[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1868 Enrolled Bill (ENR)]
H.R.1868
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
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,
$45,614,000: 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 $26,000,000: Provided further, That project-
specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors pursuant
to section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $72,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961:
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.
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
CHILD SURVIVAL AND DISEASE PROGRAMS
Of the funds appropriated in title II of this Act, and under the
heading ``International Organizations and Programs'' in title IV of
this Act, not less than $484,000,000 shall be made available for
programs for child survival, assistance to combat tropical and other
diseases, and related activities: 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, tuberculosis, HIV/AIDS,
polio, malaria and other diseases, and (7) a contribution on a grant
basis to the United Nations Children's Fund (UNICEF).
development assistance
(including transfer of funds)
For necessary expenses to carry out the provisions of sections 103
through 106 and chapter 10 of part I of the Foreign Assistance Act of
1961, title V of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533) and the provisions of section 401 of
the Foreign Assistance Act of 1969, $1,675,000,000, to remain available
until September 30, 1997: Provided, That of the amount appropriated
under this heading, up to $20,000,000 may be made available for the
Inter-American Foundation and shall be apportioned directly to that
agency: Provided further, That of the amount appropriated under this
heading, up to $11,500,000 may be made available for the African
Development Foundation and shall be apportioned directly to that
agency: Provided further, That of the funds appropriated under title II
of this Act that are administered by the Agency for International
Development and made available for family planning assistance, not less
than 65 percent shall be made available directly to the agency's
central Office of Population and shall be programmed by that office for
family planning activities: Provided further, That the President shall
seek to ensure that funds made available under this heading for sub-
Saharan Africa are in substantially the same proportion to the total
amount appropriated and made available by this Act for development
assistance as the proportion of funds made available for development
assistance for sub-Saharan Africa was to the total amount appropriated
for development assistance in Public Law 103-306: Provided further,
That up to $25,000,000 of the funds appropriated under this heading may
be made available for necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act: Provided further, That the
President shall seek to ensure that the percentage of funds made
available under this heading for the activities of private and
voluntary organizations and cooperatives is at least equal to the
percentage of funds made available pursuant to corresponding
authorities in law for the activities of private and voluntary
organizations and cooperatives in fiscal year 1995: Provided further
That 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 for purposes of this or
any other Act authorizing or appropriating funds for foreign
operations, export financing, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided
further, That nothing in this paragraph shall be construed to alter any
existing statutory prohibitions against abortion under section 104 of
the Foreign Assistance Act of 1961: Provided further, That,
notwithstanding section 109 of the Foreign Assistance Act of 1961, of
the funds appropriated under this heading not to exceed a total of
$30,000,000 may be transferred to ``International Organizations and
Programs'' for a contribution to the International Fund for
Agricultural Development (IFAD), and that any such transfer of funds
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That not less than
$650,000 of the funds made available under this heading should be made
available for support of the United States Telecommunications Training
Institute.
cyprus
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than $15,000,000
shall be made available for Cyprus to be used only for scholarships,
administrative support of the scholarship program, bicommunal projects,
and measures aimed at reunification of the island and designed to
reduce tensions and promote peace and cooperation between the two
communities on Cyprus.
burma
Of the funds appropriated by this Act to carry out the provisions
of chapter 8 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, not less than $2,380,000 shall be made
available to support activities in Burma, along the Burma-Thailand
border, and for activities of Burmese student groups and other
organizations located outside Burma, for the purposes of fostering
democracy in Burma, supporting the provision of medical supplies and
other humanitarian assistance to Burmese located in Burma or displaced
Burmese along the borders, and for other purposes: Provided, That of
this amount, not less than $200,000 shall be made available to support
newspapers, publications, and other media activities promoting
democracy inside Burma: Provided further, That of this amount, not less
than $380,000 shall be made available for crop substitution activities
in cooperation with the Kachin people of Burma: Provided further, That
funds made available under this heading may be made available
notwithstanding any other provision of law: Provided further, That
provision of such funds shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
PRIVATE AND VOLUNTARY ORGANIZATIONS
None of the funds appropriated or otherwise made available by this
Act for development assistance may be made available to any United
States private and voluntary organization, except any cooperative
development organization, which obtains less than 20 per centum of its
total annual funding for international activities from sources other
than the United States Government: Provided, That the requirements of
the provisions of section 123(g) of the Foreign Assistance Act of 1961
and the provisions on private and voluntary organizations in title II
of the ``Foreign Assistance and Related Programs Appropriations Act,
1985'' (as enacted in Public Law 98-473) shall be superseded by the
provisions of this section, except that the authority contained in the
last sentence of section 123(g) may be exercised by the Administrator
with regard to the requirements of this paragraph.
Funds appropriated or otherwise made available under title II of
this Act should be made available to private and voluntary
organizations at a level which is equivalent to the level provided in
fiscal year 1995. Such private and voluntary organizations shall
include those which operate on a not-for-profit basis, receive
contributions from private sources, receive voluntary support from the
public and are deemed to be among the most cost-effective and
successful providers of development assistance.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491
of the Foreign Assistance Act of 1961, as amended, $181,000,000, to
remain available until expended.
humanitarian assistance to the former yugoslavia
Of the funds appropriated in title II of this Act, $40,000,000
should be available only for emergency humanitarian assistance to the
former Yugoslavia, of which amount not less than $6,000,000 shall be
available only for humanitarian assistance to Kosova.
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, $10,000,000, 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: Provided further,
That guarantees of loans made under this heading in support of
microenterprise activities may guarantee up to 70 percent of the
principal amount of any such loans notwithstanding section 108 of the
Foreign Assistance Act of 1961. In addition, for administrative
expenses to carry out programs under this heading, $500,000, all of
which may be transferred to and merged with the appropriation for
Operating Expenses of the Agency for International Development:
Provided further, That funds made available under this heading shall
remain available until September 30, 1997.
HOUSING GUARANTY PROGRAM ACCOUNT
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of guaranteed loans authorized by sections 221 and 222 of
the Foreign Assistance Act of 1961, $4,000,000, to remain available
until September 30, 1997: Provided, That these funds are available to
subsidize loan principal, 100 percent of which shall be guaranteed,
pursuant to the authority of such sections. In addition, for
administrative expenses to carry out guaranteed loan programs,
$7,000,000, all of which may be transferred to and merged with the
appropriation for Operating Expenses of the Agency for International
Development: Provided further, That commitments to guarantee loans
under this heading may be entered into notwithstanding the second and
third sentences of section 222(a) and, with regard to programs for
Eastern Europe and programs for the benefit of South Africans
disadvantaged by apartheid, section 223(j) of the Foreign Assistance
Act of 1961: Provided further, That none of the funds appropriated
under this heading shall be obligated except through the regular
notification procedures of the Committees on Appropriations.
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 (AID) 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 the Agency or the Administrator's
designee: Provided further, That notwithstanding any other provision of
law, none of the funds appropriated or otherwise made available by this
Act may be made available for expenses necessary to relocate the Agency
for International Development, or any part of that agency, to the
building at the Federal Triangle in Washington, District of Columbia.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE
OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section 667,
$30,200,000, to remain available until September 30, 1997, which sum
shall be available for the Office of the Inspector General of the
Agency for International Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,340,000,000, to remain available until September 30, 1997:
Provided, That of the funds appropriated under this heading, not less
than $1,200,000,000 shall be available only for Israel, which sum shall
be available on a grant basis as a cash transfer and shall be disbursed
within thirty days of enactment of this Act or by October 31, 1995,
whichever is later: Provided further, That not less than $815,000,000
shall be available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance may be provided,
with the understanding that Egypt will undertake significant economic
reforms which are additional to those which were undertaken in previous
fiscal years, and of which not less than $200,000,000 shall be provided
as Commodity Import Program assistance: Provided further, That the
Egyptian pound equivalent of $85,000,000 generated from funds made
available by this paragraph or generated from funds appropriated under
this heading in prior appropriations Acts, may be made available to the
United States pursuant to the United States-Egypt Economic, Technical
and Related Assistance Agreements of 1978, for the following activities
under such Agreements: the Egyptian pound equivalent of $50,000,000 may
be made available to replenish the existing endowment for the American
University in Cairo, and the Egyptian pound equivalent of $35,000,000
may be made available for projects and programs, including
establishment of an endowment, which promote the preservation and
restoration of Egyptian antiquities: Provided further, That in
exercising the authority to provide cash transfer assistance for Israel
and Egypt, the President shall ensure that the level of such assistance
does not cause an adverse impact on the total level of non-military
exports from the United States to each such country: Provided further,
That it is the sense of the Congress that the recommended levels of
assistance for Egypt and Israel are based in great measure upon their
continued participation in the Camp David Accords and upon the
Egyptian-Israeli peace treaty: Provided further, That 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
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $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.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for an
Enterprise Fund may be deposited by such Fund in interest-bearing
accounts prior to the Fund's disbursement of such funds for program
purposes. The Fund may retain for such program purposes any interest
earned on such deposits without returning such interest to the Treasury
of the United States and without further appropriation by the Congress.
Funds made available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects and
activities.
(c) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained
in that Act for the use of economic assistance.
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, $641,000,000, 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 the Helsinki
Final Act: Provided, That such funds may be made available without
regard to the restriction in this subsection if the President
determines that to do so is in the national security interest of the
United States: Provided further, That the restriction of this
subsection shall not apply to the use of such funds for the provision
of assistance for purposes of humanitarian, disaster and refugee
relief.
