[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1868 Reported in Senate (RS)]
Calendar No. 187
104th CONGRESS
1st Session
H. R. 1868
[Report No. 104-143]
_______________________________________________________________________
AN ACT
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 1996, and for
other purposes.
_______________________________________________________________________
September 14 (legislative day, September 5), 1995
Reported with amendments
Calendar No. 187
104th CONGRESS
1st Session
H. R. 1868
[Report No. 104-143]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12 (legislative day, July 10), 1995
Received; read twice and referred to the Committee on Appropriations
September 14 (legislative day, September 5), 1995
Reported by Mr. McConnell, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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, <DELETED>$786,551,000 </DELETED>$795,000,000 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,
<DELETED>$45,228,000 </DELETED>$46,000,000: Provided, That necessary
expenses (including special services performed on a contract or fee
basis, but not including other personal services) in connection with
the collection of moneys owed the Export-Import Bank, repossession or
sale of pledged collateral or other assets acquired by the Export-
Import Bank in satisfaction of moneys owed the Export-Import Bank, or
the investigation or appraisal of any property, or the evaluation of
the legal or technical aspects of any transaction for which an
application for a loan, guarantee or insurance commitment has been
made, shall be considered nonadministrative expenses for the purposes
of this heading: Provided further, That, notwithstanding subsection (b)
of section 117 of the Export Enhancement Act of 1992, subsection (a)
thereof shall remain in effect until October 1, 1996.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to
carry out the credit and insurance programs (including an amount for
official reception and representation expenses which shall not exceed
<DELETED>$35,000 </DELETED>$20,000) shall not exceed
<DELETED>$26,500,000 </DELETED>$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, <DELETED>$69,500,000
</DELETED>$79,000,000, as authorized by section 234 of the Foreign
Assistance Act of 1961, to be derived by transfer from the Overseas
Private Investment Corporation Noncredit account: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That such sums shall be available for direct loan obligations
and loan guaranty commitments incurred or made during fiscal years 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.
<DELETED>International Financial Institutions</DELETED>
<DELETED>contribution to the international finance
corporation</DELETED>
<DELETED> For payment to the International Finance Corporation by
the Secretary of the Treasury, $67,550,000, for the United States share
of the increase in subscriptions to capital stock, to remain available
until expended: Provided, That of the amount appropriated under this
heading not more than $5,269,000 may be expended for the purchase of
such stock in fiscal year 1996.</DELETED>
<DELETED>contribution to the enterprise for the americas multilateral
investment fund</DELETED>
<DELETED> For payment to the Enterprise for the Americas
Multilateral Investment Fund by the Secretary of the Treasury, for the
United States contribution to the Fund to be administered by the Inter-
American Development Bank, $70,000,000 to remain available until
expended.</DELETED>
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:
<DELETED>Agency for International Development</DELETED>
<DELETED>children and disease programs fund</DELETED>
<DELETED> For necessary expenses to carry out the provisions of part
I and chapter 4 of part II of the Foreign Assistance Act of 1961, for
child survival, assistance to combat tropical and other diseases, and
related assistance activities, $592,660,000, to remain available until
September 30, 1997: Provided, That this amount shall be made available
for such activities as (1) immunization programs, (2) oral rehydration
programs, (3) health and nutrition programs, and related education
programs, which address the needs of mothers and children, (4) water
and sanitation programs, (5) assistance for displaced and orphaned
children, (6) programs for the prevention, treatment, and control of,
and research on, HIV/AIDS, polio, malaria and other diseases, (7) basic
education programs, and (8) a contribution on a grant basis to the
United Nations Children's Fund (UNICEF): Provided further, That funds
appropriated under this heading shall be in addition to amounts
otherwise available for such purposes.</DELETED>
<DELETED>development assistance fund</DELETED>
economic assistance
<DELETED>(including transfers of funds)</DELETED>
For necessary expenses to carry out the provisions of sections 103
through 106, of the Foreign Assistance Act of 1961, $655,000,000
</DELETED>For necessary expenses to carry out the provisions of
sections 103 through 106, chapter 10 of part I, and chapter 4 of part
II of the Foreign Assistance Act of 1961, and the provisions of title V
of the International Security and Development Cooperation Act of 1980
(Public Law 96-533) and provisions of section 401 of the Foreign
Assistance Act of 1969, $2,117,099,331, to remain available until
September 30, 1997: Provided, That funds made available under this
heading for each of (1) sections 103 through 106, (2) section 104(b),
