Text: H.R.3540 — 104th Congress (1995-1996)All Information (Except Text)

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Engrossed Amendment Senate (07/26/1996)

 
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 3540 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 26, 1996.
      Resolved, That the bill from the House of Representatives (H.R. 
3540) entitled ``An Act making appropriations for foreign operations, 
export financing, and related programs for the fiscal year ending 
September 30, 1997, and for other purposes'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1997, and for other purposes, namely:

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                export-import bank of the united states

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country other than a nuclear-
weapon State as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act that has detonated a nuclear 
explosive after the date of enactment of this Act.

                         subsidy appropriation

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, $730,000,000 to remain available until September 30, 
1998: Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That such sums shall remain available 
until 2012 for the disbursement of direct loans, loan guarantees, 
insurance and tied-aid grants obligated in fiscal years 1997 and 1998: 
Provided further, That up to $50,000,000 of funds appropriated by this 
paragraph shall remain available until expended and may be used for 
tied-aid grant purposes: Provided further, That none of the funds 
appropriated by this paragraph may be used for tied-aid credits or 
grants except through the regular notification procedures of the 
Committees on Appropriations: Provided further, That funds appropriated 
by this paragraph are made available notwithstanding section 2(b)(2) of 
the Export-Import Bank Act of 1945, in connection with the purchase or 
lease of any product by any East European country, any Baltic State, or 
any agency or national thereof.

                        administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs (to be computed on an accrual basis), 
including hire of passenger motor vehicles and services as authorized 
by 5 U.S.C. 3109, and not to exceed $20,000 for official reception and 
representation expenses for members of the Board of Directors, 
$40,000,000: Provided, That necessary expenses (including special 
services performed on a contract or fee basis, but not including other 
personal services) in connection with the collection of moneys owed the 
Export-Import Bank, repossession or sale of pledged collateral or other 
assets acquired by the Export-Import Bank in satisfaction of moneys 
owed the Export-Import Bank, or the investigation or appraisal of any 
property, or the evaluation of the legal or technical aspects of any 
transaction for which an application for a loan, guarantee or insurance 
commitment has been made, shall be considered nonadministrative 
expenses for the purposes of this heading: Provided further, That, none 
of the funds made available by this or any other Act may be made 
available to pay the salary and any other expenses of the incumbent 
Chairman and President of the Export-Import Bank unless and until he 
has been confirmed by the United States Senate: Provided further, That, 
notwithstanding subsection (b) of section 117 of the Export Enhancement 
Act of 1992, subsection (a) thereof shall remain in effect until 
October 1, 1997.

                overseas private investment corporation

                           noncredit account

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$35,000) shall not exceed $32,000,000: Provided further, That project-
specific transaction costs, including direct and indirect costs 
incurred in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors pursuant 
to section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.

                            program account

    For the cost of direct and guaranteed loans, $72,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Noncredit Account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums 
shall be available for direct loan obligations and loan guaranty 
commitments incurred or made during fiscal years 1997 and 1998: 
Provided further, That such sums shall remain available through fiscal 
year 2005 for the disbursement of direct and guaranteed loans obligated 
in fiscal year 1997, and through fiscal year 2006 for the disbursement 
of direct and guaranteed loans obligated in fiscal year 1998. In 
addition, such sums as may be necessary for administrative expenses to 
carry out the credit program may be derived from amounts available for 
administrative expenses to carry out the credit and insurance programs 
in the Overseas Private Investment Corporation Noncredit Account and 
merged with said account.

                  Funds Appropriated to the President

                      trade and development agency

    For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $40,000,000: Provided, That the 
Trade and Development Agency may receive reimbursements from 
corporations and other entities for the costs of grants for feasibility 
studies and other project planning services, to be deposited as an 
offsetting collection to this account and to be available for 
obligation until September 30, 1997, for necessary expenses under this 
paragraph: Provided further, That such reimbursements shall not cover, 
or be allocated against, direct or indirect administrative costs of the 
agency.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  funds appropriated to the president

    For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 1997, unless 
otherwise specified herein, as follows:

                  agency for international development

                         development assistance

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of sections 103 
through 106 and chapter 10 of part I of the Foreign Assistance Act of 
1961, title V of the International Security and Development Cooperation 
Act of 1980 (Public Law 96-533) and the provisions of section 401 of 
the Foreign Assistance Act of 1969, $1,262,000,000, to remain available 
until September 30, 1998: Provided, That of the amount appropriated 
under this heading, up to $18,000,000 may be made available for the 
Inter-American Foundation and shall be apportioned directly to that 
agency: Provided further, That of the amount appropriated under this 
heading, up to $10,500,000 may be made available for the African 
Development Foundation and shall be apportioned directly to that 
agency: Provided further, That of the funds appropriated under title II 
of this Act that are administered by the Agency for International 
Development and made available for family planning assistance, not less 
than 65 percent shall be made available directly to the agency's 
central Office of Population and shall be programmed by that office for 
family planning activities: Provided further, That of the funds 
appropriated under this heading and under the heading ``Population, 
Development Assistance'' that are made available by the Agency for 
International Development for development assistance activities, the 
amount made available to carry out chapter 10 of part I of the Foreign 
Assistance Act of 1961 (relating to the Development Fund for Africa) 
shall be in at least the same proportion as the amount identified in 
the fiscal year 1997 draft congressional presentation document for 
development assistance for sub-Saharan Africa is to the total amount 
requested for development assistance for such fiscal year: Provided 
further, That funds appropriated under this heading shall be made 
available, notwithstanding any other provision of law, to assist 
Vietnam to refom its trade regime through, among other things, reform 
of its commercial and investment legal codes: Provided further, That up 
to $5,000,000 of the funds appropriated under this heading may be made 
available for necessary expenses to carry out the provisions of section 
667 of the Foreign Assistance Act of 1961: Provided further, That none 
of the funds made available in this Act nor any unobligated balances 
from prior appropriations may be made available to any organization or 
program which, as determined by the President of the United States, 
supports or participates in the management of a program of coercive 
abortion or involuntary sterilization: Provided further, That none of 
the funds made available under this heading or under the heading 
``Population, Development Assistance'', may be used to pay for the 
performance of abortion as a method of family planning or to motivate 
or coerce any person to practice abortions; and that in order to reduce 
reliance on abortion in developing nations, funds shall be available 
only to voluntary family planning projects which offer, either directly 
or through referral to, or information about access to, a broad range 
of family planning methods and services: Provided further, That in 
awarding grants for natural family planning under section 104 of the 
Foreign Assistance Act of 1961 no applicant shall be discriminated 
against because of such applicant's religious or conscientious 
commitment to offer only natural family planning; and, additionally, 
all such applicants shall comply with the requirements of the previous 
proviso: Provided further, That for purposes of this or any other Act 
authorizing or appropriating funds for foreign operations, export 
financing, and related programs, the term ``motivate'', as it relates 
to family planning assistance, shall not be construed to prohibit the 
provision, consistent with local law, of information or counseling 
about all pregnancy options: Provided further, That nothing in this 
paragraph shall be construed to alter any existing statutory 
prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961: Provided further, That, notwithstanding section 
109 of the Foreign Assistance Act of 1961, of the funds appropriated 
under this heading in this Act, and of the unobligated balances of 
funds previously appropriated under this heading, $17,500,000 shall be 
transferred to ``International Organizations and Programs'' for a 
contribution to the International Fund for Agricultural Development 
(IFAD), and that any such transfer of funds shall be subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That of the funds appropriated under this heading 
that are made available for assistance programs for displaced and 
orphaned children and victims of war, not to exceed $25,000, in 
addition to funds otherwise available for such purposes, may be used to 
monitor and provide oversight of such programs: Provided further, That 
not less than $650,000 of the funds made available under this heading 
shall be available only for support of the United States 
Telecommunications Training Institute: Provided further, That of the 
amount appropriated under this heading, not less than $15,000,000 shall 
be available only for the American Schools and Hospitals Abroad program 
under section 214 of the Foreign Assistance Act of 1961.

                   population, development assistance

    For necessary expenses to carry out the provisions of section 
104(b) of the Foreign Assistance Act of 1961, $410,000,000, to remain 
available until September 30, 1998.

                                 cyprus

    Of the funds appropriated under the headings ``Development 
Assistance'' and ``Economic Support Fund'', not less than $15,000,000 
shall be made available for Cyprus to be used only for scholarships, 
administrative support of the scholarship program, bicommunal projects, 
and measures aimed at reunification of the island and designed to 
reduce tensions and promote peace and cooperation between the two 
communities on Cyprus.

                                 burma

    Of the funds appropriated by this Act to carry out the provisions 
of chapter 8 of part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961, not less than $2,500,000 shall be made 
available to support activities in Burma, along the Burma-Thailand 
border, and for activities of Burmese student groups and other 
organizations located outside Burma, for the purposes of fostering 
democracy in Burma, supporting the provision of medical supplies and 
other humanitarian assistance to Burmese located in Burma or displaced 
Burmese along the borders, and for other purposes: Provided, That of 
this amount, not less than $200,000 shall be made available to support 
newspapers, publications, and other media activities promoting 
democracy inside Burma: Provided further, That funds made available 
under this heading may be made available notwithstanding any other 
provision of law: Provided further, That provision of such funds shall 
be made available subject to the regular notification procedures of the 
Committees on Appropriations.

                  private and voluntary organizations

    None of the funds appropriated or otherwise made available by this 
Act for development assistance may be made available to any United 
States private and voluntary organization, except any cooperative 
development organization, which obtains less than 20 per centum of its 
total annual funding for international activities from sources other 
than the United States Government: Provided, That the requirements of 
the provisions of section 123(g) of the Foreign Assistance Act of 1961 
and the provisions on private and voluntary organizations in title II 
of the ``Foreign Assistance and Related Programs Appropriations Act, 
1985'' (as enacted in Public Law 98-473) shall be superseded by the 
provisions of this section, except that the authority contained in the 
last sentence of section 123(g) may be exercised by the Administrator 
with regard to the requirements of this paragraph.
    Funds appropriated or otherwise made available under title II of 
this Act should be made available to private and voluntary 
organizations at a level which is equivalent to the level provided in 
fiscal year 1995. Such private and voluntary organizations shall 
include those which operate on a not-for-profit basis, receive 
contributions from private sources, receive voluntary support from the 
public and are deemed to be among the most cost-effective and 
successful providers of development assistance.

                   international disaster assistance

    For necessary expenses for international disaster relief, 
rehabilitation, and reconstruction assistance pursuant to section 491 
of the Foreign Assistance Act of 1961, as amended, $190,000,000, to 
remain available until expended.

                           debt restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying direct loans and loan guarantees, as the 
President may determine, for which funds have been appropriated or 
otherwise made available for programs within the International Affairs 
Budget Function 150, including the cost of selling, reducing, or 
canceling amounts, through debt buybacks and swaps, owed to the United 
States as a result of concessional loans made to eligible Latin 
American and Caribbean countries, pursuant to part IV of the Foreign 
Assistance Act of 1961; of modifying direct loans extended to least 
developed countries, as authorized under title I of the Agricultural 
Trade Development and Assistance Act of 1954, as amended; and of 
modifying concessional loans authorized under title I of the 
Agricultural Trade Development and Assistance Act of 1954, as amended, 
as authorized under subsection (a) under the heading ``Debt Reduction 
for Jordan'' in title VI of Public Law 103-306, $27,000,000, to remain 
available until expended: Provided, That none of the funds appropriated 
under this heading shall be obligated except through the regular 
notification procedures of the Committee on Appropriations.

         micro and small enterprise development program account

    For the subsidy cost of direct loans and loan guarantees, 
$1,500,000, as authorized by section 108 of the Foreign Assistance Act 
of 1961, as amended: Provided, That such costs shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That guarantees of loans made under this heading in support of 
microenterprise activities may guarantee up to 70 percent of the 
principal amount of any such loans notwithstanding section 108 of the 
Foreign Assistance Act of 1961. In addition, for administrative 
expenses to carry out programs under this heading, $500,000, all of 
which may be transferred to and merged with the appropriation for 
Operating Expenses of the Agency for International Development: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 1998.

                    housing guaranty program account

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of guaranteed loans authorized by sections 221 and 222 of 
the Foreign Assistance Act of 1961, $4,000,000, to remain available 
until September 30, 1998: Provided, That these funds are available to 
subsidize loan principal, 100 percent of which shall be guaranteed, 
pursuant to the authority of such sections. In addition, for 
administrative expenses to carry out guaranteed loan programs, 
$6,000,000, all of which may be transferred to and merged with the 
appropriation for Operating Expenses of the Agency for International 
Development: Provided further, That commitments to guarantee loans 
under this heading may be entered into notwithstanding the second and 
third sentences of section 222(a) and, with regard to programs for 
central and Eastern Europe and programs for the benefit of South 
Africans disadvantaged by apartheid, section 223(j) of the Foreign 
Assistance Act of 1961.

     payment to the foreign service retirement and disability fund

    For payment to the ``Foreign Service Retirement and Disability 
Fund'', as authorized by the Foreign Service Act of 1980, $43,826,000.

     operating expenses of the agency for international development

    For necessary expenses to carry out the provisions of section 667, 
$495,000,000: Provided, That notwithstanding any other provision of 
law, none of the funds appropriated or otherwise made available by this 
Act may be made available for expenses necessary to relocate the Agency 
for International Development, or any part of that agency, to the 
building at the Federal Triangle in Washington, District of Columbia.

 operating expenses of the agency for international development office 
                          of inspector general

    For necessary expenses to carry out the provisions of section 667, 
$28,000,000, to remain available until expended, which sum shall be 
available for the Office of the Inspector General of the Agency for 
International Development.

                  Other Bilateral Economic Assistance

                         economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of 
part II, $2,340,000,000, to remain available until September 30, 1998: 
Provided, That of the funds appropriated under this heading, not less 
than $1,200,000,000 shall be available only for Israel, which sum shall 
be available on a grant basis as a cash transfer and shall be disbursed 
within thirty days of enactment of this Act or by October 31, 1996, 
whichever is later: Provided further, That not less than $815,000,000 
shall be available only for Egypt, which sum shall be provided on a 
grant basis, and of which sum cash transfer assistance may be provided, 
with the understanding that Egypt will undertake significant economic 
reforms which are additional to those which were undertaken in previous 
fiscal years, and of which not less than $200,000,000 shall be provided 
as Commodity Import Program assistance: Provided further, That in 
exercising the authority to provide cash transfer assistance for Israel 
and Egypt, the President shall ensure that the level of such assistance 
does not cause an adverse impact on the total level of non-military 
exports from the United States to each such country: Provided further, 
That it is the sense of the Congress that the recommended levels of 
assistance for Egypt and Israel are based in great measure upon their 
continued participation in the Camp David Accords and upon the 
Egyptian-Israeli peace treaty: Provided further, That of the funds 
appropriated under this heading, $3,000,000 shall be made available to 
establish an independent radio broadcasting service to Iran: Provided 
further, That none of the funds appropriated under this heading shall 
be made available for Zaire: Provided further, That of the funds 
appropriated under this heading by prior appropriations Acts, 
$36,000,000 of unobligated and unearmarked funds shall be transferred 
to and consolidated with funds appropriated by this Act under the 
heading ``International Organizations and Programs''.

          assistance for eastern europe and the baltic states

    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $475,000,000, to remain available until 
September 30, 1998, which shall be available, notwithstanding any other 
provision of law, for economic assistance and for related programs for 
Central and Eastern Europe and the Baltic States.
    (b) Funds appropriated under this heading or in prior 
appropriations Acts that are or have been made available for an 
Enterprise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the Fund's disbursement of such funds for program 
purposes. The Fund may retain for such program purposes any interest 
earned on such deposits without returning such interest to the Treasury 
of the United States and without further appropriation by the Congress. 
Funds made available for Enterprise Funds shall be expended at the 
minimum rate necessary to make timely payment for projects and 
activities.
    (c) Funds appropriated under this heading shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained 
in that Act for the use of economic assistance.
    (d) With regard to funds appropriated or otherwise made available 
under this heading for the economic revitalization program in Bosnia 
and Herzegovina, and local currencies generated by such funds 
(including the conversion of funds appropriated under this heading into 
currency used by Bosnia and Herzegovina as local currency and local 
currency returned or repaid under such program)--
            (1) the Administrator of the Agency for International 
        Development shall provide written approval for grants and loans 
        prior to the obligation and expenditure of funds for such 
        purposes, and prior to the use of funds that have been returned 
        or repaid to any lending facility or grantee; and
            (2) the provisions of section 534 of this Act shall apply.
    (e) With regard to funds appropriated under this heading that are 
made available for economic revitalization programs in Bosnia and 
Hercegovina, 50 percent of such funds shall not be available for 
obligation unless the President determines and certifies to the 
Committees on Appropriations that the Federation of Bosnia and 
Hercegovina has complied with article III of annex 1-A of the General 
Framework Agreement for Peace in Bosnia and Hercegovina concerning the 
withdrawal of foreign forces, and that intelligence cooperation on 
training, investigations, and related activities between Iranian 
officials and Bosnian officials has been terminated.