(e) None of the funds appropriated under this heading for the new
independent states of the former Soviet Union shall be made available
for any state to enhance its military capability: Provided, That this
restriction does not apply to demilitarization or nonproliferation
programs.
(f) Funds appropriated under this heading shall be subject to the
regular notification procedures of the Committees on Appropriations.
(g) Funds made available in this Act for assistance to the new
independent states of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(h) 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: Provided, That grantees and contractors should, to the
maximum extent possible, place in key staff positions specialists with
prior on the ground expertise in the region of activity and fluency in
one of the local languages.
(j) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated under this heading or in prior
appropriations Acts, for projects or activities that have as one of
their primary purposes the fostering of private sector development, the
Coordinator for United States Assistance to the New Independent States
and the implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
(k) Of the funds made available under this heading, not less than
$225,000,000 shall be made available for Ukraine, with the
understanding that Ukraine will undertake significant economic reforms
which are additional to those which were undertaken in previous fiscal
years, and of which not less than $50,000,000 (from this or any other
Act) shall be made available to improve energy self-sufficiency and
improve safety at nuclear reactors, and of which $2,000,000 should be
made available to conduct or implement an assessment of the energy
distribution grid that provides recommendations leading to increased
access to power by industrial, commercial and residential users, and of
which not less than $22,000,000 shall be made available to support the
development of small and medium enterprises, including independent
broadcast and print media.
(l) Of the funds made available under this heading, $5,000,000
should be made available for a project to screen, diagnose, and treat
victims of breast cancer associated with the 1985 incident at the
Chernobyl reactor in Ukraine.
(m) Of the funds made available by this Act, not less than
$85,000,000 shall be made available for Armenia.
(n) Of the funds made available by this or any other Act,
$30,000,000 should be made available for Georgia.
(o)(1) Effective ninety days after the date of enactment of this
Act, none of the funds appropriated under this heading may be made
available for Russia unless the President determines and certifies in
writing to the Committees on Appropriations that the Government of
Russia has terminated implementation of arrangements to provide Iran
with technical expertise, training, technology, or equipment necessary
to develop a nuclear reactor or related nuclear research facilities or
programs.
(2) Subparagraph (1) shall not apply if the President determines
that making such funds available is important to the national security
interest of the United States. Any such determination shall cease to be
effective six months after being made unless the President determines
that its continuation is important to the national security interest of
the United States.
(p) Of the funds appropriated under this heading, $20,000,000
should be provided for hospital partnership programs, medical
assistance to directly reduce the incidence of infectious diseases such
as diphtheria or tuberculosis, and a program to reduce the adverse
impact of contaminated drinking water.
(q) Of the funds appropriated under this heading and under the
heading ``Assistance for Eastern Europe and the Baltic States'', not
less than $12,600,000 shall be made available for law enforcement
training and exchanges, and investigative and technical assistance
activities related to international criminal activities.
(r) Support should be provided from funds appropriated under this
heading for a ballot security project to promote public review by
Russian citizens over the conduct of parliamentary and presidential
elections in Russia: Provided, That the Secretary of State may waive
this provision with regard to any election upon notification to the
Committees on Appropriations that the Government of Russia has blocked
implementation of a ballot security project.
(s) Of the funds appropriated under this heading, not less than
$50,000,000 should be provided to the Western NIS and Central Asian
Enterprise Funds: Provided, That obligation of these funds shall be
consistent with sound business practices.
(t) The President shall establish a Trans-Caucasus Enterprise Fund
to encourage regional peace through economic cooperation: Provided,
That the President shall seek other bilateral and multilateral
investors in the Fund: Provided further, That of the funds made
available under this heading, not less than $15,000,000 shall be made
available for a United States investment in the Trans-Caucasus
Enterprise Fund.
(u) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for an
Enterprise Fund may be deposited by such Fund in interest-bearing
accounts prior to the disbursement of such funds by the Fund for
program purposes. The Fund may retain for such program proposes any
interest earned on such deposits without returning such interest to the
Treasury of the United States and without further appropriation by the
Congress. Funds made available for Enterprise Funds shall be expended
at the minimum rate necessary to make timely payment for projects and
activities.
(v) Section 5421(d)(3)(B) of title 22, United States Code, is
amended by adding at the end thereof the following: ``: Provided, That,
as to Enterprise Funds established with respect to more than one host
country, such Enterprise Fund may, in lieu of the appointment of
citizens of the host countries to its Board of Directors, establish an
advisory council for the host region comprised of citizens of each of
the host countries or establish separate advisory councils for each of
the host countries (hereinafter in this section referred to as the
`Advisory Councils'), with which the Enterprise Fund's policies and
proposed activities and such host country citizens shall satisfy the
experience and expertise requirements of this clause.''.
(w) Notwithstanding any other provision of law, assistance may be
provided for the Government of Azerbaijan for humanitarian purposes, if
the President determines that humanitarian assistance provided in
Azerbaijan through nongovernmental organizations is not adequately
addressing the suffering of refugees and internally displaced persons.
Independent Agency
PEACE CORPS
For expenses necessary to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $205,000,000, including the purchase of not
to exceed five passenger motor vehicles for administrative purposes for
use outside of the United States: Provided, That none of the funds
appropriated under this heading shall be used to pay for abortions:
Provided further, That funds appropriated under this heading shall
remain available until September 30, 1997.
Department of State
INTERNATIONAL NARCOTICS CONTROL
For necessary expenses to carry out the provisions of section 481
of the Foreign Assistance Act of 1961, $115,000,000: 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; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $671,000,000: Provided, That not more than $12,000,000 shall be
available for administrative expenses: Provided further, That not less
than $80,000,000 shall be made available for refugees from the former
Soviet Union and Eastern Europe and other refugees resettling in
Israel.
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, $16,000,000.
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 and Guatemala: Provided further, That funds appropriated
under this heading for grant financed military education and training
for Indonesia may only be available for expanded military education and
training.
foreign military financing program
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$3,208,390,000: Provided, That of the funds appropriated by this
paragraph not less than $1,800,000,000 shall be available for grants
only for Israel, and not less than $1,300,000,000 shall be available
for grants only for Egypt: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed within
thirty days of enactment of this Act or by October 31, 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 less than $475,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That funds made available under this
paragraph shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further, That, for
the purpose only of providing support for the Warsaw Initiative
Program, of the funds appropriated by this Act under the headings
``Assistance for Eastern Europe and the Baltic States'' and
``Assistance for the New Independent States of the Former Soviet
Union'', up to a total of $20,000,000 may be transferred,
notwithstanding any other provision of law, to the funds appropriated
under this paragraph: Provided further, That none of the funds made
available under this heading shall be available for any non-NATO
country participating in the Partnership for Peace Program except
through the regular notification procedures of the Committees on
Appropriations.
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 the
following: $224,000,000 only for Greece and $320,000,000 only for
Turkey.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 515 of this Act: Provided further, That funds made available
under this heading shall be obligated upon apportionment in accordance
with paragraph (5)(C) of title 31, United States Code, section 1501(a):
Provided further, That none of the funds appropriated under this
heading shall be available for Zaire, Sudan, Peru, Liberia, and
Guatemala: Provided further, That none of the funds appropriated or
otherwise made available for use under this heading may be made
available for Colombia or Bolivia until the Secretary of State
certifies that such funds will be used by such country primarily for
counternarcotics activities: Provided further, That funds made
available under this heading may be used, notwithstanding any other
provision of law, for 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 $23,250,000 of the funds
appropriated under this heading may be obligated for necessary
expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general
costs of administering military assistance and sales: Provided further,
That not more than $355,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year 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, $70,000,000: Provided, That none
of the funds appropriated under this paragraph shall be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
International Financial Institutions
contribution to the 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, $28,189,963, to remain available
until expended: Provided, That not more than twenty-one days prior to
the obligation of each such sum, the Secretary shall submit a
certification to the Committees on Appropriations that the Bank has not
approved any loans to Iran since October 1, 1994, or the President of
the United States certifies that withholding of these funds is contrary
to the national interest of the United States.
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
contribution to the Global Environment Facility (GEF), $35,000,000, 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 $911,475,013.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $700,000,000, for the United States
contribution to the tenth replenishment, to remain available until
expended.
contribution to the international finance corporation
For payment to the International Finance Corporation by the
Secretary of the Treasury, $60,900,000, for the United States share of
the increase in subscriptions to capital stock, to remain available
until expended: Provided, That of the amount appropriated under this
heading not more than $5,269,000 may be expended for the purchase of
such stock in fiscal year 1996.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury, for the United States share of the paid-in share
portion of the increase in capital stock, $25,952,110, and for the
United States share of the increase in the resources of the Fund for
Special Operations, $10,000,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $1,523,767,142.
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, $53,750,000 to remain available until expended.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $13,221,596, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $647,858,204.
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increases in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended (Public Law
89-369), $100,000,000, to remain available until expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, $70,000,000, for the United States
share of the paid-in share portion of the initial capital subscription,
to remain available until expended: Provided, That of the amount
appropriated under this heading not more than $54,600,000 may be
expended for the purchase of such stock in fiscal year 1996.
limitation on callable capital subscriptions
The United States Governor of the European Bank for Reconstruction
and Development may subscribe without fiscal year limitation to the
callable capital portion of the United States share of such capital
stock in an amount not to exceed $163,333,333.