(3) chapter 10 of part I, (4) chapter 4 of part II (exclusive of
assistance for Israel and Egypt) of the Foreign Assistance Act of 1961,
(5) title V of Public Law 96-533, (6) section 401 of the Foreign
Assistance Act of 1969, and (7) for ``Debt Restructuring'', shall be
the same proportion to the total amount appropriated under this heading
as the proportion of funds appropriated to carry out each of such
provisions was to the total amount appropriated for them in title II of
Public Law 103-306, exclusive of assistance to Israel and Egypt:
Provided further, That the use of any authority to waive the
requirements of the previous proviso shall be subject to the regular
notification requirements of the Committees on Appropriations: Provided
further, That of the funds appropriated or otherwise available by this
Act for population planning assistance administered by the Agency for
International Development, not less than $350,000,000 shall be made
available for the central Office of Population of the Agency for
International Development in fiscal year 1996, which sum shall be made
available to that office: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations may be made available to any organization or program
which, as determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That none of the funds
made available under this heading may be used to pay for the
performance of abortion as a method of family planning or to motivate
or coerce any person to practice abortions; and that in order to reduce
reliance on abortion in developing nations, funds shall be available
only to voluntary family planning projects which offer, either directly
or through referral to, or information about access to, a broad range
of family planning methods and services: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations, export
financing, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options including abortion: Provided further, That
nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That, notwithstanding
section 109 of the Foreign Assistance Act of 1961, of the funds
appropriated under this heading <DELETED>and under the heading
``Development Fund for Africa'', </DELETED>not to exceed a total of
$15,000,000 may be transferred to ``International Organizations and
Programs'' for a contribution to the International Fund for
Agricultural Development (IFAD), and that any such transfer of funds
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That none of the funds
made available under this heading may be transferred to the Government
of Zaire.
<DELETED>development fund for africa</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
chapter 10 of part I of the Foreign Assistance Act of 1961,
$528,000,000, to remain available until September 30, 1997: Provided,
That none of the funds appropriated by this Act to carry out chapters 1
and 10 of part I of the Foreign Assistance Act of 1961 shall be
transferred to the Government of Zaire: Provided further, That funds
appropriated under this heading which are made available for activities
supported by the Southern Africa Development Community shall be made
available notwithstanding section 512 of this Act and section 620(q) of
the Foreign Assistance Act of 1961.</DELETED>
cyprus
Of the funds appropriated under the heading ``Economic
Assistance'', not less than $15,000,000 shall be made available for
Cyprus to be used only for scholarships, bicommunal projects, and
measures aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two communities
on Cyprus.
burma
Of the funds appropriated under the heading ``Economic
Assistance'', not less than $2,000,000 shall be made available to
strengthen democracy and support humanitarian activities in Burma:
Provided, That of this amount, not less than $200,000 shall be used to
support newspapers, publications and media activities promoting
democracy inside Burma: Provided further, That funds made available
under this heading may be made available to organizations and Burmese
student groups to expand indigenous participation in the political
process, transportation, communications, publications, administration,
and medical supplies and humanitarian services: Provided further, That
funds made available under this heading may be made available to
support activities in Burma, along the Burma-Thailand border, and to
support activities designated by this Act outside Burma: Provided
further, That funds made available under this heading may be made
available notwithstanding any other provision of law: Provided further,
That provision of such funds shall be made available subject to the
regular notification procedures of the Appropriations Committees.
private and voluntary organizations
None of the funds appropriated or otherwise made available by this
Act for development assistance may be made available to any United
States private and voluntary organization, except any cooperative
development organization, which obtains less than 20 per centum of its
total annual funding for international activities from sources other
than the United States Government: Provided, That the requirements of
the provisions of section 123(g) of the Foreign Assistance Act of 1961
and the provisions on private and voluntary organizations in title II
of the ``Foreign Assistance and Related Programs Appropriations Act,
1985'' (as enacted in Public Law 98-473) shall be superseded by the
provisions of this section, 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.