  assistance for the new independent states of the former soviet union

    (a) For necessary expenses to carry out the provisions of chapter 
11 of part I of the Foreign Assistance Act of 1961 and the FREEDOM 
Support Act, for assistance for the new independent states of the 
former Soviet Union and for related programs, $640,000,000, to remain 
available until September 30, 1998: Provided, That the provisions of 
such chapter shall apply to funds appropriated by this paragraph: 
Provided further, That of the funds appropriated under this heading 
$25,000,000 shall be available for the legal restructuring necessary to 
support a decentralized market-oriented economic system, including 
enactment of necessary substantive commercial law, implementation of 
reforms necessary to establish an independent judiciary and bar, legal 
education for judges, attorneys, and law students, and education of the 
public designed to promote understanding of a law-based economy.
    (b) None of the funds appropriated under this heading shall be 
transferred to the Government of Russia--
            (1) unless that Government is making progress in 
        implementing comprehensive economic reforms based on market 
        principles, private ownership, negotiating repayment of 
        commercial debt, respect for commercial contracts, and 
        equitable treatment of foreign private investment; and
            (2) if that Government applies or transfers United States 
        assistance to any entity for the purpose of expropriating or 
        seizing ownership or control of assets, investments, or 
        ventures.
    (c) Funds may be furnished without regard to subsection (b) if the 
President determines that to do so is in the national interest.
    (d) None of the funds appropriated under this heading shall be made 
available to any government of the new independent states of the former 
Soviet Union if that government directs any action in violation of the 
territorial integrity or national sovereignty of any other new 
independent state, such as those violations included in the Helsinki 
Final Act: Provided, That such funds may be made available without 
regard to the restriction in this subsection if the President 
determines that to do so is in the national security interest of the 
United States: Provided further, That the restriction of this 
subsection shall not apply to the use of such funds for the provision 
of assistance for purposes of humanitarian, disaster and refugee 
relief.
    (e) None of the funds appropriated under this heading for the new 
independent states of the former Soviet Union shall be made available 
for any state to enhance its military capability: Provided, That this 
restriction does not apply to demilitarization or nonproliferation 
programs.
    (f) Funds appropriated under this heading shall be subject to the 
regular notification procedures of the Committees on Appropriations.
    (g) Funds made available in this Act for assistance to the new 
independent states of the former Soviet Union shall be subject to the 
provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
    (h)(1) Of the funds appropriated under title II of this Act, 
including funds appropriated under this heading, not less than 
$11,000,000 shall be available only for assistance for Mongolia, of 
which amount not less than $6,000,000 shall be available only for the 
Mongolian energy sector.
    (2) Funds made available for assistance for Mongolia shall be made 
available in accordance with the purposes and utilizing the authorities 
provided in chapter 11 of part I of the Foreign Assistance Act of 1961.
    (i) Funds made available in this Act for assistance to the New 
Independent States of the former Soviet Union shall be provided to the 
maximum extent feasible through the private sector, including small- 
and medium-size businesses, entrepreneurs, and others with indigenous 
private enterprises in the region, intermediary development 
organizations committed to private enterprise, and private voluntary 
organizations: Provided, That grantees and contractors should, to the 
maximum extent possible, place in key staff positions specialists with 
prior on the ground expertise in the region of activity and fluency in 
one of the local languages.
    (j) In issuing new task orders, entering into contracts, or making 
grants, with funds appropriated under this heading or in prior 
appropriations Acts, for projects or activities that have as one of 
their primary purposes the fostering of private sector development, the 
Coordinator for United States Assistance to the New Independent States 
and the implementing agency shall encourage the participation of and 
give significant weight to contractors and grantees who propose 
investing a significant amount of their own resources (including 
volunteer services and in-kind contributions) in such projects and 
activities.
    (k) Of the funds made available under this heading, not less than 
$225,000,000 shall be made available for Ukraine, of which funds not 
less than $25,000,000 shall be made available to carry out United 
States decommissioning obligations regarding the Chornobyl plant made 
in the Memorandum of Understanding between the Government of Ukraine 
and the G-7 Group: Provided, That not less than $35,000,000 shall be 
made available for agricultural projects, including those undertaken 
through the Food Systems Restructuring Program, which leverage private 
sector resources with United States Government assistance: Provided 
further, That $5,000,000 shall be available for a small business 
incubator project: Provided further, That $5,000,000 shall be made 
available for screening and treatment of childhood mental and physical 
illnesses related to Chornobyl radiation: Provided further, That of the 
amount appropriated under this heading, $5,000,000 shall be available 
only for a land and resource management institute to identify nuclear 
contamination at Chornobyl..
    (l) Of the funds made available for Ukraine, under this Act or any 
other Act, not less than $50,000,000 shall be made available to improve 
safety at nuclear reactors: Provided, That of this amount $20,000,000 
shall be provided for the purchase and installation of, and training 
for, safety parameter display or control systems at all operational 
nuclear reactors: Provided further, That of this amount, $20,000,000 
shall be made available for the purchase, construction, installation 
and training for Full Scope and Analytical/Engineering simulators: 
Provided further, That of this amount such funds as may be necessary 
shall be made available to conduct Safety Analysis Reports at all 
operational nuclear reactors.
    (m) Of the funds made available by this Act, not less than 
$95,000,000 shall be made available for Armenia.
    (n) Of the funds made available by this or any other Act, 
$25,000,000 shall be made available for Georgia.
    (o) None of the funds appropriated under this heading may be made 
available for Russia unless the President determines and certifies in 
writing to the Committees on Appropriations that the Government of 
Russia has terminated implementation of arrangements to provide Iran 
with technical expertise, training, technology, or equipment necessary 
to develop a nuclear reactor or related nuclear research facilities or 
programs.
    (p) Of the funds appropriated under this heading, $15,000,000 shall 
be provided for hospital partnership programs, medical assistance to 
directly reduce the incidence of infectious diseases such as diphtheria 
or tuberculosis, and a program to reduce the adverse impact of 
contaminated drinking water.
    (q) Of the funds appropriated under this heading and under the 
heading ``Assistance for Eastern Europe and the Baltic States'', not 
less than $12,000,000 shall be made available for law enforcement 
training and exchanges, and investigative and technical assistance 
activities related to international criminal activities: Provided, That 
of this amount, not less than $1,000,000 shall be made available for 
training and exchanges in Russia to combat violence against women.
    (r) Of the funds appropriated under this heading, not less than 
$50,000,000 should be provided to the Western NIS and Central Asian 
Enterprise Funds: Provided, That obligation of these funds shall be 
consistent with sound business practices.
    (s) Of the funds made available under this heading, not less than 
$10,000,000 shall be made available for a United States contribution to 
the Trans-Caucasus Enterprise Fund.
    (t) Funds appropriated under this heading or in prior 
appropriations Acts that are or have been made available for an 
Enterprise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the disbursement of such funds by the Fund for 
program purposes. The Fund may retain for such program proposes any 
interest earned on such deposits without returning such interest to the 
Treasury of the United States and without further appropriation by the 
Congress. Funds made available for Enterprise Funds shall be expended 
at the minimum rate necessary to make timely payment for projects and 
activities.
    (u) Funds appropriated under this heading may not be made available 
for the Government of Ukraine if the President determines and reports 
to the Committees on Appropriations that the Government of Ukraine is 
engaged in military cooperation with the Government of Libya.
    (v) Of the funds appropriated under this heading, not less than 
$15,000,000 shall be available only for a family planning program for 
the New Independent States of the former Soviet Union comparable to the 
family planning program currently administered by the Agency for 
International Development in the Central Asian Republics and focusing 
on population assistance which provides an alternative to abortion.
    (w) Funds made available under this Act or any other Act (other 
than assistance under title V of the FREEDOM Support Act) may not be 
provided to the Government of Azerbaijan until the President 
determines, and so reports to the Congress, that the Government of 
Azerbaijan is taking demonstrable steps to cease all blockades and 
other offensive uses of force against Armenia and Nagorno-Karabakh.
    (x) Of the funds appropriated under this heading, not less than 
$2,500,000 shall be made available for the American-Russian Center.

                           Independent Agency

                              peace corps

    For expenses necessary to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $205,000,000, including the purchase of not 
to exceed five passenger motor vehicles for administrative purposes for 
use outside of the United States: Provided, That none of the funds 
appropriated under this heading shall be used to pay for abortions: 
Provided further, That funds appropriated under this heading shall 
remain available until September 30, 1998.

                          Department of State

                    international narcotics control

    For necessary expenses to carry out the provisions of section 481 
of the Foreign Assistance Act of 1961, $213,000,000: Provided, That 
during fiscal year 1997, the Department of State may also use the 
authority of section 608 of the Foreign Assistance Act of 1961, without 
regard to its restrictions, to receive non-lethal excess property from 
an agency of the United States Government for the purpose of providing 
it to a foreign country under chapter 8 of part I of that Act subject 
to the regular notification procedures of the Committees on 
Appropriations: Provided, That, of the funds appropriated under this 
heading, $2,000,000 shall be available only for demining operations in 
Afghanistan.

                    migration and refugee assistance

    For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses 
of personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 
5, United States Code; purchase and hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code, $650,000,000: Provided, That not more than $12,000,000 shall be 
available for administrative expenses: Provided further, That not less 
than $80,000,000 shall be made available for refugees from the former 
Soviet Union and Eastern Europe and other refugees resettling in 
Israel.

     united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 260(c)), $50,000,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 
2(c)(2) of the Migration and Refugee Assistance Act of 1962 which would 
limit the amount of funds which could be appropriated for this purpose.

    nonproliferation, anti-terrorism, demining and related programs

                     (including transfers of funds)

    For necessary expenses for nonproliferation, anti-terrorism and 
related programs and activities, $140,000,000 to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, section 504 of the FREEDOM Support 
Act for the Nonproliferation and Disarmament Fund, section 23 of the 
Arms Export Control Act for demining activities, notwithstanding any 
other provision of law, including activities implemented through 
nongovernmental and international organizations, section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA) and a voluntary contribution 
to the Korean Peninsula Energy Development Organization (KEDO), and for 
the acquisition and provision of goods and services, or for grants to 
Israel necessary to support the eradication of terrorism in and around 
Israel: Provided, That of this amount not to exceed $15,000,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the new 
independent states of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That such funds shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That funds appropriated under this 
heading may be made available for the International Atomic Energy 
Agency only if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That, notwithstanding 
any prohibitions in this or any other Act on direct or indirect 
assistance to North Korea, not more than $25,000,000 may be made 
available to the Korean Peninsula Energy Development Organization 
(KEDO) only for heavy fuel oil costs and other expenses associated with 
the Agreed Framework, of which $13,000,000 shall be from funds 
appropriated under this heading and $12,000,000 may be transferred from 
funds appropriated by this Act under the headings ``International 
Organization and Programs'', ``Foreign Military Financing Program'', 
and ``Economic Support Fund'': Provided further, That such funds may be 
obligated to KEDO only if, prior to such obligation of funds, the 
President certifies and so reports to Congress that (1)(A) the United 
States is taking steps to assure that progress is made on the 
implementation of the January 1, 1992, Joint Declaration on the 
Denuclearization of the Korean Peninsula and the implementation of the 
North-South dialogue, and (B) North Korea is complying with the other 
provisions of the Agreed Framework between North Korea and the United 
States and with the Confidential Minute; (2) North Korea is cooperating 
fully in the canning and safe storage of all spent fuel from its 
graphite-moderated nuclear reactors and that such canning and safe 
storage is scheduled to be completed by the end of fiscal year 1997; 
and (3) North Korea has not significantly diverted assistance provided 
by the United States for purposes for which such assistance was not 
intended: Provided further, That the President may waive the 
certification requirements of the preceding proviso if the President 
deems it necessary in the vital national security interests of the 
United States: Provided further, That no funds may be obligated for 
KEDO until 30 calendar days after the submission to Congress of the 
waiver permitted under the preceding proviso: Provided further, That 
before obligating any funds for KEDO, the President shall report to 
Congress on (1) the cooperation of North Korea in the process of 
returning to the United States the remains of United States military 
personnel who are listed as missing in action as a result of the Korean 
conflict (including conducting joint field activities with the United 
States); (2) violations of the military armistice agreement of 1953; 
(3) the actions which the United States is taking and plans to take to 
assure that North Korea is consistently taking steps to implement the 
Joint Declaration on Denuclearization of the Korean Peninsula and 
engage in North-South dialogue; and (4) all instances of non-compliance 
with the agreed framework between North Korea and the United States and 
the Confidential Minute, including diversion of heating fuel oil: 
Provided further, That the obligation of such funds shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President

             international military education and training

    For necessary expenses to carry out the provisions of section 541 
of the Foreign Assistance Act of 1961, $40,000,000: Provided, That up 
to $100,000 of the funds appropriated under this heading may be made 
available for grant financed military education and training for any 
high income country on the condition that that country agrees to fund 
from its own resources the transportation cost and living allowances of 
its students: Provided further, That the civilian personnel for whom 
military education and training may be provided under this heading may 
also include members of national legislatures who are responsible for 
the oversight and management of the military, and may also include 
individuals who are not members of a government: Provided further, That 
none of the funds appropriated under this heading shall be available 
for Zaire and Guatemala: Provided further, That funds appropriated 
under this heading for grant financed military education and training 
for Indonesia may only be available for expanded military education and 
training.

                   foreign military financing program

                     (including transfers of funds)

    For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$3,224,000,000: Provided, That of the funds appropriated by this 
paragraph not less than $1,800,000,000 shall be available for grants 
only for Israel, and not less than $1,300,000,000 shall be available 
for grants only for Egypt: Provided further, That the funds 
appropriated by this paragraph for Israel shall be disbursed within 
thirty days of enactment of this Act or by October 31, 1996, whichever 
is later: Provided further, That to the extent that the Government of 
Israel requests that funds be used for such purposes, grants made 
available for Israel by this paragraph shall, as agreed by Israel and 
the United States, be available for advanced weapons systems, of which 
not less than $475,000,000 shall be available for the procurement in 
Israel of defense articles and defense services, including research and 
development: Provided further, That Poland, Hungary, and the Czech 
Republic shall be designated as eligible for the program established 
under section 203(a) of the NATO Participation Act of 1994: Provided 
further, That of the funds made available under this paragraph, 
$30,000,000 shall be available for assistance on a grant basis for 
Poland, Hungary, and the Czech Republic to carry out title II of Public 
Law 103-477 and section 585 of Public Law 104-107: Provided further, 
That funds made available under this paragraph shall be nonrepayable 
notwithstanding any requirement in section 23 of the Arms Export 
Control Act: Provided further, That, for the purpose only of providing 
support for NATO expansion and the Warsaw Initiative Program, of the 
funds appropriated by this Act under the headings ``Assistance for 
Eastern Europe and the Baltic States'' and ``Assistance for the New 
Independent States of the Former Soviet Union'', up to a total of 
$20,000,000 may be transferred, notwithstanding any other provision of 
law, to the funds appropriated under this paragraph: Provided further, 
That none of the funds made available under this heading shall be 
available for any non-NATO country participating in the Partnership for 
Peace Program except through the regular notification procedures of the 
Committees on Appropriations.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of direct loans authorized by section 23 of the Arms 
Export Control Act as follows: cost of direct loans, $60,000,000: 
Provided, That these funds are available to subsidize gross obligations 
for the principal amount of direct loans of not to exceed $540,000,000: 
Provided further, That the rate of interest charged on such loans shall 
be not less than the current average market yield on outstanding 
marketable obligations of the United States of comparable maturities: 
Provided further, That of the funds appropriated under this paragraph 
$20,000,000 shall be made available to Poland, Hungary, and the Czech 
Republic: Provided further, That funds appropriated under this heading 
shall be made available for Greece and Turkey only on a loan basis, and 
the principal amount of direct loans for each country shall not exceed 
the following: $122,500,000 only for Greece and $175,000,000 only for 
Turkey.
    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: 
Provided, That all country and funding level increases in allocations 
shall be submitted through the regular notification procedures of 
section 515 of this Act: Provided further, That funds made available 
under this heading shall be obligated upon apportionment in accordance 
with paragraph (5)(C) of title 31, United States Code, section 1501(a): 
Provided further, That none of the funds appropriated under this 
heading shall be available for Zaire, Sudan, Peru, Liberia, and 
Guatemala: Provided further, That none of the funds appropriated or 
otherwise made available for use under this heading may be made 
available for Colombia or Bolivia until the Secretary of State 
certifies that such funds will be used by such country primarily for 
counternarcotics activities: Provided further, That funds made 
available under this heading may be used, notwithstanding any other 
provision of law, for activities related to the clearance of landmines 
and unexploded ordnance, and may include activities implemented through 
nongovernmental and international organizations: Provided further, That 
not more than $100,000,000 of the funds made available under this 
heading shall be available for use in financing the procurement of 
defense articles, defense services, or design and construction services 
that are not sold by the United States Government under the Arms Export 
Control Act to countries other than Israel and Egypt: Provided further, 
That only those countries for which assistance was justified for the 
``Foreign Military Sales Financing Program'' in the fiscal year 1989 
congressional presentation for security assistance programs may utilize 
funds made available under this heading for procurement of defense 
articles, defense services or design and construction services that are 
not sold by the United States Government under the Arms Export Control 
Act: Provided further, That, subject to the regular notification 
procedures of the Committees on Appropriations, funds made available 
under this heading for the cost of direct loans may also be used to 
supplement the funds available under this heading for grants, and funds 
made available under this heading for grants may also be used to 
supplement the funds available under this heading for the cost of 
direct loans: Provided further, That funds appropriated under this 
heading shall be expended at the minimum rate necessary to make timely 
payment for defense articles and services: Provided further, That the 
Department of Defense shall conduct during the current fiscal year 
nonreimbursable audits of private firms whose contracts are made 
directly with foreign governments and are financed with funds made 
available under this heading (as well as subcontractors thereunder) as 
requested by the Defense Security Assistance Agency: Provided further, 
That not more than $23,250,000 of the funds appropriated under this 
heading may be obligated for necessary expenses, including the purchase 
of passenger motor vehicles for replacement only for use outside of the 
United States, for the general costs of administering military 
assistance and sales: Provided further, That not more than $355,000,000 
of funds realized pursuant to section 21(e)(1)(A) of the Arms Export 
Control Act may be obligated for expenses incurred by the Department of 
Defense during fiscal year 1997 pursuant to section 43(b) of the Arms 
Export Control Act, except that this limitation may be exceeded only 
through the regular notification procedures of the Committees on 
Appropriations.

                        peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 
of the Foreign Assistance Act of 1961, $65,000,000: Provided, That none 
of the funds appropriated under this paragraph shall be obligated or 
expended except as provided through the regular notification procedures 
of the Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                  International Financial Institutions

            contribution to the global environment facility

    For payment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury, for the United States 
contribution to the Global Environment Facility (GEF), $35,000,000, to 
remain available until September 30, 1998.

contribution to the interim trust fund at the international development 
                              association

    For payment to the Interim Trust Fund administered by the 
International Development Association by the Secretary of the Treasury, 
$700,000,000, to remain available until expended.

         contribution to the international finance corporation

    For payment to the International Finance Corporation by the 
Secretary of the Treasury, $6,656,000, for the United States share of 
the increase in subscriptions to capital stock, to remain available 
until expended.

          contribution to the inter-american development bank

    For payment to the Inter-American Development Bank by the Secretary 
of the Treasury, for the United States share of the paid-in share 
portion of the increase in capital stock, $25,610,667, and for the 
United States share of the increase in the resources of the Fund for 
Special Operations, $10,000,000, to remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the Inter-American Development Bank 
may subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $1,503,718,910.

contribution to the enterprise for the americas multilateral investment 
                                  fund

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the Fund to be administered by the Inter-American 
Development Bank, $27,500,000 to remain available until expended.

               contribution to the asian development bank

    For payment to the Asian Development Bank by the Secretary of the 
Treasury for the United States share of the paid-in portion of the 
increase in capital stock, $13,221,596, to remain available until 
expended.

              limitation on callable capital subscriptions

    The United States Governor of the Asian Development Bank may 
subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $647,858,204.

               contribution to the asian development fund

    For the United States contribution by the Secretary of the Treasury 
to the increases in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended (Public Law 
89-369), $100,000,000, to remain available until expended.

  contribution to the european bank for reconstruction and development

    For payment to the European Bank for Reconstruction and Development 
by the Secretary of the Treasury, $11,916,447, for the United States 
share of the paid-in share portion of the initial capital subscription, 
to remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the European Bank for Reconstruction 
and Development may subscribe without fiscal year limitation to the 
callable capital portion of the United States share of such capital 
stock in an amount not to exceed $27,805,043.