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, $285,000,000:
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
$30,000,000 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 funds may be made
available to the Korean Peninsula Energy Development Organization
(KEDO) for administrative expenses and heavy fuel oil costs associated
with the Agreed Framework: Provided further, That no funds may be
provided for KEDO for funding for administrative expenses and heavy
fuel oil costs beyond the total amount included for KEDO in the fiscal
year 1996 congressional presentation: Provided further, That no funds
may be made available under this Act to KEDO unless the President
determines and certifies in writing to the Committees on Appropriations
that (a) in accordance with section 1 of the Agreed Framework, KEDO has
designated a Republic of Korea company, corporation or entity for the
purpose of negotiating a prime contract to carry out construction of
the light water reactors provided for in the Agreed Framework; and (b)
the Democratic People's Republic of Korea is maintaining the freeze on
its nuclear facilities as required in the Agreed Framework; and (c) the
United States is taking steps to assure that progress is made on (1)
the North-South dialogue, including efforts to reduce barriers to trade
and investment, such as removing restrictions on travel,
telecommunications services and financial transactions; and (2)
implementation of the January 1, 1992, Joint Declaration on the
Denuclearization of the Korean Peninsula: Provided further, That a
report on the specific efforts with regard to subsections (a), (b) and
(c) of the preceding proviso shall be submitted by the President to the
Committees on Appropriations six months after the date of enactment of
this Act, and every six months thereafter.
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. (a) Amounts certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955, as having been obligated against
appropriations heretofore made under the authority of the Foreign
Assistance Act of 1961 for the same general purpose as any of the
headings under title II of this Act are, if deobligated, hereby
continued available for the same period as the respective
appropriations under such headings or until September 30, 1996,
whichever is later, and for the same general purpose, and for countries
within the same region as originally obligated: Provided, That the
Appropriations Committees of both Houses of the Congress are notified
fifteen days in advance of the deobligation and reobligation of such
funds in accordance with regular notification procedures of the
Committees on Appropriations.
(b) Obligated balances of funds appropriated to carry out section
23 of the Arms Export Control Act as of the end of the fiscal year
immediately preceding the current fiscal year are, if deobligated,
hereby continued available during the current fiscal year for the same
purpose under any authority applicable to such appropriations under
this Act: Provided, That the authority of this subsection may not be
used in fiscal year 1996.
AVAILABILITY OF FUNDS
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8 and 11 of part I,
section 667, and chapter 4 of part II of the Foreign Assistance Act of
1961, as amended, and funds provided under the heading ``Assistance for
Eastern Europe and the Baltic States'', shall remain available until
expended if such funds are initially obligated before the expiration of
their respective periods of availability contained in this Act:
Provided further, That, notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of 1961 which
are allocated or obligated for cash disbursements in order to address
balance of payments or economic policy reform objectives, shall remain
available until expended: Provided further, That the report required by
section 653(a) of the Foreign Assistance Act of 1961 shall designate
for each country, to the extent known at the time of submission of such
report, those funds allocated for cash disbursement for balance of
payment and economic policy reform purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
Sec. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to any country which is in default during
a period in excess of one calendar year in payment to the United States
of principal or interest on any loan made to such country by the United
States pursuant to a program for which funds are appropriated under
this Act: Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made available in this
Act or during the current fiscal year for Nicaragua, and for any
narcotics-related assistance for Colombia, Bolivia, and Peru authorized
by the Foreign Assistance Act of 1961 or the Arms Export Control Act.
COMMERCE AND TRADE
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if
the assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury to
United States producers of the same, similar, or competing commodity,
and the Chairman of the Board so notifies the Committees on
Appropriations.
(b) None of the funds appropriated by this or any other Act to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961
shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact
in the export of agricultural commodities of the United States; or
(2) research activities intended primarily to benefit American
producers.
SURPLUS COMMODITIES
Sec. 514. The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank,
the European Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the voice and
vote of the United States to oppose any assistance by these
institutions, using funds appropriated or made available pursuant to
this Act, for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same,
similar, or competing commodity.
NOTIFICATION REQUIREMENTS
Sec. 515. For the purposes of providing the Executive Branch with
the necessary administrative flexibility, none of the funds made
available under this Act for ``Development Assistance'',
``International organizations and programs'', ``Trade and Development
Agency'', ``International narcotics control'', ``Assistance for Eastern
Europe and the Baltic States'', ``Assistance for the New Independent
States of the Former Soviet Union'', ``Economic Support Fund'',
``Peacekeeping operations'', ``Operating expenses of the Agency for
International Development'', ``Operating expenses of the Agency for
International Development Office of Inspector General'',
``Nonproliferation 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'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Appropriations Committees for obligation under any of these specific
headings unless the Appropriations Committees of both Houses of
Congress are previously notified fifteen days in advance: Provided,
That the President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms Export Control
Act for the provision of major defense equipment, other than
conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified
to Congress or 20 per centum in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified fifteen
days in advance of such commitment: Provided further, That this section
shall not apply to any reprogramming for an activity, program, or
project under chapter 1 of part I of the Foreign Assistance Act of 1961
of less than 10 per centum of the amount previously justified to the
Congress for obligation for such activity, program, or project for the
current fiscal year: Provided further, That the requirements of this
section or any similar provision of this Act or any prior Act requiring
notification in accordance with the regular notification procedures of
the Committees on Appropriations may be waived if failure to do so
would pose a substantial risk to human health or welfare: Provided
further, That in case of any such waiver, notification to the Congress,
or the appropriate congressional committees, shall be provided as early
as practicable, but in no event later than three days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on availability of funds for international organizations
and programs
Sec. 516. Notwithstanding any other provision of law or of this
Act, none of the funds provided for ``International Organizations and
Programs'' shall be available for the United States proportionate
share, in accordance with section 307(c) of the Foreign Assistance Act
of 1961, for any programs identified in section 307, or for Libya,
Iran, or, at the discretion of the President, Communist countries
listed in section 620(f) of the Foreign Assistance Act of 1961, as
amended: Provided, That, subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated under this Act
or any previously enacted Act making appropriations for foreign
operations, export financing, and related programs, which are returned
or not made available for organizations and programs because of the
implementation of this section or any similar provision of law, shall
remain available for obligation through September 30, 1997.
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL
Sec. 517. The Congress finds that progress on the peace process in
the Middle East is vitally important to United States security
interests in the region. The Congress recognizes that, in fulfilling
its obligations under the Treaty of Peace Between the Arab Republic of
Egypt and the State of Israel, done at Washington on March 26, 1979,
Israel incurred severe economic burdens. Furthermore, the Congress
recognizes that an economically and militarily secure Israel serves the
security interests of the United States, for a secure Israel is an
Israel which has the incentive and confidence to continue pursuing the
peace process. Therefore, the Congress declares that, subject to the
availability of appropriations, it is the policy and the intention of
the United States that the funds provided in annual appropriations for
the Economic Support Fund which are allocated to Israel shall not be
less than the annual debt repayment (interest and principal) from
Israel to the United States Government in recognition that such a
principle serves United States interests in the region.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 518. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations: Provided, That none of the
funds made available under this Act may be used to lobby for or against
abortion.
authorization of population planning
Sec. 518A. Notwithstanding section 526 of this Act, none of the
funds made available in this Act for population planning activities or
other population assistance pursuant to section 104(b) of the Foreign
Assistance Act or any other provision of law, or funds made available
in title IV of this Act as a contribution to the United Nations
Population Fund (UNFPA) may be obligated or expended prior to July 1,
1996, unless such funding is expressly authorized by law: Provided,
That if such funds are not authorized by law prior to July 1, 1996,
funds appropriated in title II of this Act for population planning
activities or other population assistance may be made available for
obligation and expenditure in an amount not to exceed 65 percent of the
total amount appropriated or otherwise made available by Public Law
103-306 and Public Law 104-19 for such activities for fiscal year 1995,
and funds appropriated in title IV of this Act as a contribution to the
United Nations Population Fund (UNFPA) may be made available for
obligation and expenditure in an amount not to exceed 65 percent of the
total amount appropriated or otherwise made available by Public Law
103-306 and Public Law 104-19 for a contribution to UNFPA for fiscal
year 1995: Provided further, That, pursuant to the previous proviso,
such funds may be apportioned only on a monthly basis, beginning July
1, 1996 and ending September 30, 1997, and such monthly apportionments
may not exceed 6.67 percent of the total available for such activities:
Provided further, That notwithstanding any other provision of this Act,
funds appropriated by this Act for the United Nations Population Fund
(UNFPA) shall remain available for obligation until September 30, 1997.
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, Liberia, Nicaragua, Pakistan, 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 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 notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956.
OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES BY INTERNATIONAL
FINANCIAL INSTITUTIONS
Sec. 527. (a) Instructions for United States Executive Directors.--
The Secretary of the Treasury shall instruct the United States
Executive Director of each international financial institution
designated in subsection (b), and the Administrator of the Agency for
International Development shall instruct the United States Executive
Director of the International Fund for Agriculture Development, to use
the voice and vote of the United States to oppose any loan or other use
of the funds of the respective institution to or for a country for
which the Secretary of State has made a determination under section
6(j) of the Export Administration Act of 1979.
(b) Definition.--For purposes of this section, the term
``international financial institution'' includes--
(1) the International Bank for Reconstruction and Development,
the International Development Association, and the International
Monetary Fund; and
(2) wherever applicable, the Inter-American Development Bank,
the Asian Development Bank, the African Development Bank, the
African Development Fund, and the European Bank for Reconstruction
and Development.
