5 of the United States Code is amended by inserting the following:

      (1) in section 5541(2)(xiv) after a ‘Foreign Service officer’ ‘, except for a Foreign Service Officer who is a criminal investigator for the Agency for International Development, Office of Inspector General’.

( 149 ) [Struck out->] references to authorization acts [<-Struck out]

    [Struck out->] SEC. 563. The funds appropriated under the heading, ‘Child Survival and Disease Programs Fund’ are provided pursuant to the Foreign Assistance Act, as amended: under sections 103 through 106 (Development Assistance Fund), in the amount of $214,000,000; under part I, chapter 10 (Development Fund for Africa), in the amount of $131,000,000; under the provisions of section 498(6) (Assistance for the New Independent States of the Former Soviet Union), in the amount of $15,000,000; under the provisions of part I, chapter 1, section 104(c) of the Foreign Assistance Act and the Support for East European Democracy (SEED) Act of 1989, in the amount of $1,000,000; under provisions of chapter 4, part II (Economic Support Fund), in the amount of $23,000,000; under the provisions of section 301, in the amount of $100,000,000 as a contribution on a grant basis to the United Nation’s Children’s Fund (UNICEF): Provided, That funds derived from funds authorized under chapter 4, part II, shall be made available for projects meeting criteria set forth in part I section 104(c): Provided further, That funds appropriated under the heading ‘Child Survival and Disease Programs Fund’ shall be in addition to amounts otherwise available for such purposes. [<-Struck out]

( 150 ) [Struck out->] prohibition on funding for abortion [<-Struck out]

    [Struck out->] SEC. 564. (a) In General- [<-Struck out]

      [Struck out->] (1) Notwithstanding any other provision of this Act or other law, none of the funds appropriated by this Act for population assistance activities may be made available for any private, nongovernmental, or multilateral organization until the organization certifies that it does not now, and will not during the period for which the funds are made available, directly or through a subcontractor or sub-grantee, perform abortions in any foreign country, except where the life of the mother would be endangered if the fetus were carried to term or in cases of forcible rape or incest. [<-Struck out]

      [Struck out->] (2) Paragraph (1) may not be construed to apply to the treatment of injuries or illnesses caused by legal or illegal abortions or to assistance provided directly to the government of a country. [<-Struck out]

    [Struck out->] (b) Lobbying Activities- [<-Struck out]

      [Struck out->] (1) Notwithstanding any other provision of this Act or other law, none of the funds appropriated by this Act for population assistance activities may be made available for any private, nongovernmental, or multilateral organization until the organization certifies that it does not now, and will not during the period for which the funds are made available, violate the laws of any foreign country concerning the circumstances under which abortion is permitted, regulated, or prohibited, or engage in any activity or effort to alter the laws or governmental policies of any foreign country concerning the circumstances under which abortion is permitted, regulated, or prohibited. [<-Struck out]

      [Struck out->] (2) Paragraph (1) shall not apply to activities in opposition to coercive abortion or involuntary sterilization. [<-Struck out]

    [Struck out->] (c) COERCIVE POPULATION CONTROL METHODS- Notwithstanding any other provision of this Act or other law, none of the funds appropriated by this Act may be made available for the United Nations Population Fund (UNFPA), unless the President certifies to the appropriate congressional committees that (1) the United Nations Population Fund has terminated all activities in the People’s Republic of China; or (2) during the 12 months preceding such certification, there have been no abortions as the result of coercion associated with the family planning policies of the national government or other governmental entities within the People’s Republic of China. As used in this section the term ‘coercion’ includes physical duress or abuse, destruction or confiscation of property, loss of means of livelihood, or severe psychological pressure. [<-Struck out]

WITHHOLDING OF ASSISTANCE TO COUNTRIES SUPPORTING NUCLEAR PLANT IN CUBA

    SEC. 565. ( 151 ) (a) WITHHOLDING- The President shall withhold from assistance made available with funds appropriated or made available pursuant to this Act an amount equal to the sum of assistance and credits, if any, provided on or after the date of the enactment of this Act by that country, or any entity in that country, in support of the completion of the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba.

    ( 152 ) (b) Exceptions- The requirement of subsection (a) to withhold assistance shall not apply with respect to--

      (1) assistance to meet urgent humanitarian needs, including disaster and refugee relief;

      (2) democratic political reform and rule of law activities;

      (3) the creation of private sector and nongovernmental organizations that are independent of government control;

      (4) the development of a free market economic system; and

      (5) assistance for the purposes described in the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160).

    (c) DEFINITION- As used in subsection (a), the term ‘assistance’ means assistance under the Foreign Assistance Act of 1961, credits, sales and guarantees of extensions of credit under the Arms Export Control Act, assistance under titles I and III of the Agricultural Trade Development and Assistance Act of 1954, assistance under the FREEDOM Support Act of 1992, and any other program of assistance or credits provided by the United States to other countries under other provisions of law, except that the term ‘assistance’ does not include humanitarian assistance, including disaster relief assistance.

( 153 ) [Struck out->] limitation on funds for haiti [<-Struck out]

    [Struck out->] SEC. 566. Effective March 1, 1996, none of the funds appropriated in this Act may be made available to the Government of Haiti when it is made known to the President that such Government is controlled by a regime holding power through means other than the democratic elections scheduled for calendar year 1995 and held in substantial compliance with the requirements of the 1987 Constitution of Haiti. [<-Struck out]

( 154 ) [Struck out->] purchase of american-made equipment and products [<-Struck out]

    [Struck out->] SEC. 567. 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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

( 155 ) [Struck out->] limitation on assistance to turkey [<-Struck out]

    [Struck out->] SEC. 568. Not more than $21,000,000 of the funds appropriated in this Act under the heading ‘ECONOMIC SUPPORT FUND’ may be made available to the Government of Turkey. [<-Struck out]

( 156 ) [Struck out->] limitation of funds for north american development bank [<-Struck out]

    [Struck out->] SEC. 569. No funds appropriated in this Act, under the heading ‘North American Development Bank’ may be obligated or expended unless it is made known to the Federal entity or official to which funds are appropriated under this Act that the Government of Mexico has contributed a share of the paid-in portion of the capital stock for fiscal year 1996 equivalent to that appropriated by the United States. [<-Struck out]

( 157 ) [Struck out->] limitation on funds for burma [<-Struck out]

    [Struck out->] SEC. 570. None of the funds made available in this Act may be used for International Narcotics Control or Crop Substitution Assistance for the Government of Burma. [<-Struck out]

    SEC. 570. None of the funds made available in this Act may be used for international narcotics control assistance under chapter 8 of part I of the Foreign Assistance Act of 1961, or crop substitution assistance, directly for the Government of Burma unless the Secretary of State certifies to the appropriate congressional committees that any such programs are fully consistent with United States human rights concerns in Burma and serve a vital United States national interest. The President shall include in the annual International Narcotics Control Strategy Report submitted under chapter 8 of part I of the Foreign Assistance Act of 1961 a description of the programs funded under this section.

( 158 ) asian development bank

    SEC. 570A. The Secretary of the Treasury may, to fulfill commitments of the United States, subscribe to and make payment for shares of the Asian Development Bank in connection with the fourth general capital increase of the Bank. The amount authorized to be appropriated for paid-in shares of the Bank is limited to $66,614,647; the amount authorized to be appropriated for payment for callable shares of the Bank is limited to $3,264,178,021. The amount to be paid in respect of each subscription is authorized to be appropriated without fiscal year limitation. Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.

( 159 ) special debt relief for the poorest

    SEC. 570B. (a) AUTHORITY TO REDUCE DEBT- The President may reduce amounts owed to the United States (or any agency of the United States) by an eligible country as a result of--

      (1) guarantees issued under sections 221 and 222 of the Foreign Assistance Act of 1961; or

      (2) credits extended or guarantees issued under the Arms Export Control Act.

    (b) Limitations-

      (1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and referendum agreements, commonly referred to as ‘Paris Club Agreed Minutes’.

      (2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided in advance by appropriations Acts.

      (3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens that are eligible to borrow from the International Development Association, but not from the International Bank for Reconstruction and Development, commonly referred to as ‘IDA-only’ countries.

    (c) CONDITIONS- The authority provided by subsection (a) may be exercised only with respect to a country whose government--

      (1) does not have an excessive level of military expenditures;

      (2) has not repeatedly provided support for acts of international terrorism;

      (3) is not failing to cooperate on international narcotics control matters;

      (4) (including its military or other security forces) does not engage in a consistent pattern of gross violations of internationally recognized human rights; and

      (5) is not ineligible for assistance because of the application of section 527 of the Foreign Relations Authorization Act, fiscal years 1994 and 1995.

    (d) AVAILABILITY OF FUNDS- The authority provided by subsection (a) may be used only with regard to funds appropriated by this Act under the heading ‘Debt Restructuring’.

    (e) CERTAIN PROHIBITIONS INAPPLICABLE- A reduction of debt pursuant to subsection (a) shall not be considered assistance for purposes of any provision of law limiting assistance to a country. The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961.

