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United States · Bill · HR

H.R. 1561 (104th)

Foreign Relations Revitalization Act of 1995

failedUnited States· United States Congress· EN

Introduced

3 May 1995

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On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 234 - 188 (Roll no. 136).

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Summary

TABLE OF CONTENTS: Division A: Consolidation of Foreign Affairs Agencies Title I: General Provisions Title II: United States Arms Control and Disarmament Agency Title III: United States Information Agency Title IV: Agency for International Development Title V: Transition Division B: Foreign Relations Authorizations Title XX: General Provisions Title XXI: Authorization of Appropriations for Department of State and Certain International Affairs Functions and Activities Title XXII: Department of State Authorities and Activities Title XXIII: Organization of the Department of State; Department of State Personnel, The Foreign Service Title XXIV: United States Public Diplomacy: Authorities and Activities for United States Informational, Educational, and Cultural Programs Title XXV: International Organizations and Commissions Title XXVI: Foreign Policy Provisions Title XXVII: Congressional Statements Division C: Foreign Assistance Authorizations Title XXXI: Defense and Security Assistance Title XXXII: Economic Assistance Title XXXIII: Regional Provisions Title XXXIV: Special Authorities and Other Provisions Title XXXV: Effective Date American Overseas Interests Act of 1995 - Division A: Consolidation of Foreign Affairs Agencies - Title I: General Provisions - Foreign Affairs Agencies Consolidation Act of 1995 - Sets forth congressional findings and purposes regarding the reorganization of U.S. foreign affairs agencies. Title II: United States Arms Control and Disarmament Agency - Abolishes the U.S. Arms Control and Disarmament Agency. Transfers functions of the Director of such Agency to the Secretary of State. Directs the President to submit a reorganization plan with respect to the transfer of such functions to the appropriate congressional committees. (Sec. 222) Amends the State Department Basic Authorities Act of 1956 to establish in the Department of State: (1) an Under Secretary for International Security and Arms Control; (2) a Coordinator for Arms Control and Disarmament; and (3) Assistant Secretaries for Arms Control and Disarmament and for Nonproliferation and Export Controls, respectively. (Sec. 242) Repeals sections of the Arms Control and Disarmament Act relating to the establishment of the Agency and appointment of officials. Makes conforming amendments with respect to the transfer of authorities to the Department of State. Title III: United States Information Agency - Abolishes the U.S. Information Agency (USIA) and transfers the functions of the Director of the Agency to the Secretary. Directs the President to submit a reorganization plan with respect to the transfer of such functions to the appropriate congressional committees. (Sec. 322) Establishes in the Department of State: (1) an Under Secretary for Public Diplomacy; and (2) Assistant Secretaries for Academic Programs and Cultural Exchanges and for Information, Policy, and Programs, respectively. (Sec. 341) Makes conforming amendments with respect to the transfer of such functions to the Department of State. Title IV: Agency for International Development - Abolishes the Agency for International Development (AID) and the International Development Cooperation Agency. Transfers such agencies' functions to the Secretary. Directs the President to submit a reorganization plan with respect to the transfer of such functions to the appropriate congressional committees. (Sec. 422) Establishes an Under Secretary for Development, Trade Promotion, and Economic Affairs to head an International Development Foundation. Requires all functions under the Foreign Assistance Act of 1961 to be carried out through the Foundation. (Sec. 442) Makes conforming amendments with respect to the transfer of functions to the Department of State. Title V: Transition - Sets forth transition administrative provisions regarding: (1) the Secretary's reorganization authorities; (2) the transfer and allocation of appropriations and personnel; (3) specified incidental transfers of personnel, liabilities, records, and funds; (4) effects of terminations and transfers of functions on personnel; and (5) voluntary separation incentives. (Sec. 510) Requires the President to submit a final accounting of the finances and operations of the U.S. Arms Control and Disarmament Agency, USIA, and AID to the appropriate congressional committees. Division B: Foreign Relations Authorizations - Title XX: General Provisions - Foreign Relations Authorization Act, Fiscal Years 1996 and 1997 - Sets forth definitions. Title XXI: Authorization of Appropriations for Department of State and Certain International Affairs Functions and Activities - Authorizes appropriations for the Department of State for FY 1996 and 