                    North American Development Bank

    For payment to the North American Development Bank by the Secretary 
of the Treasury, for the United States share of the paid-in portion of 
the capital stock, $56,250,000, to remain available until expended.

              limitation on callable capital subscriptions

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

                international organizations and programs

    For necessary expenses to carry out the provisions of section 301 
of the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $270,000,000: 
Provided, That none of the funds appropriated under this heading shall 
be made available for the United Nations Fund for Science and 
Technology: Provided further, That not less than $3,000,000 of the 
funds appropriated under this heading shall be made available for the 
World Food Program: Provided further, That none of the funds 
appropriated under this heading may be made available to the 
International Atomic Energy Agency (IAEA): Provided further, That none 
of the funds appropriated under this heading that are made available to 
the United Nations Population Fund (UNFPA) shall be made available for 
activities in the People's Republic of China: Provided further, That 
not more than $35,000,000 of the funds appropriated under this heading 
may be made available to the UNFPA: Provided further, That not more 
than one-half of this amount may be provided to UNFPA before March 1, 
1997, and that no later than February 15, 1997, the Secretary of State 
shall submit a report to the Committees on Appropriations indicating 
the amount UNFPA is budgeting for the People's Republic of China in 
1997: Provided further, That any amount UNFPA plans to spend in the 
People's Republic of China in 1997 shall be deducted from the amount of 
funds provided to UNFPA after March 1, 1997 pursuant to the previous 
provisos: Provided further, That with respect to any funds appropriated 
under this heading that are made available to UNFPA, UNFPA shall be 
required to maintain such funds in a separate account and not commingle 
them with any other funds.

                      TITLE V--GENERAL PROVISIONS

             obligations during last month of availability

    Sec. 501. Except for the appropriations entitled ``International 
Disaster Assistance'', and ``United States Emergency Refugee and 
Migration Assistance Fund'', not more than 15 per centum of any 
appropriation item made available by this Act shall be obligated during 
the last month of availability.

     prohibition of bilateral funding for international financial 
                              institutions

    Sec. 502. None of the funds contained in title II of this Act may 
be used to carry out the provisions of section 209(d) of the Foreign 
Assistance Act of 1961.

                    limitation on residence expenses

    Sec. 503. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $126,500 shall be for official residence 
expenses of the Agency for International Development during the current 
fiscal year: Provided, That appropriate steps shall be taken to assure 
that, to the maximum extent possible, United States-owned foreign 
currencies are utilized in lieu of dollars.

                         limitation on expenses

    Sec. 504. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $5,000 shall be for entertainment expenses of 
the Agency for International Development during the current fiscal 
year.

               limitation on representational allowances

    Sec. 505. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $95,000 shall be available for representation 
allowances for the Agency for International Development during the 
current fiscal year: Provided, That appropriate steps shall be taken to 
assure that, to the maximum extent possible, United States-owned 
foreign currencies are utilized in lieu of dollars: Provided further, 
That of the funds made available by this Act for general costs of 
administering military assistance and sales under the heading ``Foreign 
Military Financing Program'', not to exceed $2,000 shall be available 
for entertainment expenses and not to exceed $50,000 shall be available 
for representation allowances: Provided further, That of the funds made 
available by this Act under the heading ``International Military 
Education and Training'', not to exceed $50,000 shall be available for 
entertainment allowances: Provided further, That of the funds made 
available by this Act for the Inter-American Foundation, not to exceed 
$2,000 shall be available for entertainment and representation 
allowances: Provided further, That of the funds made available by this 
Act for the Peace Corps, not to exceed a total of $4,000 shall be 
available for entertainment expenses: Provided further, That of the 
funds made available by this Act under the heading ``Trade and 
Development Agency'', not to exceed $2,000 shall be available for 
representation and entertainment allowances.

                 prohibition on financing nuclear goods

    Sec. 506. None of the funds appropriated or made available (other 
than funds for ``Nonproliferation, Anti-terrorism, Demining and Related 
Programs'') pursuant to this Act, for carrying out the Foreign 
Assistance Act of 1961, may be used, except for purposes of nuclear 
safety, to finance the export of nuclear equipment, fuel, or 
technology.

        prohibition against direct funding for certain countries

    Sec. 507. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance or reparations to Cuba, Iraq, Libya, 
North Korea, Iran, Serbia, Sudan, or Syria: Provided, That for purposes 
of this section, the prohibition on obligations or expenditures shall 
include direct loans, credits, insurance and guarantees of the Export-
Import Bank or its agents.

                             military coups

    Sec. 508. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance to any country whose duly elected Head 
of Government is deposed by military coup or decree: Provided, That 
assistance may be resumed to such country if the President determines 
and reports to the Committees on Appropriations that subsequent to the 
termination of assistance a democratically elected government has taken 
office.

                       transfers between accounts

    Sec. 509. None of the funds made available by this Act may be 
obligated under an appropriation account to which they were not 
appropriated, except for transfers specifically provided for in this 
Act, unless the President, prior to the exercise of any authority 
contained in the Foreign Assistance Act of 1961 to transfer funds, 
consults with and provides a written policy justification to the 
Committees on Appropriations of the House of Representatives and the 
Senate: Provided, That the exercise of such authority shall be subject 
to the regular notification procedures of the Committees on 
Appropriations, except for transfers specifically referred to in this 
Act.

                  deobligation/reobligation authority

    Sec. 510. (a) Amounts certified pursuant to section 1311 of the 
Supplemental Appropriations Act, 1955, as having been obligated against 
appropriations heretofore made under the authority of the Foreign 
Assistance Act of 1961 for the same general purpose as any of the 
headings under title II of this Act are, if deobligated, hereby 
continued available for the same period as the respective 
appropriations under such headings or until September 30, 1997, 
whichever is later, and for the same general purpose, and for countries 
within the same region as originally obligated: Provided, That the 
Appropriations Committees of both Houses of the Congress are notified 
fifteen days in advance of the deobligation and reobligation of such 
funds in accordance with regular notification procedures of the 
Committees on Appropriations.
    (b) Obligated balances of funds appropriated to carry out section 
23 of the Arms Export Control Act as of the end of the fiscal year 
immediately preceding the current fiscal year are, if deobligated, 
hereby continued available during the current fiscal year for the same 
purpose under any authority applicable to such appropriations under 
this Act: Provided, That the authority of this subsection may not be 
used in fiscal year 1997.

                         availability of funds

    Sec. 511. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapters 1, 8 and 11 of part I, 
section 667, and chapter 4 of part II of the Foreign Assistance Act of 
1961, as amended, and funds provided under the heading ``Assistance for 
Eastern Europe and the Baltic States'', shall remain available until 
expended if such funds are initially obligated before the expiration of 
their respective periods of availability contained in this Act: 
Provided further, That, notwithstanding any other provision of this 
Act, any funds made available for the purposes of chapter 1 of part I 
and chapter 4 of part II of the Foreign Assistance Act of 1961 which 
are allocated or obligated for cash disbursements in order to address 
balance of payments or economic policy reform objectives, shall remain 
available until expended: Provided further, That the report required by 
section 653(a) of the Foreign Assistance Act of 1961 shall designate 
for each country, to the extent known at the time of submission of such 
report, those funds allocated for cash disbursement for balance of 
payment and economic policy reform purposes.

            limitation on assistance to countries in default

    Sec. 512. No part of any appropriation contained in this Act shall 
be used to furnish assistance to any country which is in default during 
a period in excess of one calendar year in payment to the United States 
of principal or interest on any loan made to such country by the United 
States pursuant to a program for which funds are appropriated under 
this Act: Provided, That this section and section 620(q) of the Foreign 
Assistance Act of 1961 shall not apply to funds made available in this 
Act or during the current fiscal year for Nicaragua, and for any 
narcotics-related assistance for Colombia, Bolivia, and Peru authorized 
by the Foreign Assistance Act of 1961 or the Arms Export Control Act.

                           commerce and trade

    Sec. 513. (a) None of the funds appropriated or made available 
pursuant to this Act for direct assistance and none of the funds 
otherwise made available pursuant to this Act to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the 
commodity is likely to be in surplus on world markets at the time the 
resulting productive capacity is expected to become operative and if 
the assistance will cause substantial injury to United States producers 
of the same, similar, or competing commodity.
    (b) None of the funds appropriated by this or any other Act to 
carry out chapter 1 of part I of the Foreign Assistance Act of 1961 
shall be available for any testing or breeding feasibility study, 
variety improvement or introduction, consultancy, publication, 
conference, or training in connection with the growth or production in 
a foreign country of an agricultural commodity for export which would 
compete with a similar commodity grown or produced in the United 
States: Provided, That this subsection shall not prohibit--
            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact in the export of agricultural commodities of 
        the United States; or
            (2) research activities intended primarily to benefit 
        American producers.

                          surplus commodities

    Sec. 514. The Secretary of the Treasury shall instruct the United 
States Executive Directors of the International Bank for Reconstruction 
and Development, the International Development Association, the 
International Finance Corporation, the Inter-American Development Bank, 
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank, 
the European Bank for Reconstruction and Development, the African 
Development Bank, and the African Development Fund to use the voice and 
vote of the United States to oppose any assistance by these 
institutions, using funds appropriated or made available pursuant to 
this Act, for the production or extraction of any commodity or mineral 
for export, if it is in surplus on world markets and if the assistance 
will cause substantial injury to United States producers of the same, 
similar, or competing commodity.

                       notification requirements

    Sec. 515. For the purposes of providing the Executive Branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for ``Development Assistance'', ``Population, 
Development Assistance'', ``International organizations and programs'', 
``Trade and Development Agency'', ``International narcotics control'', 
``Assistance for Eastern Europe and the Baltic States'', ``Assistance 
for the New Independent States of the Former Soviet Union'', ``Economic 
Support Fund'', ``Peacekeeping operations'', ``Operating expenses of 
the Agency for International Development'', ``Operating expenses of the 
Agency for International Development Office of Inspector General'', 
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', 
``Export-Import Bank of the United States'', ``Foreign Military 
Financing Program'', ``International military education and training'', 
``Peace Corps'', ``Migration and refugee assistance'', and for the 
``Inter-American Foundation'' and the ``African Development 
Foundation'', shall be available for obligation for activities, 
programs, projects, type of materiel assistance, countries, or other 
operations not justified or in excess of the amount justified to the 
Appropriations Committees for obligation under any of these specific 
headings unless the Appropriations Committees of both Houses of 
Congress are previously notified fifteen days in advance: Provided, 
That the President shall not enter into any commitment of funds 
appropriated for the purposes of section 23 of the Arms Export Control 
Act for the provision of major defense equipment, other than 
conventional ammunition, or other major defense items defined to be 
aircraft, ships, missiles, or combat vehicles, not previously justified 
to Congress or 20 per centum in excess of the quantities justified to 
Congress unless the Committees on Appropriations are notified fifteen 
days in advance of such commitment: Provided further, That this section 
shall not apply to any reprogramming for an activity, program, or 
project under chapter 1 of part I of the Foreign Assistance Act of 1961 
of less than 10 per centum of the amount previously justified to the 
Congress for obligation for such activity, program, or project for the 
current fiscal year: Provided further, That the requirements of this 
section or any similar provision of this Act or any other Act, 
including any prior Act requiring notification in accordance with the 
regular notification procedures of the Committees on Appropriations, 
may be waived if failure to do so would pose a substantial risk to 
human health or welfare: Provided further, That in case of any such 
waiver, notification to the Congress, or the appropriate congressional 
committees, shall be provided as early as practicable, but in no event 
later than three days after taking the action to which such 
notification requirement was applicable, in the context of the 
circumstances necessitating such waiver: Provided further, That any 
notification provided pursuant to such a waiver shall contain an 
explanation of the emergency circumstances.
    Drawdowns made pursuant to section 506(a)(2) of the Foreign 
Assistance Act of 1961 shall be subject to the regular notification 
procedures of the Committees on Appropriations.

limitation on availability of funds for international organizations and 
                                programs

    Sec. 516. Notwithstanding any other provision of law or of this 
Act, none of the funds provided for ``International Organizations and 
Programs'' shall be available for the United States proportionate 
share, in accordance with section 307(c) of the Foreign Assistance Act 
of 1961, for any programs identified in section 307, or for Libya, 
Iran, or, at the discretion of the President, Communist countries 
listed in section 620(f) of the Foreign Assistance Act of 1961, as 
amended: Provided, That, subject to the regular notification procedures 
of the Committees on Appropriations, funds appropriated under this Act 
or any previously enacted Act making appropriations for foreign 
operations, export financing, and related programs, which are returned 
or not made available for organizations and programs because of the 
implementation of this section or any similar provision of law, shall 
remain available for obligation through September 30, 1997.

              economic support fund assistance for israel

    Sec. 517. The Congress finds that progress on the peace process in 
the Middle East is vitally important to United States security 
interests in the region. The Congress recognizes that, in fulfilling 
its obligations under the Treaty of Peace Between the Arab Republic of 
Egypt and the State of Israel, done at Washington on March 26, 1979, 
Israel incurred severe economic burdens. Furthermore, the Congress 
recognizes that an economically and militarily secure Israel serves the 
security interests of the United States, for a secure Israel is an 
Israel which has the incentive and confidence to continue pursuing the 
peace process. Therefore, the Congress declares that, subject to the 
availability of appropriations, it is the policy and the intention of 
the United States that the funds provided in annual appropriations for 
the Economic Support Fund which are allocated to Israel shall not be 
less than the annual debt repayment (interest and principal) from 
Israel to the United States Government in recognition that such a 
principle serves United States interests in the region.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 518. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide 
any financial incentive to any person to undergo sterilizations. None 
of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay for any 
biomedical research which relates in whole or in part, to methods of, 
or the performance of, abortions or involuntary sterilization as a 
means of family planning. None of the funds made available to carry out 
part I of the Foreign Assistance Act of 1961, as amended, may be 
obligated or expended for any country or organization if the President 
certifies that the use of these funds by any such country or 
organization would violate any of the above provisions related to 
abortions and involuntary sterilizations: Provided, That none of the 
funds made available under this Act may be used to lobby for or against 
abortion.

               population planning assistance limitations

    Sec. 519. (a) Prohibition on Abortion Funding.--None of the funds 
made available under this Act may be used to pay for the performance of 
abortion as a method of family planning, or to coerce or motivate any 
person to practice abortions.
    (b) Prohibition on Abortion Lobbying.--None of the funds made 
available under this Act may be used to lobby for or against abortion.
    (c) Eligibility.--In determining eligibility for assistance from 
funds appropriated to carry out section 104 of the Foreign Assistance 
Act of 1961, nongovernmental and multilateral organizations shall not 
be subjected to requirements more restrictive than the requirements 
applicable to foreign governments for such assistance.

                         reporting requirement

    Sec. 520. The President shall submit to the Committees on 
Appropriations the reports required by section 25(a)(1) of the Arms 
Export Control Act.

                   special notification requirements

    Sec. 521. None of the funds appropriated in this Act shall be 
obligated or expended for Colombia, Guatemala, Haiti, Liberia, 
Pakistan, Sudan, or Zaire except as provided through the regular 
notification procedures of the Committees on Appropriations.

              definition of program, project, and activity

    Sec. 522. For the purpose of this Act, ``program, project, and 
activity'' shall be defined at the Appropriations Act account level and 
shall include all Appropriations and Authorizations Acts earmarks, 
ceilings, and limitations with the exception that for the following 
accounts: Economic Support Fund and Foreign Military Financing Program, 
``program, project, and activity'' shall also be considered to include 
country, regional, and central program level funding within each such 
account; for the development assistance accounts of the Agency for 
International Development ``program, project, and activity'' shall also 
be considered to include central program level funding, either as (1) 
justified to the Congress, or (2) allocated by the executive branch in 
accordance with a report, to be provided to the Committees on 
Appropriations within thirty days of enactment of this Act, as required 
by section 653(a) of the Foreign Assistance Act of 1961.

                   child survival and aids activities

    Sec. 523. Up to $8,000,000 of the funds made available by this Act 
for assistance for family planning, health, child survival, and AIDS, 
may be used to reimburse United States Government agencies, agencies of 
State governments, institutions of higher learning, and private and 
voluntary organizations for the full cost of individuals (including for 
the personal services of such individuals) detailed or assigned to, or 
contracted by, as the case may be, the Agency for International 
Development for the purpose of carrying out family planning activities, 
child survival activities and activities relating to research on, and 
the treatment and control of, acquired immune deficiency syndrome in 
developing countries: Provided, That funds appropriated by this Act 
that are made available for child survival activities or activities 
relating to research on, and the treatment and control of, acquired 
immune deficiency syndrome may be made available notwithstanding any 
provision of law that restricts assistance to foreign countries: 
Provided further, That funds appropriated by this Act that are made 
available for family planning activities may be made available 
notwithstanding section 512 of this Act and section 620(q) of the 
Foreign Assistance Act of 1961.

       prohibition against indirect funding to certain countries

    Sec. 524. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated to finance indirectly 
any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North 
Korea, or the People's Republic of China, unless the President of the 
United States certifies that the withholding of these funds is contrary 
to the national interest of the United States.

                           reciprocal leasing

    Sec. 525. Section 61(a) of the Arms Export Control Act is amended 
by striking out ``1996'' and inserting in lieu thereof ``1997''.

                notification on excess defense equipment

    Sec. 526. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 
1961, the Department of Defense shall notify the Committees on 
Appropriations to the same extent and under the same conditions as are 
other committees pursuant to subsection (c) of that section: Provided, 
That before issuing a letter of offer to sell excess defense articles 
under the Arms Export Control Act, the Department of Defense shall 
notify the Committees on Appropriations in accordance with the regular 
notification procedures of such Committees: Provided further, That such 
Committees shall also be informed of the original acquisition cost of 
such defense articles.

                       authorization requirement

    Sec. 527. Funds appropriated by this Act may be obligated and 
expended notwithstanding section 10 of Public Law 91-672 and section 15 
of the State Department Basic Authorities Act of 1956.

       prohibition on bilateral assistance to terrorist countries

    Sec. 528. (a) Notwithstanding any other provision of law, funds 
appropriated for bilateral assistance under any heading of this Act and 
funds appropriated under any such heading in a provision of law enacted 
prior to enactment of this Act, shall not be made available to any 
country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism, or
            (2) otherwise supports international terrorism.
    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least fifteen days before 
the waiver takes effect, shall notify the Committees on Appropriations 
of the waiver (including the justification for the waiver) in 
accordance with the regular notification procedures of the Committees 
on Appropriations.

                 commercial leasing of defense articles

    Sec. 529. Notwithstanding any other provision of law, and subject 
to the regular notification procedures of the Committees on 
Appropriations, the authority of section 23(a) of the Arms Export 
Control Act may be used to provide financing to Israel, Egypt and NATO 
and major non-NATO allies for the procurement by leasing (including 
leasing with an option to purchase) of defense articles from United 
States commercial suppliers, not including Major Defense Equipment 
(other than helicopters and other types of aircraft having possible 
civilian application), if the President determines that there are 
compelling foreign policy or national security reasons for those 
defense articles being provided by commercial lease rather than by 
government-to-government sale under such Act.