<DELETED> 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.</DELETED>
<DELETED>international disaster assistance</DELETED>
<DELETED> For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491
of the Foreign Assistance Act of 1961, as amended, $200,000,000 to
remain available until expended.</DELETED>
debt restructuring
<DELETED>For </DELETED>Of the funds made available under the
heading ``Economic Assistance'', for the cost, as defined in section
502 of the Congressional Budget Act of 1974, of modifying direct loans
and loan guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for programs within
the International Affairs Budget Function 150, including the cost of
selling, reducing, or canceling amounts, through debt buybacks and
swaps, <DELETED>owed to the United States as a result of concessional
loans made to eligible Latin American and Caribbean countries, pursuant
to part IV of the Foreign Assistance Act of 1961, $7,000,000
</DELETED>$15,000,000, to remain available until expended.
micro and small enterprise development program account
<DELETED>For </DELETED>Of the funds made available under the
heading ``Economic Assistance'', for the subsidy cost of direct loans
and loan guarantees, $1,500,000, as authorized by section 108 of the
Foreign Assistance Act of 1961, as amended: Provided, That such costs
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That guarantees of loans made under this
heading in support of microenterprise activities may guarantee up to 70
percent of the prinicpal 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
<DELETED> 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.</DELETED>
Of the funds made available under the heading ``Economic
Assistance'', for the subsidy cost, as defined in section 13201 of the
Budget Enforcement Act of 1990, of guaranteed loans authorized by
sections 221 and 222 of the Foreign Assistance Act of 1961, $8,000,000:
Provided, That these funds are available to subsidize loan principal,
100 percent of which shall be guaranteed, pursuant to the authority of
such sections: Provided further, That the President shall enter into
commitments to guarantee such loans in the full amount provided under
this heading, subject to the availability of qualified applicants for
such guarantees: Provided further, That for administrative expenses to
carry out guaranteed loan programs, $7,000,000, all of which may be
transferred to and merged with the appropriation for Operating Expenses
of the Agency for International Development: Provided further, That
commitments to guarantee loans under this heading may be entered into
notwithstanding the second and third sentences of section 222(a) and,
with regard to programs for Eastern Europe and programs for the benefit
of South Africans disadvantaged by apartheid, section 223(j) of the
Foreign Assistance Act of 1961: Provided further, That none of the
funds appropriated under this heading shall be obligated except through
the regular notification procedures of the Committees on
Appropriations.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491
of the Foreign Assistance Act of 1961, as amended, $175,000,000 to
remain available until expended.
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,
<DELETED>$465,750,000 </DELETED>$490,000,000<DELETED>:-Provided, That
of this amount not more than $1,475,000 may be made available to pay
for printing costs: Provided further, That none of the funds
appropriated by this Act for programs administered by the Agency for
International Development may be used to finance printing costs of any
report or study (except feasibility, design, or evaluation reports or
studies) in excess of $25,000 without the approval of the Administrator
of that Agency or the Administrator's designee</DELETED>.
operating expenses of the agency for international development office
of inspector general
For necessary expenses to carry out the provisions of section 667,
<DELETED>$35,200,000 </DELETED>$30,200,000, which sum shall be
available for the Office of the Inspector General of the Agency for
International Development.
Other Bilateral Economic Assistance
<DELETED>economic support fund</DELETED>
middle east fund
For necessary expenses to carry out the provisions of chapter 4 of
part II, <DELETED>$2,300,000,000 </DELETED>$2,015,000,000, to remain
available until September 30, 1997<DELETED>:-Provided, That any funds
appropriated under this heading that are made available for Israel
shall be made available on a grant basis as a cash transfer and shall
be disbursed within thirty days of enactment of this Act or by October
31, 1995, whichever is later</DELETED>: 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 in
exercising the authority to provide cash transfer assistance for Israel
and Egypt, the President shall ensure that the level of such assistance
does not cause an adverse impact on the total level of nonmilitary
exports from the United States to each such country: Provided further,
That it is the sense of the Congress that the recommended levels of
assistance for Egypt and Israel are based in great measure upon their
continued participation in the Camp David Accords and upon the
Egyptian-Israeli peace treaty<DELETED>:-Provided further, That none of
the funds appropriated under this heading shall be made available for
Zaire</DELETED>.