1997 for: (1) the administration of foreign affairs; (2) contributions to international organizations and international peacekeeping activities; (3) international conferences and contingencies; (4) purposes of offsetting adverse fluctuations in foreign currency exchange rates; (5) international commissions; (6) migration and refugee assistance; (7) the Asia Foundation; (8) international information activities and educational and cultural exchange programs; and (9) purposes of carrying out the Arms Control and Disarmament Act. Earmarks funds for specified organizations and activities. (Sec. 2102) Makes funds available to the International Atomic Energy Agency only if the Secretary reports to the appropriate congressional committees that Israel is not being denied its right to participate in the Agency. Bars the use of international organization funds for programs for Libya, Iran, or Communist countries listed under the Foreign Assistance Act of 1961. Withholds certain amounts of funds from the United Nations Development Program unless the President certifies that the Program has terminated activities in and for Burma (a.k.a. Myanmar). Prohibits international peacekeeping funds from being made available for contributions to the United Nations Protection Force unless the President reports to the Congress that: (1) the Government of Bosnia and Herzegovina supports the continued presence of such Force within its territory; (2) the Force is carrying out its mandate under specified Security Council resolutions; (3) the Force is providing support to the efforts of the United Nations War Crimes Tribunal to investigate and prosecute war crimes and support to diplomatic, military, and relief personnel; and (4) the Force has investigated and taken appropriate action against any personnel suspected of participating in illegal or improper activities. Makes the authorization of appropriations for international conferences and contingencies effective only after the Secretary makes a certification regarding the Fourth World Conference on Women in Beijing, China, and accreditation of certain nongovernmental organizations. (Sec. 2104) Bars the use of migration and refugee assistance funds for salaries and administrative expenses of the Bureau of Migration and Refugee Assistance. Prohibits the use of such assistance for the repatriation of any person to Vietnam, Laos, or Cambodia unless the President makes a specified certification regarding the status of such persons as refugees and whether they have been offered resettlement outside their countries of nationality. Title XXII: Department of State Authorities and Activities - Adds to the list of actions for which rewards are available the furnishing of information leading to the arrest or conviction of any individual aiding or abetting in acts of international terrorism against U.S. persons or property or in certain narcotics-related offenses. Authorizes appropriations, with limitations. (Sec. 2205) Directs the Secretary to develop a worldwide plan for the consolidation, on a regional or area wide basis, of U.S. missions and consular posts abroad. (Sec. 2231) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to limit the amount of fees collected from processing machine readable visas that may be deposited as an offsetting collection to any Department of State appropriation. Removes provisions which prohibit fees from being charged to citizens of countries that are signatories to the North American Free Trade Agreement. (Sec. 2232) Requires visa applicants who are determined to have a criminal history record, have been present in the United States, and are more than 16 years of age to provide a fingerprint record for submission with the application. Directs the Department of State to submit such record to the Federal Bureau of Investigation for analysis to determine whether the applicant has been convicted of a felony under State or Federal law. (Sec. 2233) Sets aside a percentage of the fees collected in FY 1996 and 1997 for expedited passport processing for enhancing passport services, investigating passport fraud, and deterring entry into the United States by terrorists and other criminals. (Sec. 2252) Directs the President to report to the appropriate congressional committees every six months on the methods employed by the Cuban Government to enforce the United States--Cuba Immigration Agreement of September 1994 to restrict the emigration of Cuban people to the United States. (Sec. 2253) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 1997 a provision which authorizes admission into the United States of a specified number of refugees from the independent states of the former Soviet Union (independent states), Estonia, Latvia, and Lithuania based on religious persecution due to participation in the Ukrainian Catholic or Orthodox churches. Makes FY 1997 the latest allowable entry date for specified aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, and Cambodia for purposes of qualifying for adjustment of status. Title XXIII: Organization of the Department of State; Department of