                         competitive insurance

    Sec. 530. All Agency for International Development contracts and 
solicitations, and subcontracts entered into under such contracts, 
shall include a clause requiring that United States insurance companies 
have a fair opportunity to bid for insurance when such insurance is 
necessary or appropriate.

                  stingers in the persian gulf region

    Sec. 531. Except as provided in section 581 of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1990, the United States may not sell or otherwise make available any 
Stingers to any country bordering the Persian Gulf under the Arms 
Export Control Act or chapter 2 of part II of the Foreign Assistance 
Act of 1961.

                          debt-for-development

    Sec. 532. In order to enhance the continued participation of 
nongovernmental organizations in economic assistance activities under 
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental 
organization which is a grantee or contractor of the Agency for 
International Development may place in interest bearing accounts funds 
made available under this Act or prior Acts or local currencies which 
accrue to that organization as a result of economic assistance provided 
under title II of this Act and any interest earned on such investment 
may be used for the purpose for which the assistance was provided to 
that organization.

           competitive pricing for sales of defense articles

    Sec. 533. Direct costs associated with meeting a foreign customer's 
additional or unique requirements will continue to be allowable under 
contracts under section 22(d) of the Arms Export Control Act. Loadings 
applicable to such direct costs shall be permitted at the same rates 
applicable to procurement of like items purchased by the Department of 
Defense for its own use.

                           separate accounts

    Sec. 534. (a) Separate Accounts for Local Currencies.--(1) If 
assistance is furnished to the government of a foreign country under 
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign 
Assistance Act of 1961 under agreements which result in the generation 
of local currencies of that country, the Administrator of the Agency 
for International Development shall--
            (A) require that local currencies be deposited in a 
        separate account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                    (i) the amount of the local currencies to be 
                generated, and
                    (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent 
                with this section; and
            (C) establish by agreement with that government the 
        responsibilities of the Agency for International Development 
        and that government to monitor and account for deposits into 
        and disbursements from the separate account.
    (2) Uses of Local Currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local 
currencies, shall be used only--
            (A) to carry out chapters 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                    (i) project and sector assistance activities, or
                    (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United 
        States Government.
    (3) Programming Accountability.--The Agency for International 
Development shall take all appropriate steps to ensure that the 
equivalent of the local currencies disbursed pursuant to subsection 
(a)(2)(A) from the separate account established pursuant to subsection 
(a)(1) are used for the purposes agreed upon pursuant to subsection 
(a)(2).
    (4) Termination of Assistance Programs.--Upon termination of 
assistance to a country under chapters 1 or 10 of part I or chapter 4 
of part II (as the case may be), any unencumbered balances of funds 
which remain in a separate account established pursuant to subsection 
(a) shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
    (5) Conforming Amendments.--The provisions of this subsection shall 
supersede the tenth and eleventh provisos contained under the heading 
``Sub-Saharan Africa, Development Assistance'' as included in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 and sections 531(d) and 609 of the Foreign 
Assistance Act of 1961.
    (b) Separate Accounts for Cash Transfers.--(1) If assistance is 
made available to the government of a foreign country, under chapters 1 
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act 
of 1961, as cash transfer assistance or as nonproject sector 
assistance, that country shall be required to maintain such funds in a 
separate account and not commingle them with any other funds.
    (2) Applicability of Other Provisions of Law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the 
Committee of Conference accompanying House Joint Resolution 648 (H. 
Report No. 98-1159).
    (3) Notification.--At least fifteen days prior to obligating any 
such cash transfer or nonproject sector assistance, the President shall 
submit a notification through the regular notification procedures of 
the Committees on Appropriations, which shall include a detailed 
description of how the funds proposed to be made available will be 
used, with a discussion of the United States interests that will be 
served by the assistance (including, as appropriate, a description of 
the economic policy reforms that will be promoted by such assistance).
    (4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the 
notification procedures of the Committees on Appropriations.

  compensation for united states executive directors to international 
                         financial institutions

    Sec. 535. (a) No funds appropriated by this Act may be made as 
payment to any international financial institution while the United 
States Executive Director to such institution is compensated by the 
institution at a rate which, together with whatever compensation such 
Director receives from the United States, is in excess of the rate 
provided for an individual occupying a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code, 
or while any alternate United States Director to such institution is 
compensated by the institution at a rate in excess of the rate provided 
for an individual occupying a position at level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
    (b) For purposes of this section, ``international financial 
institutions'' are: the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development Fund, the African Development Bank, the 
African Development Fund, the International Monetary Fund, the North 
American Development Bank, and the European Bank for Reconstruction and 
Development.

         compliance with united nations sanctions against iraq

    Sec. 536. (a) Denial of Assistance.--None of the funds appropriated 
or otherwise made available pursuant to this Act to carry out the 
Foreign Assistance Act of 1961 (including title IV of chapter 2 of part 
I, relating to the Overseas Private Investment Corporation) or the Arms 
Export Control Act may be used to provide assistance to any country 
that is not in compliance with the United Nations Security Council 
sanctions against Iraq, Serbia or Montenegro unless the President 
determines and so certifies to the Congress that--
            (1) such assistance is in the national interest of the 
        United States;
            (2) such assistance will directly benefit the needy people 
        in that country; or
            (3) the assistance to be provided will be humanitarian 
        assistance for foreign nationals who have fled Iraq and Kuwait.
    (b) Import Sanctions.--If the President considers that the taking 
of such action would promote the effectiveness of the economic 
sanctions of the United Nations and the United States imposed with 
respect to Iraq, Serbia, or Montenegro, as the case may be, and is 
consistent with the national interest, the President may prohibit, for 
such a period of time as he considers appropriate, the importation into 
the United States of any or all products of any foreign country that 
has not prohibited--
            (1) the importation of products of Iraq, Serbia, or 
        Montenegro into its customs territory, and
            (2) the export of its products to Iraq, Serbia, or 
        Montenegro, as the case may be.

                       pow/mia military drawdown

    Sec. 537. (a) Notwithstanding any other provision of law, the 
President may direct the drawdown, without reimbursement by the 
recipient, of defense articles from the stocks of the Department of 
Defense, defense services of the Department of Defense, and military 
education and training, of an aggregate value not to exceed $15,000,000 
in fiscal year 1997, as may be necessary to carry out subsection (b).
    (b) Such defense articles, services and training may be provided to 
Vietnam, Cambodia and Laos, under subsection (a) as the President 
determines are necessary to support efforts to locate and repatriate 
members of the United States Armed Forces and civilians employed 
directly or indirectly by the United States Government who remain 
unaccounted for from the Vietnam War, and to ensure the safety of 
United States Government personnel engaged in such cooperative efforts 
and to support United States Department of Defense-sponsored 
humanitarian projects associated with the POW/MIA efforts. Any aircraft 
shall be provided under this section only to Laos and only on a lease 
or loan basis, but may be provided at no cost notwithstanding section 
61 of the Arms Export Control Act and may be maintained with defense 
articles, services and training provided under this section.
    (c) The President shall, within sixty days of the end of any fiscal 
year in which the authority of subsection (a) is exercised, submit a 
report to the Congress which identifies the articles, services, and 
training drawn down under this section.

                 mediterranean excess defense articles

    Sec. 538. For the four year period beginning on October 1, 1996, 
the President shall ensure that excess defense articles will be made 
available under section 516 and 519 of the Foreign Assistance Act of 
1961 consistent with the manner in which the President made available 
excess defense articles under those sections during the four year 
period that began on October 1, 1992, pursuant to section 573(e) of the 
Foreign Operations, Export Financing, Related Programs Appropriations 
Act, 1990.

                          cash flow financing

    Sec. 539. For each country that has been approved for cash flow 
financing (as defined in section 25(d) of the Arms Export Control Act, 
as added by section 112(b) of Public Law 99-83) under the Foreign 
Military Financing Program, any Letter of Offer and Acceptance or other 
purchase agreement, or any amendment thereto, for a procurement in 
excess of $100,000,000 that is to be financed in whole or in part with 
funds made available under this Act shall be submitted through the 
regular notification procedures to the Committees on Appropriations.

authorities for the peace corps, the inter-american foundation and the 
                     african development foundation

    Sec. 540. Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for foreign operations, export 
financing, and related programs, shall not be construed to prohibit 
activities authorized by or conducted under the Peace Corps Act, the 
Inter-American Foundation Act, or the African Development Foundation 
Act. The appropriate agency shall promptly report to the Committees on 
Appropriations whenever it is conducting activities or is proposing to 
conduct activities in a country for which assistance is prohibited.

                  impact on jobs in the united states

    Sec. 541. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (a) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States;
            (b) assistance for the purpose of establishing or 
        developing in a foreign country any export processing zone or 
        designated area in which the tax, tariff, labor, environment, 
        and safety laws of that country do not apply, in part or in 
        whole, to activities carried out within that zone or area, 
        unless the President determines and certifies that such 
        assistance is not likely to cause a loss of jobs within the 
        United States; or
            (c) assistance for any project or activity that contributes 
        to the violation of internationally recognized workers rights, 
        as defined in section 502(a)(4) of the Trade Act of 1974, of 
        workers in the recipient country, including any designated zone 
        or area in that country: Provided, That in recognition that the 
        application of this subsection should be commensurate with the 
        level of development of the recipient country and sector, the 
        provisions of this subsection shall not preclude assistance for 
        the informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.

               authority to assist bosnia and herzegovina

    Sec. 542. (a) The President is authorized to direct the transfer, 
subject to prior notification of the Committees on Appropriations, to 
the government of Bosnia and Herzegovina, without reimbursement, of 
defense articles from the stocks of the Department of Defense and 
defense services of the Department of Defense of an aggregate value of 
not to exceed $100,000,000 in fiscal years 1996 and 1997: Provided, 
That the President certifies in a timely fashion to the Congress that 
the transfer of such articles would assist that nation in self-defense 
and thereby promote the security and stability of the region.
    (b) Within 60 days of any transfer under the authority provided in 
subsection (a), and every 60 days thereafter, the President shall 
report in writing to the Speaker of the House of Representatives and 
the President pro tempore of the Senate concerning the articles 
transferred and the disposition thereof.
    (c) There are authorized to be appropriated to the President such 
sums as may be necessary to reimburse the applicable appropriation, 
fund, or account for defense articles provided under this section.

    restrictions on the termination of sanctions against serbia and 
                               montenegro

    Sec. 543. (a) Restrictions.--Notwithstanding any other provision of 
law, no sanction, prohibition, or requirement described in section 1511 
of the National Defense Authorization Act for Fiscal Year 1994 (Public 
Law 103-160), with respect to Serbia or Montenegro, may cease to be 
effective, unless--
            (1) the President first submits to the Congress a 
        certification described in subsection (b); and
            (2) the requirements of section 1511 of that Act are met.
    (b) Certification.--A certification described in this subsection is 
a certification that--
            (1) there is substantial progress toward--
                    (A) the realization of a separate identity for 
                Kosova and the right of the people of Kosova to govern 
                themselves; or
                    (B) the creation of an international protectorate 
                for Kosova;
            (2) there is substantial improvement in the human rights 
        situation in Kosova;
            (3) international human rights observers are allowed to 
        return to Kosova; and
            (4) the elected government of Kosova is permitted to meet 
        and carry out its legitimate mandate as elected representatives 
        of the people of Kosova.
    (c) Waiver Authority.--The President may waive the application in 
whole or in part, of subsection (a) if the President certifies to the 
Congress that the President has determined that the waiver is necessary 
to meet emergency humanitarian needs or to achieve a negotiated 
settlement of the conflict in Bosnia-Herzegovina that is acceptable to 
the parties.

                          special authorities

    Sec. 544. (a) Funds appropriated in title II of this Act that are 
made available for Afghanistan, Lebanon, and Cambodia, and for victims 
of war, displaced children, displaced Burmese, humanitarian assistance 
for Romania, and humanitarian assistance for the peoples of Bosnia and 
Herzegovina, Croatia, and Kosova, may be made available notwithstanding 
any other provision of law: Provided, That any such funds that are made 
available for Cambodia shall be subject to the provisions of section 
531(e) of the Foreign Assistance Act of 1961 and section 906 of the 
International Security and Development Cooperation Act of 1985: 
Provided further, That none of the funds appropriated by this Act may 
be made available, and funds previously obligated may not be expended, 
for assistance for any country or organization that the Secretary of 
State determines is cooperating, tactically or strategically, with the 
Khmer Rouge in their military operations, or to the military of any 
country that is not acting vigorously to prevent its members from 
facilitating the export of timber from Cambodia by the Khmer Rouge: 
Provided further, That the Secretary of State shall submit reports to 
the Committees on Appropriations on February 15, 1997 and September 15, 
1997, on whether there are any countries, organizations, or militaries 
for which assistance is prohibited under the previous proviso, the 
basis for such conclusions and, if appropriate, the steps being taken 
to terminate assistance.
    (b) Funds appropriated by this Act to carry out the provisions of 
sections 103 through 106 of the Foreign Assistance Act of 1961 may be 
used, notwithstanding any other provision of law, for the purpose of 
supporting tropical forestry and energy programs aimed at reducing 
emissions of greenhouse gases, and for the purpose of supporting 
biodiversity conservation activities: Provided, That such assistance 
shall be subject to sections 116, 502B, and 620A of the Foreign 
Assistance Act of 1961.
    (c) During fiscal year 1997, the President may use up to 
$40,000,000 under the authority of section 451 of the Foreign 
Assistance Act of 1961, notwithstanding the funding ceiling contained 
in subsection (a) of that section.
    (d) The Agency for International Development may employ personal 
services contractors, notwithstanding any other provision of law, for 
the purpose of administering programs for the West Bank and Gaza.

        policy on terminating the arab league boycott of israel

    Sec. 545. It is the sense of the Congress that--
            (1) the Arab League countries should immediately and 
        publicly renounce the primary boycott of Israel and the 
        secondary and tertiary boycott of American firms that have 
        commercial ties with Israel; and
            (2) the President should--
                    (A) take more concrete steps to encourage 
                vigorously Arab League countries to renounce publicly 
                the primary boycotts of Israel and the secondary and 
                tertiary boycotts of American firms that have 
                commercial relations with Israel as a confidence-
                building measure;
                    (B) take into consideration the participation of 
                any recipient country in the primary boycott of Israel 
                and the secondary and tertiary boycotts of American 
                firms that have commercial relations with Israel when 
                determining whether to sell weapons to said country;
                    (C) report to Congress on the specific steps being 
                taken by the President to bring about a public 
                renunciation of the Arab primary boycott of Israel and 
                the secondary and tertiary boycotts of American firms 
                that have commercial relations with Israel; and
                    (D) encourage the allies and trading partners of 
                the United States to enact laws prohibiting businesses 
                from complying with the boycott and penalizing 
                businesses that do comply.

                       anti-narcotics activities

    Sec. 546. (a) Of the funds appropriated or otherwise made available 
by this Act for ``Economic Support Fund'', assistance may be provided 
to strengthen the administration of justice in countries in Latin 
America and the Caribbean in accordance with the provisions of section 
534 of the Foreign Assistance Act of 1961, except that programs to 
enhance protection of participants in judicial cases may be conducted 
notwithstanding section 660 of that Act.
    (b) Funds made available pursuant to this section may be made 
available notwithstanding the third sentence of section 534(e) of the 
Foreign Assistance Act of 1961. Funds made available pursuant to 
subsection (a) for Bolivia, Colombia and Peru may be made available 
notwithstanding section 534(c) and the second sentence of section 
534(e) of the Foreign Assistance Act of 1961.

                       eligibility for assistance

    Sec. 547. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1 and 
10 of part I of the Foreign Assistance Act of 1961: Provided, That the 
President shall take into consideration, in any case in which a 
restriction on assistance would be applicable but for this subsection, 
whether assistance in support of programs of nongovernmental 
organizations is in the national interest of the United States: 
Provided further, That before using the authority of this subsection to 
furnish assistance in support of programs of nongovernmental 
organizations, the President shall notify the Committees on 
Appropriations under the regular notification procedures of those 
committees, including a description of the program to be assisted, the 
assistance to be provided, and the reasons for furnishing such 
assistance: Provided further, That nothing in this subsection shall be 
construed to alter any existing statutory prohibitions against abortion 
or involuntary sterilizations contained in this or any other Act.
    (b) Public Law 480.--During fiscal year 1997, restrictions 
contained in this or any other Act with respect to assistance for a 
country shall not be construed to restrict assistance under the 
Agricultural Trade Development and Assistance Act of 1954: Provided, 
That none of the funds appropriated to carry out title I of such Act 
and made available pursuant to this subsection may be obligated or 
expended except as provided through the regular notification procedures 
of the Committees on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act or any comparable provision of law prohibiting assistance 
        to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that violate internationally recognized 
        human rights.

                                earmarks

    Sec. 548. (a) Funds appropriated by this Act which are earmarked 
may be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is made 
impossible by operation of any provision of this or any other Act or, 
with respect to a country with which the United States has an agreement 
providing the United States with base rights or base access in that 
country, if the President determines that the recipient for which funds 
are earmarked has significantly reduced its military or economic 
cooperation with the United States since enactment of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1991; however, before exercising the authority of this subsection with 
regard to a base rights or base access country which has significantly 
reduced its military or economic cooperation with the United States, 
the President shall consult with, and shall provide a written policy 
justification to the Committees on Appropriations: Provided, That any 
such reprogramming shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
assistance that is reprogrammed pursuant to this subsection shall be 
made available under the same terms and conditions as originally 
provided.
    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the Agency for International Development that are 
earmarked for particular programs or activities by this or any other 
Act shall be extended for an additional fiscal year if the 
Administrator of such agency determines and reports promptly to the 
Committees on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it unlikely that 
such earmarked funds can be obligated during the original period of 
availability: Provided, That such earmarked funds that are continued 
available for an additional fiscal year shall be obligated only for the 
purpose of such earmark.

                         ceilings and earmarks

    Sec. 549. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent Act unless such Act specifically so 
directs.

