[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1868 Engrossed in House (EH)]
104th CONGRESS
1st Session
H. R. 1868
_______________________________________________________________________
AN ACT
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 1996, and for
other purposes.
104th CONGRESS
1st Session
H. R. 1868
_______________________________________________________________________
AN ACT
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 1996, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1996, and for
other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
export-import bank of the united states
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country other than a nuclear-
weapon State as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act that has detonated a nuclear
explosive after the date of enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $786,551,000 to remain available until September 30,
1997: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such sums shall remain available
until 2010 for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 1996 and 1997:
Provided further, That up to $100,000,000 of funds appropriated by this
paragraph shall remain available until expended and may be used for
tied-aid grant purposes: Provided further, That none of the funds
appropriated by this paragraph may be used for tied-aid credits or
grants except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds appropriated
by this paragraph are made available notwithstanding section 2(b)(2) of
the Export-Import Bank Act of 1945, in connection with the purchase or
lease of any product by any East European country, any Baltic State, or
any agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs (to be computed on an accrual basis),
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, and not to exceed $20,000 for official reception and
representation expenses for members of the Board of Directors,
$45,228,000: Provided, That necessary expenses (including special
services performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys owed the
Export-Import Bank, repossession or sale of pledged collateral or other
assets acquired by the Export-Import Bank in satisfaction of moneys
owed the Export-Import Bank, or the investigation or appraisal of any
property, or the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or insurance
commitment has been made, shall be considered nonadministrative
expenses for the purposes of this heading: Provided further, That,
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until
October 1, 1996.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to
carry out the credit and insurance programs (including an amount for
official reception and representation expenses which shall not exceed
$35,000) shall not exceed $26,500,000: 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, $69,500,000, as
authorized by section 234 of the Foreign Assistance Act of 1961:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made during
fiscal years 1996 and 1997: Provided further, That such sums shall
remain available through fiscal year 2003 for the disbursement of
direct and guaranteed loans obligated in fiscal year 1996, and through
fiscal year 2004 for the disbursement of direct and guaranteed loans
obligated in fiscal year 1997. In addition, such sums as may be
necessary for administrative expenses to carry out the credit program
may be derived from amounts available for administrative expenses to
carry out the credit and insurance programs in the Overseas Private
Investment Corporation Noncredit Account and merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $40,000,000: Provided, That the
Trade and Development Agency may receive reimbursements from
corporations and other entities for the costs of grants for feasibility
studies and other project planning services, to be deposited as an
offsetting collection to this account and to be available for
obligation until September 30, 1997, for necessary expenses under this
paragraph: Provided further, That such reimbursements shall not cover,
or be allocated against, direct or indirect administrative costs of the
agency.
International Financial Institutions
contribution to the international finance corporation
For payment to the International Finance Corporation by the
Secretary of the Treasury, $67,550,000, for the United States share of
the increase in subscriptions to capital stock, to remain available
until expended: Provided, That of the amount appropriated under this
heading not more than $5,269,000 may be expended for the purchase of
such stock in fiscal year 1996.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the Fund to be administered by the Inter-American
Development Bank, $70,000,000 to remain available until expended.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 1996, unless
otherwise specified herein, as follows:
Agency for International Development
children and disease programs fund
For necessary expenses to carry out the provisions of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961, for child
survival, assistance to combat tropical and other diseases, and related
assistance activities, $592,660,000, to remain available until
September 30, 1997: Provided, That this amount shall be made available
for such activities as (1) immunization programs, (2) oral rehydration
programs, (3) health and nutrition programs, and related education
programs, which address the needs of mothers and children, (4) water
and sanitation programs, (5) assistance for displaced and orphaned
children, (6) programs for the prevention, treatment, and control of,
and research on, HIV/AIDS, polio, malaria and other diseases, (7) basic
education programs, and (8) a contribution on a grant basis to the
United Nations Children's Fund (UNICEF): Provided further, That funds
appropriated under this heading shall be in addition to amounts
otherwise available for such purposes.
development assistance fund
(including transfers of funds)
For necessary expenses to carry out the provisions of sections 103
through 106 of the Foreign Assistance Act of 1961, $655,000,000, to
remain available until September 30, 1997: Provided, That none of the
funds made available in this Act nor any unobligated balances from
prior appropriations may be made available to any organization or
program which, as determined by the President of the United States,
supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That none of
the funds made available under this heading may be used to pay for the
performance of abortion as a method of family planning or to motivate
or coerce any person to practice abortions; and that in order to reduce
reliance on abortion in developing nations, funds shall be available
only to voluntary family planning projects which offer, either directly
or through referral to, or information about access to, a broad range
of family planning methods and services: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: 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 and under the
heading ``Development Fund for Africa'', not to exceed a total of
$15,000,000 may be transferred to ``International Organizations and
Programs'' for a contribution to the International Fund for
Agricultural Development (IFAD), and that any such transfer of funds
shall be subject to the regular notification procedures of the
Committees on Appropriations.
development fund for africa
For necessary expenses to carry out the provisions of chapter 10 of
part I of the Foreign Assistance Act of 1961, $528,000,000, to remain
available until September 30, 1997: Provided, That none of the funds
appropriated by this Act to carry out chapters 1 and 10 of part I of
the Foreign Assistance Act of 1961 shall be transferred to the
Government of Zaire: Provided further, That funds appropriated under
this heading which are made available for activities supported by the
Southern Africa Development Community shall be made available
notwithstanding section 512 of this Act and section 620(q) of the
Foreign Assistance Act of 1961.
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.
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, $200,000,000 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, $7,000,000, to remain available until expended.