( 160 ) [Struck out->] limitation on funds for russia [<-Struck out]

    [Struck out->] SEC. 571. Of the funds appropriated in this Act under the heading ‘Assistance for the New Independent States of the Former Soviet Union’, not more than $195,000,000 may be made available for Russia. [<-Struck out]

( 161 ) [Struck out->] limitation on assistance to mexico [<-Struck out]

    [Struck out->] SEC. 572. IN GENERAL- None of the funds appropriated or otherwise made available by this Act may be obligated or expended for the Government of Mexico, except if it is made known to the Federal entity or official to which funds are appropriated under this Act that-- [<-Struck out]

      [Struck out->] (1) the Government of Mexico is taking actions to reduce the amount of illegal drugs entering the United States from Mexico, as determined by the Director of the Office of National Drug Control Policy; and [<-Struck out]

      [Struck out->] (2) the Government of Mexico-- [<-Struck out]

        [Struck out->] (A) is taking effective actions to apply vigorously all law enforcement resources to investigate, track, capture, incarcerate, and prosecute illegal drug kingpins and their accomplices, individuals responsible for, or otherwise involved in, corruption, and individuals involved in money-laundering; and [<-Struck out]

        [Struck out->] (B) is pursuing international anti-drug trafficking initiatives. [<-Struck out]

( 162 ) [Struck out->] human rights progress in ethiopia [<-Struck out]

    [Struck out->] SEC. 573. The Department of State should closely monitor and take into account human rights progress in Ethiopia as it obligates fiscal year 1996 funds for Ethiopia appropriated in this Act. [<-Struck out]

( 163 ) [Struck out->] basic education for children [<-Struck out]

    [Struck out->] Sec. 574. Not more than $108,000,000 under the Agency for International Development Children and Disease Programs Fund may be used for basic education for children. [<-Struck out]

( 164 ) korean peninsula energy development organization

    SEC. 575. No funds may be made available under this Act to the Korean Peninsula Energy Development Organization (KEDO) unless the President determines and certifies in writing to the Committees on Appropriations that--

      (a) in accordance with Section 1 of the Agreed Framework, KEDO has designated a Republic of Korea company, corporation or entity for the purpose of negotiating a prime contract to carry out construction of the light water reactors provided for in the Agreed Framework; and

      (b) the DPRK is maintaining the freeze on its nuclear facilities as required in the Agreed Framework; and

      (c) the United States is taking steps to assure that progress is made on (1) the North South dialogue, including efforts to reduce barriers to trade and investment, such as removing restrictions on travel, telecommunications services and financial transactions; and (2) implementation of the January 1, 1992 Joint Declaration on the Denuclearization of the Korean Peninsula;

      (d) a report on the specific efforts with regard to subsection (c) shall be submitted by the President to the Committees on Appropriations six months after the date of enactment, and every six months thereafter.

( 165 ) drawdown authority for jordan

    SEC. 576. During fiscal year 1996, the President may direct, for the purposes of part II of the Foreign Assistance Act of 1961, the drawdown for Jordan of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training of up to an aggregate of $100,000,000: Provided, That--

      (a) within six months of the last drawdown under subsection (a), the President shall submit a report to the Committee on Appropriations identifying the articles, services, training or education provided;

      (b) section 506(c) of the Foreign Assistance Act of 1961 shall apply to the drawdown authority in this section; and

      (c) section 632(d) of the Foreign Assistance Act of 1961 shall not apply with respect to drawdowns under this section.

    ( 166 ) sec. 577. federal prohibition of female genital mutilation.

    (a) TITLE 18 Amendment-

      (1) IN GENERAL- Chapter 7 of title 18, United States Code, is amended by adding at the end the following new section:

‘Sec. 116. Female genital mutilation

    ‘(a) Except as provided in subsection (b), whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both.

    ‘(b) A surgical operation is not a violation of this section if the operation is--

      ‘(1) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioner; or

      ‘(2) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife.

    ‘(c) In applying subsection (b)(1), no account shall be taken of the effect on the person on whom the operation is to be performed of any belief on the part of that or any other person that the operation is required as a matter of custom or ritual.

    ‘(d) Whoever knowingly denies to any person medical care or services or otherwise discriminates against any person in the provision of medical care or services, because--

      ‘(1) that person has undergone female circumcision, excision, or infibulation; or

      ‘(2) that person has requested that female circumcision, excision, or infibulation be performed on any person;

    shall be fined under this title or imprisoned not more than one year, or both.’.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 7 of title 18, United States Code, is amended by adding at the end the following new item:

      ‘116. Female genital mutilation.’.

    (b) INFORMATION AND EDUCATION REGARDING FEMALE GENITAL MUTILATION-

      (1) IN GENERAL- The Secretary of Health and Human Services shall carry out the following activities:

        (A) Compile data on the number of females living in the United States who have been subjected to female genital mutilation (whether in the United States or in their countries of origin), including a specification of the number of girls under the age of 18 who have been subjected to such mutilation.

        (B) Identify communities in the United States that practice female genital mutilation, and design and carry out outreach activities to educate individuals in the communities on the physical and psychological health effects of such practice. Such outreach activities shall be designed and implemented in collaboration with representatives of the ethnic groups practicing such mutilation and with representatives of organizations with expertise in preventing such practice.

        (C) Develop recommendations for the education of students of schools of medicine and osteopathic medicine regarding female genital mutilation and complications arising from such mutilation. Such recommendations shall be disseminated to such schools.

      (2) DEFINITION- For purposes of this subsection, the term ‘female genital mutilation’ means the removal or infibulation (or both) of the whole or part of the clitoris, the labia minor, or the labia major.

    (c) EFFECTIVE DATES-

      (1) Subsection (b) shall take effect immediately, and the Secretary of Health and Human Services shall commence carrying it out not later than 90 days after the date of the enactment of this Act.

      (2) Subsection (a) shall take effect 180 days after the date of the enactment of this Act.

( 167 ) liberia

    SEC. 578. (a) The Congress finds that--

      (1) the war in Liberia begun in 1989 has devastated that country, with more than 150,000 people killed, 800,000 people forced to flee to other countries, and thousands of children conscripted into the rebel armies;

      (2) after nearly six years of conflict, on August 19, 1995, the Liberia factions signed a peace agreement in Abuja, Nigeria; and

      (3) the Liberian faction leaders and regional powers appear to be committed to the most recent peace accord, including the installation of the new ruling council.

    (b) It is the sense of the Congress that the United States should strongly support the peace process in Liberia, including diplomatic engagement, support for the west Africa peacekeeping force, humanitarian assistance, and assistance for demobilizing troops and for the resettlement of refugees.

    (c) Section 1(b)(2) of Public Law 102-270 is amended by striking ‘to implement the Yamoussoukro accord’.

    ( 168 ) SEC. 579. Index of Economic Freedom.

    (a) REPORTING REQUIREMENT- The President shall include in the congressional presentation materials on United States bilateral economic assistance submitted to the appropriate congressional committees for a fiscal year a report providing a concise overview of the prospects for economic growth on a broad, equitable, and sustainable basis in the countries receiving economic assistance under title II of this Act. For each country, the report shall discuss the laws, policies and practices of that country that most contribute to or detract from the achievement of this kind of growth. The report should address relevant macroeconomic, microeconomic, social, legal, environmental, and political factors and include economic freedom criteria regarding policies wage and price controls, State ownership of production and distribution, State control of financial institutions, trade and foreign investment, capital and profit repatriation, tax and private property protections.

    (b) COUNTRIES- The countries referred to in subsection (a) are countries--

      (1) for which in excess a total of $5,000,000 has been obligated during the previous fiscal year for assistance under sections 103 through 106, chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961, and under the Support for Eastern Democracy Act of 1989; or

      (2) for which in excess of $1,000,000 has been obligated during the previous fiscal year for assistance administered by the Overseas Private Investment Corporation.

    (c) CONSULTATION- The Secretary of State shall submit the report required by subsection (a) in consultation with the Secretary of the Treasury, the Administrator of the Agency for International Development, and the President of the Overseas Private Investment Corporation.

    ( 169 ) Sec. 580. To the maximum extent possible, the funds provided by this Act shall be used to provide surveying and mapping related services through contracts entered into through competitive bidding to qualified United States contractors.

    ( 170 ) sec. 581. energy savings at federal facilities.

    (a) REDUCTION IN FACILITIES ENERGY COSTS- The head of each agency for which funds are made available under this Act shall take all actions necessary to achieve during fiscal year 1996 a 5 percent reduction, from fiscal year 1995 levels, in the energy costs of the facilities used by the agency.

    (b) USE OF COST SAVINGS- An amount equal to the amount of cost savings realized by an agency under subsection (a) shall remain available for obligation through the end of fiscal year 1997, without further authorization or appropriation, as follows:

      (1) CONSERVATION MEASURES- Fifty percent of the amount shall remain available for the implementation of additional energy conservation measures and for water conservation measures at such facilities used by the agency as are designated by the head of the agency.

      (2) OTHER PURPOSES- Fifty percent of the amount shall remain available for use by the agency for such purposes as are designated by the head of the agency, consistent with applicable law.

    (c) REPORT-

      (1) IN GENERAL- Not later than December 31, 1996, the head of each agency described in subsection (a) shall submit a report to Congress specifying the results of the actions taken under subsection (a) and providing any recommendations concerning how to further reduce energy costs and energy consumption in the future.

      (2) CONTENTS- Each report shall--

        (A) specify the total energy costs of the facilities used by the agency;

        (B) identify the reductions achieved; and

        (C) specify the actions that resulted in the reductions.

    ( 171 ) SEC. 582. Reports Regarding Hong Kong.

    (a) EXTENSION OF REPORTING REQUIREMENT- Section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) is amended in the text above paragraph (1)--

      (1) by inserting ‘March 31, 1996,’ after ‘March 31, 1995,’; and

      (2) by striking ‘and March 31, 2000,’ and inserting ‘March 31, 2000, and every year thereafter,’.

    (b) ADDITIONAL REQUIREMENTS- In light of deficiencies in reports submitted to the Congress pursuant to section 301 of the United States-Hong Kong Policy Act (22 U.S.C. 5731), the Congress directs that reports required to be submitted under that section on or after the date of enactment of this Act include detailed information on the status of, and other developments affecting, implementation of the Sino-British Joint Declaration on the Question of Hong Kong, including--

      (1) the Basic Law and its consistency with the Joint Declaration;

      (2) the openness and fairness of elections to the legislature;

      (3) the openness and fairness of the election of the chief executive and the executive’s accountability to the legislature;

      (4) the treatment of political parties;

      (5) the independence of the judiciary and its ability to exercise the power of final judgment over Hong Kong law; and

      (6) the Bill of Rights.