                        excess defense articles

    Sec. 550. (a) During fiscal year 1997, the authority of section 519 
of the Foreign Assistance Act of 1961, as amended, may be used to 
provide nonlethal excess defense articles to countries for which United 
States foreign assistance has been requested and for which receipt of 
such articles was separately justified for the fiscal year, without 
regard to the restrictions in subsection (a) of section 519.
    (b) During fiscal year 1997, the authority of section 516 of the 
Foreign Assistance Act of 1961, as amended, may be used to provide 
defense articles to Jordan, Tunisia, Estonia, Latvia, Lithuania, and to 
countries eligible to participate in the Partnership for Peace and to 
receive assistance under Public Law 101-179: Provided, That not later 
than May 1, 1997, the Secretary of State shall submit a report to the 
Committees on Appropriations describing actions by the Government of 
Tunisia during the previous six months to improve respect for civil 
liberties and promote the independence of the judiciary.
    (c) Section 516(f) of the Foreign Assistance Act of 1961, as 
amended, is repealed.
    (d) Section 31(d) of the Arms Export Control Act is amended by 
deleting the words ``or pursuant to sales under this Act''.

                 prohibition on publicity or propaganda

    Sec. 551. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before the date of enactment of this Act by the 
Congress: Provided, That not to exceed $750,000 may be made available 
to carry out the provisions of section 316 of Public Law 96-533.

                       use of american resources

    Sec. 552. To the maximum extent possible, assistance provided under 
this Act should make full use of American resources, including 
commodities, products, and services.

           prohibition of payments to united nations members

    Sec. 553. None of the funds appropriated or made available pursuant 
to this Act for carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations.

                          consulting services

    Sec. 554. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 
section 3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order pursuant to existing 
law.

             private voluntary organizations--documentation

    Sec. 555. None of the funds appropriated or made available pursuant 
to this Act shall be available to a private voluntary organization 
which fails to provide upon timely request any document, file, or 
record necessary to the auditing requirements of the Agency for 
International Development.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    Sec. 556. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 40(d) of the Arms Export Control Act. The 
prohibition under this section with respect to a foreign government 
shall terminate 12 months after that government ceases to provide such 
military equipment. This section applies with respect to lethal 
military equipment provided under a contract entered into after the 
date of enactment of this Act.
    (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    (c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance to be 
provided, including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States national 
interests.

 withholding of assistance for parking fines owed by foreign countries

    Sec. 557. (a) In General.--Of the funds made available for a 
foreign country under part I of the Foreign Assistance Act of 1961, an 
amount equivalent to 110 percent of the total unpaid fully adjudicated 
parking fines and penalties owed to the District of Columbia by such 
country as of the date of enactment of this Act shall be withheld from 
obligation for such country until the Secretary of State certifies and 
reports in writing to the appropriate congressional committees that 
such fines and penalties are fully paid to the government of the 
District of Columbia.
    (b) Definition.--For purposes of this section, the term 
``appropriate congressional committees'' means the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and the 
Committee on International Relations and the Committee on 
Appropriations of the House of Representatives.

    limitation on assistance for the plo for the west bank and gaza

    Sec. 558. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation Organization for 
the West Bank and Gaza unless the President has exercised the authority 
under section 604(a) of the Middle East Peace Facilitation Act of 1995 
(title VI of Public Law 104-107) or any other legislation to suspend or 
make inapplicable section 307 of the Foreign Assistance Act of 1961 and 
that suspension is still in effect: Provided, That if the President 
fails to make the certification under section 604(b)(2) of the Middle 
East Peace Facilitation Act of 1995 or to suspend the prohibition under 
other legislation, funds appropriated by this Act may not be obligated 
for assistance for the Palestine Liberation Organization for the West 
Bank and Gaza.

                 export financing transfer authorities

    Sec. 559. Not to exceed 5 percent of any appropriation other than 
for administrative expenses made available for fiscal year 1997 for 
programs under title I of this Act may be transferred between such 
appropriations for use for any of the purposes, programs and activities 
for which the funds in such receiving account may be used, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 25 percent by any such transfer: Provided, That 
the exercise of such authority shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                          war crimes tribunals

    Sec. 560. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the authority of section 552(c) of 
the Foreign Assistance Act of 1961, as amended, may be used to provide 
up to $25,000,000 of commodities and services for the United Nations 
War Crimes Tribunal established with regard to the former Yugoslavia by 
the United Nations Security Council or such other tribunals or 
commissions as the Council may establish to deal with such violations, 
without regard to the ceiling limitation contained in paragraph (2) 
thereof: Provided, That the determination required under this section 
shall be in lieu of any determinations otherwise required under section 
552(c):  Provided further, That 60 days after the date of enactment of 
this Act, and every 180 days thereafter, the Secretary of State shall 
submit a report to the Committees on Appropriations describing the 
steps the United States Government is taking to collect information and 
intelligence regarding allegations of genocide or other violations of 
international law in the former Yugoslavia and to furnish that 
information to the United Nations War Crimes Tribunal for the former 
Yugoslavia.

               transportation of excess defense articles

    Sec. 561. Notwithstanding section 519(f) of the Foreign Assistance 
Act of 1961, during fiscal year 1997, funds available to the Department 
of Defense may be expended for crating, packing, handling and 
transportation of excess defense articles transferred under the 
authority of sections 516 and 519 to countries eligible to participate 
in the Partnership for Peace and to receive assistance under Public Law 
101-179.

                               landmines

    Sec. 562. Notwithstanding any other provision of law, demining 
equipment available to any department or agency and used in support of 
the clearing of landmines and unexploded ordnance for humanitarian 
purposes may be disposed of on a grant basis in foreign countries, 
subject to such terms and conditions as the President may prescribe: 
Provided, That section 1365(c) of the National Defense Authorization 
Act for Fiscal Year 1993 (Public Law 102-484; 22 U.S.C., 2778 note) is 
amended by striking out ``During the five-year period beginning on 
October 23, 1992'' and inserting in lieu thereof ``During the eight-
year period beginning on October 23, 1992''.

           restrictions concerning the palestinian authority

    Sec. 563. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new office 
of any department or agency of the United States Government for the 
purpose of conducting official United States Government business with 
the Palestinian Authority over Gaza and Jericho or any successor 
Palestinian governing entity provided for in the Israel-PLO Declaration 
of Principles: Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate General in 
Jerusalem: Provided further, That meetings between officers and 
employees of the United States and officials of the Palestinian 
Authority, or any successor Palestinian governing entity provided for 
in the Israel-PLO Declaration of Principles, for the purpose of 
conducting official United States Government business with such 
authority should continue to take place in locations other than 
Jerusalem. As has been true in the past, officers and employees of the 
United States Government may continue to meet in Jerusalem on other 
subjects with Palestinians (including those who now occupy positions in 
the Palestinian Authority), have social contacts, and have incidental 
discussions.

               prohibition of payment of certain expenses

    Sec. 564. None of the funds appropriated or otherwise made 
available by this Act under the heading ``international military 
education and training'' or ``foreign military financing program'' for 
Informational Program activities may be obligated or expended to pay 
for--
            (1) alcoholic beverages;
            (2) food (other than food provided at a military 
        installation) not provided in conjunction with Informational 
        Program trips where students do not stay at a military 
        installation; or
            (3) entertainment expenses for activities that are 
        substantially of a recreational character, including entrance 
        fees at sporting events and amusement parks.

                        humanitarian assistance

    Sec. 565. The Foreign Assistance Act of 1961 is amended by adding 
immediately after section 620H the following new section:
    ``Sec. 620I. Prohibition on Assistance to Countries That Restrict 
United States Humanitarian Assistance.--
            ``(a) In general.--No assistance shall be furnished under 
        this Act or the Arms Export Control Act to any country when it 
        is made known to the President that the government of such 
        country prohibits or otherwise restricts, directly or 
        indirectly, the transport or delivery of United States 
        humanitarian assistance.
            ``(b) Exception.--Assistance may be furnished without 
        regard to the restriction in subsection (a) if the President 
        determines that to do so is in the national security interest 
        of the United States.''.

            purchase of american-made equipment and products

    Sec. 566. (a) Sense of Congress.--It is the sense of the Congress 
that, to the greatest extent practicable, all equipment and products 
purchased with funds made available in this Act should be American-
made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.

        limitation of funds for north american development bank

    Sec. 567. None of the funds appropriated in this Act under the 
heading ``North American Development Bank'' and made available for the 
Community Adjustment and Investment Program shall be used for purposes 
other than those set out in the binational agreement establishing the 
Bank.

                          policy toward burma

    Sec. 568. (a) Until such time as the President determines and 
certifies to Congress that Burma has made measurable and substantial 
progress in improving human rights practices and implementing 
democratic government, the following sanctions shall be imposed on 
Burma:
            (1) Bilateral assistance.--There shall be no United States 
        assistance to the Government of Burma, other than:
                    (A) humanitarian assistance,
                    (B) counter-narcotics assistance under chapter 8 of 
                part I of the Foreign Assistance Act of 1961, or crop 
                substitution assistance, if the Secretary of State 
                certifies to the appropriate congressional committees 
                that--
                            (i) the Government of Burma is fully 
                        cooperating with United States counter-
                        narcotics efforts, and
                            (ii) the programs are fully consistent with 
                        United States human rights concerns in Burma 
                        and serve the United States national interest, 
                        and
                    (C) assistance promoting human rights and 
                democratic values.
            (2) Multilateral assistance.--The Secretary of the Treasury 
        shall instruct the United States executive director of each 
        international financial institution to vote against any loan or 
        other utilization of funds of the respective bank to or for 
        Burma.
            (3) Visas.--Except as required by treaty obligations or to 
        staff the Burmese mission to the United States, the United 
        States shall not grant entry visas to any Burmese government 
        official.
    (b) Conditional Sanctions.--The President shall prohibit United 
States persons from new investment in Burma, if the President 
determines and certifies to Congress that, after the date of enactment 
of this Act, the Government of Burma has physically harmed, rearrested 
for political acts, or exiled Daw Aung San Suu Kyi or has committed 
large-scale repression of or violence against the Democratic 
opposition.
    (c) Multilateral Strategy.--The President shall seek to develop, in 
coordination with members of ASEAN and other countries having major 
trading and investment interests in Burma, a comprehensive, 
multilateral strategy to bring democracy to and improve human rights 
practices and the quality of life in Burma, including the development 
of a dialogue between the State Law and Order Restoration Council 
(SLORC) and democratic opposition groups within Burma.
    (d) Presidential Reports.--Every six months following the enactment 
of this Act, the President shall report to the Chairmen of the 
Committee on Foreign Relations, the Committee on International 
Relations and the House and Senate Appropriations Committees on the 
following:
            (1) progress toward democratization in Burma;
            (2) progress on improving the quality of life of the 
        Burmese people, including progress on market reforms, living 
        standards, labor standards, use of forced labor in the tourism 
        industry, and environmental quality; and
            (3) progress made in developing the strategy referred to in 
        subsection (c).
    (e) Waiver Authority.--The President shall have the authority to 
waive, temporarily or permanently, any sanction referred to in 
subsection (a) or subsection (b) if he determines and certifies to 
Congress that the application of such sanction would be contrary to the 
national security interests of the United States.
    (f) Definitions.--
            (1) The term ``international financial institutions'' shall 
        include the International Bank for Reconstruction and 
        Development, the International Development Association, the 
        International Finance Corporation, the Multilateral Investment 
        Guarantee Agency, the Asian Development Bank, and the 
        International Monetary Fund.
            (2) The term ``new investment'' shall mean any of the 
        following activities if such an activity is undertaken pursuant 
        to an agreement, or pursuant to the exercise of rights under 
        such an agreement, that is entered into with the Government of 
        Burma or a nongovernmental entity in Burma, on or after the 
        date of the certification under subsection (b):
                    (A) the entry into a contract that includes the 
                economical development of resources located in Burma, 
                or the entry into a contract providing for the general 
                supervision and guarantee of another person's 
                performance of such a contract;
                    (B) the purchase of a share of ownership, including 
                an equity interest, in that development;
                    (C) the entry into a contract providing for the 
                participation in royalties, earnings, or profits in 
                that development, without regard to the form of the 
                participation:
        Provided, That the term ``new investment'' does not include the 
        entry into, performance of, or financing of a contract to sell 
        or purchase goods, services, or technology.

                   reports on the situation in burma

    Sec. 569. (a) Labor Practices.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Labor, in 
consultation with the Secretary of State, shall submit a report to the 
appropriate congressional committees on--
            (1) Burma's compliance with international labor standards 
        including, but not limited to, the use of forced labor, slave 
        labor, and involuntary prison labor by the junta;
            (2) the degree to which foreign investment in Burma 
        contributes to violations of fundamental worker rights;
            (3) labor practices in support of Burma's foreign tourist 
        industry; and
            (4) efforts by the United States to end violations of 
        fundamental labor rights in Burma.
    (b) Definition.--As used in this section, the term ``appropriate 
congressional committees'' means the Committee on Appropriations and 
the Committee on Foreign Relations of the Senate and the Committee on 
Appropriations and the Committee on International Relations of the 
House of Representatives.
    (c) Funding.--(1) There are hereby appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1997, for expenses necessary to carry out the provisions 
of this section, $30,000 to the Department of Labor.
    (2) The amount appropriated by this Act under the heading 
``Department of State, international narcotics control'' shall be 
reduced by $30,000.

                  special debt relief for the poorest

    Sec. 570. (a) Authority To Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961; or
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act.
    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt 
        burdens that are eligible to borrow from the International 
        Development Association, but not from the International Bank 
        for Reconstruction and Development, commonly referred to as 
        ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, fiscal years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act 
under the heading ``Debt restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance for 
purposes of any provision of law limiting assistance to a country. The 
authority provided by subsection (a) may be exercised notwithstanding 
section 620(r) of the Foreign Assistance Act of 1961.

             authority to engage in debt buybacks or sales

    Sec. 571. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion thereof, only 
        for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its 
                own qualified debt, only if the eligible country uses 
                an additional amount of the local currency of the 
                eligible country, equal to not less than 40 percent of 
                the price paid for such debt by such eligible country, 
                or the difference between the price paid for such debt 
                and the face value of such debt, to support activities 
                that link conservation and sustainable use of natural 
                resources with local community development, and child 
                survival and other child development, in a manner 
                consistent with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, or 
                cancellation would not contravene any term or condition 
                of any prior agreement relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this 
        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, 
        and shall direct such agency to carry out the sale, reduction, 
        or cancellation of a loan pursuant to this section. Such agency 
        shall make an adjustment in its accounts to reflect the sale, 
        reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall 
        be available only to the extent that appropriations for the 
        cost of the modification, as defined in section 502 of the 
        Congressional Budget Act of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President shall consult 
with the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act 
under the heading ``Debt Restructuring''.

          sanctions against countries harboring war criminals

    Sec. 572. (a) Bilateral Assistance.--Funds appropriated by this Act 
under the Foreign Assistance Act of 1961 or the Arms Export Control Act 
may not be provided for any country described in subsection (c).
    (b) Multilateral Assistance.--The Secretary of the Treasury shall 
instruct the United States executive directors of the international 
financial institutions to work in opposition to, and vote against, any 
extension by such institutions of financing or financial or technical 
assistance to any country described in subsection (c).
    (c) Sanctioned Countries.--A country described in this subsection 
is a country the government of which knowingly grants sanctuary to 
persons in its territory for the purpose of evading prosecution, where 
such persons--
            (1) have been indicted by the International Criminal 
        Tribunal for the former Yugoslavia, the International Criminal 
        Tribunal for Rwanda, or any other international tribunal with 
        similar standing under international law, or
            (2) have been indicted for war crimes or crimes against 
        humanity committed during the period beginning March 23, 1933 
        and ending on May 8, 1945 under the direction of, or in 
        association with--
                    (A) the Nazi government of Germany;
                    (B) any government in any area occupied by the 
                military forces of the Nazi government of Germany;
                    (C) any government which was established with the 
                assistance or cooperation of the Nazi government; or
                    (D) any government which was an ally of the Nazi 
                government of Germany.

                   limitation on assistance for haiti

    Sec. 573. (a) None of the funds appropriated or otherwise made 
available by this Act, may be provided to the Government of Haiti until 
the President reports to Congress that--
            (1) the Government is conducting thorough investigations of 
        extrajudicial and political killings; and
            (2) the Government is cooperating with United States 
        authorities in the investigations of political and 
        extrajudicial killings.
    (b) Nothing in this section shall be construed to restrict the 
provision of humanitarian, development or electoral assistance.
    (c) The President may waive the requirements of this section if he 
determines and certifies to the appropriate committees of Congress that 
it is in the national interest of the United States or necessary to 
assure the safe and timely withdrawal of American forces from Haiti.

  limitation on funds to the territory of the bosniac-croat federation

    Sec. 574. Funds appropriated by this Act for activities in the 
internationally-recognized borders of Bosnia and Herzegovina (other 
than refugee and disaster assistance and assistance for restoration of 
infrastructure, to include power grids, water supplies and natural gas) 
may only be made available for activities in the territory of the 
Bosniac-Croat Federation.

                 united states government publications

    Sec. 575. Beginning in fiscal year 1997, all United States 
Government publications shall refer to the capital of Israel as 
Jerusalem.

              extension of certain adjudication provisions

    Sec. 576. The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``and 1996'' 
                and inserting ``1996, and 1997''; and
                    (B) in subsection (e), by striking out ``October 1, 
                1996'' each place it appears and inserting ``October 1, 
                1997''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking out ``September 30, 1996'' and inserting 
        ``September 30, 1997''.

                        transparency of budgets

    Sec. 577. (a) Limitation.--Beginning three years after the date of 
the enactment of this Act, the Secretary of the Treasury shall instruct 
the United States Executive Director of each international financial 
institution to use the voice and vote of the United States to oppose 
any loan or other utilization of the funds of their respective 
institution, other than to address basic human needs, for the 
government of any country which the Secretary of the Treasury 
determines--
            (1) does not have in place a functioning system for a 
        civilian audit of all receipts and expenditures in the portions 
        of its budget that fund activities of the armed forces and 
        security forces;
            (2) has not provided a summary of a current audit to the 
        institution; and
            (3) has not provided to the institution an accounting of 
        the ownership and financial interest in revenue-generating 
        enterprises of the armed forces and security forces.
    (b) Definition.--For purposes of this section, the term 
``international financial institution'' shall include the institutions 
identified in section 535(b) of this Act.

                       promotion of human rights

    Sec. 578. A senior official, or former senior official, of a 
government that receives funds appropriated by this Act, who applies 
for a visa to travel to the United States, shall be denied such visa if 
the Secretary of State has credible evidence that such official has 
committed, ordered or attempted to thwart the investigation of a gross 
violation of an internationally recognized human right: Provided, That 
for purposes of this section ``senior official'' includes an officer of 
the armed forces or security forces: Provided further, That the 
Secretary of State may waive the restrictions of this section on a 
case-by-case basis if he determines and reports to the Committees on 
Appropriations that to do so is important to the national interest of 
the United States.