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. 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.
housing guaranty program account
For administrative expenses to carry out guaranteed loan programs,
$7,000,000, all of which may be transferred to and merged with the
appropriation for Operating Expenses of the Agency for International
Development.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $43,914,000.
operating expenses of the agency for international development
For necessary expenses to carry out the provisions of section 667,
$465,750,000: Provided, That of this amount not more than $1,475,000
may be made available to pay for printing costs: Provided further, That
none of the funds appropriated by this Act for programs administered by
the Agency for International Development may be used to finance
printing costs of any report or study (except feasibility, design, or
evaluation reports or studies) in excess of $25,000 without the
approval of the Administrator of that Agency or the Administrator's
designee.
operating expenses of the agency for international development office
of inspector general
For necessary expenses to carry out the provisions of section 667,
$35,200,000, 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, $2,300,000,000, to remain available until September 30, 1997:
Provided, That any funds appropriated under this heading that are made
available for Israel shall be made available on a grant basis as a cash
transfer and shall be disbursed within thirty days of enactment of this
Act or by October 31, 1995, whichever is later: Provided further, That
none of the funds appropriated under this heading shall be made
available for Zaire.
international fund for ireland
For necessary expenses to carry out the provisions of part I of the
Foreign Assistance Act of 1961, up to $19,600,000, which shall be
available for the United States contribution to the International Fund
for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 1997.
assistance for eastern europe and the baltic states
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, $324,000,000, to remain available until September
30, 1997, which shall be available, notwithstanding any other provision
of law, for economic assistance and for related programs for Eastern
Europe and the Baltic States.
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.
Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained
in that Act for the use of economic assistance.
assistance for the new independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of chapter
11 of part I of the Foreign Assistance Act of 1961 and the FREEDOM
Support Act, for assistance for the new independent states of the
former Soviet Union and for related programs, $580,000,000, to remain
available until September 30, 1997: Provided, That the provisions of
498B(j) of the Foreign Assistance Act of 1961 shall apply to funds
appropriated by this paragraph.
(b) None of the funds appropriated under this heading shall be
transferred to the Government of Russia--
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, negotiating repayment of
commercial debt, respect for commercial contracts, and
equitable treatment of foreign private investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
(c) Funds may be furnished without regard to subsection (b) if the
President determines that to do so is in the national interest.
(d) None of the funds appropriated under this heading shall be made
available to any government of the new independent states of the former
Soviet Union if that government directs any action in violation of the
territorial integrity or national sovereignty of any other new
independent state, such as those violations included in Principle Six
of 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.
(f) Funds appropriated under this heading shall be subject to the
regular notification procedures of the Committees on Appropriations.
(g) Funds made available in this Act for assistance to the new
independent states of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(h) Funds appropriated under this heading may be made available for
assistance for Mongolia.
(i) Funds made available in this Act for assistance to the new
independent states of the former Soviet Union shall be provided to the
maximum extent feasible through the private sector, including small-
and medium-size businesses, entrepreneurs, and others with indigenous
private enterprises in the region, intermediary development
organizations committed to private enterprise, and private voluntary
organizations previously functioning in the new independent states.
(j) The ratio of private sector investment (including volunteer
contributions in cash or time) to United States government assistance
in projects referred to in subsection (i) shall be no less than a ratio
of 1 to 1.
Independent Agencies
african development foundation
For necessary expenses to carry out the provisions of title V of
the International Security and Development Cooperation Act of 1980,
Public Law 96-533, and to make such contracts and commitments without
regard to fiscal year limitations, as provided by 31 U.S.C. 9104,
$11,500,000.
inter-american foundation
For expenses necessary to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, and to make such contracts and
commitments without regard to fiscal year limitations, as provided by
section 9104, title 31, United States Code, $20,000,000.
peace corps
For expenses necessary to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $210,000,000, 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.
Department of State
international narcotics control
For necessary expenses to carry out the provisions of section 481
of the Foreign Assistance Act of 1961, $113,000,000: Provided, That
during fiscal year 1996, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive non-lethal excess property from
an agency of the United States Government for the purpose of providing
it to a foreign country under chapter 8 of part I of that Act subject
to the regular notification procedures of the Committees on
Appropriations.
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; purchase and hire of
passenger motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $671,000,000: Provided, That, one of the
funds appropriated under this heading shall be available for salaries
and expenses of personnel assigned to the bureau charged with carrying
out the Migration and Refugee Assistance Act.
refugee resettlement assistance
For necessary expenses for the targeted assistance program
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 and
administered by the Office of Refugee Resettlement of the Department of
Health and Human Services, in addition to amounts otherwise available
for such purposes, $5,000,000.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 260(c)), $50,000,000, to remain available until expended:
Provided, That the funds made available under this heading are
appropriated notwithstanding the provisions contained in section
2(c)(2) of the Migration and Refugee Assistance Act of 1962 which would
limit the amount of funds which could be appropriated for this purpose.
anti-terrorism assistance
For necessary expenses to carry out the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961, $17,000,000.
nonproliferation and disarmament fund
For necessary expenses for a ``Nonproliferation and Disarmament
Fund'', $20,000,000, to remain available until expended, to promote
bilateral and multilateral activities: Provided, That such funds may be
used pursuant to the authorities contained in section 504 of the
FREEDOM Support Act: Provided further, That such funds may also be used
for such countries other than the new independent states of the former
Soviet Union and international organizations when it is in the national
security interest of the United States to do so: Provided further, That
funds appropriated under this heading may be made available
notwithstanding any other provision of law: Provided further, That
funds appropriated under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $39,000,000: 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: Provided further, That funds appropriated under this heading
for grant financed military education and training for Indonesia and
Guatemala may only be available for expanded military education and
training.