    ( 172 ) SEC. 583. Honduras.

    (a) FINDINGS- The Congress makes the following findings:

      (1) In 1981, a secret Honduran army death squad known as Battalion 316 was created. During the 1980’s Battalion 316 engaged in a campaign of systematically kidnapping, torturing and murdering suspected subversives. Victims included Honduran students, teachers, labor leaders and journalists. In 1993 there were reportedly 184 unsolved cases of persons who were allegedly ‘disappeared’. They are presumed dead.

      (2) At the time, Administration officials were aware of the activities of Battalion 316, but in its 1983 human rights report the State Department stated that ‘There are no political prisoners in Honduras’.

    (b) DECLASSIFICATION OF DOCUMENTS- It is the sense of the Congress that the President should order the expedited declassification of any documents in the possession of the United States Government pertaining to persons who allegedly ‘disappeared’ in Honduras, and promptly make such documents available to Honduran authorities who are seeking to determine the fate of these individuals.

    ( 173 ) sec. 584. report on russian military operations.

    (a) No later than three months after the date of enactment of this Act, the President shall declassify, to the maximum extent possible, and resubmit to the Congress the report submitted to the Congress pursuant to section 528 of Public Law 103-236, with an addendum updating the information in the report.

    (b) The addendum referred to in subsection (a) shall be unclassified to the maximum extent possible and shall address, inter alia--

      (1) Russian compliance or lack of compliance with the Russian-Moldovan agreement of October 24, 1994, providing for the withdrawal of Russian military forces from Moldova, subsequent Russian deployments of military forces to Moldova and Russian efforts to secure long-term military basing rights in Moldova;

      (2) possible Russian complicity in the coup attempt of September-October 1994 against the Government of Azerbaijan and the exertion of Russian pressure to influence decisions regarding the path of pipelines that will carry Azerbaijani oil;

      (3) Russian efforts or agreements to assume partial or complete responsibility for securing the borders of countries other than Russia, using troops of the Russian Ministry of Defense, Ministry of the Interior or any other security agency of the Russian Federation;

      (4) Russian efforts to integrate its armed forces, other security forces, or intelligence agencies with those of any other country and the relationship of such efforts to the development of institutions under the Commonwealth of Independent States; and

      (5) Russian compliance with the Treaty on Conventional Armed Forces in Europe and the Organization on Security and Cooperation in Europe’s Code of Conduct on the Politico-Military Aspects of Security.

( 174 ) limitation on assistance to countries that restrict the transport or delivery of united states humanitarian assistance

    SEC. 585. (a) IN GENERAL- None of the funds made available in this Act may be used for assistance in support of any country when it is made known to the President that the government of such country prohibits or otherwise restricts, directly of indirectly, the transport or delivery of United States humanitarian assistance.

    (b) EXCEPTION- Subsection (a) shall not apply to assistance in support of any country when it is made known to the President that the assistance is in the national security interest of the United States.

    ( 175 ) SEC. 586. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, $20,000,000 OF THE FUNDS MADE AVAILABLE UNDER THIS ACT FOR OR THROUGH THE AGENCY FOR INTERNATIONAL DEVELOPMENT SHALL BE TRANSFERRED TO, AND MERGED WITH, THE APPROPRIATIONS ACCOUNT ENTITLED ‘ international narcotics control’ and shall be available for the same purposes for which funds in such account are available.

    ( 176 ) SEC. 587. Guatemala.

    (a) FINDINGS- The Congress makes the following findings:

      (1) The Government of Guatemala, under President De Leon Carpio, has made significant progress towards negotiating an end to Guatemala’s civil conflict which has resulted in numerous human rights violations, claimed tens of thousands of lives and impeded economic development in that country;

      (2) President De Leon Carpio has taken steps to improve human rights, including his support for the United Nations mission for the verification of human rights and of compliance with the commitments of the comprehensive agreement of human rights in Guatemala (Minugua) and his recent decision to abolish the military commissioners, but his efforts to bring human rights violators to justice have been impeded by certain members of the Guatemalan armed forces;

      (3) Despite numerous appeals by the families of victims of human rights abuses, human rights organizations and Members of the United States Congress, there has been minimal progress towards resolving specific human rights cases including cases involving American citizens or their relatives;

      (4) President De Leon Carpio deserves the support of the United States in his efforts to resolve Guatemala’s conflict peacefully, to support Democratic elections, and to improve respect for human rights.

    (b) LIMITATIONS- Notwithstanding any other provisions of law--

      (1) No assistance in this act or any other act shall be made available to the Guatemalan Armed Forces or the URNG;

      (2) No sales of defense articles or services shall be licensed or approved for Guatemala for the Armed Forces or URNG; and

      (3) No visas shall be granted for any member of the Guatemalan Armed Forces or the URNG suspected of participating in or ordering any violation of human rights or of seeking to coverup or otherwise thwart the investigation of such acts.

    (c) CERTIFICATION- The limitations contained in subsection (b) shall cease to apply when the President certifies to the Committee on Appropriations and the Committee on Foreign Relations that--

      (1) The Guatemalan Armed Forces and the URNG are fully cooperating with efforts--

        (A) By the family of United States citizen Michael Devine who was murdered in 1990 to bring to justice those responsible for the murder or coverup of the murder;

        (B) The October 1994 murders of Roderico Baudilio De Leon and Flavio Matias Marroquin

        (C) By Jennifer Harbury to exhume the body of her husband, Efrain Bamaca Velasquez; and

        (D) By human rights organizations and the Guatemalan Attorney General to investigate and bring to justice those involved in the prominent human rights cases committed by both sides to the conflict, including those cases enumerated in the April 7, 1995 letter to President Clinton by twelve Members of the United States Senate.

      (2) The Guatemalan Government and Armed Forces are complying with the recommendations in Minugua’s first and second reports, particularly those related to the investigation and prosecution of human rights cases.

      (3) The United States Representative to the United Nations Human Rights Commission has consulted with Representatives of other member States to determine whether respect for human rights would be enhanced by the appointment of a special United Nations Rapporteur for Guatemala.

    ( 177 ) Sec. 588. (a) The Senate finds the following:

      (1) Since March 1995 the Peruvian Government has engaged in an aggressive air interdiction program to prevent narcotics traffickers from violating Peruvian airspace for the purpose of transporting illegal narcotics to Colombia.

      (2) As a result of the Peruvian interdiction program, the number of illicit flights detected in recent months has dropped to its lowest level in over three years and the price of transporting narcotics out of Peru has risen by as much as 500 percent.

      (3) The inability of the traffickers to move cocaine base out of Peru has produced a glut of coca leaf and cocaine base in Peru with a resulting 50 percent decline in the price.

      (4) The Peruvian Government’s ability to sustain the success of its interdiction program is dependent on the maintenance and upkeep of a very limited number of aircraft.

      (5) As a result of the internal Peruvian political situation and the conflict earlier this year between Peru and Ecuador, the United States suspended military transfers to Peru.

      (6) As much as 80 percent of the cocaine that reaches the United States comes from coca grown in Peru and the disruption of the air corridor between Peru and Colombia is important to United States counter narcotics efforts.

      (7) The situations which led to the cutoff of military equipment for the air interdiction effort have been satisfactorily resolved or have progressed to a point where the cutoff of this military equipment is no longer in the interest of the United States.

    (b) It is the sense of the Senate that the President should, as soon as possible, provide limited spare parts and other military equipment to the Government of Peru in support of Peruvian Air Force efforts to monitor, intercept and interdict aircraft and other forms of transportation engaged in illegal narcotics trafficking activities.

    ( 178 ) Sec. 589. Of the funds appropriated for Turkey under the heading ‘Economic Assistance’, not less than $5,000,000 shall be made available only through non-governmental organizations to be used only for projects in the ten southeastern provinces currently under a state of emergency, and shall be used only for projects designed to promote economic development, cultural and ethnic tolerance, and human rights activities, and to support the development and activities of non-governmental organizations.

    ( 179 ) sec. 590. hong kong elections.

    (a) FINDINGS- The Congress finds the following:

      (1) The right to an elected legislature in Hong Kong is guaranteed by the 1984 Sino-British Joint Declaration on the Question of Hong Kong.

      (2) The United States-Hong Kong Policy Act declared the Congress’s support for full implementation of the 1984 Sino-British Joint Declaration;

      (3) The People’s Republic of China declared in the Joint Declaration that Hong Kong would be ‘vested legislative, executive and independent judicial power’ and would have ‘a legislature constituted by elections’.

      (4) On September 17, 1995, the highest number of Hong Kong voters ever demonstrated their commitment to democracy by freely expressing their right to vote in the Legislative Council elections.

      (5) The voters of Hong Kong have overwhelmingly expressed their desire for the establishment of a fully democratic government by electing 60 Legislative Councillors for four-year terms.

    (b) SENSE OF CONGRESS- It is the sense of the Congress that--

      (1) the people of Hong Kong are to be congratulated for exercising their right to vote on September 17, 1995;

      (2) the People’s Republic of China should respect the clear will of the people of Hong Kong to have a fully democratic government;

      (3) the Government of the People’s Republic of China should enter into a dialogue with the democratically elected representatives of the Hong Kong people; and

      (4) the Government of the People’s Republic of China should respect the mandate of the elected members by withdrawing its pledge to abolish the Legislative Council in violation of the Joint Declaration’s provisions on Hong Kong’s legislature and autonomy in all but defense and foreign affairs.

    ( 180 ) SEC. 591. Sense of the Senate on Thailand.