                               guarantees

    Sec. 579. Section 251(b)(2)(G) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 is amended by striking ``fiscal year 1994 
and 1995'' and inserting in lieu thereof ``fiscal years 1994, 1995, and 
1997'' in both places that this appears.

information on cooperation with united states anti-terrorism efforts in 
                  annual country reports on terrorism

    Sec. 580. Section 140 of the Foreign Relations Authorization Act, 
fiscal years 1988 and 1989 (22 U.S.C. 2656f) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (1);
                    (B) by striking the period at the end of paragraph 
                (2) and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) with respect to each foreign country from which the 
        United States Government has sought cooperation during the 
        previous five years in the investigation or prosecution of an 
        act of international terrorism against United States citizens 
        or interests, information on--
                    ``(A) the extent to which the government of the 
                foreign country is cooperating with the United States 
                Government in apprehending, convicting, and punishing 
                the individual or individuals responsible for the act; 
                and
                    ``(B) the extent to which the government of the 
                foreign country is cooperating in preventing further 
                acts of terrorism against United States citizens in the 
                foreign country; and
            ``(4) with respect to each foreign country from which the 
        United States Government has sought cooperation during the 
        previous five years in the prevention of an act of 
        international terrorism against such citizens or interests, the 
        information described in paragraph (3)(B).''; and
            (2) in subsection (c)--
                    (A) by striking ``The report'' and inserting ``(1) 
                Except as provided in paragraph (2), the report'';
                    (B) by indenting the margin of paragraph (1) as so 
                designated, 2 ems; and
                    (C) by adding at the end the following:
            ``(2) If the Secretary of State determines that the 
        transmittal of the information with respect to a foreign 
        country under paragraph (3) or (4) of subsection (a) in 
        classified form would make more likely the cooperation of the 
        government of the foreign country as specified in such 
        paragraph, the Secretary may transmit the information under 
        such paragraph in classified form.''.

                       female genital mutilation

    Sec. 581. (a) Limitation.--Beginning 1 year after the date of the 
enactment of this Act, the Secretary of the Treasury shall instruct the 
United States Executive Director of each international financial 
institution to use the voice and vote of the United States to oppose 
any loan or other utilization of the funds of their respective 
institution, other than to address basic human needs, for the 
government of any country which the Secretary of the Treasury 
determines--
            (1) has, as a cultural custom, a known history of the 
        practice of female genital mutilation;
            (2) has not made the practice of female genital mutilation 
        illegal; and
            (3) has not taken steps to implement educational programs 
        designed to prevent the practice of female genital mutilation.
    (b) Definition.--For purposes of this section, the term 
``international financial institution'' shall include the institutions 
identified in section 535(b) of this Act.

sense of congress regarding the united states-japan insurance agreement

    Sec. 582. (a) Findings.--The Congress makes the following findings:
            (1) The United States and Japan share a long and important 
        bilateral relationship which serves as an anchor of peace and 
        stability in the Asia Pacific region, an alliance which was 
        reaffirmed at the recent summit meeting between President 
        Clinton and Prime Minister Hashimoto in Tokyo.
            (2) The Japanese economy has experienced difficulty over 
        the past few years, demonstrating that it is no longer possible 
        for Japan, the world's second largest economy, to use exports 
        as the sole engine of economic growth, but that the Government 
        of Japan must promote deregulation of its domestic economy in 
        order to increase economic growth.
            (3) Japan is the second largest insurance market in the 
        world and the largest life insurance market in the world.
            (4) The share of foreign insurance in Japan is less than 3 
        percent, and large Japanese life and non-life insurers dominate 
        the market.
            (5) The Government of Japan has had as its stated policy 
        for several years the deregulation and liberalization of the 
        Japan insurance market, and has developed and adopted a new 
        insurance business law as a means of achieving this publicly 
        stated objective of liberalization and deregulation.
            (6) The Governments of Japan and the United States 
        concluded in October of 1994 the United States-Japan Insurance 
        Agreement, following more than one and one-half years of 
        negotiations, in which Agreement the Government of Japan 
        reiterated its intent to deregulate and liberalize its market.
            (7) The Government of Japan in June of 1995 undertook 
        additional obligations to provide greater foreign access and 
        liberalization to its market through its schedule of insurance 
        obligations during the financial services negotiations of the 
        World Trade Organization (WTO).
            (8) The United States insurance industry is the most 
        competitive in the world, operates successfully throughout the 
        world, and thus could be expected to achieve higher levels of 
        market access and profitability under a more open, deregulated 
        and liberalized Japanese market.
            (9) Despite more than one and one-half years since the 
        conclusion of the United States-Japan Insurance Agreement, 
        despite more than one year since Japan undertook new 
        commitments under the WTO, despite the entry into force on 
        April 1, 1996, of the new Insurance Business Law, the Japanese 
        market remains closed and highly regulated and thus continues 
        to deny fair and open treatment for foreign insurers, including 
        competitive United States insurers.
            (10) The non-implementation of the United States-Japan 
        Insurance Agreement is a matter of grave importance to the 
        United States Government.
            (11) Dozens of meetings between the United States Trade 
        Representative and the Ministry of Finance have taken place 
        during the past year.
            (12) President Clinton, Vice President Gore, Secretary 
        Rubin, Secretary Christopher, Secretary Kantor, Ambassador 
        Barshefsky have all indicated to their counterparts in the 
        Government of Japan the importance of this matter to the United 
        States.
            (13) The United States Senate has written repeatedly to the 
        Minister of Finance and the Ambassador of Japan.
            (14) Despite all of these efforts and indications of 
        importance, the Ministry of Finance has failed to implement the 
        United States-Japan Insurance Agreement.
            (15) Several deadlines have already passed for resolution 
        of this issue with the latest deadline set for July 31, 1996.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) the Ministry of Finance of the Government of Japan 
        should immediately and without further delay completely and 
        fully comply with all provisions of the United States-Japan 
        Insurance Agreement, including most especially those which 
        require the Ministry of Finance to deregulate and liberalize 
        the primary sectors of the Japanese market, and those which 
        insure that the current position of foreign insurers in Japan 
        will not be jeopardized until primary sector deregulation has 
        been achieved, and a three-year period has elapsed; and
            (2) failing satisfactory resolution of this matter on or 
        before July 31, 1996, the United States Government should use 
        any and all resources at its disposal to bring about full and 
        complete compliance with the Agreement.

          sense of congress regarding the conflict in chechnya

    Sec. 583. (a) Congressional Declaration.--The Congress declares 
that the continuation of the conflict in Chechnya, the continued 
killing of innocent civilians, and the ongoing violation of human 
rights in that region are unacceptable.
    (b) Sense of Congress.--The Congress hereby--
            (1) condemns Russia's infringement of the cease-fire 
        agreements in Chechnya;
            (2) calls upon the Government of the Russian Federation to 
        bring an immediate halt to offensive military actions in 
        Chechnya and requests President Yeltsin to honor his decree of 
        June 25, 1996 concerning the withdrawal of Russian armed forces 
        from Chechnya;
            (3) encourages the two warring parties to resume 
        negotiations without delay so as to find a peaceful political 
        solution to the Chechen problem; and
            (4) supports the Organization for Security and Cooperation 
        in Europe and its representatives in Chechnya in its efforts to 
        mediate in Chechnya.

  requirement for disclosure of foreign aid in report of secretary of 
                                 state

    Sec. 584. (a) Foreign Aid Reporting Requirement.--In addition to 
the voting practices of a foreign country, the report required to be 
submitted to Congress under section 406(a) of the Foreign Relations 
Authorization Act, fiscal years 1990 and 1991 (22 U.S.C. 2414a), shall 
include a side-by-side comparison of individual countries' overall 
support for the United States at the United Nations and the amount of 
United States assistance provided to such country in that fiscal year.
    (b) United States Assistance.--For purposes of this section, the 
term ``United States assistance'' has the meaning given the term in 
section 481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291(e)(4)).

report on domestic federal agencies furnishing united states assistance

    Sec. 585. (a) In General.--Not later than June 1, 1997, the 
Comptroller General of the United States shall study and report to the 
Congress on all assistance furnished directly or indirectly to foreign 
countries, foreign entities, and international organizations by 
domestic Federal agencies and Federal agencies.
    (b) Definitions.--As used in this section:
            (1) Domestic federal agency.--The term ``domestic Federal 
        agency'' means a Federal agency the primary mission of which is 
        to carry out functions other than foreign affairs, defense, or 
        national security functions.
            (2) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term in section 551(1) of title 5, United 
        States Code.
            (3) International organization.--The term ``international 
        organization'' has the meaning given the term in section 1 of 
        the International Organization Immunities Act (22 U.S.C. 288).
            (4) United states assistance.--The term ``United States 
        assistance'' has the meaning given the term in section 
        481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2291(e)(4)).

   restrictions on voluntary contributions to united nations agencies

    Sec. 586. (a) Prohibition on Voluntary Contributions for the United 
Nations.--None of the funds appropriated or otherwise made available by 
this Act may be made available to pay any voluntary contribution of the 
United States to the United Nations or any of its specialized agencies 
(including the United Nations Development Program) if the United 
Nations attempts to implement or impose any taxation or fee on any 
United States persons or borrows funds from any international financial 
institution.
    (b) Certification Required for Disbursement of Funds.--None of the 
funds appropriated or otherwise made available under this Act may be 
made available to pay any voluntary contribution of the United States 
to the United Nations or any of its specialized agencies (including the 
United Nations Development Program) unless the President certifies to 
the Congress 15 days in advance of such payment that the United Nations 
or such agency, as the case may be, is not engaged in, and has not been 
engaged in during the previous fiscal year, any effort to develop, 
advocate, promote, or publicize any proposal concerning taxation or 
fees on United States persons in order to raise revenue for the United 
Nations or any of its specialized agencies.
    (c) Definitions.--As used in this section:
            (1) The term ``international financial institution'' 
        includes the African Development Bank, the African Development 
        Fund, the Asian Development Bank, the European Bank for 
        Reconstruction and Development, the Inter-American Development 
        Bank, the International Bank for Reconstruction and 
        Development, the International Development Association, the 
        International Finance Corporation, the International Monetary 
        Fund, and the Multilateral Insurance Guaranty Agency; and
            (2) The term ``United States person'' refers to--
                    (A) a natural person who is a citizen or national 
                of the United States; or
                    (B) a corporation, partnership, or other legal 
                entity organized under the United States or any State, 
                territory, possession, or district of the United 
                States.

                                 haiti

    Sec. 587. The Government of Haiti shall be eligible to purchase 
defense articles and services under the Arms Export Control Act (22 
U.S.C. 2751 et seq.), for the civilian-led Haitian National Police and 
Coast Guard, except as otherwise stated in law: Provided, That the 
authority provided by this section shall be subject to the regular 
notification procedures of the Committees on Appropriations.

            trade relations with eastern and central europe.

    Sec. 588. (a) Findings.--The Congress makes the following findings:
            (1) The countries of Central and Eastern Europe, including 
        Poland, Hungary, the Czech Republic, Slovakia, Romania, 
        Slovenia, Lithuania, Latvia, Estonia, and Bulgaria, are 
        important to the long-term stability and economic success of a 
        future Europe freed from the shackles of communism.
            (2) The Central and Eastern European countries, 
        particularly Hungary, Poland, the Czech Republic, Romania, 
        Slovakia, Slovenia, Latvia, Lithuania, and Estonia, are in the 
        midst of dramatic reforms to transform their centrally planned 
        economies into free market economies and to join the Western 
        community.
            (3) It is in the long-term interest of the United States to 
        encourage and assist the transformation of Central and Eastern 
        Europe into a free market economy, which is the solid 
        foundation of democracy, and will contribute to regional 
        stability and greatly increased opportunities for commerce with 
        the United States.
            (4) Trade with the countries of Central and Eastern Europe 
        accounts for less than one percent of total United States 
        trade.
            (5) The presence of a market with more than 140,000,000 
        people, with a growing appetite for consumer goods and services 
        and badly in need of modern technology and management, should 
        be an important market for United States exports and 
        investments.
            (6) The United States has concluded agreements granting 
        most-favored-nation status to most of the countries of Central 
        and Eastern Europe.
    (b) Sense of the Congress.--It is the sense of the Congress that 
the President should take steps to promote more open, fair, and free 
trade between the United States and the countries of Central Europe, 
including Poland, Hungary, the Czech Republic, Slovakia, Lithuania, 
Latvia, Estonia, Romania, and Slovenia, including--
            (1) developing closer commercial contacts;
            (2) the mutual elimination of tariff and nontariff 
        discriminatory barriers in trade with these countries;
            (3) exploring the possibility of framework agreements that 
        would lead to a free trade agreement;
            (4) negotiating bilateral investment treaties;
            (5) stimulating increased United States exports and 
        investments to the region;
            (6) obtaining further liberalization of investment 
        regulations and protection against nationalization in these 
        foreign countries; and
            (7) establishing fair and expeditious dispute settlement 
        procedures.

                limitation on foreign sovereign immunity

    Sec. 589. (a) In General.--Section 1605(a)(7) of title 28, United 
States Code, is amended to read as follows:
            ``(7) in which money damages are sought against a foreign 
        state for personal injury or death caused by an act of torture, 
        extrajudicial killing, aircraft sabotage, hostage taking, or 
        the provision of material support or resources (as defined in 
        section 2339A of title 18) for such an act, if--
                    ``(A) such act or provision of material support was 
                engaged in by an official, employee, or agent of such 
                foreign state while acting within the scope of his or 
                her office, employment, or agency;
                    ``(B) the foreign state against whom the claim was 
                brought--
                            ``(i) was designated as a state sponsor of 
                        terrorism under section 6(j) of the Export 
                        Administration Act of 1979 (50 U.S.C. App. 
                        2405(j)) or section 620A of the Foreign 
                        Assistance Act of 1961 (22 U.S.C. 2371) at the 
                        time the act occurred or was later so 
                        designated as a result of such act; or
                            ``(ii) had no treaty of extradition with 
                        the United States at the time the act occurred 
                        and no adequate and available remedies exist 
                        either in such state or in the place in which 
                        the act occurred;
                    ``(C) the claimant has afforded the foreign state a 
                reasonable opportunity to arbitrate the claim in 
                accordance with accepted international rules of 
                arbitration; and
                    ``(D) the claimant or victim was a national of the 
                United States (as that term is defined in section 
                101(a)(22) of the Immigration and Nationality Act) when 
                the act upon which the claim is based occurred.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to actions brought in United States courts on or 
after the date of enactment of this Act.

                  sense of congress regarding croatia

    Sec. 590. (a) Findings.--The Congress makes the following findings:
            (1) Croatia has politically and financially contributed to 
        the NATO peacekeeping operations in Bosnia;
            (2) The economic stability and security of Croatia is 
        important to the stability of South Central Europe; and
            (3) Croatia is in the process of joining the Partnership 
        for Peace.
    (b) Sense of Congress.--It is the Sense of Congress that:
            (1) Croatia should be recognized and commended for its 
        contributions to NATO and the various peacekeeping efforts in 
        Bosnia;
            (2) The United States should support the active 
        participation of Croatia in activities appropriate for 
        qualifying for NATO membership, provided Croatia continues to 
        adhere fully to the Dayton Peace Accords and continues to make 
        progress toward establishing democratic institutions, a free 
        market, and the rule of law.

               romania's progress toward nato membership

    Sec. 591. (a) Findings.--The Congress makes the following findings:
            (1) Romania emerged from years of brutal Communist 
        dictatorship in 1989 and approved a new Constitution and 
        elected a Parliament by 1991, laying the foundation for a 
        modern parliamentary democracy charged with guaranteeing 
        fundamental human rights, freedom of expression, and respect 
        for private property;
            (2) Local elections, parliamentary elections, and 
        presidential elections have been held in Romania, with 1996 
        marking the second nationwide presidential elections under the 
        new Constitution;
            (3) Romania was the first former Eastern bloc country to 
        join NATO's Partnership for Peace program and has hosted 
        Partnership for Peace military exercises on its soil;
            (4) Romania is the second largest country in terms of size 
        and population in Central Europe and as such is strategically 
        significant;
            (5) Romania formally applied for NATO membership in April 
        of 1996 and has begun an individualized dialogue with NATO on 
        its membership application; and
            (6) Romania has contributed to the peace and reconstruction 
        efforts in Bosnia by participating in the Implementation Force 
        (IFOR).
    (b) Sense of the Congress.--Therefore, it is the sense of the 
Congress that:
            (1) Romania is making significant progress toward 
        establishing democratic institutions, a free market economy, 
        civilian control of the armed forces and the rule of law;
            (2) Romania is making important progress toward meeting the 
        criteria for accession into NATO;
            (3) Romania deserves commendation for its clear desire to 
        stand with the West in NATO, as evidenced by its early entry 
        into the Partnership for Peace, its formal application for NATO 
        membership, and its participation in IFOR;
            (4) Romania should be evaluated for membership in the NATO 
        Participation Act's transition assistance program at the 
        earliest opportunity; and
            (5) The United States should work closely with Romania and 
        other countries working toward NATO membership to ensure that 
        every opportunity is provided.

  sense of congress regarding expansion of eligibility for holocaust 
           survivor compensation by the government of germany

    Sec. 592. (a) Findings.--The Congress makes the following findings:
            (1) After nearly half a century, tens of thousands of 
        Holocaust survivors continue to be denied justice and 
        compensation by the Government of Germany.
            (2) These people who suffered grievously at the hands of 
        the Nazis are now victims of unreasonable and arbitrary rules 
        which keep them outside the framework of the various 
        compensation programs.
            (3) Compensation for these victims has been non-existent 
        or, at best, woefully inadequate.
            (4) The time has come to right this terrible wrong.
    (b) Sense of Congress.--The Congress calls upon the Government of 
Germany to negotiate in good faith with the Conference on Jewish 
Material Claims Against Germany to broaden the categories of those 
eligible for compensation so that the injustice of uncompensated 
Holocaust survivors may be corrected before it is too late.