foreign military financing program
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$3,211,279,000: Provided, That funds appropriated by this paragraph
that are made available for Israel and Egypt shall be made available
only as grants: Provided further, That the funds appropriated by this
paragraph that are made available for Israel shall be disbursed within
thirty days of enactment of this Act or by October 31, 1995, whichever
is later: 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 to exceed $475,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: 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 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, $64,400,000:
Provided, That these funds are available to subsidize gross obligations
for the principal amount of direct loans of not to exceed $544,000,000:
Provided further, That the rate of interest charged on such loans shall
be not less than the current average market yield on outstanding
marketable obligations of the United States of comparable maturities:
Provided further, That funds appropriated under this heading shall be
made available for Greece and Turkey only on a loan basis, and the
principal amount of direct loans for each country shall not exceed
$224,000,000 for Greece and shall not exceed $320,000,000 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 demining activities, and may include activities
implemented through nongovernmental and international organizations:
Provided further, That not more than $100,000,000 of the funds made
available under this heading shall be available for use in financing
the procurement of defense articles, defense services, or design and
construction services that are not sold by the United States Government
under the Arms Export Control Act to countries other than Israel and
Egypt: Provided further, That only those countries for which assistance
was justified for the ``Foreign Military Sales Financing Program'' in
the fiscal year 1989 congressional presentation for security assistance
programs may utilize funds made available under this heading for
procurement of defense articles, defense services or design and
construction services that are not sold by the United States Government
under the Arms Export Control Act: Provided further, That, subject to
the regular notification procedures of the Committees on
Appropriations, funds made available under this heading for the cost of
direct loans may also be used to supplement the funds available under
this heading for grants, and funds made available under this heading
for grants may also be used to supplement the funds available under
this heading for the cost of direct loans: Provided further, That funds
appropriated under this heading shall be expended at the minimum rate
necessary to make timely payment for defense articles and services:
Provided further, That the Department of Defense shall conduct during
the current fiscal year nonreimbursable audits of private firms whose
contracts are made directly with foreign governments and are financed
with funds made available under this heading (as well as subcontractors
thereunder) as requested by the Defense Security Assistance Agency:
Provided further, That not more than $24,000,000 of the funds
appropriated under this heading may be obligated for necessary
expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general
costs of administering military assistance and sales: Provided further,
That not more than $355,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year 1996
pursuant to section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $68,300,000.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
International Financial Institutions
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
share of the paid-in share portion of the increases in capital stock
for the General Capital Increase, $23,009,000, to remain available
until expended.
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), $30,000,000, to
remain available until September 30, 1997.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed $743,900,000.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $575,000,000, for the United States
contribution to the tenth replenishment, 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, $25,950,000.
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 $1,523,000,000.
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, $13,200,000, 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 $647,000,000.
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, $69,180,000, for the United States
share of the paid-in share portion of the initial capital subscription,
to remain available until expended: Provided, That of the amount
appropriated under this heading not more than $54,600,000 may be
expended for the purchase of such stock in fiscal year 1996.
limitation on callable capital subscriptions
The United States Governor of the European Bank for Reconstruction
and Development may subscribe without fiscal year limitation to the
callable capital portion of the United States share of such capital
stock in an amount not to exceed $161,400,000.
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, $155,000,000:
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 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 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
$25,000,000 of the funds appropriated under this heading may be made
available to the UNFPA: Provided further, That not more than one-half
of this amount may be provided to UNFPA before March 1, 1996, and that
no later than February 15, 1996, the Secretary of State shall submit a
report to the Committees on Appropriations indicating the amount UNFPA
is budgeting for the People's Republic of China in 1996: Provided
further, That any amount UNFPA plans to spend in the People's Republic
of China in 1996 above $7,000,000, shall be deducted from the amount of
funds provided to UNFPA after March 1, 1996 pursuant to the previous
provisos: Provided further, That with respect to any funds appropriated
under this heading that are made available to UNFPA, UNFPA shall be
required to maintain such funds in a separate account and not commingle
them with any other funds: Provided further, That up to $13,000,000 may
be made available to the Korean Peninsula Energy Development
Organization (KEDO) for administrative expenses and heavy fuel oil
costs associated with the Framework Agreement: Provided further, That
additional funds may be made available to KEDO subject to the regular
notification procedures of the Committees on Appropriations.
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 ``International Organizations and Programs'') pursuant
to this Act, for carrying out the Foreign Assistance Act of 1961, may
be used, except for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.
prohibition against direct funding for certain countries
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Iraq, Libya,
North Korea, Iran, Serbia, Sudan, or Syria: Provided, That for purposes
of this section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance and guarantees of the Export-
Import Bank or its agents.
military coups
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to any country whose duly elected Head
of Government is deposed by military coup or decree: Provided, That
assistance may be resumed to such country if the President determines
and reports to the Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government has taken
office.
transfers between accounts
Sec. 509. None of the funds made available by this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That the exercise of such authority shall be subject
to the regular notification procedures of the Committees on
Appropriations, except for transfers specifically referred to in this
Act.
deobligation/reobligation authority
Sec. 510. Amounts certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955, as having been obligated against
appropriations heretofore made under the authority of the Foreign
Assistance Act of 1961 for the same general purpose as any of the
headings under title II of this Act are, if deobligated, hereby
continued available for the same period as the respective
appropriations under such headings or until September 30, 1996,
whichever is later, and for the same general purpose, and for countries
within the same region as originally obligated: Provided, That the
Appropriations Committees of both Houses of the Congress are notified
fifteen days in advance of the deobligation and reobligation of such
funds in accordance with regular notification procedures of the
Committees on Appropriations.