    (a) FINDINGS- The Senate makes the following findings--

      (1) the Royal Thai Government has had a policy of not supporting or cooperating with the Khmer Rouge; and

      (2) Thailand is host to large numbers of persons displaced from neighboring countries, including Burma, placing a significant burden on Thailand’s economy.

    (b) SENSE OF THE SENATE- It is the sense of the Senate that the President should--

      (1) affirm to the Royal Thai Government the support of the United States for that Government’s policy not to support or cooperate with the Khmer Rouge and encourage the Royal Thai Government to prosecute vigorously its efforts to prevent cooperation between individual members of the Royal Thai Armed Forces and the Khmer Rouge; and

      (2) take appropriate steps to assist the Royal Thai Government in providing and facilitating relief to displaced persons from Burma and other neighboring countries and to encourage that Government to fully cooperate in such relief efforts.

    ( 181 ) SEC. 592. Extension of Tied Aid Credit Program- (a) Section 10(c)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i-3(c)(2)) is amended by striking ‘1995’ and inserting ‘1997’.

    (b) Section 10(e) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i-3(e)) is amended by striking ‘1993, 1994, and 1995’ and inserting ‘1996 and 1997’.

    SEC. 593. AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT- Notwithstanding section 4701(a)(1)(A) of title 5, United States Code, the Export-Import Bank of the United States may conduct a demonstration project in accordance with section 4703 of such title 5.

( 182 ) conventional weapons review

    SEC. 594. (a) FINDINGS- The Congress makes the following findings:

      (1) On September 26, 1994, the President declared that it is a goal of the United States to eventually eliminate antipersonnel landmines.

      (2) On December 15, 1994, the United Nations General Assembly adopted a resolution sponsored by the United States which called for international efforts to eliminate antipersonnel landmines.

      (3) According to the Department of State, there are an estimated 80,000,000 to 110,000,000 unexploded landmines in 62 countries.

      (4) Antipersonnel landmines are routinely used against civilian populations and kill and maim an estimated 70 people each day, or 26,000 people each year.

      (5) The Secretary of State has noted that landmines are ‘slow-motion weapons of mass destruction’.

      (6) There are hundreds of varieties of antipersonnel landmines, from a simple type available at a cost of only two dollars to the more complex self-destructing type, and all landmines of whatever variety kill and maim civilians, as well as combatants, indiscriminately.

    (b) CONVENTIONAL WEAPONS CONVENTION REVIEW- It is the sense of Congress that, at the United Nations conference to review the 1980 Conventional Weapons Convention, including Protocol II on landmines, that is to be held from September 25 to October 13, 1995, the President should actively support proposals to modify Protocol II that would implement as rapidly as possible the United States goal of eventually eliminating antipersonnel landmines.

    (c) MORATORIUM ON USE OF ANTIPERSONNEL LANDMINES- (1) UNITED STATES MORATORIUM- (A) For a period of one year beginning three years after the date of the enactment of this Act, the United States shall not use antipersonnel landmines except along internationally recognized national borders or in demilitarized zones within a perimeter marked area that is monitored by military personnel and protected by adequate means to ensure the exclusion of civilians.

    (B) If the President determines, before the end of the one year period of the United States moratorium under subparagraph (A), that the governments of other nations are implementing moratoria on use of antipersonnel landmines similar to the United States moratorium, the President may extend the period of the United States moratorium for such additional period as the President considers appropriate.

    (2) OTHER NATIONS- It is the sense of Congress that the President should actively encourage the governments of other nations to join the United States in solving the global landmine crisis by implementing moratoria on use of antipersonnel landmines similar to the United States moratorium as a step toward the elimination of antipersonnel landmines.

    (d) ANTIPERSONNEL LANDMINE EXPORTS- It is the sense of Congress that, consistent with the United States moratorium on exports of antipersonnel landmines and in order to further discourage the global proliferation of antipersonnel landmines, the United States Government should not sell, license for export, or otherwise transfer defense articles and services to any foreign government which, as determined by the President, sells, exports, or otherwise transfers antipersonnel landmines.

    (e) DEFINITIONS- For purposes of this Act:

      (1) ANTIPERSONNEL LANDMINE- (A) The term ‘antipersonnel landmine’ means any munition placed under, on, or near the ground or other surface area, delivered by artillery, rocket, mortar, or similar means, or dropped from an aircraft and which is designed, constructed, or adapted to be detonated or exploded by the presence, proximity, or contact of a person.

      (B) The term ‘antipersonnel landmine’ does not include command detonated Claymore munitions.

      (2) 1980 CONVENTIONAL WEAPONS CONVENTION- The term ‘1980 Conventional Weapons Convention’ means the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indiscriminate Effects, together with the protocols relating thereto, done at Geneva on October 10, 1980.

    ( 183 ) sec. 595. extension of au pair programs.

    Section 8 of the Eisenhower Exchange Fellowship Act of 1990 is amended in the last sentence by striking ‘fiscal year 1995’ and inserting ‘fiscal year 1998’.

    ( 184 ) Sec. 596. Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91-672 and section 15 of the State Department Basic Authorities Act of 1956: Provided, That this section shall not apply with respect to any accounts for which a general authorization of appropriations for fiscal year 1996 is enacted in law on or before April 1, 1996.

    ( 185 ) sec. 597. croatian-american enterprise fund.

    (a) DESIGNATION OF FUND- The President shall designate a private, nonprofit organization as eligible to receive funds and support pursuant to this section with respect to Croatia in the same manner and with the same limitations as set forth in section 201(d) of the Support for East European Democracy (SEED) Act of 1989. Such organization shall be known as the ‘Croatian-American Enterprise Fund’.

    (b) APPLICATION OF SEED ACT- Except as otherwise specifically provided in this section, the provisions contained in section 201 of the Support for East European Democracy (SEED) Act of 1989 (excluding the authorizations of appropriations provided in subsection (b) of that section) shall apply to the Croatian-American Enterprise Fund. The officers, members, or employees of the Croatian-American Enterprise Fund shall enjoy the same status under law that is applicable to officers, members, or employees of the Enterprise Funds for Poland and Hungary under the Support for East European Democracy (SEED) Act of 1989.

    (c) AUTHORIZATION OF APPROPRIATIONS- (1) There are authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $12,000,000 for fiscal year 1996 to fund the Croatian-American Enterprise Fund established under subsection (a).

    (2) Funds appropriated under this subsection are authorized to remain available until expended.

    (d) APPROPRIATIONS- Of the funds appropriated or otherwise made available by this Act under the heading entitled ‘ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES’, $12,000,000 shall be available only to support the Croatian-American Fund established by subsection (a).

    ( 186 ) sec. 598. sanctions against countries harboring war criminals.

    (a) BILATERAL ASSISTANCE- Assistance may not be provided in any fiscal year under the Foreign Assistance Act of 1961 or the Arms Export Control Act for any country described in subsection (c).

    (b) MULTILATERAL ASSISTANCE- The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions each fiscal year to work in opposition to, and vote against, any extension by such institutions of financing or financial or technical assistance to any country described in subsection (c).

    (c) SANCTIONED COUNTRIES- A country described in this subsection is a country the government of which permits entry into or presence in the territory of such country to any person--

      (1) who has been indicted by the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, or any other international tribunal with similar standing under international law, or

      (2) who has been indicted for war crimes or crimes against humanity committed during the period beginning March 23, 1933 and ending on May 8, 1945 under the direction of, or in association with--

        (A) the Nazi government of Germany;

        (B) any government in any area occupied by the military forces of the Nazi government of Germany;

        (C) any government which was established with the assistance or cooperation of the Nazi government of Germany; or

        (D) any government which was an ally of the Nazi government of Germany.

    (d) DEFINITIONS- As used in this section--

      (1) the term ‘international financial institutions’ includes the International Bank for Reconstruction and Development, the International Development Association, the International Monetary Fund, the European Bank for Reconstruction and Development, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Inter-American Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, and the Asian Development Bank; and

      (2) the term ‘war crime’ includes any offense which is--

        (A) a grave breach of any of the four Geneva Conventions for the Protection of War Victims of August 12, 1949;

        (B) a violation of the Hague Convention (IV) Respecting the Laws and Customs of War on Land of October 18, 1907, or the Regulations annexed thereto;

        (C) a violation of the Convention on the Prevention and Punishment of the Crime of Genocide of December 9, 1948; or

        (D) a violation of the Charter of the International Military Tribunal of August 8, 1945.

    ( 187 ) SEC. 599. Russian Compliance With the CFE Treaty and Priorities for Modifying Existing Arms Control Treaties- It is the sense of the Senate that--

    (a) the failure by the Russian Federation to meet any obligation under the Treaty of the Conventional Armed Forces in Europe shall constitute non-compliance with the Treaty;

    (b) the United States should insist on full compliance by the Russian Federation with all of the obligations of the Treaty on Conventional Armed Forces in Europe;

    (c) the Treaty on Conventional Armed Forces in Europe provides adequate means by which the Russian Federation can meet its claimed military requirements for treaty-limited equipment in the flank zone defined by Article V of the Treaty, including movement of equipment within the flank zone, temporary deployment of additional equipment to the flank zone, and the temporary removal of equipment from designated permanent storage sites located in the flank zone.

( 188 ) TITLE VI--MIDDLE EAST PEACE FACILITATION ACT OF 1995

SHORT TITLE

    SEC. 601. This title may be cited as the ‘Middle East Peace Facilitation Act of 1995’.