    sense of senate on delivery by china of cruise missiles to iran

    Sec. 593. (a) Findings.--The Senate makes the following findings:
            (1) On February 22, 1996, the Director of Central 
        Intelligence informed the Senate that the Government of the 
        People's Republic of China had delivered cruise missiles to 
        Iran.
            (2) On June 19, 1996, the Under Secretary of State for Arms 
        Control and International Security Affairs informed Congress 
        that the Department of State had evidence of Chinese-produced 
        cruise missiles in Iran.
            (3) On at least three occasions in 1996, including July 15, 
        1996, the Commander of the United States Fifth Fleet has 
        pointed to the threat posed by Chinese-produced cruise missiles 
        to the 15,000 United States sailors and marines stationed in 
        the Persian Gulf region.
            (4) Section 1605 of the Iran-Iraq Arms Non-Proliferation 
        Act of 1992 (title XVI of Public Law 102-484; 50 U.S.C. 1701 
        note) both requires and authorizes the President to impose 
        sanctions against any foreign government that delivers cruise 
        missiles to Iran.
    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) the Government of the People's Republic of China should 
        immediately halt the delivery of cruise missiles and other 
        advanced conventional weapons to Iran; and
            (2) the President should enforce all appropriate United 
        States laws with respect to the delivery by that government of 
        cruise missiles to Iran.

sense of senate on delivery by china of ballistic missile technology to 
                                 syria

    Sec. 594. (a) Findings.--The Senate makes the following findings:
            (1) Credible information exists indicating that defense 
        industrial trading companies of the People's Republic of China 
        may have transferred ballistic missile technology to Syria.
            (2) On October 4, 1994, the Government of the People's 
        Republic of China entered into a written agreement with the 
        United States pledging not to export missiles or related 
        technology that would violate the Missile Technology Control 
        Regime (MTCR).
            (3) Section 73(f) of the Arms Export Control Act (22 U.S.C. 
        2797b(f)) states that, when determining whether a foreign 
        person may be subject to United States sanctions for 
        transferring technology listed on the MTCR Annex, it should be 
        a rebuttable presumption that such technology is designed for 
        use in a missile listed on the MTCR Annex if the President 
        determines that the final destination of the technology is a 
        country the government of which the Secretary of State has 
        determined, for purposes of section 6(j)(1)(A) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), has 
        repeatedly provided support for acts of international 
        terrorism.
            (4) The Secretary of State has determined under the terms 
        of section 6(j)(1)(A) of the Export Administration Act of 1979 
        that Syria has repeatedly provided support for acts of 
        international terrorism.
            (5) In 1994 Congress explicitly enacted section 73(f) of 
        the Arms Export Control Act in order to target the transfer of 
        ballistic missile technology to terrorist nations.
            (6) The presence of ballistic missiles in Syria would pose 
        a threat to United States Armed Forces and to regional peace 
        and stability in the Middle East.
    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) it is in the national security interests of the United 
        States and the State of Israel to prevent the spread of 
        ballistic missiles and related technology to Syria;
            (2) the Government of the People's Republic of China should 
        continue to honor its agreement with the United States not to 
        export missiles or related technology that would violate the 
        Missile Technology Control Regime; and
            (3) the President should exercise all legal authority 
        available to the President to prevent the spread of ballistic 
        missiles and related technology to Syria.

refugee status for adult children of former vietnamese reeducation camp 
        internees resettled under the orderly departure program

    Sec. 595. (a) Eligibility for Orderly Departure Program.--For 
purposes of eligibility for the Orderly Departure Program for nationals 
of Vietnam, an alien described in subsection (b) shall be considered to 
be a refugee of special humanitarian concern to the United States 
within the meaning of section 207 of the Immigration and Nationality 
Act (8 U.S.C. 1157) and shall be admitted to the United States for 
resettlement if the alien would be admissible as an immigrant under the 
Immigration and Nationality Act (except as provided in section 
207(c)(3) of that Act).
    (b) Aliens Covered.--An alien described in this subsection is an 
alien who--
            (1) is the son or daughter of a national of Vietnam who--
                    (A) was formerly interned in a reeducation camp in 
                Vietnam by the Government of the Socialist Republic of 
                Vietnam; and
                    (B) has been accepted for resettlement as a refugee 
                under the Orderly Departure Program on or after April 
                1, 1995;
            (2) is 21 years of age or older; and
            (3) was unmarried as of the date of acceptance of the 
        alien's parent for resettlement under the Orderly Departure 
        Program.
    (c) Supersedes Existing Law.--This section supersedes any other 
provision of law.

                 democratic people's republic of korea

    Sec. 596. Ninety days after the date of enactment of this Act, and 
every 180 days thereafter, the Secretary of State, in consultation with 
the Secretary of Defense, shall provide a report in a classified or 
unclassified form to the Committee on Appropriations including the 
following information:
            (a) a best estimate on fuel used by the military forces of 
        the Democratic People's Republic of Korea (DPRK);
            (b) the deployment position and military training and 
        activities of the DPRK forces and best estimate of the 
        associated costs of these activities;
            (c) steps taken to reduce the DPRK level of forces; and
            (d) cooperation, training, or exchanges of information, 
        technology or personnel between the DPRK and any other nation 
        supporting the development or deployment of a ballistic missile 
        capability.

        prosecution of major drug traffickers residing in mexico

    Sec. 597. (a) Report.--(1) Not later than 30 days after the date of 
enactment of this Act, the Administrator of the Drug Enforcement 
Administration shall submit a report to the President--
            (A) identifying the 10 individuals who are indicted in the 
        United States for unlawful trafficking or production of 
        controlled substances most sought by United States law 
        enforcement officials and who there is reason to believe reside 
        in Mexico; and
            (B) identifying 25 individuals not named under paragraph 
        (1) who have been indicted for such offenses and who there is 
        reason to believe reside in Mexico.
    (2) The President shall promptly transmit to the Government of 
Mexico a copy of the report submitted under paragraph (1).
    (b) Prohibition.--
            (1) In general.--None of the funds appropriated under the 
        heading ``International Military Education and Training'' may 
        be made available for any program, project, or activity for 
        Mexico.
            (2) Exception.--Paragraph (1) shall not apply if, not later 
        than 6 months after the date of enactment of this Act, the 
        President certifies to Congress that--
                    (A) the Government of Mexico has extradited to the 
                United States the individuals named pursuant to 
                subsection (a)(1); or
                    (B) the Government of Mexico has apprehended and 
                begun prosecution of the individuals named pursuant to 
                subsection (a)(1).
    (c) Waiver.--Subsection (b) shall not apply if the President of 
Mexico certifies to the President of the United States that--
            (1) the Government of Mexico made intensive, good faith 
        efforts to apprehend the individuals named pursuant to 
        subsection (a)(1) but did not find one or more of the 
        individuals within Mexico; and
            (2) the Government of Mexico has apprehended and extradited 
        or apprehended and prosecuted 3 individuals named pursuant to 
        subsection (a)(2) for each individual not found under paragraph 
        (1).

      deobligation of certain unexpended economic assistance funds

    Sec. 598. Chapter 3 of part III of the Foreign Assistance Act of 
1961 (22 U.S.C. 2401 et seq.) is amended by adding at the end the 
following:

``SEC. 668. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC ASSISTANCE 
              FUNDS.

    ``(a) Requirement to Deobligate.--
            ``(1) In general.--Except as provided in subsection (b) of 
        this section and in paragraphs (1) and (3) of section 617(a) of 
        this Act, at the beginning of each fiscal year the President 
        shall deobligate and return to the Treasury any funds described 
        in paragraph (2) that, as of the end of the preceding fiscal 
        year, have been obligated for a project or activity for a 
        period of more than 4 years but have not been expended.
            ``(2) Funds.--Paragraph (1) applies to funds made available 
        for--
                    ``(A) assistance under chapter 1 of part I of this 
                Act (relating to development assistance), chapter 10 of 
                part I of this Act (relating to the Development Fund 
                for Africa), or chapter 4 of part II of this Act 
                (relating to the economic support fund);
                    ``(B) assistance under the Support for East 
                European Democracy (SEED) Act of 1989; and
                    ``(C) economic assistance for the independent 
                states of the former Soviet Union under chapter 11 of 
                part I of this Act or under any other provision of law 
                authorizing economic assistance for such independent 
                states.
    ``(b) Exceptions.--The President, on a case-by-case basis, may 
waive the requirement of subsection (a)(1) if the President determines 
and reports to the Congress that it is in the national interest to do 
so.
    ``(c) Appropriate Congressional Committees.--As used in this 
section, the term `appropriate congressional committees' means the 
Committee on International Relations and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Foreign Relations and the Committee on Appropriations of the Senate.''.

          sense of senate regarding the government of burundi

    Sec. 599. (a) The Senate finds that:
            (1) The political situation in the African nation of 
        Burundi has deteriorated and there are reports of a military 
        coup against the elected Government of Burundi.
            (2) The continuing ethnic conflict in Burundi has caused 
        untold suffering among the people of Burundi and has resulted 
        in the deaths of over 150,000 people in the past two years.
            (3) The attempt to overthrow the Government of Burundi 
        makes the possibility of an increase in the tension and the 
        continued slaughter of innocent civilians more likely.
            (4) The United States and the International Community have 
        an interest in ending the crisis in Burundi before it reaches 
        the level of violence that occurred in Rwanda in 1994 when over 
        800,000 people died in the war between the Hutu and the Tutsi 
        tribes.
    (b) Now, therefore it is the sense of the Senate that:
            (1) The United States Senate condemns any violent action 
        intended to overthrow the Government of Burundi.
            (2) Calls on all parties to the conflict in Burundi to 
        exercise restraint in an effort to restore peace.
            (3) Urges the Administration to continue diplomatic efforts 
        at the highest level to find a peaceful resolution to the 
        crisis in Burundi.

     sense of the senate regarding environmental impact assessments

    Sec. 599A. (a) Findings.--Congress finds that--
            (1) Environmental Impact Assessments as a national 
        instrument are undertaken for proposed activities that are 
        likely to have a significant adverse impact on the environment 
        and are subject to a decision of a competent national 
        authority;
            (2) in 1978 the Senate adopted Senate Resolution 49, 
        calling on the United States Government to seek the agreement 
        of other governments to a proposed global treaty requiring the 
        preparation of Environmental Impact Assessments for any major 
        project, action, or continuing activity that may be reasonably 
        expected to have a significant adverse effect on the physical 
        environment or environmental interests of another nation or a 
        global commons area;
            (3) subsequent to the adoption of Senate Resolution 49 in 
        1978, the United Nations Environment Programme Governing 
        Council adopted Goals and Principles on Environmental Impact 
        Assessment calling on governments to undertake comprehensive 
        Environmental Impact Assessments in cases in which the extent, 
        nature, or location of a proposed activity is such that the 
        activity is likely to significantly affect the environment; and
            (4) on October 7, 1992, the Senate gave its advice and 
        consent to the Protocol on Environmental Protection to the 
        Antarctic Treaty, which obligates parties to the Antarctic 
        Treaty to require Environmental Impact Assessment procedures 
        for proposed activities in Antarctica.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) the United States Government should encourage the 
        governments of other nations to engage in additional regional 
        treaties regarding specific transboundary activities that have 
        adverse impacts on the environment of other nations or a global 
        commons area; and
            (2) such additional regional treaties should ensure that 
        specific transboundary activities are undertaken in 
        environmentally sound ways and under careful controls designed 
        to avoid or minimize any adverse environmental effects, through 
        requirements for Environmental Impact Assessments where 
        appropriate.

                    international criminal tribunal

    Sec. 599B. Findings.--
            (1) The United Nations, recognizing the need for justice in 
        the former Yugoslavia, established the International Criminal 
        Tribunal for the former Yugoslavia (hereafter in this 
        resolution referred to as the ``International Criminal 
        Tribunal'');
            (2) United Nations Security Council Resolution 827 of May 
        25, 1993, requires states to cooperate fully with the 
        International Criminal Tribunal;
            (3) The parties to the General Framework Agreement for 
        Peace in Bosnia and Herzegovina and associated Annexes (in this 
        resolution referred to as the ``Peace Agreement'') negotiated 
        in Dayton, Ohio and signed in Paris, France, on December 14, 
        1995, accepted, in Article IX, the obligation ``to cooperate in 
        the investigation and prosecution of war crimes and other 
        violations of international humanitarian law'';
            (4) The Constitution of Bosnia and Herzegovina, agreed to 
        as Annex 4 of the Peace Agreement, provides, in Article IX, 
        that ``No person who is serving a sentence imposed by the 
        International Tribunal for the former Yugoslavia, and no person 
        who is under indictment by the Tribunal and who has failed to 
        comply with an order to appear before the Tribunal, may stand 
        as a candidate or hold any appointive, elective, or other 
        public office in Bosnia and Herzegovina'';
            (5) The International Criminal Tribunal has issued 57 
        indictments against individuals from all parties to the 
        conflicts in the former Yugoslavia;
            (6) The International Criminal Tribunal continues to 
        investigate gross violations of international law in the former 
        Yugoslavia with a view to further indictments against the 
        perpetrators;
            (7) On July 25, 1995, the International Criminal Tribunal 
        issued an indictment for Radovan Karadzic, president of the 
        Bosnian Serb administration of Pale, and Ratko Mladic, 
        commander of the Bosnian Serb administration and charged them 
        with genocide and crimes against humanity, violations of the 
        law or customs of war, and grave breaches of the Geneva 
        Conventions of 1949, arising from atrocities perpetrated 
        against the civilian population throughout Bosnia-Herzegovina, 
        for the sniping campaign against civilians in Sarajevo, and for 
        the taking of United Nations peacekeepers as hostages and for 
        their use as human shields;
            (8) On November 16, 1995, Karadzic and Mladic were indicted 
        a second time by the International Criminal Tribunal, charged 
        with genocide for the killing of up to 6,000 Muslims in 
        Srebrenica, Bosnia, in July 1995;
            (9) The United Nations Security Council, in adopting 
        Resolution 1022 on November 22, 1995, decided that economic 
        sanctions on the Federal Republic of Yugoslavia (Serbia and 
        Montenegro) and the so-called Republika Srpska would be 
        reimposed if, at any time, the High Representative or the IFOR 
        commander informs the Security Council that the Federal 
        Republic of Yugoslavia or the Bosnian Serb authorities are 
        failing significantly to meet their obligations under the Peace 
        Agreement;
            (10) The so-called Republika Srpska and the Federal 
        Republic of Yugoslavia (Serbia and Montenegro) have failed to 
        arrest and turn over for prosecution indicted war criminals, 
        including Karadzic and Mladic;
            (11) Efforts to politically isolate Karadzic and Mladic 
        have failed thus far and would in any case be insufficient to 
        comply with the Peace Agreement and bring peace with justice to 
        Bosnia and Herzegovina;
            (12) The International Criminal Tribunal issued 
        international warrants for the arrest of Karadzic and Mladic on 
        July 11, 1996.
            (13) In the so-called Republika Srpska freedom of the press 
        and freedom of assembly are severely limited and violence 
        against ethnic and religious minorities and opposition figures 
        is on the rise;
            (14) It will be difficult for national elections in Bosnia 
        and Herzegovina to take place meaningfully so long as key war 
        criminals, including Karadzic and Mladic, remain at large and 
        able to influence political and military developments;
            (15) On June 6, 1996, the President of the International 
        Criminal Tribunal, declaring that the Federal Republic of 
        Yugoslavia's failure to extradite indicted war criminals is a 
        blatant violation of the Peace Agreement and of United Nations 
        Security Council Resolutions, called on the High Representative 
        to reimpose economic sanctions on the so-called Republika 
        Srpska and on the Federal Republic of Yugoslavia (Serbia and 
        Montenegro); and
            (16) The apprehension and prosecution of indicted war 
        criminals is essential for peace and reconciliation to be 
        achieved and democracy to be established throughout Bosnia and 
        Herzegovina.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) the Senate finds that the International Criminal 
        Tribunal for the former Yugoslavia merits continued and 
        increased United States support for its efforts to investigate 
        and bring to justice the perpetrators of gross violations of 
        international law in the former Yugoslavia;
            (2) the President of the United States should support the 
        request of the President of the International Criminal Tribunal 
        for the former Yugoslavia for the High Representative to 
        reimpose full economic sanctions on the Federal Republic of 
        Yugoslavia (Serbia and Montenegro) and the so-called Republika 
        Srpska, in accordance with United Nations Security Council 
        Resolution 1022 (1995), until the Federal Republic of 
        Yugoslavia (Serbia and Montenegro) and Bosnian Serb authorities 
        have complied with their obligations under the Peace Agreement 
        and United Nations Security Council Resolutions to cooperate 
        fully with the International Criminal Tribunal;
            (3) the NATO-led Implementation Force (IFOR), in carrying 
        out its mandate, should make it an urgent priority to detain 
        and bring to justice persons indicted by the International 
        Criminal Tribunal; and
            (4) states in the former Yugoslavia should not be admitted 
        to international organizations and fora until and unless they 
        have complied with their obligations under the Peace Agreement 
        and United Nations Security Council Resolutions to cooperate 
        fully with the International Criminal Tribunal.

          TITLE VI--NATO ENLARGEMENT FACILITATION ACT OF 1996

SEC. 601. SHORT TITLE.

    This title may be cited as the ``NATO Enlargement Facilitation Act 
of 1996''.

SEC. 602. FINDINGS.