availability of funds
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8 and 11 of part I,
section 667, and chapter 4 of part II of the Foreign Assistance Act of
1961, as amended, and funds provided under the heading ``Assistance for
Eastern Europe and the Baltic States'', shall remain available until
expended if such funds are initially obligated before the expiration of
their respective periods of availability contained in this Act:
Provided further, That, notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of 1961 which
are allocated or obligated for cash disbursements in order to address
balance of payments or economic policy reform objectives, shall remain
available until expended: Provided further, That the report required by
section 653(a) of the Foreign Assistance Act of 1961 shall designate
for each country, to the extent known at the time of submission of such
report, those funds allocated for cash disbursement for balance of
payment and economic policy reform purposes.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to any country which is in default during
a period in excess of one calendar year in payment to the United States
of principal or interest on any loan made to such country by the United
States pursuant to a program for which funds are appropriated under
this Act: Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made available in this
Act or during the current fiscal year for Nicaragua, and for any
narcotics-related assistance for Colombia, Bolivia, and Peru authorized
by the Foreign Assistance Act of 1961 or the Arms Export Control Act.
commerce and trade
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if
the assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury to
United States producers of the same, similar, or competing commodity.
(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 ``Child Survival and Disease Programs
Fund'', ``Development Assistance Fund'', ``Development Fund for
Africa'', ``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 and Disarmament Fund'', ``Anti-terrorism
assistance'', ``Foreign Military Financing Program'', ``International
military education and training'', ``Inter-American Foundation'',
``African Development Foundation'', ``Peace Corps'', ``Migration and
refugee assistance'', or ``United States Emergency Refugee and
Migration Assistance Fund'', 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 20 per centum of the amount previously justified to the
Congress for obligation for such activity, program, or project for the
current fiscal year: Provided further, That the requirements of this
section or any similar provision of this Act or any prior Act requiring
notification in accordance with the regular notification procedures of
the Committees on Appropriations may be waived if failure to do so
would pose a substantial risk to human health or welfare: Provided
further, That in case of any such waiver, notification to the Congress,
or the appropriate congressional committees, shall be provided as early
as practicable, but in no event later than three days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on availability of funds for international organizations and
programs
Sec. 516. Notwithstanding any other provision of law or of this
Act, none of the funds provided for ``International Organizations and
Programs'' shall be available for the United States proportionate
share, in accordance with section 307(c) of the Foreign Assistance Act
of 1961, for any programs identified in section 307, or for Libya,
Iran, or, at the discretion of the President, Communist countries
listed in section 620(f) of the Foreign Assistance Act of 1961, as
amended: Provided, That, subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated under this Act
or any previously enacted Act making appropriations for foreign
operations, export financing, and related programs, which are returned
or not made available for organizations and programs because of the
implementation of this section or any similar provision of law, shall
remain available for obligation through September 30, 1997.
economic 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 concerning 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.
reporting requirement
Sec. 519. The President shall submit to the Committees on
Appropriations the reports required by section 25(a)(1) of the Arms
Export Control Act.
special notification requirements
Sec. 520. None of the funds appropriated in this Act shall be
obligated or expended for Colombia, Dominican Republic, Guatemala,
Haiti, Indonesia, Liberia, Nicaragua, Peru, Russia, Sudan, or Zaire
except as provided through the regular notification procedures of the
Committees on Appropriations: Provided, That this section shall not
apply to funds appropriated by this Act to carry out the provisions of
chapter 1 of part I of the Foreign Assistance Act of 1961 that are made
available for Indonesia and Nicaragua.
definition of program, project, and activity
Sec. 521. For the purpose of this Act, ``program, project, and
activity'' shall be defined at the Appropriations Act account level and
shall include all Appropriations and Authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the Agency for
International Development ``program, project, and activity'' shall also
be considered to include central program level funding, either as (1)
justified to the Congress, or (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on
Appropriations within thirty days of enactment of this Act, as required
by section 653(a) of the Foreign Assistance Act of 1961.
child survival and aids activities
Sec. 522. Up to $8,000,000 of the funds made available by this Act
for assistance for family planning, health, child survival, and AIDS,
may be used to reimburse United States Government agencies, agencies of
State governments, institutions of higher learning, and private and
voluntary organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned to, or
contracted by, as the case may be, the Agency for International
Development for the purpose of carrying out family planning activities,
child survival activities and activities relating to research on, and
the treatment and control of, acquired immune deficiency syndrome in
developing countries: Provided, That funds appropriated by this Act
that are made available for child survival activities or activities
relating to research on, and the treatment and control of, acquired
immune deficiency syndrome may be made available notwithstanding any
provision of law that restricts assistance to foreign countries:
Provided further, That funds appropriated by this Act that are made
available for family planning activities may be made available
notwithstanding section 512 of this Act and section 620(q) of the
Foreign Assistance Act of 1961.
prohibition against indirect funding to certain countries
Sec. 523. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance indirectly
any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North
Korea, or the People's Republic of China, unless the President of the
United States certifies that the withholding of these funds is contrary
to the national interest of the United States.
reciprocal leasing
Sec. 524. Section 61(a) of the Arms Export Control Act is amended
by striking out ``1995'' and inserting in lieu thereof ``1996''.
notification on excess defense equipment
Sec. 525. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of
1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as are
other committees pursuant to subsection (c) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees: Provided further, That such
Committees shall also be informed of the original acquisition cost of
such defense articles.
authorization requirement
Sec. 526. Funds appropriated by this Act may be obligated and
expended subject to section 10 of Public Law 91-672 and section 15 of
the State Department Basic Authorities Act of 1956.
opposition to assistance to terrorist countries by international
financial institutions
Sec. 527. (a) Instructions for United States Executive Directors.--
The Secretary of the Treasury shall instruct the United States
Executive Director of each international financial institution
designated in subsection (b), and the Administrator of the Agency for
International Development shall instruct the United States Executive
Director of the International Fund for Agriculture Development, to use
the voice and vote of the United States to oppose any loan or other use
of the funds of the respective institution to or for a country for
which the Secretary of State has made a determination under section
6(j) of the Export Administration Act of 1979.