FINDINGS

    SEC. 602. The Congress finds that--

      (1) the Palestine Liberation Organization (hereafter the ‘P.L.O.’) has recognized the State of Israel’s right to exist in peace and security; accepted United Nations Security Council Resolutions 242 and 338; committed itself to the peace process and peaceful coexistence with Israel, free from violence and all other acts which endanger peace and stability; and assumed responsibility over all P.L.O. elements and personnel in order to assure their compliance, prevent violations, and discipline violators;

      (2) Israel has recognized the P.L.O. as the representative of the Palestinian people;

      (3) Israel and the P.L.O. signed a Declaration of Principles on Interim Self-Government Arrangements (hereafter the ‘Declaration of Principles’) on September 13, 1993 at the White House;

      (4) Israel and the P.L.O. signed an Agreement on the Gaza Strip and the Jericho Area (hereafter the ‘Gaza-Jericho Agreement’) on May 4, 1994 which established a Palestinian Authority for the Gaza and Jericho areas;

      (5) Israel and the P.L.O. signed an Agreement on Preparatory Transfer of Powers and Responsibilities (hereafter the ‘Early Empowerment Agreement’) on August 29, 1994 which provided for the transfer to the Palestinian Authority of certain powers and responsibilities in the West Bank outside of the Jericho Area;

      (6) under the terms of the Declaration of Principles, the Gaza-Jericho Agreement and the Early Empowerment Agreement, the powers and responsibilities of the Palestinian Authority are to be assumed by an elected Palestinian Council with jurisdiction in the West Bank and Gaza Strip in accordance with the Interim Agreement to be concluded between Israel and the P.L.O.;

      (7) permanent status negotiations relating to the West Bank and Gaza Strip are scheduled to begin by May 1996;

      (8) the Congress has, since the conclusion of the Declaration of Principles and the P.L.O.’s renunciation of terrorism, provided authorities to the President to suspend certain statutory restrictions relating to the P.L.O., subject to Presidential certifications that the P.L.O. has continued to abide by commitments made in and in connection with or resulting from the good faith implementation of, the Declaration of Principles;

      (9) the P.L.O. commitments relevant to Presidential certifications have included commitments to renounce and condemn terrorism, to submit to the Palestinian National Council for formal approval the necessary changes to those articles of the Palestinian Covenant which call for Israel’s destruction, and to prevent acts of terrorism and hostilities against Israel; and

      (10) the President, in exercising the aforementioned authorities, has certified to the Congress on four occasions that the P.L.O. was abiding by its relevant commitments.

SENSE OF CONGRESS

    SEC. 603. It is the sense of the Congress that although the P.L.O. has recently shown improvement in its efforts to fulfill its commitments, it must do far more to demonstrate an irrevocable denunciation of terrorism and ensure a peaceful settlement of the Middle East dispute, and in particular it must--

      (1) submit to the Palestine National Council for formal approval the necessary changes to those articles of the Palestinian National Covenant which call for Israel’s destruction;

      (2) make greater efforts to pre-empt acts of terror, to discipline violators and to contribute to stemming the violence that has resulted in the deaths of 123 Israeli citizens since the signing of the Declaration of Principles;

      (3) prohibit participation in its activities and in the Palestinian Authority and its successors by any groups or individuals which continue to promote and commit acts of terrorism;

      (4) cease all anti-Israel rhetoric, which potentially undermines the peace process;

      (5) confiscate all unlicensed weapons and restrict the issuance of licenses to those with legitimate need;

      (6) transfer and cooperate in transfer proceedings relating to any person accused by Israel to acts of terrorism; and

      (7) respect civil liberties, human rights and democratic norms.

AUTHORITY TO SUSPEND CERTAIN PROVISIONS

    SEC. 604. (a) IN GENERAL- Subject to subsection (b), beginning on the date of enactment of this Act and for twelve months thereafter, the President may suspend for a period of not more than 6 months at a time any provision of law specified in subsection (d). Any such suspension shall cease to be effective after 6 months, or at such earlier date as the President may specify.

    (b) Conditions-

      (1) CONSULTATIONS- Prior to each exercise of the authority provided in subsection (a) or certification pursuant to subsection (c), the President shall consult with the relevant congressional committees. The President may not exercise that authority or make such certification until 30 days after a written policy justification is submitted to the relevant congressional committees.

      (2) PRESIDENTIAL CERTIFICATION- The President may exercise the authority provided in subsection (a) only if the President certifies to the relevant congressional committees each time he exercises such authority that--

        (A) it is in the national interest of the United States to exercise such authority;

        (B) the P.L.O. continues to comply with all the commitments described in paragraph (4); and

        (C) funds provided pursuant to the exercise of this authority and the authorities under section 583(a) of Public Law 103-236 and section 3(a) of Public Law 103-125 have been used for the purposes for which they were intended.

      (3) Requirement for continuing p.l.o. compliance-

        (A) The President shall ensure that P.L.O. performance is continuously monitored and if the President at any time determines that the P.L.O. has not continued to comply with all the commitments described in paragraph (4), he shall so notify the relevant congressional committees and any suspension under subsection (a) of a provision of law specified in subsection (d) shall cease to be effective.

        (B) Beginning six months after the date of enactment of this Act, if the President on the basis of the continuous monitoring of the P.L.O.’s performance determines that the P.L.O. is not complying with the requirements described in subsection (c), he shall so notify the relevant congressional committees and no assistance shall be provided pursuant to the exercise by the President of the authority provided by subsection (a) until such time as the President makes the certification provided for in subsection (c).

      (4) P.L.O. COMMITMENTS DESCRIBED- The commitments referred to in paragraphs (2) and (3)(A) are the commitments made by the P.L.O-

        (A) in its letter of September 9, 1993, to the Prime Minister of Israel; in its letter of September 9, 1993, to the Foreign Minister of Norway to--

          (i) recognize the right of the State of Israel to exist in peace and security;

          (ii) accept United Nations Security Council Resolutions 242 and 338;

          (iii) renounce the use of terrorism and other acts of violence;

          (iv) assume responsibility over all P.L.O. elements and personnel in order to assure their compliance, prevent violations and discipline violators;

          (v) call upon the Palestinian people in the West Bank and Gaza Strip to take part in the steps leading to the normalization of life, rejecting violence and terrorism, and contributing to peace and stability; and

          (vi) submit to the Palestine National Council for formal approval the necessary changes to the Palestinian National Covenant eliminating calls for Israel’s destruction, and

        (B) in, and resulting from, the good faith implementation of the Declaration of Principles, including good faith implementation of subsequent agreements with Israel, with particular attention to the objective of preventing terrorism, as reflected in the provisions of the Gaza-Jericho Agreement concerning--

          (i) prevention of acts of terrorism and legal measures against terrorists;

          (ii) abstention from and prevention of incitement, including hostile propaganda;

          (iii) operation of armed forces other than the Palestinian Police;

          (iv) possession, manufacture, sale, acquisition or importation of weapons;

          (v) employment of police who have been convicted of serious crimes or have been found to be actively involved in terrorist activities subsequent to their employment;

          (vi) transfers to Israel of individuals suspected of, charged with, or convicted of an offense that falls within Israeli criminal jurisdiction;

          (vii) cooperation with the government of Israel in criminal matters, including cooperation in the conduct of investigations; and

          (viii) exercise of powers and responsibilities under the agreement with due regard to internationally accepted norms and principles of human rights and the rule of law.

      (5) POLICY JUSTIFICATION- As part of the President’s written policy justification to be submitted to the relevant Congressional Committees pursuant to paragraph (1), the President will report on--

        (A) the manner in which the P.L.O. has complied with the commitments specified in paragraph (4), including responses to individual acts of terrorism and violence, actions to discipline perpetrators of terror and violence, and actions to preempt acts of terror and violence;

        (B) the extent to which the P.L.O. has fulfilled the requirements specified in subsection (c);

        (C) actions that the P.L.O. has taken with regard to the Arab League boycott of Israel;

        (D) the status and activities of the P.L.O. office in the United States; and

        (E) the status of U.S. and international assistance efforts in the areas subject to jurisdiction of the Palestinian Authority or its successors.

    (c) REQUIREMENT FOR CONTINUED PROVISION OF ASSISTANCE- Six months after the enactment of this Act, no assistance shall be provided pursuant to the exercise by the President of the authority provided by subsection (a), unless and until the President determines and so certifies to the Congress that--

      (1) if the Palestinian Council has been elected and assumed its responsibilities, it has, within a reasonable time, effectively disavowed and thereby nullified the articles of the Palestine National Covenant which call for Israel’s destruction, unless the necessary changes to the Covenant have already been submitted to the Palestine National Council for formal approval;

      (2) the P.L.O. has exercised its authority resolutely to establish the necessary enforcement institutions; including laws, police, and a judicial system, for apprehending, prosecuting, convicting, and imprisoning terrorists;

      (3) the P.L.O. has limited participation in the Palestinian Authority and its successors to individuals and groups that neither engage in nor practice terrorism or violence in the implementation of their political goals;

      (4) the P.L.O. has not provided any financial or material assistance or training to any group, whether or not affiliated with the P.L.O., to carry out actions inconsistent with the Declaration of Principles, particularly acts of terrorism against Israel;

      (5) the P.L.O. has cooperated in good faith with Israeli authorities in the preemption of acts of terrorism and in the apprehension and trial of perpetrators of terrorist acts in Israel, territories controlled by Israel and all areas subject to jurisdiction of the Palestinian Authority and its successors;

      (6) the P.L.O. has exercised its authority resolutely to enact and implement laws requiring the disarming of civilians not specifically licensed to possess or carry weapons;

      (7) the P.L.O. has not funded, either partially or wholly, or has ceased funding, either partially or wholly, any office, or other presence of the Palestinian Authority in Jerusalem; and

      (8) the P.L.O. is cooperating fully with the Government of the United States on the provision of information on United States nationals known to have been held at any time by the P.L.O. or factions thereof.

    (d) PROVISIONS THAT MAY BE SUSPENDED- The provisions that may be suspended under the authority of subsection (a) are the following:

      (1) Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) as it applies with respect to the P.L.O. or entities associated with it.

      (2) Section 114 of the Department of State Authorization Act, fiscal years 1984 and 1985 (22 U.S.C. 287e note) as it applies with respect to the P.L.O. or entities associated with it.