Prohibition on Bilateral Assistance to Terrorist Countries
Sec. 527A. (a) Notwithstanding any other provision of law, funds
appropriated for bilateral assistance under any heading of this Act and
funds appropriated under any such heading in a provision of law enacted
prior to enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism, or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least fifteen days before
the waiver takes effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the Committees
on Appropriations.
commercial leasing of defense articles
Sec. 528. Notwithstanding any other provision of law, and subject
to the regular notification requirements of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt and NATO
and major non-NATO allies for the procurement by leasing (including
leasing with an option to purchase) of defense articles from United
States commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having possible
civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.
competitive insurance
Sec. 528A. All Agency for International Development contracts and
solicitations, and subcontracts entered into under such contracts,
shall include a clause requiring that United States insurance companies
have a fair opportunity to bid for insurance when such insurance is
necessary or appropriate.
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.
competitive pricing for sales of defense articles
Sec. 531A. (a) Costing Basis.--Section 22 of the Arms Export
Control Act (22 U.S.C. 2762) is amended by adding at the end the
following:
``(d) Competitive Pricing.--Procurement contracts made in
implementation of sales under this section for defense articles and
defense services wholly paid for from funds made available on a
nonrepayable basis shall be priced on the same costing basis with
regard to profit, overhead, independent research and development, bid
and proposal, and other costing elements, as is applicable to
procurements of like items purchased by the Department of Defense for
its own use.''.
(b) Effective Date and Implementing Regulations.--Section 22(d) of
the Arms Export Control Act, as added by subsection (a)--
(1) shall take effect on the 60th day following the date of the
enactment of this Act;
(2) shall be applicable only to contracts made in
implementation of sales made after such effective date; and
(3) shall be implemented by revised procurement regulations,
which shall be issued prior to such effective date.
(c) Direct Costs Allowable.--Direct costs associated with meeting a
foreign customer's additional or unique requirements will continue to
be allowable under such contracts. Loadings applicable to such direct
costs shall be permitted at the same rates applicable to procurement of
like items purchased by the Department of Defense for its own use.
stockpiles of defense articles
Sec. 531B. (a) Limitation on Value of Additions.--Section 514(b)(1)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(1)) is
amended by inserting ``or in the implementation of agreements with
Israel'' after ``North Atlantic Treaty Organization''.
(b) Additions in Fiscal Years 1996 and 1997.--Section 514(b)(2) of
such Act (22 U.S.C. 2321h(b)(2)) is amended to read as follows:
``(2)(A) The value of such additions to stockpiles of defense
articles in foreign countries shall not exceed $50,000,000 for each of
the fiscal years 1996 and 1997.
``(B) Of the amount specified in subparagraph (A) for each of the
fiscal years 1996 and 1997, not more than $40,000,000 may be made
available for stockpiles in the Republic of Korea and not more than
$10,000,000 may be made available for stockpiles in Thailand.''.
(c) Location of Stockpiles of Defense Authorities.--Section 514(c)
of such Act (22 U.S.C. 2321h(c)) is amended to read as follows:
``(c) Location of Stockpiles of Defense Articles.--
``(1) Limitation.--Except as provided in paragraph (2), no
stockpile of defense articles may be located outside the boundaries
of a United States military base or a military base used primarily
by the United States.
``(2) Exceptions.--Paragraph (1) shall not apply with respect
to stockpiles of defense articles located in the Republic of Korea,
Thailand, any country that is a member of the North Atlantic Treaty
Organization, any country that is a major non-NATO ally, or any
other country the President may designate. At least 15 days before
designating a country pursuant to the last clause of the preceding
sentence, the President shall notify the congressional committees
specified in section 634A(a) in accordance with the procedures
applicable to reprogramming notifications under that section.''.
separate accounts
Sec. 532. (a) Separate Accounts for Local Currencies.--(1) If
assistance is furnished to the government of a foreign country under
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 under agreements which result in the generation
of local currencies of that country, the Administrator of the Agency
for International Development shall--
(A) require that local currencies be deposited in a separate
account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated, and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development and
that government to monitor and account for deposits into and
disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local
currencies, shall be used only--
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities, or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United States
Government.
(3) Programming Accountability.--The Agency for International
Development shall take all appropriate steps to ensure that the
equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of Assistance Programs.--Upon termination of
assistance to a country under chapters 1 or 10 of part I or chapter 4
of part II (as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Conforming Amendments.--The provisions of this subsection shall
supersede the tenth and eleventh provisos contained under the heading
``Sub-Saharan Africa, Development Assistance'' as included in the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 and sections 531(d) and 609 of the Foreign
Assistance Act of 1961.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is
made available to the government of a foreign country, under chapters 1
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the
Committee of Conference accompanying House Joint Resolution 648 (H.
Report No. 98-1159).
(3) Notification.--At least fifteen days prior to obligating any
such cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of
the Committees on Appropriations, which shall include a detailed
description of how the funds proposed to be made available will be
used, with a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the
notification procedures of the Committees on Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 533. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code,
or while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
Compliance With United Nations Sanctions Against Iraq
Sec. 534. (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 $100,000,000 in fiscal year 1996:
Provided, That the President certifies in a timely fashion to the
Congress that the transfer of such articles would assist that nation in
self-defense and thereby promote the security and stability of the
region.
(c) Within 60 days of any transfer under the authority provided in
subsection (b), and every 60 days thereafter, the President shall
report in writing to the Speaker of the House of Representatives and
the President pro tempore of the Senate concerning the articles
transferred and the disposition thereof.
(d) There are authorized to be appropriated to the President such
sums as may be necessary to reimburse the applicable appropriation,
fund, or account for defense articles provided under this section.
RESTRICTIONS ON THE TERMINATION OF SANCTIONS AGAINST SERBIA AND
MONTENEGRO
Sec. 540A. (a) Restrictions.--Notwithstanding any other provision
of law, no sanction, prohibition, or requirement described in section
1511 of the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160), with respect to Serbia or Montenegro, may cease
to be effective, unless--
(1) the President first submits to the Congress a certification
described in subsection (b); and
(2) the requirements of section 1511 of that Act are met.
(b) Certification.--A certification described in this subsection is
a certification that--
(1) there is substantial progress toward--
(A) the realization of a separate identity for Kosova and
the right of the people of Kosova to govern themselves; or
(B) the creation of an international protectorate for
Kosova;
(2) there is substantial improvement in the human rights
situation in Kosova;
(3) international human rights observers are allowed to return
to Kosova; and
(4) the elected government of Kosova is permitted to meet and
carry out its legitimate mandate as elected representatives of the
people of Kosova.
(c) Waiver Authority.--The President may waive the application in
whole or in part, of subsection (a) if the President certifies to the
Congress that the President has determined that the waiver is necessary
to meet emergency humanitarian needs or to achieve a negotiated
settlement of the conflict in Bosnia-Herzegovina that is acceptable to
the parties.
(d) Expanded Authority.--Section 660(b) of the Foreign Assistance
Act of 1961 is amended--
(1) in paragraph (3), by striking ``or'';
(2) in paragraph (4), by striking the period at the end thereof
and inserting ``; or'';
(3) adding the following new paragraphs:
``(5) with respect to assistance, including training, relating
to sanctions monitoring and enforcement;
``(6) with respect to assistance provided to reconstitute
civilian police authority and capability in the post-conflict
restoration of host nation infrastructure for the purposes of
supporting a nation emerging from instability, and the provision of
professional public safety training, to include training in
internationally recognized standards of human rights, the rule of
law, anti-corruption, and the promotion of civilian police roles
that support democracy.''.
special authorities
Sec. 541. (a) Funds appropriated in title II of this Act that are
made available for 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, or
to the military of any country which the President determines is not
taking steps to prevent a pattern or practice of commercial relations
between its members and the Khmer Rouge.
(b) Funds appropriated by this Act to carry out the provisions of
sections 103 through 106 of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and energy programs aimed at reducing
emissions of greenhouse gases, and for the purpose of supporting
biodiversity conservation activities: Provided, That such assistance
shall be subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) During fiscal year 1996, the President may use up to
$40,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding the funding ceiling contained
in subsection (a) of that section.
(d) The Agency for International Development may employ personal
services contractors, notwithstanding any other provision of law, for
the purpose of administering programs for the West Bank and Gaza.
policy on terminating the arab league boycott of israel
Sec. 542. It is the sense of the Congress that--
(1) the Arab League countries should immediately and publicly
renounce the primary boycott of Israel and the secondary and
tertiary boycott of American firms that have commercial ties with
Israel; and
(2) the President should--
(A) take more concrete steps to encourage vigorously Arab
League countries to renounce publicly the primary boycotts of
Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel as a
confidence-building measure;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and the
secondary and tertiary boycotts of American firms that have
commercial relations with Israel when determining whether to
sell weapons to said country;
(C) report to Congress on the specific steps being taken by
the President to bring about a public renunciation of the Arab
primary boycott of Israel and the secondary and tertiary
boycotts of American firms that have commercial relations with
Israel; and
(D) encourage the allies and trading partners of the United
States to enact laws prohibiting businesses from complying with
the boycott and penalizing businesses that do comply.