(b) Definition.--For purposes of this section, the term
``international financial institution'' includes--
(1) the International Bank for Reconstruction and
Development, the International Development Association, and the
International Monetary Fund; and
(2) wherever applicable, the Inter-American Development
Bank, the Asian Development Bank, the African Development Bank,
the African Development Fund, and the European Bank for
Reconstruction and Development.
commercial leasing of defense articles
Sec. 528. Notwithstanding any other provision of law, and subject
to the regular notification requirements of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel and 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.
stingers in the persian gulf region
Sec. 529. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990, the United States may not sell or otherwise make available any
Stingers to any country bordering the Persian Gulf under the Arms
Export Control Act or chapter 2 of part II of the Foreign Assistance
Act of 1961.
debt-for-development
Sec. 530. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the Agency for
International Development may place in interest bearing accounts funds
made available under this Act or prior Acts or local currencies which
accrue to that organization as a result of economic assistance provided
under title II of this Act and any interest earned on such investment
may be used for the purpose for which the assistance was provided to
that organization.
location of stockpiles
Sec. 531. Section 514(b)(2) of the Foreign Assistance Act of 1961
is amended by striking out ``a total of $200,000,000 for stockpiles in
Israel for fiscal years 1994 and 1995, up to $40,000,000 may be made
available for stockpiles in the Republic of Korea, and up to
$10,000,000 may be made available for stockpiles in Thailand for fiscal
year 1995.'' and inserting in lieu thereof ``$40,000,000 for stockpiles
in the Republic of Korea and $10,000,000 for stockpiles in Thailand for
fiscal year 1996''.
separate accounts
Sec. 532. (a) Separate Accounts for Local Currencies.--(1) If
assistance is furnished to the government of a foreign country under
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 under agreements which result in the generation
of local currencies of that country, the Administrator of the Agency
for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be
generated, and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent
with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local
currencies, shall be used only--
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities, or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The Agency for International
Development shall take all appropriate steps to ensure that the
equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of Assistance Programs.--Upon termination of
assistance to a country under chapters 1 or 10 of part I or chapter 4
of part II (as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Conforming Amendments.--The provisions of this subsection shall
supersede the tenth and eleventh provisos contained under the heading
``Sub-Saharan Africa, Development Assistance'' as included in the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 and sections 531(d) and 609 of the Foreign
Assistance Act of 1961.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is
made available to the government of a foreign country, under chapters 1
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the
Committee of Conference accompanying House Joint Resolution 648 (H.
Report No. 98-1159).
(3) Notification.--At least fifteen days prior to obligating any
such cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of
the Committees on Appropriations, which shall include a detailed
description of how the funds proposed to be made available will be
used, with a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the
notification procedures of the Committees on Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 533. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code,
or while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
compliance with united nations sanctions against iraq
Sec. 534. (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. 535. (a) Notwithstanding any other provision of law, the
President may direct the drawdown, without reimbursement by the
recipient, of defense articles from the stocks of the Department of
Defense, defense services of the Department of Defense, and military
education and training, of an aggregate value not to exceed $15,000,000
in fiscal year 1996, as may be necessary to carry out subsection (b).
(b) Such defense articles, services and training may be provided to
Vietnam, Cambodia and Laos, under subsection (a) as the President
determines are necessary to support efforts to locate and repatriate
members of the United States Armed Forces and civilians employed
directly or indirectly by the United States Government who remain
unaccounted for from the Vietnam War, and to ensure the safety of
United States Government personnel engaged in such cooperative efforts
and to support United States Department of Defense-sponsored
humanitarian projects associated with the POW/MIA efforts. Any aircraft
shall be provided under this section only to Laos and only on a lease
or loan basis, but may be provided at no cost notwithstanding section
61 of the Arms Export Control Act and may be maintained with defense
articles, services and training provided under this section.
(c) The President shall, within sixty days of the end of any fiscal
year in which the authority of subsection (a) is exercised, submit a
report to the Congress which identifies the articles, services, and
training drawn down under this section.
mediterranean excess defense articles
Sec. 536. During fiscal year 1996, the provisions of section 573(e)
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990, shall be applicable, for the period specified
therein, to excess defense articles made available under sections 516
and 519 of the Foreign Assistance Act of 1961.
cash flow financing
Sec. 537. For each country that has been approved for cash flow
financing (as defined in section 25(d) of the Arms Export Control Act,
as added by section 112(b) of Public Law 99-83) under the Foreign
Military Financing Program, any Letter of Offer and Acceptance or other
purchase agreement, or any amendment thereto, for a procurement in
excess of $100,000,000 that is to be financed in whole or in part with
funds made available under this Act shall be submitted through the
regular notification procedures to the Committees on Appropriations.
authorities for the peace corps, the inter-american foundation and the
african development foundation
Sec. 538. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development Foundation
Act. The appropriate agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is prohibited.
impact on jobs in the united states
Sec. 539. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export processing zone or
designated area in which the tax, tariff, labor, environment,
and safety laws of that country do not apply, in part or in
whole, to activities carried out within that zone or area,
unless the President determines and certifies that such
assistance is not likely to cause a loss of jobs within the
United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights,
as defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
or area in that country: Provided, That in recognition that the
application of this subsection should be commensurate with the
level of development of the recipient country and sector, the
provisions of this subsection shall not preclude assistance for
the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
authority to assist bosnia-hercegovina
Sec. 540. (a) Congress finds as follows:
(1) The United Nations has imposed an embargo on the
transfer of arms to any country on the territory of the former
Yugoslavia.