      (3) Section 1003 of the Foreign Relations Authorization Act, fiscal years 1988 and 1989 (22 U.S.C. 5202).

      (4) Section 37 of the Bretton Woods Agreement Act (22 U.S.C. 286W) as it applies on the granting to the P.L.O. of observer status or other official status at any meeting sponsored by or associated with the International Monetary Fund. As used in this paragraph, the term ‘other official status’ does not include membership in the International Monetary Fund.

    (e) RELEVANT CONGRESSIONAL COMMITTEES DEFINED- As used in this title, the term ‘relevant congressional committees’ means--

      (1) the Committee on International Relations, the Committee on Banking and Financial Services, and the Committee on Appropriations of the House of Representatives; and

      (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

( 189 ) limitation on assistance for haiti

    SEC. 605. (a) LIMITATION- None of the funds appropriated or otherwise made available by this Act or any other Act may be furnished to the Government of Haiti until the President determines and reports in writing to the Congress that--

      (1) the Government of Haiti has conducted or is conducting a thorough and professional investigation into, and prosecution of those responsible for the murder of Mireille Durocher de Bertin on March 28, 1995, and other possible cases of political or extrajudicial killings, including the 20 cases of ‘commando-style executions’ cited by the United Nations/Organization of American States International Civilian Mission in Haiti on September 12, 1995;

      (2)(A) the police and security forces of Haiti are not assassinating or abducting civilians, are not engaging in other acts of violence directed at civilians, and are controlling such activities by elements subject to the control of those forces; or

      (B) the Government of Haiti is investigating effectively the members within its police and security forces engaged in acts of violence against civilians, and has put in place effective policies to deter and punish such activities in the future.

      (3) the Government of Haiti has actively sought and encouraged a law enforcement service from outside Haiti to assist and monitor investigators of the Government of Haiti in their investigation of the murders cited in paragraph (1) above; and

      (4)(A) the Government of Haiti has cooperated fully and in a timely fashion with United States Federal Bureau of Investigation efforts to investigate the murder of Mireille Durocher de Bertin, including providing access to Haitian Government employees in a manner which facilitates prosecution of those responsible for her murder; or

      (B) the Government of Haiti has not cooperated fully and in a timely fashion with United States Federal Bureau of Investigation efforts to investigate the murder of Mireille Durocher de Bertin, including providing access to Haitian Government employees in a manner which facilitates prosecution of those responsible for her murder, in which case the President shall submit a detailed accounting of the areas of non-cooperation and his assessment of all the reasons for such non-cooperation by the Government of Haiti.

    (b) REPORT- Not later than 60 days after enactment of this section, the President shall report to the appropriate committees of Congress, based on information available to him, on the identity or identities of those responsible for the murder and any subsequent coverup, and on the status of the Government of Haiti’s investigation of--

      (1) the murder of American citizen Richard Andre Emmanuel on February 13, 1991;

      (2) the murders of Bastian Desrosiers, Stevenson Desrosiers, Jacques Nelio, Pierre Schiller and Louis Walky on July 26, 1991;

      (3) the murder of Reverand Sylvio Claude on September 17, 1991;

      (4) the murder of Roger Lanfontant on September 29, 1991;

      (5) the murder of Antoine Izmery on September 11, 1993; and

      (6) the murder of Minister of Justice Guy Malary on October 14, 1993.

    (c) HUMANITARIAN ASSISTANCE- Nothing in this section shall be construed to restrict the provision of humanitarian or electoral assistance to the Haitian people by non-governmental or private voluntary organizations.

    (d) WAIVER- The president may waive the requirements of this section if he determines and certifies to the appropriate committees of Congress that it is necessary to facilitate the safe and timely withdrawal of American forces from Haiti.

( 190 ) limitation on funds to the territory of the bosniac-croat federation

    SEC. 606. Funds appropriated by this Act for activities in the internationally-recognized borders of Bosnia and Herzegovina (other than refugee and disaster assistance and assistance for restoration of infrastructure, to include power grids, water supplies and natural gas) may only be made available for activities in the territory of the Bosniac-Croat Federation.

( 191 ) plan recommending a strategic reorganization of the united nations

    SEC. 607. (a) SENSE OF CONGRESS REGARDING UNITED NATIONS REFORM- It is the sense of Congress that--

      (1) the 50th anniversary of the United Nations provides an important opportunity for a comprehensive review of the strengths and weaknesses of the United Nations and for the identification and implementation of changes in the United Nation that would improve its ability to discharge effectively the objectives of the United Nations set forth in the United Nations Charter;

      (2) the structure of the United Nations system, which has evolved over 50 years, should be subject to a comprehensive review in order to identify the changes to the system that will best serve the interests of the United States and of the international community;

      (3) the United States, as the strongest member state of the United Nations, should lead this comprehensive review;

      (4) reforms that produce a smaller, more focused, more efficient United Nations with clearly defined missions are in the interest of the United States and of the United Nations;

      (5) the United States should develop a unified position in support of reforms at the United Nations that are broadly supported by both the legislative branch and the executive branch;

      (6) the need for reform of the United Nations is urgent; and

      (7) the failure to develop and implement promptly a strategic reorganization of the United Nations will result in a continued diminution of the relevance of the United Nations to United States foreign policy and to international politics generally.

    (b) UNITED NATIONS REORGANIZATION PLAN-

      (1) REQUIREMENT FOR PLAN- The President shall submit to Congress, together with the budget submitted pursuant to section 1105 of title 31, United States Code, for fiscal year 1997, a plan recommending a strategic reorganization of the United Nations.

      (2) REQUIREMENT RELATING TO DEVELOPMENT- The President shall develop the plan in consultation with Congress.

      (3) PLAN ELEMENTS- The plan should include the elements described in subsection (c) and such other recommendations as may be necessary to achieve the efficient, cost-effective conduct of the responsibilities of the United Nations.

    (c) CONTENTS OF REORGANIZATION PLAN- It is the sense of the Congress that the reorganization plan required by subsection (b)(1) should--

      (1) constitute a comprehensive statement of United States policy toward reform of the United Nations;

      (2) set forth an agenda to implement the reforms set forth in the plan in a timely manner;

      (3) include specific proposals to achieve--

        (A) a substantial reduction in the number of agencies within the United Nations system, including proposals to consolidate, abolish, or restructure mechanisms for financing agencies of the United Nations that have a low priority;

        (B) the identification and strengthening of the core agencies of the United Nations system that most directly serve the objectives of the United Nations set forth in the United Nations Charter;

        (C) the increased cooperation, and the elimination of duplication, among United Nations agencies and programs;

        (D) the consolidation of the United Nations technical cooperation activities between the United Nations Headquarters and the offices of the United Nations in Geneva, Switzerland, including the merger of the technical cooperation functions of the United Nations Development Program (UNDP), the United Nations Population Fund (UNFPA), the United Nations Environmental Program (UNEP), the United Nations Industrial Development Organization (UNIDO), the International Fund for Agricultural Development (IFAD), the United Nations Capital Development Fund (UNCDF), and the United Nations Development Fund for Women (UNIFEM);

        (E) the consolidation of the United Nations emergency response mechanism by merging the emergency functions of relevant United Nations agencies, including the United Nations Children’s Fund, the World Food Program, and the Office of the United Nations High Commissioner for Refugees;

        (F) a substantial reduction in, or elimination of, the cost and number of international conferences sponsored by the United Nations;

        (G) a significant strengthening of the administrative and management capabilities of the Secretary General of the United Nations, including a cessation of the practice of reserving top Secretariat posts for citizens of particular countries;

        (H) a significant increase in the openness to the public of the budget decision-making procedures of the United Nations; and

        (I) the establishment of a truly independent inspector general at the United Nations; and

      (4) include proposals to coordinate and implement proposals for reform of the United Nations such as those proposals set forth in the communique of the 21st annual summit of the Heads of State and Government of the seven major industrialized nations and the President of the European Commission at Halifax, Nova Scotia, dated June 15-17, 1995.

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TITLE VII--NATO PARTICIPATION ACT AMENDMENTS OF 1995

SECTION 701. SHORT TITLE.

    This title may be cited as the ‘NATO Participation Act Amendments of 1995’.

SEC. 702. FINDINGS.

    The Congress makes the following findings:

      (1) Since 1949, the North Atlantic Treaty Organization (NATO) has played an essential role in guaranteeing the security, freedom, and prosperity of the United States and its partners in the Alliance.

      (2) NATO has expanded its membership on three different occasions since 1949.

      (3) The sustained commitment of the member countries of NATO to mutual defense of their security ultimately made possible the democratic transformation in Central and Eastern Europe and the demise of the Soviet Union.

      (4) NATO was designed to be and remains a defensive military organization whose members have never contemplated the use of, or used, military force to expand the borders of its member states.

      (5) While the immediate threat to the security of the United States and its allies has been reduced with the collapse of the Iron Curtain, new security threats, such as the situation in Bosnia and Herzegovina, are emerging to the shared interests of the member countries of NATO.

      (6) NATO remains the only multilateral security organization capable of conducting effective military operations to protect Western security interests.

      (7) NATO has played a positive role in defusing tensions between NATO members and, as a result, no military action has occurred between two NATO member states since the inception of NATO in 1949.

      (8) NATO is also an important diplomatic forum for the discussion of issues of concern to its member states and for the peaceful resolution of disputes.

      (9) America’s security, freedom, and prosperity remain linked to the security of the countries of Europe.

      (10) Any threat to the security of the newly emerging democracies in Europe would pose a security threat to the United States and its European allies.

      (11) The admission to NATO of European countries that have been freed from Communist domination and that meet specific criteria for NATO membership would contribute to international peace and enhance the security of the region.