State Personnel; The Foreign Service - Establishes a Coordinator for Counterterrorism within the office of the Secretary. (Sec. 2302) Establishes within the Department of State a U.S. Special Envoy for Tibet. (Sec. 2303) Establishes a Coordinator for Human Rights and Refugees within the office of the Secretary. Repeals provisions that provide for an Assistant Secretary for Democracy, Human Rights, and Labor. Establishes the Bureau of Refugee and Migration Assistance within the Department of State. (Sec. 2304) Repeals provisions of law which provide for: (1) an Assistant Secretary for South Asian Affairs; (2) a Deputy Assistant Secretary for Burden sharing; and (3) a Bureau and Assistant Secretary for Oceans and International Environmental and Scientific Affairs. (Sec. 2305) Establishes an Assistant Secretary for Human Resources within the Department of State. (Sec. 2351) Establishes limits on the number of Foreign Service personnel in the Department of State, USIA, and AID during FY 1996 and 1997. Provides for a waiver of such limitations as necessary to carry out foreign affairs functions. (Sec. 2352) Repeals provisions of the Foreign Service Act of 1980 that provide for performance pay for Senior Foreign Service personnel. Title XXIV: United States Public Diplomacy: Authorities and Activities for United States Informational, Educational, and Cultural Programs - Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 to eliminate the permanent authorization for the Center for Cultural and Technical Interchange between North and South. (Sec. 2403) Requires the USIA Director to establish educational and cultural exchange programs between the United States and Hong Kong and Tibet, respectively. (Sec. 2405) Provides for scholarships to Tibetan and Burmese students and professionals who are outside their countries. (Sec. 2406) Authorizes the USIA Director to make available, upon request, computer readable multilingual text and recorded speech in various languages to the Linguistic Data Consortium of the University of Pennsylvania. (Sec. 2431) Amends the United States International Broadcasting Act of 1994 to increase the number of members on the Broadcasting Board of Governors. (Sec. 2432) Requires the USIA Director to submit a plan for the establishment and operation of Radio Free Asia to the Congress. (Sec. 2433) Requires the USIA Director to make grants for broadcasting to China, Burma, Cambodia, Laos, North Korea, Tibet, and Vietnam for purposes of providing broadcasting on an interim basis before Radio Free Asia becomes fully operational. Title XXV: International Organizations and Commissions - Authorizes the Secretary to make improvements to the Rio Grande Canalization Project. (Sec. 2521) Permits the President to withhold 20 percent of the funds appropriated for the U.S. assessed contribution to the United Nations if the United Nations has failed to implement consensus-based decision making procedures on budgetary matters which assure that sufficient attention is paid to the views of the United States and other member states who are major financial contributors. (Sec. 2523) Prohibits U.S. contributions to any affiliated organization of the United Nations or to the United Nations if they grant full membership as a state to a group that does not have internationally recognized attributes of statehood. (Sec. 2524) Directs the Secretary to report to the appropriate congressional committees on the management of the United Nations Children's Fund (UNICEF). Title XXVI: Foreign Policy Provisions - Provides that certain provisions of the Taiwan Relations Act concerning defense articles and services and the determination of Taiwan's defense needs supersede any provision of the Joint Communique of the United States and China of August 17, 1982. (Sec. 2602) Requires the Secretary to report annually to specified congressional officials on conditions in Tibet and on the state of relations between the United States and those recognized by the Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives, and the Tibetan government in exile. Expresses the sense of the Congress that whenever an executive branch report is transmitted to the Congress on a country-by-country basis there should be included a separate report on Tibet. (Sec. 2603) Bosnia Genocide Justice Act - Urges the President to take specified steps to assist efforts to investigate and prosecute those responsible for war crimes and other violations of international humanitarian law committed in the former Yugoslavia since 1991. (Sec. 2642) Sets forth minimum conditions relating to nuclear nonproliferation that the President should uphold in negotiations with North Korea. (Sec. 2643) Expresses the sense of the Congress that: (1) South Korea should play the central role in the project to provide light water reactors to North Korea; and (2) the President should not take steps toward upgrading diplomatic relations with North Korea beyond opening liaison offices or relaxing trade and investment barriers without action by North Korea to engage in a dialogue with South Korea, implementation