(2) The federated states of Serbia and Montenegro have a
large supply of military equipment and ammunition and the
Serbian forces fighting the government of Bosnia-Hercegovina
have more than one thousand battle tanks, armored vehicles, and
artillery pieces.
(3) Because the United Nations arms embargo is serving to
sustain the military advantage of the aggressor, the United
Nations should exempt the government of Bosnia-Hercegovina from
its embargo.
(b) Pursuant to a lifting of the United Nations arms embargo, or to
a unilateral lifting of the arms embargo by the President of the United
States, against Bosnia-Hercegovina, the President is authorized to
transfer, subject to prior notification of the Committees on
Appropriations, to the government of that nation, without
reimbursement, defense articles from the stocks of the Department of
Defense and defense services of the Department of Defense of an
aggregate value not to exceed $50,000,000 in fiscal year 1996:
Provided, That the President certifies in a timely fashion to the
Congress that the transfer of such articles would assist that nation in
self-defense and thereby promote the security and stability of the
region.
(c) Within 60 days of any transfer under the authority provided in
subsection (b), and every 60 days thereafter, the President shall
report in writing to the Speaker of the House of Representatives and
the President pro tempore of the Senate concerning the articles
transferred and the disposition thereof.
(d) There are authorized to be appropriated to the President such
sums as may be necessary to reimburse the applicable appropriation,
fund, or account for defense articles provided under this section.
restrictions on the termination of sanctions against serbia and
montenegro
Sec. 540A. (a) Restrictions.--Notwithstanding any other provision
of law, no sanction, prohibition, or requirement described in section
1511 of the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160), with respect to Serbia or Montenegro, may cease
to be effective, unless--
(1) the President first submits to the Congress a
certification described in subsection (b); and
(2) the requirements of section 1511 of that Act are met.
(b) Certification.--A certification described in this subsection is
a certification that--
(1) there is substantial progress toward--
(A) the realization of a separate identity for
Kosova and the right of the people of Kosova to govern
themselves; or
(B) the creation of an international protectorate
for Kosova;
(2) there is substantial improvement in the human rights
situation in Kosova;
(3) international human rights observers are allowed to
return to Kosova; and
(4) the elected government of Kosova is permitted to meet
and carry out its legitimate mandate as elected representatives
of the people of Kosova.
special authorities
Sec. 541. (a) Funds appropriated in title II of this Act that are
made available for Haiti, 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-Hercegovina, Croatia, and Kosova, may be made available
notwithstanding any other provision of law: Provided, That any such
funds that are made available for Cambodia shall be subject to the
provisions of section 531(e) of the Foreign Assistance Act of 1961 and
section 906 of the International Security and Development Cooperation
Act of 1985: Provided further, That the President shall terminate
assistance to any country or organization that he determines is
cooperating, tactically or strategically, with the Khmer Rouge in their
military operations.
(b) Funds appropriated by this Act to carry out the provisions of
sections 103 through 106 of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and energy programs aimed at reducing
emissions of greenhouse gases, and for the purpose of supporting
biodiversity conservation activities: Provided, That such assistance
shall be subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) During fiscal year 1996, the President may use up to
$40,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding the funding ceiling contained
in subsection (a) of that section.
(d) The Agency for International Development may employ personal
services contractors, notwithstanding any other provision of law, for
the purpose of administering programs for the West Bank and Gaza.
policy on terminating the arab league boycott of israel
Sec. 542. It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel; and
(2) the President should--
(A) take more concrete steps to encourage
vigorously Arab League countries to renounce publicly
the primary boycotts of Israel and the secondary and
tertiary boycotts of American firms that have
commercial relations with Israel as a confidence-
building measure;
(B) take into consideration the participation of
any recipient country in the primary boycott of Israel
and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel when
determining whether to sell weapons to said country;
(C) report to Congress on the specific steps being
taken by the President to bring about a public
renunciation of the Arab primary boycott of Israel and
the secondary and tertiary boycotts of American firms
that have commercial relations with Israel; and
(D) encourage the allies and trading partners of
the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing
businesses that do comply.
anti-narcotics activities
Sec. 543. (a) Of the funds appropriated 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. 544. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961: Provided, That the
President shall take into consideration, in any case in which a
restriction on assistance would be applicable but for this subsection,
whether assistance in support of programs of nongovernmental
organizations is in the national interest of the United States:
Provided further, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of those
committees, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 1996, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under 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.
ceilings
Sec. 545. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically so
directs.
excess defense articles
Sec. 546. (a) The authority of section 519 of the Foreign
Assistance Act of 1961, as amended, may be used in fiscal year 1996 to
provide nonlethal excess defense articles to countries for which United
States foreign assistance has been requested and for which receipt of
such articles was separately justified for the fiscal year, without
regard to the restrictions in subsection (a) of section 519.