      (12) A number of countries have expressed varying degrees of interest in NATO membership, and have taken concrete steps to demonstrate this commitment.

      (13) Full integration of Central and East European countries into the North Atlantic Alliance after such countries meet essential criteria for admission would enhance the security of the Alliance and, thereby, contribute to the security of the United States.

      (14) The expansion of NATO can create the stable environment needed to successfully complete the political and economic transformation envisioned by European states emerging from Communist domination.

      (15) In recognition that not all countries which have requested membership in NATO will necessarily qualify at the same pace, the accession date for each new member will vary.

      (16) Nothing in this title should be construed as precluding the eventual NATO membership of European countries never under Communist domination, namely, Austria, Finland, and Sweden.

      (17) The provision of NATO transition assistance should include those countries most ready for closer ties with NATO and should be designed to assist other countries meeting specified criteria of eligibility to move forward toward eventual NATO membership.

      (18) The evaluation of future membership in NATO for countries emerging from Communist domination should be based on the progress of those nations in meeting criteria for NATO transition assistance and evolving NATO criteria, which require enhancement of NATO’s security and the approval of all NATO members.

SEC. 703. UNITED STATES POLICY.

    It should be the policy of the United States--

      (1) to join with the NATO allies of the United States to redefine the role of the NATO Alliance in the post-Cold War world;

      (2) to actively assist European countries emerging from Communist domination in their transition so that such countries may eventually qualify for NATO membership; and

      (3) to work to define the political and security relationship between an enlarged NATO and the Russian Federation.

SEC. 704. REVISIONS TO PROGRAM TO FACILITATE TRANSITION TO NATO MEMBERSHIP.

    (a) ESTABLISHMENT OF PROGRAM- Subsection (a) of section 203 of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) is amended to read as follows:

    ‘(a) ESTABLISHMENT OF PROGRAM- The President may provide expanded security assistance and other related assistance to countries designated under subsection (d) to facilitate their transition to full NATO membership.’.

    (b) ELIGIBLE COUNTRIES-

      (1) ELIGIBILITY- Subsection (d) of section 203 of such Act is amended to read as follows:

    ‘(d) DESIGNATION OF ELIGIBLE COUNTRIES-

      ‘(1) PRESIDENTIAL REVIEW AND REPORT- Within 60 days of the enactment of the NATO Participation Act Amendments of 1995, the President shall transmit to the Congress an evaluation of Poland, Hungary, the Czech Republic, and Slovakia, as well as all other European countries emerging from Communist domination which have expressed an interest in joining NATO, in accordance with the criteria in paragraph (3) and specifically designate one or more of these countries to be eligible to receive assistance under the program established in subsection (a). The President shall provide a report of the country-by-country evaluation as well as an evaluation of each designated country’s progress toward conformance with criteria for full NATO membership.

      ‘(2) OTHER EUROPEAN COUNTRIES EMERGING FROM COMMUNIST DOMINATION- In addition to the country or countries designated pursuant to paragraph (1), the President may designate other European countries emerging from Communist domination. The President may make such a designation in the case of any such country only if the President determines, and reports to the designated congressional committees, that such country meets the criteria specified in paragraph (3).

      ‘(3) CRITERIA- The criteria referred to in paragraph (2) are, with respect to each country, that the country--

        ‘(A) has made or is making significant progress toward establishing--

          ‘(i) shared values and interests;

          ‘(ii) democratic governments;

          ‘(iii) free market economies;

          ‘(iv) civilian control of the military, of the police, and of intelligence services;

          ‘(v) adherence to the values, principles, and political commitments embodied in the Helsinki Final Act of the Organization on Security and Cooperation in Europe; and

          ‘(vi) more transparent defense budgets and is participating in the Partnership For Peace defense planning process;

        ‘(B) has made public commitments--

          ‘(i) to further the principles of NATO and to contribute to the security of the North Atlantic area;

          ‘(ii) to accept the obligations, responsibilities, and costs of NATO membership; and

          ‘(iii) to implement infrastructure development activities that will facilitate participation in and support for NATO military activities;

        ‘(C) is not ineligible for assistance under section 563 of Public Law 103-306, with respect to transfers of equipment to a country the government of which the Secretary of State has determined is a terrorist government for purposes of section 40(d) of the Arms Export Control Act; and

        ‘(D) could, within five years of the determination of the President under paragraph (1) or (2), be in a position to further the principles of the North Atlantic Treaty and to contribute to its own security and that of the North Atlantic area.

      ‘(4) PROHIBITION ON FUNDING FOR PARTNERSHIP FOR PEACE ACTIVITIES OR ON FUNDING FOR THE WARSAW INITIATIVE- Effective 60 days after the date of enactment of the NATO Participation Act Amendments of 1995, no funds authorized to be appropriated under any provision of law may be obligated or expended for activities associated with the Partnership for Peace program or the Warsaw Initiative until the President has designated at least one country to participate in the transition program established under subsection (a).’.

      (2) CONFORMING AMENDMENTS-

        (A) Subsections (b) and (c) of section 203 of such Act are amended by striking ‘countries described in such subsection’ each of the two places it appears and inserting ‘countries designated under subsection (d)’.

        (B) Subsection (e) of section 203 of such Act is amended--

          (i) by striking ‘subsection (d)’ and inserting ‘subsection (d)(2)’; and

          (ii) by inserting ‘(22 U.S.C. 2394)’ before the period at the end.

        (C) Section 204(c) of such Act is amended by striking ‘any other Partnership for Peace country designated under section 203(d)’ and inserting ‘any country designated under section 203(d)(2)’.

    (c) TYPES OF ASSISTANCE- Section 203(c) of such Act is amended--

      (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; and

      (2) by inserting after subparagraph (D) (as redesignated) the following new subparagraphs:

      ‘(E) Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the Economic Support Fund).

      ‘(F) Funds appropriated under the ‘Nonproliferation and Disarmament Fund’ account’.

      ‘(G) Assistance under chapter 6 of part II of the Foreign Assistance Act of 1961 (relating to peacekeeping operations and other programs).’.

      ‘(H) Authority for the Department of Defense to pay excess defense articles costs for countries designated for both grant lethal and nonlethal excess defense articles.

      ‘(I) Authority to convert FMF loans to grants, and grants to loans, for eligible countries.

      (3) by inserting ‘(1)’ immediately after ‘TYPE OF ASSISTANCE- ’; and

      (4) by adding at the end the following new paragraphs:

    ‘(2) For fiscal years 1996 and 1997, in providing assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 for the countries designated under subsection (d), the President shall include as an important component of such assistance the provision of sufficient language training to enable military personnel to participate further in programs for military training and in defense exchange programs.

    ‘(3) Of the amounts made available under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training), $5,000,000 for fiscal year 1996 and $5,000,000 for fiscal year 1997 should support--

      ‘(A) the attendance of additional military personnel of countries designated under subsection (d)(1) or (d)(2), particularly Poland, Hungary, the Czech Republic, and Slovakia, at professional military education institutions in the United States in accordance with section 544 of such Act; and

      ‘(B) the placement and support of United States instructors and experts at military educational centers within the foreign countries designated under subsection (d) that are receiving assistance under that chapter.’.

SEC. 705. ASSISTANCE FOR NATO PARTICIPATION ACT DESIGNEES.

    The President is authorized to obligate and expend $60,000,000 from funds made available under the Foreign Assistance Act of 1961 in support of countries designated to receive transition assistance under section 203(a) of the NATO Participation Act, as follows:

      (1) Poland: $20,000,000.

      (2) Czech Republic: $10,000,000.

      (3) Hungary: $5,000,000.

      (4) Slovakia: $5,000,000.

      (5) Other European countries designated under subsection (d)(1) or subsection (d)(2): $20,000,000.

SEC. 706. TERMINATION OF ELIGIBILITY.

    Section 203(f) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) is amended to read as follows:

    ‘(f) TERMINATION OF ELIGIBILITY- (1) The eligibility of a country designated under subsection (d) for the program established in subsection (a) shall terminate 60 days after the President makes a certification under paragraph (2) unless, within the 60-day period, the Congress enacts a joint resolution disapproving the termination of eligibility.

    ‘(2) Whenever the President determines that the government of a country designated under subsection (d)--

      ‘(A) no longer meets the criteria set forth in subsection (d)(2)(A);

      ‘(B) is hostile to the NATO alliance; or

      ‘(C) poses a national security threat to the United States,

    then the President shall so certify to the appropriate congressional committees.

      ‘(3) Nothing in this Act shall affect the eligibility of countries to participate under other provisions of law in programs described in this Act.

    (b) CONGRESSIONAL PRIORITY PROCEDURES- Section 203 of such Act is amended by adding at the end the following new subsection:

    ‘(g) CONGRESSIONAL PRIORITY PROCEDURES-

      ‘(1) APPLICABLE PROCEDURES- A joint resolution described in paragraph (2) which is introduced in a House of Congress after the date on which a certification made under subsection (f)(2) is received by Congress shall be considered in accordance with the procedures set forth in paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98-473 (98 Stat. 1936)), except that--

        ‘(A) references to the ‘resolution described in paragraph (1)’ shall be deemed to be references to the joint resolution; and

        ‘(B) references to the Committee on Appropriations of the House of Representatives and to the Committee on Appropriations of the Senate shall be deemed to be references to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.

      ‘(2) TEXT OF JOINT RESOLUTION- A joint resolution under this paragraph is a joint resolution the matter after the resolving clause of which is as follows: ‘That the Congress disapproves the certification submitted by the President on XXXXXX pursuant to section 203(f) of the NATO Participation Act of 1994.’.’.

SEC. 707. REPORTS.