ANTI-NARCOTICS ACTIVITIES
Sec. 543. (a) Of the funds appropriated 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.
earmarks
Sec. 544A. (a) Funds appropriated by this Act which are earmarked
may be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark is made
impossible by operation of any provision of this or any other Act or,
with respect to a country with which the United States has an agreement
providing the United States with base rights or base access in that
country, if the President determines that the recipient for which funds
are earmarked has significantly reduced its military or economic
cooperation with the United States since enactment of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1991; however, before exercising the authority of this subsection with
regard to a base rights or base access country which has significantly
reduced its military or economic cooperation with the United States,
the President shall consult with, and shall provide a written policy
justification to the Committees on Appropriations: Provided, That any
such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the Agency for International Development that are
earmarked for particular programs or activities by this or any other
Act shall be extended for an additional fiscal year if the
Administrator of such agency determines and reports promptly to the
Committees on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it unlikely that
such earmarked funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such earmark.
CEILINGS AND EARMARKS
Sec. 545. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically so
directs.
EXCESS DEFENSE ARTICLES
Sec. 546. (a) The authority of section 519 of the Foreign
Assistance Act of 1961, as amended, may be used in fiscal year 1996 to
provide nonlethal excess defense articles to countries for which United
States foreign assistance has been requested and for which receipt of
such articles was separately justified for the fiscal year, without
regard to the restrictions in subsection (a) of section 519.
(b) The authority of section 516 of the Foreign Assistance Act of
1961, as amended, may be used in fiscal year 1996 to provide defense
articles to Jordan, Estonia, Latvia, and Lithuania.
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 not to exceed $750,000 may be made available
to carry out the provisions of section 316 of Public Law 96-533.
USE OF AMERICAN RESOURCES
Sec. 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: Provided, That section
1365(c) of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 22 U.S.C., 2778 note) is amended by striking out
``During the four-year period beginning on October 23, 1992'' and
inserting in lieu thereof ``During the five-year period beginning on
October 23, 1992''.
clarification of restrictions
Sec. 559. (a) In General.--Section 620E of the Foreign Assistance
Act of 1961 (22 U.S.C. 2375) is amended--
(1) in subsection (e)--
(A) by striking the words ``No assistance'' and inserting
the words ``No military assistance'';
(B) by striking the words ``in which assistance is to be
furnished or military equipment or technology'' and inserting
the words ``in which military assistance is to be furnished or
military equipment or technology'';
(C) by striking the words ``the proposed United States
assistance'' and inserting the words ``the proposed United
States military assistance'';
(D) by inserting ``(1)'' immediately after ``(e)''; and
(E) by adding the following new paragraphs:
``(2) The prohibitions in this section do not apply to any
assistance or transfer provided for the purposes of:
``(A) International narcotics control (including chapter 8
of part I of this Act) or any provision of law available for
providing assistance for counternarcotics purposes.
``(B) Facilitating military-to-military contact, training
(including chapter 5 of part II of this Act) and humanitarian
and civic assistance projects.
``(C) Peacekeeping and other multilateral operations
(including chapter 6 of part II of this Act relating to
peacekeeping) or any provision of law available for providing
assistance for peacekeeping purposes, except that lethal
military equipment provided under this subparagraph shall be
provided on a lease or loan basis only and shall be returned
upon completion of the operation for which it was provided.
``(D) Antiterrorism assistance (including chapter 8 of part
II of this Act relating to antiterrorism assistance) or any
provision of law available for antiterrorism assistance
purposes.
``(3) The restrictions of this subsection shall continue to
apply to contracts for the delivery of F-16 aircraft to Pakistan.
``(4) Notwithstanding the restrictions contained in this
subsection, military equipment, technology, or defense services,
other than F-16 aircraft, may be transferred to Pakistan pursuant
to contracts or cases entered into before October 1, 1990.''; and
(2) by adding at the end the following new subsections:
``(f) Storage Costs.--The President may release the Government of
Pakistan of its contractual obligation to pay the United States
Government for the storage costs of items purchased prior to October 1,
1990, but not delivered by the United States Government pursuant to
subsection (e) and may reimburse the Government of Pakistan for any
such amount paid, on such terms and conditions as the President may
prescribe: Provided, That such payments have no budgetary impact.
``(g) Inapplicability of Restrictions to Previously Owned Items.--
Section 620E(e) does not apply to broken, worn or unupgraded items or
their equivalent which Pakistan paid for and took possession of prior
to October 1, 1990 and which the Government of Pakistan sent to the
United States for repair or upgrade. Such equipment or its equivalent
may be returned to the Government of Pakistan: Provided, That the
President determines and so certifies to the appropriate congressional
committees that such equipment or equivalent neither constitutes nor
has received any significant qualitative upgrade since being
transferred to the United States and that its total value does not
exceed $25,000,000.
``(h) Ballistic Missile Sanctions Not Affected.--Nothing contained
herein shall affect sanctions for transfers of missile equipment or
technology required under section 11B of the Export Administration Act
of 1979 or section 73 of the Arms Export Control Act.''.
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 restriction shall not apply to the
acquisition of additional space for the existing Consulate General in
Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided for
in the Israel-PLO Declaration of Principles, for the purpose of
conducting official United States Government business with such
authority should continue to take place in locations other than
Jerusalem. As has been true in the past, officers and employees of the
United States Government may continue to meet in Jerusalem on other
subjects with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have incidental
discussions.
prohibition of payment of certain expenses
Sec. 561. None of the funds appropriated or otherwise made
available by this Act under the heading ``international military
education and training'' or ``foreign military financing program'' for
Informational Program activities may be obligated or expended to pay
for--
(1) alcoholic beverages;
(2) food (other than food provided at a military installation)
not provided in conjunction with Informational Program trips where
students do not stay at a military installation; or
(3) entertainment expenses for activities that are
substantially of a recreational character, including entrance fees
at sporting events and amusement parks.
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.--Funds may be made available with regard to the
restriction in subsection (a) if the President determines that to do so
is in the national security interest of the United States.
withholding of assistance to countries supporting nuclear plant in
cuba
Sec. 563. (a) Withholding.--The President shall withhold from
assistance made available with funds appropriated or made available
pursuant to this Act an amount equal to the sum of assistance and
credits, if any, provided on or after the date of the enactment of this
Act by that country, or any entity in that country, in support of the
completion of the Cuban nuclear facility at Juragua, near Cienfuegos,
Cuba.
(b) Exceptions.--The requirement of subsection (a) to withhold
assistance shall not apply with respect to--
(1) assistance to meet urgent humanitarian needs including
disaster and refugee relief;
(2) democratic political reform and rule of law activities;
(3) the creation of private sector and nongovernmental
organizations that are independent of government control;
(4) the development of a free market economic system; and
(5) assistance for the purposes described in the Cooperative
Threat Reduction Act of 1993 (title XII of Public Law 103-160).
limitation on funds for haiti
Sec. 564. Effective March 1, 1996, none of the funds appropriated
in this Act may be made available to the Government of Haiti when it is
made known to the President that such Government is controlled by a
regime holding power through means other than the democratic elections
scheduled for calendar year 1995 and held in substantial compliance
with the requirements of the 1987 Constitution of Haiti.
purchase of american-made equipment and products
Sec. 565. (a) Sense of Congress.--It is the sense of the Congress
that, to the greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be American-
made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
limitation on assistance to turkey
Sec. 566. Not more than $33,500,000 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. 566A. None of the funds appropriated in this Act under the
heading ``North American Development Bank'' and made available for the
Community Adjustment and Investment Program shall be used for purposes
other than those set out in the binational agreement establishing the
Bank.
limitation on funds for burma
Sec. 567. 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.
asian development bank
Sec. 568. The Secretary of the Treasury may, to fulfill commitments
of the United States, subscribe to and make payments for shares of the
Asian Development Bank in connection with the fourth general capital
increase of the Bank. The amount authorized to be appropriated for
paid-in shares of the Bank is limited to $66,614,647; the amount
authorized to be appropriated for payment for callable shares of the
Bank is limited to $3,264,178,021. The amount to be paid in respect of
each subscription is authorized to be appropriated without fiscal year
limitation. Any subscription by the United States to the capital stock
of the Bank shall be effective only to such extent or in such amounts
as are provided in advance in appropriations Acts.
international development association
Sec. 569. In order to pay for the United States contribution to the
tenth replenishment of the resources of the International Development
Association authorized in section 526 of Public Law 103-87, there is
authorized to be appropriated, without fiscal year limitation,
$700,000,000 for payment by the Secretary of the Treasury.
special debt relief for the poorest
Sec. 570. (a) Authority To Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the Foreign
Assistance Act of 1961; or
(2) credits extended or guarantees issued under the Arms Export
Control Act.
(b) Limitations.--
(1) The authority provided by subsection (a) may be exercised
only to implement multilateral official debt relief and referendum
agreements, commonly referred to as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be exercised
only in such amounts or to such extent as is provided in advance by
appropriations Acts.
(3) The authority provided by subsection (a) may be exercised
only with respect to countries with heavy debt burdens that are
eligible to borrow from the International Development Association,
but not from the International Bank for Reconstruction and
Development, commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does not
engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the application
of section 527 of the Foreign Relations Authorization Act, fiscal
years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act
under the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
purposes of any provision of law limiting assistance to a country. The
authority provided by subsection (a) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961.
authority to engage in debt buybacks or sales
Sec. 571. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may, in
accordance with this section, sell to any eligible purchaser any
concessional loan or portion thereof made before January 1, 1995,
pursuant to the Foreign Assistance Act of 1961, to the government
of any eligible country as defined in section 702(6) of that Act or
on receipt of payment from an eligible purchaser, reduce or cancel
such loan or portion thereof, only for the purpose of
facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an additional
amount of the local currency of the eligible country, equal to
not less than 40 percent of the price paid or such debt by such
eligible country, or the difference between the price paid for
such debt and the face value of such debt, to support
activities that link conservation and sustainable use of
natural resources with local community development, and child
survival and other child development, in a manner consistent
with section 707 through 710 of the Foreign Assistance Act of
1961, if the sale, reduction, or cancellation would not
contravene any term or condition of any prior agreement
relating to such loan.