(b) The authority of section 516 of the Foreign Assistance Act of
1961, as amended, may be used in fiscal year 1996 to provide defense
articles to Jordan, except that the provision of such defense articles
shall be subject to section 534 of this Act.
prohibition on publicity or propaganda
Sec. 547. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of enactment of this Act by the
Congress: Provided, That none of the funds appropriated by this Act may
be made available to carry out the provisions of section 316 of Public
Law 96-533.
use of american resources
Sec. 548. To the maximum extent possible, assistance provided under
this Act should make full use of American resources, including
commodities, products, and services.
prohibition of payments to united nations members
Sec. 549. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations.
consulting services
Sec. 550. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order pursuant to existing
law.
private voluntary organizations--documentation
Sec. 551. None of the funds appropriated or made available pursuant
to this Act shall be available to a private voluntary organization
which fails to provide upon timely request any document, file, or
record necessary to the auditing requirements of the Agency for
International Development.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 552. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes of section 40(d) of the Arms Export Control Act. The
prohibition under this section with respect to a foreign government
shall terminate 12 months after that government ceases to provide such
military equipment. This section applies with respect to lethal
military equipment provided under a contract entered into after the
date of enactment of this Act.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of
the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional committees a
report with respect to the furnishing of such assistance. Any such
report shall include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States national
interests.
withholding of assistance for parking fines owed by foreign countries
Sec. 553. (a) In General.--Of the funds made available for a
foreign country under part I of the Foreign Assistance Act of 1961, an
amount equivalent to 110 percent of the total unpaid fully adjudicated
parking fines and penalties owed to the District of Columbia by such
country as of the date of enactment of this Act shall be withheld from
obligation for such country until the Secretary of State certifies and
reports in writing to the appropriate congressional committees that
such fines and penalties are fully paid to the government of the
District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 554. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza unless the President has exercised the authority
under section 583(a) of the Middle East Peace Facilitation Act of 1994
(part E of title V of Public Law 103-236) or any other legislation to
suspend or make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided, That if the
President fails to make the certification under section 583(b)(2) of
the Middle East Peace Facilitation Act or to suspend the prohibition
under other legislation, funds appropriated by this Act may not be
obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza.
export financing transfer authorities
Sec. 555. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 1996 for
programs under title 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. 556. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the authority of section 552(c) of
the Foreign Assistance Act of 1961, as amended, may be used to provide
up to $25,000,000 of commodities and services to the United Nations War
Crimes Tribunal established with regard to the former Yugoslavia by the
United Nations Security Council or such other tribunals or commissions
as the Council may establish to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall be
in lieu of any determinations otherwise required under section 552(c):
Provided further, That 60 days after the date of enactment of this Act,
and every 180 days thereafter, the Secretary of State shall submit a
report to the Committees on Appropriations describing the steps the
United States Government is taking to collect information regarding
allegations of genocide or other violations of international law in the
former Yugoslavia and to furnish that information to the United Nations
War Crimes Tribunal for the former Yugoslavia.
nonlethal excess defense articles
Sec. 557. Notwithstanding section 519(f) of the Foreign Assistance
Act of 1961, during fiscal year 1996, funds available to the Department
of Defense may be expended for crating, packing, handling and
transportation of nonlethal excess defense articles transferred under
the authority of section 519 to countries eligible to participate in
the Partnership for Peace and to receive assistance under Public Law
101-179.
landmines
Sec. 558. Notwithstanding any other provision of law, demining
equipment available to any department or agency and used in support of
the clearing of landmines for humanitarian purposes may be disposed of
on a grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe.
report on the salaries and benefits of the imf and the world bank
Sec. 559. The Comptroller General shall submit a report to the
Committees on Appropriations not later than November 1, 1995, on the
following--
(1) a review of the existing salaries and benefits of
employees of the International Monetary Fund and the
International Bank for Reconstruction and Development; and
(2) a review of all benefits paid to dependents of Fund and
Bank employees.
Such report shall include a comparison of the salaries and benefits
paid to employees and dependents of the Fund and the Bank with salaries
and benefits paid to employees holding comparable positions in the
public and private sectors in member countries and in the international
sector.
restrictions concerning the palestinian authority
Sec. 560. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new office
of any department or agency of the United States Government for the
purpose of conducting official United States Government business with
the Palestinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO Declaration
of Principles: Provided, That this subsection shall not apply to the
acquisition of additional space for the existing Consulate General in
Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided for
in the Israel-PLO Declaration of Principles, for the purpose of
conducting official United States Government business with such
authority should continue to take place in locations other than
Jerusalem. As has been true in the past, officers and employees of the
United States Government may continue to meet in Jerusalem on other
subjects with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have incidental
discussions.
prohibition of payment of certain expenses
Sec. 561. None of the funds appropriated or otherwise made
available by this Act under the heading ``international military
education and training'' or ``foreign military financing program'' for
Informational Program activities may be obligated or expended to pay
for--
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Informational
Program trips where students do not stay at a military
installation; or
(3) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
limitation on assistance to countries that restrict the transport or
delivery of united states humanitarian assistance
Sec. 562. (a) In General.--None of the funds made available in this
Act may be used for assistance in support of any country when it is
made known to the President that the government of such country
prohibits or otherwise restricts, directly or indirectly, the transport
or delivery of United States humanitarian assistance.