of the North-South Declaration on the Denuclearization of the Korean Peninsula, and progress toward U.S. policy objectives regarding North Korea and the Korean Peninsula. (Sec. 2645) Makes the provision of assistance to North Korea or the Korean Peninsula Energy Development Organization contingent on the same terms that govern such assistance under the Foreign Assistance Act of 1961. (Sec. 2651) Sets forth U.S. policy with respect to encouraging the United Nations Security Council to take certain steps against Burma. Expresses the sense of the Congress that the President should reduce the U.S. diplomatic presence in Burma. Title XXVII: Congressional Statements - Declares that the Secretary, in allocating resources for international organizations, should pay particular attention to funding levels of the Inter- American organizations. (Sec. 2702) Expresses the sense of the Congress that the United States should refuse to recognize the incorporation of any territory of Bosnia-Herzegovina into the territory of a neighboring state or the creation of a new state within Bosnia's borders resulting from the use of force, coercion, or other means inconsistent with international law. (Sec. 2703) Expresses the sense of the Congress with respect to calling upon the Chinese Government to dismantle the Laogai (system of forced labor camps). (Sec. 2704) Expresses the sense of the Congress that none of the funds authorized to be appropriated by this Act may be obligated to normalize diplomatic relations with Vietnam until Vietnam: (1) releases all of its political and religious prisoners; (2) accounts for American prisoners-of-war and missing in action from the Vietnam War; (3) holds democratic elections; and (4) institutes policies which protect human rights. (Sec. 2705) Expresses the sense of the Congress that the President should take specified actions with respect to: (1) promoting human and worker rights in China; and (2) requesting the United Nations Voluntary Fund for Victims of Torture to encourage the development and protection of treatment centers. Division C: Foreign Assistance Authorizations - Foreign Aid Reduction Act of 1995 - Title XXXI: Defense and Security Assistance - Authorizes appropriations for the foreign military financing program under the Arms Export Control Act for FY 1996 and 1997. Earmarks amounts of assistance for Israel, Egypt, Greece, Turkey, the Czech Republic, Hungary, and Poland. (Sec. 3121) Amends the Foreign Assistance Act of 1961 to increase the aggregate value of defense articles and services that may be drawn down under emergency circumstances. Revises authorities with respect to drawdowns for non-military assistance purposes. (Sec. 3122) Limits the value of additions to stockpiles in foreign countries in FY 1996 and 1997. Makes amounts available for such stockpiles in South Korea and Thailand. (Sec. 3123) Revises conditions on the transfer of excess defense articles and repeals specified provisions of existing law regarding such transfers. (Sec. 3141) Authorizes appropriations for international military education and training for FY 1996 and 1997. Permits such assistance to Indonesia only for specified military education and training for civilian personnel. (Sec. 3143) Authorizes the attendance without charge of foreign military and civilian defense personnel at test flight pilot schools in the United States pursuant to agreements providing for the exchange of students between U.S. and comparable foreign pilot schools. (Sec. 3151) Authorizes appropriations for FY 1996 and 1997 for antiterrorism assistance. (Sec. 3152) Repeals provisions that require certain congressional notifications and reports regarding antiterrorism assistance. (Sec. 3162) Authorizes the President to accept contributions from foreign governments to carry out international narcotics control activities. Repeals specified reporting and certification requirements with respect to international narcotics control currently applicable to years after FY 1995 and applies FY 1995 reporting and certification requirements to such years. (Sec. 3164) Permits international narcotics-related assistance to be provided notwithstanding any law (with specified exceptions) that restricts assistance to foreign countries if the President notifies the appropriate congressional committees in advance. (Sec. 3171) Authorizes appropriations for FY 1996 and 1997 for a nonproliferation and disarmament fund established under the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992. (Sec. 3181) Amends the Arms Export Control Act to revise congressional review procedures with respect to specified arms transfers. (Sec. 3182) Provides that presidential consent shall not be required for the transfer by a foreign country or international organization of defense articles sold by the United States if specified conditions are met. (Sec. 3184) Repeals specified reporting requirements with respect to price and availability estimates relating to proposed sales, and acquisitions, of defense articles or services. (Sec. 3188) Designates Australia, Egypt, Israel, Japan, South