(2) Terms and conditions.--Notwithstanding any other provision
of law, the President shall, in accordance with this section,
establish the terms and conditions under which loans may be sold,
reduced, or canceled pursuant to this section.
(3) Administration.--The Facility, as defined in section 702(8)
of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for administering
part I of the Foreign Assistance Act of 1961 of purchasers that the
President has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or cancellation of a loan
pursuant to this section. Such agency shall make an adjustment in
its accounts to reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined in section 502 of the Congressional
Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President shall consult
with the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act
under the heading ``Debt Restructuring''.
drawdown authority for jordan
Sec. 572. During fiscal year 1996, the President may direct, for
the purposes of part II of the Foreign Assistance Act of 1961, the
drawdown for Jordan of defense articles from the stocks of the
Department of Defense, defense services of the Department of Defense,
and military education and training of up to an aggregate of
$100,000,000: Provided, That--
(a) within six months of the last drawdown under subsection
(a), the President shall submit a report to the Committee on
Appropriations identifying the articles, services, training or
education provided;
(b) section 506(c) of the Foreign Assistance Act of 1961 shall
apply to the drawdown authority in this section; and
(c) section 632(d) of the Foreign Assistance Act of 1961 shall
not apply with respect to drawdowns under this section.
liberia
Sec. 573. (a) Public Law 102-270 is amended--
(1) in subsection (b) by striking ``Notwithstanding section
620(q) of the Foreign Assistance Act of 1961 or any other similar
provision, the'' and inserting ``The''; and
(2) in subsection (b)(2) by striking ``to implement the
Yamoussoukro peace accord''.
(b) Funds appropriated by this Act may be made available for
assistance for Liberia notwithstanding section 620(q) of the Foreign
Assistance Act of 1961 and section 512 of this Act.
annual report on economic and social growth
Sec. 574. (a) Reporting Requirement.--The President shall submit to
the appropriate congressional committees an annual report providing a
concise overview of the prospects for economic and social growth on a
broad, equitable, and sustainable basis in the countries receiving
economic assistance under title II of this Act. For each country, the
report shall discuss the laws, policies and practices of that country
that most contribute to or detract from the achievement of this kind of
growth. The report should address relevant macroeconomic,
microeconomic, social, legal, environmental, and political factors and
include criteria regarding wage and price controls, State ownership of
production and distribution, State control of financial institutions,
trade and foreign investment, capital and profit repatriation, tax and
private property protections and a country's commitment to stimulate
education, health and human development.
(b) Countries.--The countries referred to in subsection (a) are
countries--
(1) for which in excess of $5,000,000 has been obligated during
the previous fiscal year for assistance under sections 103 through
106, chapters 10 and 11 of part I, and chapter 4 of part II of the
Foreign Assistance of 1961, and under the Support for East European
Democracy Act of 1989; or
(2) for which in excess of $1,000,000 has been obligated during
the previous fiscal year by the Overseas Private Investment
Corporation.
(c) Consultation.--The Secretary of State shall submit the report
required by subsection (a) in consultation with the Secretary of the
Treasury, the Administrator of the Agency for International
Development, and the President of the Overseas Private Investment
Corporation. The report shall be submitted with the annual
congressional presentation for appropriations.
Sec. 575. To the maximum extent possible, the funds provided by
this Act shall be used to provide surveying and mapping related
services through contracts entered into through competitive bidding to
qualified United States contractors.
reports regarding hong kong
Sec. 576. (a) Section 301 of the United States-Hong Kong Policy Act
of 1992 (22 U.S.C. 5731) is amended in the text above paragraph (1) by
inserting ``March 31, 1996,'' after ``March 31, 1995,''.
(b) In light of the deficiencies in reports submitted to the
Congress pursuant to section 301 of the United States-Hong Kong Policy
Act (22 U.S.C. 5731), the Congress directs that the additional report
required to be submitted under such section by subsection (a) of this
section include detailed information on the status of, and other
developments affecting, implementation of the Sino-British Joint
Declaration on the Question of Hong Kong, including--
(1) the Basic Law and its consistency with the Joint
Declaration;
(2) the openness and fairness of elections to the
legislature;
(3) the openness and fairness of the election of the chief
executive and the executive's accountability to the
legislature;
(4) the treatment of political parties;
(5) the independence of the judiciary and its ability to
exercise the power of final judgment over Hong Kong law; and
(6) the Bill of Rights.
Sec. 577. Notwithstanding any other provision of this Act,
$20,000,000 of the funds made available under the headings
``Development Assistance'' and/or ``Economic Support Fund'' may be
transferred to, and merged with, the appropriations account entitled
``International Narcotics Control'' and may be available for the same
purposes for which funds in such account are available.
guatemala
Sec. 578. (a) Funds provided in this Act may be made available for
the Guatemalan military or security forces, and the restrictions on
Guatemala under the headings ``International Military Education and
Training'' and ``Foreign Military Financing Program'' shall not apply,
only if the President determines and certifies to the Congress that the
Guatemalan military is cooperating with efforts to resolve human rights
abuses which elements of the Guatemalan military or security forces are
alleged to have committed, ordered or attempted to thwart the
investigation of.
(b) The prohibition contained in subsection (a) shall not apply to
funds made available to implement a cease-fire or peace agreement.
(c) Any funds made available pursuant to subsections (a) or (b)
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(d) Any funds made available pursuant to subsections (a) and (b)
for international military education and training may only be for
expanded international military education and training.
extension of tied aid credit program
Sec. 579. (a) Section 10(c)(2) of the Export-Import Bank Act of
1945 (12 U.S.C. 635i-3(c)(2) is amended by striking ``1995'' and
inserting ``1997''.
(b) Section 10(e) of the Export-Import Bank Act of 1945 (12 U.S.C.
635i-3(e)) is amended by striking ``1993, 1994, and 1995'' and
inserting ``1996 and 1997''.
moratorium on use of antipersonnel landmines
Sec. 580. (a) United States Moratorium.--For a period of one year
beginning three years after the date of enactment of this Act, the
United States shall not use antipersonnel landmines except along
internationally recognized national borders or in demilitarized zones
within a perimeter marked area that is monitored by military personnel
and protected by adequate means to ensure the exclusion of civilians.
(b) Definition and Exemptions.--For the purposes of this section:
(1) Antipersonnel landmine.--The term ``antipersonnel
landmine'' means any munition placed under, on, or near the ground
or other surface area, delivered by artillery, rocket, mortar, or
similar means, or dropped from an aircraft and which is designed,
constructed or adapted to be detonated or exploded by the presence,
proximity, or contact of a person.
(2) Exemptions.--The term ``antipersonnel landmine'' does not
include command detonated Claymore munitions.
extension of au pair programs
Sec. 581. Section 8 of the Eisenhower Exchange Fellowship Act of
1990 is amended in the last sentence by striking ``fiscal year 1995''
and inserting ``fiscal year 1996''.
sanctions against countries harboring war criminals
Sec. 582. (a) Bilateral Assistance.--Funds appropriated by this Act
under the Foreign Assistance Act of 1961 or the Arms Export Control Act
may not be provided for any country described in subsection (c).
(b) Multilateral Assistance.--The Secretary of the Treasury shall
instruct the United States executive directors of the international
financial institutions to work in opposition to, and vote against, any
extension by such institutions of financing or financial or technical
assistance to any country described in subsection (c).
(c) Sanctioned Countries.--A country described in this subsection
is a country the government of which knowingly grants sanctuary to
persons in its territory for the purpose of evading prosecution, where
such persons--
(1) have been indicted by the International Criminal Tribunal
for the former Yugoslavia, the International Criminal Tribunal for
Rwanda, or any other international tribunal with similar standing
under international law, or
(2) have been indicted for war crimes or crimes against
humanity committed during the period beginning March 23, 1933 and
ending on May 8, 1945 under the direction of, or in association
with--
(A) the Nazi government of Germany;
(B) any government in any area occupied by the military
forces of the Nazi government of Germany;
(C) any government which was established with the
assistance or cooperation of the Nazi government; or
(D) any government which was an ally of the Nazi government
of Germany.
LIMITATION ON ASSISTANCE FOR HAITI
Sec. 583. (a) Limitation.--None of the funds appropriated or
otherwise made available by this Act, may be provided to the Government
of Haiti until the President reports to Congress that--
(1) the Government is conducting thorough investigations of
extrajudicial and political killings; and
(2) the Government is cooperating with United States
authorities in the investigations of political and extrajudicial
killings.
(b) Nothing in this section shall be construed to restrict the
provision of humanitarian or electoral assistance.
(c) The President may waive the requirements of this section if he
determines and certifies to the appropriate committees of Congress that
it is in the national interest of the United States or necessary to
assure the safe and timely withdrawal of American forces from Haiti.
limitation on funds to the territory of the bosniac-croat federation.
Sec. 584. Funds appropriated by this Act for activities in the
internationally-recognized borders of Bosnia and Herzegovina (other
than refugee and disaster assistance and assistance for restoration of
infrastructure, to include power grids, water supplies and natural gas)
may only be made available for activities in the territory of the
Bosniac-Croat Federation.