    The Congress makes the following findings:
            (1) Since 1949, the North Atlantic Treaty Organization 
        (NATO) has played an essential role in guaranteeing the 
        security, freedom, and prosperity of the United States and its 
        partners in the Alliance.
            (2) The NATO Alliance is, and has been since its inception, 
        purely defensive in character, and it poses no threat to any 
        nation. The enlargement of the NATO Alliance to include as full 
        and equal members emerging democracies in Central and Eastern 
        Europe will serve to reinforce stability and security in Europe 
        by fostering their integration into the structures which have 
        created and sustained peace in Europe since 1945. Their 
        admission into NATO will not threaten any nation. America's 
        security, freedom, and prosperity remain linked to the security 
        of the countries of Europe.
            (3) The sustained commitment of the member countries of 
        NATO to a mutual defense has made possible the democratic 
        transformation of Central and Eastern Europe. Members of the 
        Alliance can and should play a critical role in addressing the 
        security challenges of the post-Cold War era and in creating 
        the stable environment needed for those emerging democracies in 
        Central and Eastern Europe to successfully complete political 
        and economic transformation.
            (4) The United States continues to regard the political 
        independence and territorial integrity of all emerging 
        democracies in Central and Eastern Europe as vital to European 
        peace and security.
            (5) The active involvement by the countries of Central and 
        Eastern Europe has made the Partnership for Peace program an 
        important forum to foster cooperation between NATO and those 
        countries seeking NATO membership.
            (6) NATO has enlarged its membership on 3 different 
        occasions since 1949.
            (7) Congress supports the admission of qualified new 
        members to NATO and the European Union at an early date and has 
        sought to facilitate the admission of qualified new members 
        into NATO.
            (8) As new members of NATO assume the responsibilities of 
        Alliance membership, the costs of maintaining stability in 
        Europe should be shared more widely. Facilitation of the 
        enlargement process will require current members of NATO, and 
        the United States in particular, to demonstrate the political 
        will needed to build on successful ongoing programs such as the 
        Warsaw Initiative and the Partnership for Peace by making 
        available the resources necessary to supplement efforts 
        prospective new members are themselves undertaking.
            (9) New members will be full members of the Alliance, 
        enjoying all rights and assuming all the obligations under the 
        Washington Treaty.
            (10) Cooperative regional peacekeeping initiatives 
        involving emerging democracies in Central and Eastern Europe 
        that have expressed interest in joining NATO, such as the 
        Baltic Peacekeeping Battalion, the Polish-Lithuanian Joint 
        Peacekeeping Force, and the Polish-Ukrainian Peacekeeping 
        Force, can make an important contribution to European peace and 
        security and international peacekeeping efforts, can assist 
        those countries preparing to assume the responsibilities of 
        possible NATO membership, and accordingly should receive 
        appropriate support from the United States.
            (11) NATO remains the only multilateral security 
        organization capable of conducting effective military 
        operations and preserving security and stability of the Euro-
        Atlantic region.
            (12) NATO is an important diplomatic forum and has played a 
        positive role in defusing tensions between members of the 
        Alliance and, as a result, no military action has occurred 
        between two Alliance member states since the inception of NATO 
        in 1949.
            (13) The admission to NATO of emerging democracies in 
        Central and Eastern Europe which are found to be in a position 
        to further the principles of the North Atlantic Treaty would 
        contribute to international peace and enhance the security of 
        the region. Countries which have become democracies and 
        established market economies, which practice good neighborly 
        relations, and which have established effective democratic 
        civilian control over their defense establishments and attained 
        a degree of interoperability with NATO, should be evaluated for 
        their potential to further the principles of the North Atlantic 
        Treaty.
            (14) A number of Central and Eastern European countries 
        have expressed interest in NATO membership, and have taken 
        concrete steps to demonstrate this commitment, including their 
        participation in Partnership for Peace activities.
            (15) The Caucasus region remains important geographically 
        and politically to the future security of Central Europe. As 
        NATO proceeds with the process of enlargement, the United 
        States and NATO should continue to examine means to strengthen 
        the sovereignty and enhance the security of United Nations 
        recognized countries in that region.
            (16) In recognition that not all countries which have 
        requested membership in NATO will necessarily qualify at the 
        same pace, the accession date for each new member will vary.
            (17) The provision of additional NATO transition assistance 
        should include those emerging democracies most ready for closer 
        ties with NATO and should be designed to assist other countries 
        meeting specified criteria of eligibility to move forward 
        toward eventual NATO membership.
            (18) The Congress of the United States finds in particular 
        that Poland, Hungary, the Czech Republic, and Slovenia have 
        made significant progress toward achieving the stated criteria 
        and should be eligible for the additional assistance described 
        in this Act.
            (19) The evaluation of future membership in NATO for 
        emerging democracies in Central and Eastern Europe should be 
        based on the progress of those nations in meeting criteria for 
        NATO membership, which require enhancement of NATO's security 
        and the approval of all NATO members.
            (20) The process of NATO enlargement entails the agreement 
        of the governments of all NATO members in accordance with 
        Article 10 of the Washington Treaty.
            (21) Some NATO members, such as Spain and Norway, do not 
        allow the deployment of nuclear weapons on their territory 
        although they are accorded the full collective security 
        guarantees provided by article V of the Washington treaty. 
        There is no prior requirement for the stationing of nuclear 
        weapons on the territory of new NATO members, particularly in 
        the current security climate, however NATO retains the right to 
        alter its security posture at any time as circumstances 
        warrant.

SEC. 603. UNITED STATES POLICY.

    It is the policy of the United States--
            (1) to join with the NATO allies of the United States to 
        adapt the role of the NATO Alliance in the post-Cold War world;
            (2) to actively assist the emerging democracies in Central 
        and Eastern Europe in their transition so that such countries 
        may eventually qualify for NATO membership; and
            (3) to work to define a constructive and cooperative 
        political and security relationship between an enlarged NATO 
        and the Russian Federation.

SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT OF NATO.

    It is the sense of the Congress that in order to promote economic 
stability and security in Slovakia, Estonia, Latvia, Lithuania, 
Romania, Bulgaria, Albania, Moldova, and Ukraine--
            (1) the United States should continue and expand its 
        support for the full and active participation of these 
        countries in activities appropriate for qualifying for NATO 
        membership;
            (2) the United States Government should use all diplomatic 
        means available to press the European Union to admit as soon as 
        possible any country which qualifies for membership;
            (3) the United States Government and the North Atlantic 
        Treaty Organization should continue and expand their support 
        for military exercises and peacekeeping initiatives between and 
        among these nations, nations of the North Atlantic Treaty 
        Organization, and Russia; and
            (4) the process of enlarging NATO to include emerging 
        democracies in Central and Eastern Europe should not be limited 
        to consideration of admitting Poland, Hungary, the Czech 
        Republic, and Slovenia as full members to the NATO Alliance.

SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA, AND 
              LITHUANIA.

    In view of the forcible incorporation of Estonia, Latvia, Lithuania 
into the Soviet Union in 1940 under the Molotov-Ribbentrop Pact and the 
refusal of the United States and other countries to recognize that 
incorporation for over 50 years, it is the sense of the Congress that--
            (1) Estonia, Latvia, and Lithuania have valid historical 
        security concerns that must be taken into account by the United 
        States; and
            (2) Estonia, Latvia, and Lithuania should not be 
        disadvantaged in seeking to join NATO by virtue of their 
        forcible incorporation into the Soviet Union.

SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT 
              ASSISTANCE.

    (a) In General.--The following countries are designated as eligible 
to receive assistance under the program established under section 
203(a) of the NATO Participation Act of 1994 and shall be deemed to 
have been so designated pursuant to section 203(d) of such Act: Poland, 
Hungary, the Czech Republic, and Slovenia.
    (b) Designation of Other Countries.--The President shall designate 
other emerging democracies in Central and Eastern Europe as eligible to 
receive assistance under the program established under section 203(a) 
of such Act if such countries--
            (1) have expressed a clear desire to join NATO;
            (2) have begun an individualized dialogue with NATO in 
        preparation for accession;
            (3) are strategically significant to an effective NATO 
        defense; and
            (4) meet the other criteria outlined in section 203(d) of 
        the NATO Participation Act of 1994 (title II of Public Law 103-
        447; 22 U.S.C. 1928 note).
    (c) Rule of Construction.--Subsection (a) does not preclude the 
designation by the President of Estonia, Latvia, Lithuania, Romania, 
Slovakia, Bulgaria, Albania, Moldova, Ukraine, or any other emerging 
democracy in Central and Eastern Europe pursuant to section 203(d) of 
the NATO Participation Act of 1994 as eligible to receive assistance 
under the program established under section 203(a) of such Act.

SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT 
              ASSISTANCE.

    (a) In General.--There are authorized to be appropriated 
$60,000,000 for fiscal year 1997 for the program established under 
section 203(a) of the NATO Participation Act of 1994.
    (b) Availability.--Of the funds authorized to be appropriated by 
subsection (a)--
            (1) not less than $20,000,000 shall be available for the 
        subsidy cost, as defined in section 502(5) of the Credit Reform 
        Act of 1990, of direct loans pursuant to the authority of 
        section 203(c)(4) of the NATO Participation Act of 1994 
        (relating to the ``Foreign Military Financing Program'');
            (2) not less than $30,000,000 shall be available for 
        assistance on a grant basis pursuant to the authority of 
        section 203(c)(4) of the NATO Participation Act of 1994 
        (relating to the ``Foreign Military Financing Program''); and
            (3) not more than $10,000,000 shall be available for 
        assistance pursuant to the authority of section 203(c)(3) of 
        the NATO Participation Act of 1994 (relating to international 
        military education and training).
    (c) Rule of Construction.--Amounts authorized to be appropriated 
under this section are authorized to be appropriated in addition to 
such amounts as otherwise may be available for such purposes.

SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE 
              INFORMATION MANAGEMENT SYSTEM.

    (a) In General.--Funds described in subsection (b) are authorized 
to be made available to support the implementation of the Regional 
Airspace Initiative and the Partnership for Peace Information 
Management System, including--
            (1) the procurement of items in support of these programs; 
        and
            (2) the transfer of such items to countries participating 
        in these programs, which may include Poland, Hungary, the Czech 
        Republic, Slovenia, Slovakia, Estonia, Latvia, Lithuania, 
        Romania, Bulgaria, Moldova, Ukraine, and Albania.
    (b) Funds Described.--Funds described in this subsection are funds 
that are available--
            (1) during any fiscal year under the NATO Participation Act 
        of 1994 with respect to countries eligible for assistance under 
        that Act; or
            (2) during fiscal year 1997 under any Act to carry out the 
        Warsaw Initiative.

SEC. 609. EXCESS DEFENSE ARTICLES.

    (a) Priority Delivery.--Notwithstanding any other provision of law, 
the provision and delivery of excess defense articles under the 
authority of section 203(c) (1) and (2) of the NATO Participation Act 
of 1994 and section 516 of the Foreign Assistance Act of 1961 shall be 
given priority to the maximum extent feasible over the provision and 
delivery of such excess defense articles to all other countries except 
those countries referred to in section 541 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1995 (Public 
Law 103-306; 108 Stat. 1640).
    (b) Cooperative Regional Peacekeeping Initiatives.--The Congress 
encourages the President to provide excess defense articles and other 
appropriate assistance to cooperative regional peacekeeping initiatives 
involving emerging democracies in Central and Eastern Europe that have 
expressed an interest in joining NATO in order to enhance their ability 
to contribute to European peace and security and international 
peacekeeping efforts.

SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.

    The Congress endorses efforts by the United States to modernize the 
defense capability of Poland, Hungary, the Czech Republic, Slovenia, 
and any other countries designated by the President pursuant to section 
203(d) of the NATO Participation Act of 1994, by exploring with such 
countries options for the sale or lease to such countries of weapons 
systems compatible with those used by NATO members, including air 
defense systems, advanced fighter aircraft, and telecommunications 
infrastructure.

SEC. 611. TERMINATION OF ELIGIBILITY.

    Section 203(f) of the NATO Participation Act of 1994 (title II of 
Public Law 103-447; 22 U.S.C. 1928 note) is amended to read as follows:
    ``(f) Termination of Eligibility.--(1) The eligibility of a country 
designated under subsection (d) for the program established in 
subsection (a) shall terminate 30 days after the President makes a 
certification under paragraph (2) unless, within the 30-day period, the 
Congress enacts a joint resolution disapproving the termination of 
eligibility.
    ``(2) Whenever the President determines that the government of a 
country designated under subsection (d)--
            ``(A) no longer meets the criteria set forth in subsection 
        (d)(2)(A);
            ``(B) is hostile to the NATO Alliance; or
            ``(C) poses a national security threat to the United 
        States,
then the President shall so certify to the appropriate congressional 
committees.
    ``(3) Nothing in this title affects the eligibility of countries to 
participate under other provisions of law in programs described in this 
Act.''.

SEC. 612. AMENDMENTS TO THE NATO PARTICIPATION ACT.

    (a) Conforming Amendment.--The NATO Participation Act of 1994 
(title II of Public Law 103-447; 22 U.S.C. 1928 note) is amended in 
sections 203(a), 203(d)(1), and 203(d)(2) by striking ``countries 
emerging from communist domination'' each place it appears and 
inserting ``emerging democracies in Central and Eastern Europe''.
    (b) Definitions.--The NATO Participation Act of 1994 (title II of 
Public Law 103-446; 22 U.S.C. 1928 note) is amended by adding at the 
end the following new section:

``SEC. 206. DEFINITIONS.

    ``The term `emerging democracies in Central and Eastern Europe' 
includes, but is not limited to, Albania, Bulgaria, the Czech Republic, 
Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, 
Slovakia, Slovenia, and Ukraine.''.

SEC. 613. DEFINITIONS.

    As used in this title:
            (1) Emerging democracies in central and eastern europe.--
        The term ``emerging democracies in Central and Eastern Europe'' 
        includes, but is not limited to, Albania, Bulgaria, the Czech 
        Republic, Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, 
        Romania, Slovakia, Slovenia, and Ukraine.
            (2) NATO.--The term ``NATO'' means the North Atlantic 
        Treaty Organization.

                TITLE VII--MIDDLE EAST DEVELOPMENT BANK

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Bank for Economic Cooperation and 
Development in the Middle East and North Africa Act''.

SEC. 702. ACCEPTANCE OF MEMBERSHIP.

    The President is hereby authorized to accept membership for the 
United States in the Bank for Economic Cooperation and Development in 
the Middle East and North Africa (in this title referred to as the 
``Bank'') provided for by the agreement establishing the Bank (in this 
title referred to as the ``Agreement''), signed on May 31, 1996.

SEC. 703. GOVERNOR AND ALTERNATE GOVERNOR.

    (a) Appointment.--At the inaugural meeting of the Board of 
Governors of the Bank, the Governor and the alternate for the Governor 
of the International Bank for Reconstruction and Development, appointed 
pursuant to section 3 of the Bretton Woods Agreements Act, shall serve 
ex-officio as a Governor and the alternate for the Governor, 
respectively, of the Bank. The President, by and with the advice and 
consent of the Senate, shall appoint a Governor of the Bank and an 
alternate for the Governor.
    (b) Compensation.--Any person who serves as a governor of the Bank 
or as an alternate for the Governor may not receive any salary or other 
compensation from the United States by reason of such service.

SEC. 704. APPLICABILITY OF CERTAIN PROVISIONS OF THE BRETTON WOODS 
              AGREEMENTS ACT.

    Section 4 of the Bretton Woods Agreements Act shall apply to the 
Bank in the same manner in which such section applies to the 
International Bank for Reconstruction and Development and the 
International Monetary Fund.

SEC. 705. FEDERAL RESERVE BANKS AS DEPOSITORIES.

    Any Federal Reserve Bank which is requested to do so by the Bank 
may act as its depository, or as its fiscal agent, and the Board of 
Governors of the Federal Reserve System shall exercise general 
supervision over the carrying out of these functions.

SEC. 706. SUBSCRIPTION OF STOCK.

    (a) Subscription Authority.--
            (1) In general.--The Secretary of the Treasury may 
        subscribe on behalf of the United States to not more than 
        7,011,270 shares of the capital stock of the Bank.
            (2) Effectiveness of subscription commitment.--Any 
        commitment to make such subscription shall be effective only to 
        such extent or in such amounts as are provided for in advance 
        by appropriations Acts.
    (b) Limitations on Authorization of Appropriations.--For payment by 
the Secretary of the Treasury of the subscription of the United States 
for shares described in subsection (a), there are authorized to be 
appropriated $1,050,007,800 without fiscal year limitation.
    (c) Limitations on Obligation of Appropriated Amounts for Shares of 
Capital Stock.--
            (1) Paid-in capital stock.--
                    (A) In general.--Not more than $105,000,000 of the 
                amounts appropriated pursuant to subsection (b) may be 
                obligated for subscription to shares of paid-in capital 
                stock.
                    (B) Fiscal year 1997.--Not more than $52,500,000 of 
                the amounts appropriated pursuant to subsection (b) for 
                fiscal year 1997 may be obligated for subscription to 
                shares of paid-in capital stock.
            (2) Callable capital stock.--Not more than $787,505,852 of 
        the amounts appropriated pursuant to subsection (b) may be 
        obligated for subscription to shares of callable capital stock.
    (d) Disposition of Net Income Distributions by the Bank.--Any 
payment made to the United States by the Bank as a distribution of net 
income shall be covered into the Treasury as a miscellaneous receipt.

SEC. 707. JURISDICTION AND VENUE OF CIVIL ACTIONS BY OR AGAINST THE 
              BANK.

    (a) Jurisdiction.--The United States district courts shall have 
original and exclusive jurisdiction of any civil action brought in the 
United States by or against the Bank.
    (b) Venue.--For purposes of section 1391(b) of title 28, United 
States Code, the Bank shall be deemed to be a resident of the judicial 
district in which the principal office of the Bank in the United 
States, or its agent appointed for the purpose of accepting service or 
notice of service, is located.

SEC. 708. EFFECTIVENESS OF AGREEMENT.

    The Agreement shall have full force and effect in the United 
States, its territories and possessions, and the Commonwealth of Puerto 
Rico, upon acceptance of membership by the United States in the Bank 
and the entry into force of the Agreement.

SEC. 709. EXEMPTION FROM SECURITIES LAWS FOR CERTAIN SECURITIES ISSUED 
              BY THE BANK; REPORTS REQUIRED.

    (a) Exemption from Securities Laws; Reports to Securities and 
Exchange Commission.--Any securities issued by the Bank (including any 
guaranty by the Bank, whether or not limited in scope) in connection 
with borrowing of funds, or the guarantee of securities as to both 
principal and interest, shall be deemed to be exempted securities 
within the meaning of section 3(a)(2) of the Securities Act of 1933 and 
section 3(a)(12) of the Securities Exchange Act of 1934. The Bank shall 
file with the Securities and Exchange Commission such annual and other 
reports with regard to such securities as the Commission shall 
determine to be appropriate in view of the special character of the 
Bank and its operations and necessary in the public interest or for the 
protection of investors.
    (b) Authority of Securities and Exchange Commission to Suspend 
Exemption; Reports to the Congress.--The Securities and Exchange 
Commission, acting in consultation with such agency or officer as the 
President shall designate, may suspend the provisions of subsection (a) 
at any time as to any or all securities issued or guaranteed by the 
Bank during the period of such suspension. The Commission shall include 
in its annual reports to the Congress such information as it shall deem 
advisable with regard to the operations and effect of this section.

SEC. 710. TECHNICAL AMENDMENTS.

    (a) Annual Report Required on Participation of the United States in 
the Bank.--Section 1701 (c)(2) of the International Financial 
Institutions Act (22 U.S.C. 262r(c)(2)) is amended by inserting ``Bank 
for Economic Cooperation and Development in the Middle East and North 
Africa,'' after ``Inter-American Development Bank''.
    (b) Exemption From Limitations and Restrictions on Power of 
National, Banking Associations To Deal in and Underwrite Investment 
Securities of the Bank.--The seventh sentence of paragraph 7 of section 
5136 of the Revised Statutes of the United States (12 U.S.C. 24) is 
amended by inserting ``Bank for Economic Cooperation and Development in 
the Middle East and North Africa,'' after ``the Inter-American 
Development Bank''.
    (c) Benefits for United States Citizen-Representatives to the 
Bank.--Section 51 of Public Law 91-599 (22 U.S.C. 276c-2) is amended by 
inserting ``the Bank for Economic Cooperation and Development in the 
Middle East and North Africa,'' after ``the Inter-American Development 
Bank,''.
    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1997''.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                               H. R. 3540

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                               AMENDMENT

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