    (a) ANNUAL REPORT- Section 206 of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), as redesignated by section 705(1) of this Act, is amended--

      (1) by inserting ‘annual’ in the section heading before the first word;

      (2) by inserting ‘annual’ after ‘include in the’ in the matter preceding paragraph (1);

      (3) in paragraph (1), by striking ‘Partnership for Peace’ and inserting ‘European’; and

      (4) by striking paragraph (2) and inserting instead the following new paragraph:

      ‘(2) In the event that the President determines that, despite a period of transition assistance, a country designated under section 203(d) has not, as of January 10, 1999, met criteria for NATO membership set forth by the North Atlantic Council, the President shall transmit a report to the designated congressional committees containing an assessment of the progress made by that country in meeting those standards.’.

SEC. 708. DEFINITIONS.

    The NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), as amended by this title, is further amended by adding at the end the following new section:

‘SEC. 207. DEFINITIONS.

    ‘For purposes of this title:

      ‘(1) NATO- The term ‘NATO’ means the North Atlantic Treaty Organization.

      ‘(2) DESIGNATED CONGRESSIONAL COMMITTEES- The term ‘designated congressional committees’ means--

        ‘(A) the Committee on International Relations, the Committee on National Security, and the Committee on Appropriations of the House of Representatives; and

        ‘(B) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.

      ‘(3) EUROPEAN COUNTRIES EMERGING FROM COMMUNIST DOMINATION- The term ‘European countries emerging from Communist domination’ includes, but is not limited to, Albania, Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Slovakia, Slovenia, and Ukraine.’.

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TITLE VIII--TO IMPOSE SANCTIONS AGAINST BURMA, AND COUNTRIES ASSISTING BURMA, UNLESS BURMA OBSERVES BASIC HUMAN RIGHTS AND PERMITS POLITICAL FREEDOMS.

SEC. 801. SANCTIONS AGAINST BURMA.

    Except as provided in section 4, the following sanctions shall apply to Burma, effective 90 days after the date of enactment of this Act (or on such other date as is specified in this section):

      (1) INVESTMENTS- No United States national may make any investment in Burma.

      (2) UNITED STATES ASSISTANCE- United States assistance for Burma is prohibited.

      (3) TRADE PRIVILEGES- The President shall continue the suspension of special trade privileges pursuant to the Generalized System of Preferences (GSP), and shall continue the suspension of nondiscriminatory trade treatment (most-favored-nation status), with respect to Burma.

      (4) IMPORTATION OF GOODS- No article which is produced, manufactured, grown, or extracted in Burma may be imported into the United States.

      (5) TRADE AND INVESTMENT TREATIES- The United States should continue to suspend carrying out obligations under bilateral trade and investment treaties with Burma.

      (6) TRAVEL RESTRICTIONS- The Secretary of State shall prohibit the use of United States passports for travel to Burma except for travel by United States diplomatic personnel.

      (7) DIPLOMATIC REPRESENTATION- The President is urged not to accept diplomatic representation from Burma at a level greater than the level of diplomatic representation accorded the United States in Burma.

      (8) FOREIGN ASSISTANCE- The United States shall suspend assistance under the Foreign Assistance Act of 1961 and the Arms Export Control Act to any foreign government which sells or otherwise transfers arms to the Government of Burma.

      (9) INTERNATIONAL ORGANIZATIONS CONTRIBUTIONS- The United States shall withhold from each international organization that funds activities in Burma other than humanitarian activities an amount equal to the United States proportionate share of that funding.

      (10) MULTILATERAL ASSISTANCE- The Secretary of the Treasury shall instruct the United States executive director of each financial institution to vote against any loan or other utilization of the funds of the respective bank to or for Burma.

      (11) EMINENT PERSONS GROUP- The President, acting through the United States Permanent Representative to the United Nations, should urge the United Nations to establish an eminent persons group to report on compliance by the Government of Burma with United Nations resolutions.

      (12) INTERNATIONAL ARMS EMBARGO- The President, acting through the United States Permanent Representative to the United Nations, should urge the establishment by the United Nations of an international arms embargo of Burma.

SEC. 802. AGREEMENTS TO IMPOSE SANCTIONS ON BURMA.

    (a) NEGOTIATIONS WITH TRADING PARTNERS-

      (1) IN GENERAL- Not later than 15 days after the date of the enactment of this Act, the President shall initiate negotiations with all foreign countries with which the United States trades for the purpose of entering into agreements with the countries--

        (A) to support United States sanctions against Burma, and

        (B) to cease trade with and investment in Burma.

      (2) CERTIFICATION OF NEGOTIATIONS AND AGREEMENTS- Not later than 90 days after the date of the enactment of this Act, the President shall certify to the Congress each country that--

        (A) has failed to enter into an agreement described in paragraph (1), or

        (B) has entered into such an agreement but is not enforcing it.

      (3) ACTION BY THE PRESIDENT- Notwithstanding any other provision of law, if a certification is made with respect to any country under paragraph (2) the President shall withdraw--

        (A) any designation of such country--

          (i) as a beneficiary developing country for purposes of title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.),

          (ii) as a beneficiary country for purposes of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), or

          (iii) as a beneficiary country for purposes of the Andean Trade Preference Act (19 U.S.C. 3201 et seq.),

        (B) from such countries the benefits of any other special tariff treatment program under which the special rates of duty apply under column 1 of the Harmonized Tariff Schedule of the United States, and

        (C) most-favored-nation trade treatment with respect to any such country.

    (b) APPLICABILITY-

      (1) IN GENERAL- The provisions of this section apply to goods entered, or withdrawn from warehouse for consumption, originating in or imported from a country with respect to which an action described in subsection (a)(3) has been taken, during the period beginning on the date that is 15 days after the date of the certification described in subsection (a)(2) and ending on the date that is 15 days after the earlier of--

        (A) the date the President certifies to the Congress that such country has entered into an agreement described in subsection (a)(1) and is enforcing the agreement, or

        (B) the date a certification described in section 4 is made.

      (2) RATE OF DUTY DURING PERIOD DESIGNATION IS WITHDRAWN- During the period described in paragraph (1), goods entered, or withdrawn from warehouse for consumption, originating in or imported from a country described in subsection (a)(3) shall be subject to duty at the rates of duty specified for such goods under column 2 of the Harmonized Tariff Schedule of the United States.

SEC. 803. CERTIFICATION.

    The sanctions of section 801 shall not apply upon the determination and certification by the President to the appropriate congressional committees that the following conditions are met:

      (1) The Government of Burma has unconditionally released all political prisoners, including Aung San Suu Kyi.

      (2) The Government of Burma has fully implemented the results of the 1990 elections in Burma, including the transfer of power to civilian authority, the protection of basic human rights, and guaranteeing the right of Burmese citizens to participate freely in the political process, assuring freedom of speech and the right of association and assembly.

      (3) The Government of Burma has implemented an effective counternarcotics effort.

SEC. 804. SANCTIONS AGAINST THE PEOPLE’S REPUBLIC OF CHINA.

    The Secretary of the Treasury shall instruct the United States executive director of each multilateral financial institution to vote against any loan or other utilization of the facilities of the respective institution to or for the People’s Republic of China until the President determines and certifies to the appropriate congressional committees that the People’s Republic of China has terminated arms sales and other arms transfers to Burma.

SEC. 805. SANCTIONS AGAINST THE GOVERNMENT OF THAILAND.

    The President shall withhold all United States assistance to the Government of Thailand until the President determines and certifies to the appropriate congressional committees that the Government of Thailand is fully cooperating in providing support and relief for Burmese exiles and refugees.

SEC. 806. REPORT.

    Not later than 45 days after the date of enactment of this Act, the President shall submit a report to the appropriate congressional committees on--

      (1) the chemical and biological weapons capability of Burma;

      (2) a plan to provide United States assistance in support of the democracy movement active inside Burma;

      (3) the treatment by the Government of Thailand of Burmese students, refugees, and exiles resident in Thailand; and

      (4) the status of arms sales and other arms transfers to the Government of Burma, including the amount of expenditures by the Government of Burma in the acquisition of arms.

SEC. 807. DEFINITIONS.

    As used in this title:

      (1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives.

      (2) INVESTMENT- The term ‘investment’ includes any contribution or commitment of funds, commodities, services, patents, processes, or techniques, in the form of--

        (A) a loan or loans;

        (B) the purchase of a share of ownership;

        (C) participation in royalties, earnings, or profits; and

        (D) the furnishing of commodities or services pursuant to a lease or other contract.

      (3) HUMANITARIAN ACTIVITIES- The term ‘humanitarian activities’ means the provision of food, medicine, medical supplies, or clothing and does not include cash transfers.

      (4) FINANCIAL INSTITUTIONS- The term ‘financial institutions’ includes the International Bank for Reconstruction and Development, the International Development Association, the Asian Development Bank, and the International Monetary Fund.

      (5) UNITED STATES ASSISTANCE- The term ‘United States assistance’ means assistance of any kind which is provided by grant, sale, loan, lease, credit, guaranty, or insurance, or by any other means, by any agency or instrumentality of the United States Government to any foreign country, including--

        (A) assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2 of part I of the Act);

        (B) sales, credits, and guaranties under the Arms Export Control Act (22 U.S.C. 2751 et seq.);

        (C) sales under title I (7 U.S.C.A. 1701 et seq.) or III (17 U.S.C.A. 1727 et seq.) and donations under title II (17 U.S.C.A. 1721 et seq.) of the Agricultural Trade Development and Assistance Act of 1954 of nonfood commodities;

        (D) other financing programs of the Commodity Credit Corporation for export sales of nonfood commodities; and

        (E) financing under the Export-Import Bank Act of 1945 (12 U.S.C.A. 635 et seq.).

    This Act may be cited as the ‘Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996’.

Passed the House of Representatives July 11, 1995.

Attest:

ROBIN H. CARLE,

Clerk.

Passed the Senate September 21 (legislative day, September 5), 1995.

Attest:

KELLY D. JOHNSTON,

Secretary.

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