NATO PARTICIPATION
Sec. 585. Revisions to Program To Facilitate Transition to NATO
Membership.--
(a) Eligible Countries.--Subsection (d) of section 203 of the NATO
Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C.
1928 note) is amended to read as follows:
``(d) Designation of Eligible Countries.--
``(1) Initial presidential review and designation.--Within 60
days of the enactment of the NATO Participation Act Amendments of
1995, the President should evaluate the degree to which any country
emerging from communist domination which has expressed its interest
in joining NATO meets the criteria set forth in paragraph (3), and
may designate one or more of these countries as eligible to receive
assistance under the program established under subsection (a). The
President shall, at the time of designation of any country pursuant
to this paragraph, determine and report to the Committees on
International Relations and Appropriations of the House of
Representatives and the Committees on Foreign Relations and
Appropriations of the Senate with respect to each country so
designated that such country meets the criteria set forth in
paragraph (3).
``(2) Other european countries emerging from communist
domination.--In addition to the countries designated pursuant to
paragraph (1), the President may at any time designate other
European countries emerging from communist domination as eligible
to receive assistance under the program established under
subsection (a). The President shall, at the time of designation of
any country pursuant to this paragraph, determine and report to the
Committees on International Relations and Appropriations of the
House of Representatives and the Committees on Foreign Relations
and Appropriations of the Senate with respect to each country so
designated that such country meets the criteria set forth in
paragraph (3).
``(3) Criteria.--The criteria referred to in paragraphs (1) and
(2) are, with respect to each country, that the country--
``(A) has made significant progress toward establishing--
``(i) shared values and interests;
``(ii) democratic governments;
``(iii) free market economies;
``(iv) civilian control of the military, of the police,
and of intelligence services, so that these organizations
do not pose a threat to democratic institutions,
neighboring countries, or the security of NATO or the
United States;
``(v) adherence to the rule of law and to the values,
principles, and political commitments set forth in the
Helsinki Final Act and other declarations by the members of
the Organization on Security and Cooperation in Europe;
``(vi) commitment to further the principles of NATO and
to contribute to the security of the North Atlantic area;
``(vii) commitment to protecting the rights of all
their citizens and respecting the territorial integrity of
their neighbors;
``(viii) commitment and ability to accept the
obligations, responsibilities, and costs of NATO
membership; and
``(ix) commitment and ability to implement
infrastructure development activities that will facilitate
participation in and support for NATO military activities;
``(B) is likely, within five years of such determination,
to be in a position to further the principles of the North
Atlantic Treaty and to contribute to the security of the North
Atlantic area; and
``(C) is not ineligible to receive assistance under section
552 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1996, with respect to transfers of
equipment to a country the government of which the Secretary of
State has determined is a terrorist government for purposes of
section 40(d) of the Arms Export Control Act.''.
(2) Conforming amendments.--
(A) Subsections (b) and (c) of section 203 of such Act are
amended by striking ``countries described in such subsection'' each
of the two places it appears and inserting ``countries designated
under subsection (d)''.
(B) Subsection (e) of section 203 of such Act is amended by
inserting ``(22 U.S.C. 2394-1), and shall include with such
notification a memorandum of justification with respect to the
proposed designation'' before the period at the end.
(b) Types of Assistance.--Section 203(c) of such Act is amended by
inserting after paragraph (4) the following new paragraphs:
``(5) Assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961 (relating to the Economic Support Fund).
``(6) Funds appropriated under the ``Nonproliferation and
Disarmament Fund'' account.
``(7) Assistance under chapter 6 of part II of the Foreign
Assistance Act of 1961 (relating to peacekeeping operations and
other programs).
``(8) Notwithstanding any other provision of law, including any
restrictions in sections 516 and 519 of the Foreign Assistance Act
of 1961, as amended, the President may direct the crating, packing,
handling, and transportation of excess defense articles provided
pursuant to paragraphs (1) and (2) of this subsection without
charge to the recipient of such articles.''.
(c) Effect on Other Authorities.--Section 203 of the NATO
Participation Act of 1994 (title II of Public Law 103-447, 22 U.S.C.
1928 note), is amended to add a new subsection (g) to read as follows:
``(g) Effect on Other Authorities.--Nothing in this Act shall
affect the eligibility of countries to participate under other
provisions of law in programs described in this Act.''.
(d) Annual Report.--Section 205 of the NATO Participation Act of
1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) is amended:
(1) by inserting ``ANNUAL'' in the section heading before the
first word;
(2) by inserting ``annual'' after ``include in the'' in the
matter preceding paragraph (1); and
(3) in paragraphs (1) and (2), by striking ``and other'' and
all that follows through the period at the end and in both
instances inserting in lieu thereof ``and any other country
designated by the President pursuant to section 203(d).''.
TITLE VI--MIDDLE EAST PEACE FACILITATION ACT OF 1995
short title
Sec. 601. This title may be cited as the ``Middle East Peace
Facilitation Act of 1995''.
findings
Sec. 602. The Congress finds that--
(1) the Palestine Liberation Organization (hereafter the
``P.L.O.'') has recognized the State of Israel's right to exist in
peace and security, accepted United Nations Security Council
Resolutions 242 and 338, committed itself to the peace process and
peaceful coexistence with Israel, free from violence and all other
acts which endanger peace and stability, and assumed responsibility
over all P.L.O. elements and personnel in order to assure their
compliance, prevent violations, and discipline violators;
(2) Israel has recognized the P.L.O. as the representative of
the Palestinian people;
(3) Israel and the P.L.O. signed a Declaration of Principles on
Interim Self-Government Arrangements (hereafter the ``Declaration
of Principles'') on September 13, 1993 at the White House;
(4) Israel and the P.L.O. signed an Agreement on the Gaza Strip
and the Jericho Area (hereafter the ``Gaza-Jericho Agreement'') on
May 4, 1994 which established a Palestinian Authority for the Gaza
and Jericho areas;
(5) Israel and the P.L.O. signed an Agreement on Preparatory
Transfer of Powers and Responsibilities (hereafter the ``Early
Empowerment Agreement'') on August 29, 1994 which provided for the
transfer to the Palestinian Authority of certain powers and
responsibilities in the West Bank outside of the Jericho Area;
(6) under the terms of the Israeli-Palestinian Interim
Agreement on the West Bank and Gaza (hereafter the ``Interim
Agreement) signed on September 28, 1995, the Declaration of
Principles, the Gaza-Jericho Agreement and the Early Empowerment
Agreement, the powers and responsibilities of the Palestinian
Authority are to be assumed by an elected Palestinian Council with
jurisdiction in the West Bank and Gaza Strip in accordance with the
Interim Agreement;
(7) permanent status negotiations relating to the West Bank and
Gaza Strip are scheduled to begin by May 1996;
(8) the Congress has, since the conclusion of the Declaration
of Principles and the P.L.O.'s renunciation of terrorism, provided
authorities to the President to suspend certain statutory
restrictions relating to the P.L.O., subject to Presidential
certifications that the P.L.O. has continued to abide by
commitments made in and in connection with or resulting from the
good faith implementation of, the Declaration of Principles;
(9) the P.L.O. commitments relevant to Presidential
certifications have included commitments to renounce and condemn
terrorism, to submit to the Palestinian National Council for former
approval the necessary changes to those articles of the Palestinian
Covenant which call for Israel's destruction, and to prevent acts
of terrorism and hostilities against Israel; and
(10) the United States is resolute in its determination to
ensure that in providing assistance to Palestinians living under
the jurisdiction of the Palestinian Authority or elsewhere, the
beneficiaries of such assistance shall be held to the same standard
of financial accountability and management control as any other
recipient of United States assistance.
sense of congress
Sec. 603. It is the sense of the Congress that the P.L.O. must do
far more to demonstrate an irrevocable denunciation of terrorism and
ensure a peaceful settlement of the Middle East dispute, and in
particular it must--
(1) submit to the Palestinian National Council for formal
approval the necessary changes to those articles of the Palestinian
National Covenant which call for Israel's destruction;
(2) make greater efforts to pre-empt acts of terror, discipline
violators and contribute to stemming the violence that has resulted
in the deaths of over 140 Israeli and United States citizens since
the signing of the Declaration of Principles;
(3) prohibit participation in its activities and in the
Palestinian Authority and its successors by any groups or
individuals which continue to promote and commit acts of terrorism;
(4) cease all anti-Israel rhetoric, which potentially
undermines the peace process;
(5) confiscate all unlicensed weapons;
(6) transfer and cooperate in transfer proceedings relating to
any person accused by Israel to acts of terrorism; and
(7) respect civil liberties, human rights and democratic norms.
authority to suspend certain provisions
Sec. 604. (a) In General.--Subject to subsection (b), beginning on
the date of enactment of this Act and for eighteen months thereafter,
the President may suspend for a period of not more than 6 months at a
time any provision of law specified in subsection (d). Any such
suspension shall cease to be effective after 6 months, or at such
earlier date as the President may specify.
(b) Conditions.--
(1) Consultations.--Prior to each exercise of the authority
provided in subsection (a) or certification pursuant to subsection
(c), the President shall consult with the relevant congressional
committees. The President may not exercise that authority or make
such certification until 30 days after a written policy
justification is submitted to the relevant congressional
committees.
(2) Presidential certification.--The President may exercise the
authority provided in subsection (a) only if the President
certifies to the relevant congressional committees each time he
exercises such authority that--
(A) it is in the national interest of the United States to
exercise such authority;
(B) the P.L.O., the Palestinian Authority, and successor
entities are complying with all the commitments described in
paragraph (4); and
(C) funds provided pursuant to the exercise of this
authority and the authorities under section 583(a) of Public
Law 103-236 and section 3(a) of Public Law 103-125 have been
used for the purposes for which they were intended.