Korea, and New Zealand as major non-North Atlantic Treaty Organization (NATO) allies. (Sec. 3189) Raises the threshold on amounts of defense articles and services that trigger certification requirements prior to transfer. (Sec. 3191) Prohibits funds from being available to facilitate the sale of M-833 antitank shells or shells containing a depleted uranium penetrating component to any country other than a NATO member country, a major non-NATO ally, or Taiwan. Subjects such prohibition to a national security interest waiver. Title XXXII: Economic Assistance - Authorizes appropriations for FY 1996 and 1997 for economic support fund (ESF) assistance. Earmarks amounts for Israel, Egypt, the International Fund for Ireland, and law enforcement assistance. (Sec. 3211) Authorizes the President to provide funds and support to private sector enterprise funds for countries eligible to receive development assistance on the same basis as such funds and support are provided to Enterprise Funds for Poland and Hungary under the Support for East European Democracy (SEED) Act of 1989. Makes development and ESF assistance available for such funds. (Sec. 3212) Authorizes the President to provide funds and support to Enterprise Funds that are or have been established for purposes of promoting private sector development of countries in the Trans-Caucasus region. (Sec. 3213) Replaces provisions regarding the Private Sector Revolving Fund with provisions authorizing credit and training to micro- and small enterprises. Authorizes appropriations for FY 1996 and 1997 for such purposes. (Sec. 3214) Authorizes grant assistance to microenterprises in developing countries. (Sec. 3221) Authorizes appropriations for FY 1996 and 1997 for specified development assistance, including: (1) the Development Fund for Africa; (2) assistance for the independent states; (3) assistance for Eastern Europe and the Baltic states; (4) the Inter-American Foundation; and (5) the African Development Foundation. (Sec. 3222) Prohibits development assistance for voluntary population planning from being made available for organizations that support or participate in coercive abortions or involuntary sterilizations. (Sec. 3223) Makes ineligible for assistance (except humanitarian assistance or assistance for democratic political reform) any independent state that directs any action in violation of territorial integrity or national sovereignty of any other independent state. Prohibits assistance for purposes of enhancing the military capability of any independent state, with exceptions. Bars assistance to the Government of Russia if such government: (1) is not making progress in implementing comprehensive economic reforms based on market principles; and (2) applies or transfers assistance to any entity for purposes of expropriating or seizing ownership or control of assets, investments, or ventures. Provides for a permanent waiver of certain provisions of law with respect to assistance to the independent states (currently, such waiver is only applicable with respect to FY 1993 assistance). (Sec. 3224) Requires the President to report to the Congress every three years on the impact and effectiveness of development assistance on a country-by-country basis. (Sec. 3231) Authorizes appropriations for FY 1996 and 1997 for operating expenses of the agency primarily responsible for administering development assistance and for such agency's office of inspector general. (Sec. 3241) Authorizes appropriations for FY 1996 and 1997 for the provision of agricultural commodities under title II of the Agricultural Trade Development and Assistance Act of 1954. Prohibits funding for providing such commodities under title III of such Act. (Sec. 3251) Authorizes appropriations for FY 1996 and 1997 for administrative expenses to carry out worldwide shelter guaranteed loan programs. (Sec. 3261) Authorizes appropriations for FY 1996 and 1997 to carry out the Peace Corps Act. Earmarks a maximum amount for Peace Corps activities in the independent states. (Sec. 3263) Prohibits the use of Peace Corps funds for abortions. (Sec. 3271) Authorizes the President to provide international reconstruction assistance. Authorizes appropriations for FY 1996 and 1997 for international disaster assistance. (Sec. 3281) Prohibits funds under the Foreign Assistance Act of 1961 from being available to private and voluntary organizations which: (1) fail to provide documents to meet auditing requirements of the agency primarily responsible for administering development assistance; or (2) are not registered with such agency. (Sec. 3284) Withholds from obligation an amount equivalent to 110 percent of the total unpaid fully adjudicated parking fines owed to the District of Columbia, Virginia, Maryland, and New York by the government of a foreign country in a fiscal year until the Secretary of State certifies to the appropriate congressional committees that such fines are fully paid. Title XXXIII: Regional Provisions - Prohibits foreign assistance to any foreign government that has provided economic assistance to or engaged