(b) Exception.--Subsection (a) shall not apply to assistance in
support of any country when it is made known to the President that the
assistance is in the national security interest of the United States.
references to authorization acts
Sec. 563. The funds appropriated under the heading, ``Child
Survival and Disease Programs Fund'' are provided pursuant to the
Foreign Assistance Act, as amended: under sections 103 through 106
(Development Assistance Fund), in the amount of $214,000,000; under
part I, chapter 10 (Development Fund for Africa), in the amount of
$131,000,000; under the provisions of section 498(6) (Assistance for
the New Independent States of the Former Soviet Union), in the amount
of $15,000,000; under the provisions of part I, chapter 1, section
104(c) of the Foreign Assistance Act and the Support for East European
Democracy (SEED) Act of 1989, in the amount of $1,000,000; under
provisions of chapter 4, part II (Economic Support Fund), in the amount
of $23,000,000; under the provisions of section 301, in the amount of
$100,000,000 as a contribution on a grant basis to the United Nation's
Children's Fund (UNICEF): Provided, That funds derived from funds
authorized under chapter 4, part II, shall be made available for
projects meeting criteria set forth in part I section 104(c): Provided
further, That funds appropriated under the heading ``Child Survival and
Disease Programs Fund'' shall be in addition to amounts otherwise
available for such purposes.
prohibition on funding for abortion
Sec. 564. (a) In General.--
(1) Notwithstanding any other provision of this Act or
other law, none of the funds appropriated by this Act for
population assistance activities may be made available for any
private, nongovernmental, or multilateral organization until
the organization certifies that it does not now, and will not
during the period for which the funds are made available,
directly or through a subcontractor or sub-grantee, perform
abortions in any foreign country, except where the life of the
mother would be endangered if the fetus were carried to term or
in cases of forcible rape or incest.
(2) Paragraph (1) may not be construed to apply to the
treatment of injuries or illnesses caused by legal or illegal
abortions or to assistance provided directly to the government
of a country.
(b) Lobbying Activities .--
(1) Notwithstanding any other provision of this Act or
other law, none of the funds appropriated by this Act for
population assistance activities may be made available for any
private, nongovernmental, or multilateral organization until
the organization certifies that it does not now, and will not
during the period for which the funds are made available,
violate the laws of any foreign country concerning the
circumstances under which abortion is permitted, regulated, or
prohibited, or engage in any activity or effort to alter the
laws or governmental policies of any foreign country concerning
the circumstances under which abortion is permitted, regulated,
or prohibited.
(2) Paragraph (1) shall not apply to activities in
opposition to coercive abortion or involuntary sterilization.
(c) Coercive Population Control Methods.--Notwithstanding any other
provision of this Act or other law, none of the funds appropriated by
this Act may be made available for the United Nations Population Fund
(UNFPA), unless the President certifies to the appropriate
congressional committees that (1) the United Nations Population Fund
has terminated all activities in the People's Republic of China; or (2)
during the 12 months preceding such certification, there have been no
abortions as the result of coercion associated with the family planning
policies of the national government or other governmental entities
within the People's Republic of China. As used in this section the term
``coercion'' includes physical duress or abuse, destruction or
confiscation of property, loss of means of livelihood, or severe
psychological pressure.
withholding of assistance to countries supporting nuclear plant in cuba
Sec. 565. The President shall withhold from assistance made
available with funds appropriated or made available pursuant to this
Act an amount equal to the sum of assistance and credits, if any,
provided on or after the date of the enactment of this Act by that
country, or any entity in that country, in support of the completion of
the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba.
limitation on funds for haiti
Sec. 566. None of the funds appropriated in this Act may be made
available to the Government of Haiti when it is made known to the
President that such Government is controlled by a regime holding power
through means other than the democratic elections scheduled for
calendar year 1995 and held pursuant to the requirements of the 1987
Constitution of Haiti.
purchase of american-made equipment and products
Sec. 567. Sense of Congress.--It is the sense of the Congress that,
to the greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be American-
made.
(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 on assistance to turkey
Sec. 568. Not more than $21,000,000 of the funds appropriated in
this Act under the heading ``Economic Support Fund'' may be made
available to the Government of Turkey.
limitation of funds for north american development bank
Sec. 569. No funds appropriated in this Act under the heading
``North American Development Bank'' may be obligated or expended unless
it is made known to the Federal entity or official to which funds are
appropriated under this Act that the Government of Mexico has
contributed a share of the paid-in portion of the capital stock for
fiscal year 1996 equivalent to that appropriated by the United States.
limitation on funds for burma
Sec. 570. None of the funds made available in this Act may be used
for International Narcotics Control or Crop Substitution Assistance for
the Government of Burma.
limitation on funds for russia
Sec. 571. Of the funds appropriated in this Act under the heading
``Assistance for the New Independent States of the Former Soviet
Union'', not more than $195,000,000 may be made available for Russia.
limitation on assistance to mexico
Sec. 572. In General.--None of the funds appropriated or otherwise
made available by this Act may be obligated or expended for the
Government of Mexico, except if it is made known to the Federal entity
or official to which funds are appropriated under this Act that--
(1) the Government of Mexico is taking actions to reduce
the amount of illegal drugs entering the United States from
Mexico, as determined by the Director of the Office of National
Drug Control Policy; and
(2) the Government of Mexico--
(A) is taking effective actions to apply vigorously
all law enforcement resources to investigate, track,
capture, incarcerate, and prosecute illegal drug
kingpins and their accomplices, individuals responsible
for, or otherwise involved in, corruption, and
individuals involved in money-laundering; and
(B) is pursuing international anti-drug trafficking
initiatives.
human rights progress in ethiopia
Sec. 573. The Department of State should closely monitor and take
into account human rights progress in Ethiopia as it obligates fiscal
year 1996 funds for Ethiopia appropriated in this Act.
basic education for children
Sec. 574. Not more than $108,000,000 under the Agency for
International Development Children and Disease Programs Fund may be
used for basic education for children.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996''.
Passed the House of Representatives July 11, 1995.
Attest:
Clerk.