(3) Requirement for continuing p.l.o. compliance.--
(A) The President shall ensure that P.L.O. performance is
continuously monitored and if the President at any time
determines that the P.L.O. has not continued to comply with all
the commitments described in paragraph (4), he shall so notify
the relevant congressional committees and any suspension under
subsection (a) of a provision of law specified in subsection
(d) shall cease to be effective.
(B) Beginning six months after the date of enactment of
this Act, if the President on the basis of the continuous
monitoring of the P.L.O.'s performance determines that the
P.L.O. is not complying with the requirements described in
subsection (c), he shall so notify the relevant congressional
committees and no assistance shall be provided pursuant to the
exercise by the President of the authority provided by
subsection (a) until such time as the President makes the
certification provided for in subsection (c).
(4) P.L.O. commitments described.--The commitments referred to
in paragraphs (2)(B) and (3)(A) are the commitments made by the
P.L.O.--
(A) in its letter of September 9, 1993, to the Prime
Minister of Israel; in its letter of September 9, 1993, to the
Foreign Minister of Norway to--
(i) recognize the right of the State of Israel to exist
in peace and security;
(ii) accept United Nations Security Council Resolutions
242 and 338;
(iii) renounce the use of terrorism and other acts of
violence;
(iv) assume responsibility over all P.L.O. elements and
personnel in order to assure their compliance, prevent
violations and discipline violators;
(v) call upon the Palestinian people in the West Bank
and Gaza Strip to take part in the steps leading to the
normalization of life, rejecting violence and terrorism,
and contributing to peace and stability; and
(vi) submit to the Palestine National Council for
formal approval the necessary changes to the Palestinian
National Covenant eliminating calls for Israel's
destruction, and
(B) in, and resulting from, the good faith implementation
of the Declaration of Principles, including good faith
implementation of subsequent agreements with Israel, with
particular attention to the objective of preventing terrorism,
as reflected in the provisions of the Interim Agreement
concerning--
(i) prevention of acts of terrorism and legal measures
against terrorists, including the arrest and prosecution of
individuals suspected of perpetrating acts of violence and
terror;
(ii) abstention from and prevention of incitement,
including hostile propaganda;
(iii) operation of armed forces other than the
Palestinian Police;
(iv) possession, manufacture, sale, acquisition or
importation of weapons;
(v) employment of police who have been convicted of
serious crimes or have been found to be actively involved
in terrorist activities subsequent to their employment;
(vi) transfers to Israel of individuals suspected of,
charged with, or convicted of an offense that falls within
Israeli criminal jurisdiction;
(vii) cooperation with the government of Israel in
criminal matters, including cooperation in the conduct of
investigations; and
(viii) exercise of powers and responsibilities under
the agreement with due regard to internationally accepted
norms and principles of human rights and the rule of law.
(5) Policy justification.--As part of the President's written
policy justification to be submitted to the relevant Congressional
Committees pursuant to paragraph (1), the President will report
on--
(A) the manner in which the P.L.O. has complied with the
commitments specified in paragraph (4), including responses to
individual acts of terrorism and violence, actions to
discipline perpetrators of terror and violence, and actions to
preempt acts of terror and violence;
(B) the extent to which the P.L.O. has fulfilled the
requirements specified in subsection (c);
(C) actions that the P.L.O. has taken with regard to the
Arab League boycott of Israel;
(D) the status and activities of the P.L.O. office in the
United States;
(E) all United States assistance which benefits, directly
or indirectly, the projects, programs, or activities of the
Palestinian Authority in Gaza, Jericho, or any other area it
may control, since September 13, 1993, including--
(i) the obligation and disbursal of such assistance, by
project, activity, and date, as well as by prime contractor
and all subcontractors;
(ii) the organizations or individuals responsible for
the receipt and obligation of such assistance;
(iii) the intended beneficiaries of such assistance;
and
(iv) the amount of international donor funds that
benefit the P.L.O. or the Palestinian Authority in Gaza,
Jericho, or any other area the P.L.O. or the Palestinian
Authority may control, and to which the United States is a
contributor; and
(F) statements by senior officials of the P.L.O., the
Palestinian Authority, and successor entities that question the
right of Israel to exist or urge armed conflict with or
terrorism against Israel or its citizens, including an
assessment of the degree to which such statements reflect
official policy of the P.L.O., the Palestinian Authority, or
successor entities.
(c) Requirement for Continued Provision of Assistance.--Six months
after the enactment of this Act, United States assistance shall not be
provided pursuant to the exercise by the President of the authority
provided by subsection (a), unless and until the President determines
and so certifies to the Congress that--
(1) if the Palestinian Council has been elected and assumed its
responsibilities, it has, within 2 months, effectively disavowed
and thereby nullified the articles of the Palestine National
Covenant which call for Israel's destruction, unless the necessary
changes to the Covenant have already been approved by the Palestine
National Council;
(2) the P.L.O., the Palestinian Authority, and successor
entities have exercised their authority resolutely to establish the
necessary enforcement institutions; including laws, police, and a
judicial system, for apprehending, transferring, prosecuting,
convicting, and imprisoning terrorists;
(3) the P.L.O., has limited participation in the Palestinian
Authority and its successors to individuals and groups that neither
engage in nor practice terrorism or violence in the implementation
of their political goals;
(4) the P.L.O., the Palestinian Authority, and successor
entities have not provided any financial or material assistance or
training to any group, whether or not affiliated with the P.L.O.,
to carry out actions inconsistent with the Declaration of
Principles, particularly acts of terrorism against Israel;
(5) the P.L.O., the Palestinian Authority, or successor
entities have cooperated in good faith with Israeli authorities
in--
(A) the preemption of acts of terrorism;
(B) the apprehension, trial, and punishment of individuals
who have planned or committed terrorist acts subject to the
jurisdiction of the Palestinian Authority or any successor
entity; and
(C) the apprehension of and transfer to Israeli authorities
of individuals suspected of, charged with, or convicted of,
planning or committing terrorist acts subject to Israeli
jurisdiction in accordance with the specific provisions of the
Interim Agreement;
(6) the P.L.O., the Palestinian Authority, and successor
entities have exercised their authority resolutely to enact and
implement laws requiring the disarming of civilians not
specifically licensed to possess or carry weapons;
(7) the P.L.O., the Palestinian Authority, and successor
entities have not funded, either partially or wholly, or have
ceased funding, either partially or wholly, any office, or other
presence of the Palestinian Authority in Jerusalem unless
established by specific agreement between Israel and the P.L.O.,
the Palestinian Authority, or successor entities;
(8) the P.L.O., the Palestinian Authority, and successor
entities are cooperating fully with the Government of the United
States on the provision of information on United States nationals
known to have been held at any time by the P.L.O. or factions
thereof; and
(9) the P.L.O., the Palestinian Authority, and successor
entities have not, without the agreement of the Government of
Israel, taken any steps that will change the status of Jerusalem or
the West Bank and Gaza Strip, pending the outcome of the permanent
status negotiations.
(d) Provisions That May Be Suspended.--The provisions that may be
suspended under the authority of subsection (a) are the following:
(1) Section 307 of the Foreign Assistance Act of 1961 (22
U.S.C. 2227) as it applies with respect to the P.L.O. or entities
associated with it.
(2) Section 114 of the Department of State Authorization Act,
fiscal years 1984 and 1985 (22 U.S.C. 287e note) as it applies with
respect to the P.L.O. or entities associated with it.
(3) Section 1003 of the Foreign Relations Authorization Act,
fiscal years 1988 and 1989 (22 U.S.C. 5202).
(4) Section 37 of the Bretton Woods Agreement Act (22 U.S.C.
286W) as it applies on the granting to the P.L.O. of observer
status or other official status at any meeting sponsored by or
associated with the International Monetary Fund. As used in this
paragraph, the term ``other official status'' does not include
membership in the International Monetary Fund.
(e) Definitions.--As used in this title:
(1) Relevant congressional committees.--The term ``relevant
congressional committees'' mean--
(A) the Committee on International Relations, the Committee
on Banking and Financial Services, and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(2) United states assistance.--The term ``United States
assistance'' means any form of grant, loan, loan guarantee, credit,
insurance, in kind assistance, or any other form of assistance.
transition provision
Sec. 605. (a) In General.--Section 583(a) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is
amended by striking ``November 1, 1995'' and inserting ``January 1,
1996''.
(b) Consultation.--For purposes of any exercise of the authority
provided in section 583(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) prior to November 15,
1995, the written policy justification dated June 1, 1995, and
submitted to the Congress in accordance with section 583(b)(1) of such
Act, and the consultations associated with such policy justification,
shall be deemed to satisfy the requirements of section 583(b)(1) of
such Act.
reporting requirement
Sec. 606. Section 804(b) of the PLO Commitments Compliance Act of
1989 (title VIII of Public Law 101-246) is amended--
(1) in the matter preceding paragraph (1), by striking
``section (3)(b)(1) of the Middle East Peace Facilitation Act of
1994'' and inserting ``section 604(b)(1) of the Middle East Peace
Facilitation Act of 1995''; and
(2) in paragraph (1), by striking ``section (4)(a) of the
Middle East Peace Facilitation Act of 1994 (Oslo commitments)'' and
inserting ``section 604(b)(4) of the Middle East Peace Facilitation
Act of 1995''.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.