in nonmarket-based trade with the Government of Cuba. Waives such prohibition under specified conditions. (Sec. 3302) Permits development or ESF assistance for FY 1996 and 1997 to be made available to Nicaragua only if the Secretary of State certifies to the appropriate congressional committees that specified conditions regarding investigations of weapons caches and certain murders, prosecution of those involved in international terrorist or kidnapping rings, expropriation of U.S. property, civilian control over the military and police, and reforms in the judicial system have been met. (Sec. 3303) Makes Panama eligible to purchase defense articles and services under the Arms Export Control Act. Expresses the sense of the Congress that the President should negotiate a new base rights agreement with the Government of Panama. (Sec. 3305) Sets forth U.S. policy with respect to free passage through, and claims to territory in, the South China Sea. (Sec. 3306) Prohibits ESF, international military education and training, foreign military financing, and development assistance to the Government of Zaire for FY 1996 and 1997. Title XXXIV: Special Authorities and Other Provisions - Increases the amount authorized to be transferred between specified accounts under the Foreign Assistance Act of 1961 and the Arms Export Control Act. (Sec. 3402) Authorizes the President, in order to provide for unanticipated contingencies in programs for which funds are provided under the Foreign Assistance Act of 1961, to use funds made available to carry out any provision of such Act for purposes of providing assistance authorized by other provisions. Repeals current provisions regarding contingencies and raises the ceiling on the amount provided for such authority. (Sec. 3403) Revises special authority provisions to authorize the President to provide assistance and loans under foreign assistance laws and the Arms Export Control Act, notwithstanding laws restricting such assistance, if to do so is vital to national interests. Retains specified annual ceilings with respect to such waivers and raises country limits. (Sec. 3404) Authorizes the President, for purposes of making an equitable settlement of termination claims under extraordinary contractual relief standards, to adopt as a contract or other obligation of the U.S. Government and assume any liabilities under, any contract with a U.S. or third-country contractor to carry out any program of foreign assistance that was subsequently terminated. (Sec. 3412) Prohibits funds made available to carry out the Foreign Assistance Act of 1961 or the Arms Export Control Act from being provided to any foreign government engaged in intelligence activities harmful to U.S. national security. (Sec. 3413) Authorizes the President to reduce amounts owed to the U.S. Government as a result of loans or guarantees issued under the Foreign Assistance Act of 1961 or credits or guarantees extended under the Arms Export Control Act. Makes eligible for such debt reduction countries with a heavy debt burden that are eligible to borrow from the International Development Association but not from the International Bank for Reconstruction and Development and countries that meet other specified conditions concerning military expenditures, terrorism, narcotics control, and human rights. Permits such authority only to implement multilateral debt relief ad referendum agreements (the Paris Club Agreed Minutes) and only to the extent that appropriations for the modifications are made in advance. Authorizes appropriations for FY 1996 and 1997. (Sec. 3414) Authorizes the President, subject to certain conditions, to sell to an eligible purchaser concessional loans made before January 1, 1995, to the government of an eligible country or reduce or cancel such loans on receipt of payment from an eligible purchaser for purposes of facilitating debt-for-equity, -development, or -nature swaps or debt buybacks by eligible countries to support specified activities. Authorizes appropriations for FY 1996 and 1997. (Sec. 3415) Prohibits the use of funds under the Foreign Assistance Act of 1961 to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for developing an export processing zone or designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of jobs within the United States; or (3) assistance for any project that contributes to the violation of workers' rights. Exempts assistance for microenterprises, small-scale enterprises, or small-holder agriculture in the informal sector of the foreign country from such prohibition. (Sec. 3416) Prohibits assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act to any foreign government that provides lethal military equipment to a country whose government supports international terrorism. Waives such prohibition if such assistance is important to national security interests. (Sec. 3421) Repeals specified foreign assistance laws. Title XXXV: Effective Date - Makes the effective date of this Act the later of the enactment date or October 1, 1995.

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