<DELETED>international fund for ireland</DELETED>
<DELETED> 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.</DELETED>
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, <DELETED>$324,000,000
</DELETED>$335,000,000, to remain available until September 30, 1997,
which shall be available, notwithstanding any other provision of law,
for economic assistance and for related programs for Eastern Europe and
the Baltic States.
(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, <DELETED>$580,000,000
</DELETED>$705,000,000, to remain available until September 30, 1997:
Provided, That the provisions of 498B(j) of the Foreign Assistance Act
of 1961 shall apply to funds appropriated by this paragraph.
(b) None of the funds appropriated under this heading shall be
transferred to the Government of Russia--
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, negotiating repayment of
commercial debt, respect for commercial contracts, and
equitable treatment of foreign private investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
(c) Funds may be furnished without regard to subsection (b) if the
President determines that to do so is in the national interest.
(d) None of the funds appropriated under this heading shall be made
available to any government of the new independent states of the former
Soviet Union if that government directs any action in violation of the
territorial integrity or national sovereignty of any other new
independent state<DELETED>,-such as those violations included in
Principle Six of the Helsinki Final Act: Provided, That such funds may
be made available without regard to the restriction in this subsection
if the President determines that to do so is in the national security
interest of the United States:-Provided further,</DELETED>: Provided,
That the restriction of this subsection shall not apply to the use of
such funds for the provision of assistance for purposes of
humanitarian, disaster and refugee relief.
(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, defense conversion or
non-proliferation programs.
(f) Funds appropriated under this heading shall be subject to the
regular notification procedures of the Committees on Appropriations.
(g) Funds made available in this Act for assistance to the new
independent states of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(h) Funds appropriated under this heading may be made available for
assistance for Mongolia.
(i) Funds made available in this Act for assistance to the new
independent states of the former Soviet Union shall be provided to the
maximum extent feasible through the private sector, including small-
and medium-size businesses, entrepreneurs, and others with indigenous
private enterprises in the region, intermediary development
organizations committed to private enterprise, and private voluntary
organizations <DELETED>previously functioning in the new independent
states</DELETED>.
<DELETED> (j) The ratio of private sector investment (including
volunteer contributions in cash or time) to United States government
assistance in projects referred to in subsection (i) shall be no less
than a ratio of 1 to 1.</DELETED>
(k) Of the funds appropriated under this heading, not less than
$15,000,000 should be available only for a family planning program for
the new independent states of the former Soviet Union comparable to the
family planning program currently administered by the Agency for
International Development in the Central Asian Republics and focusing
on population assistance which provides an alternative to abortion.
(l) Notwithstanding any other provision of law or this Act, of the
funds appropriated under this heading, not less than $85,000,000 shall
be made available for programs and activities for Armenia, of which
$35,000,000 shall be available for food, $40,000,000 shall be available
for fuel, and $10,000,000 shall be available for medical supplies and
services.
(m) Of the funds made available by this or any other Act, not less
than $30,000,000 shall be made available for programs and activities
for Georgia.
(n) Of the funds appropriated under this heading, not less than
$225,000,000 shall be made available for Ukraine: Provided, That of
these funds made available, not less than $3,000,000 shall be made
available to assist in establishing a commodities exchange board:
Provided further, That not less than $5,000,000 shall be made available
to support improvements in the delivery of social services: Provided
further, That not less than $20,000,000 shall be available to support
the development of small and medium enterprises: Provided further, That
not less than $2,000,000 shall be provided to support strengthening in
independent broadcast and print media: Provided further, That not less
than $5,000,000 shall be available for a pilot project to screen,
diagnose, and treat Chernobyl victims suffering from breast cancer:
Provided further, That not less than $5,000,000 shall be available to
support a joint United States-Ukraine geographic survey to determine
levels of contamination caused by the Chernobyl reactor: Provided
further, That not less than $2,000,000 shall be available to conduct an
assessment of the energy distribution grid with recommendations on
improvements necessary to provide comprehensive industrial, commercial
and residential access to power: Provided further, That not less than
$5,000,000 shall be made available for a pilot project to establish a
management and market economics training partnership between a
Ukrainian university and a United States university with demonstrated
experience in Eastern Europe or the New Independent States and an
ability to plan and direct a multi-faceted program including business
management, manufacturing management, market economics, and public
administration training.
(o) Of the funds made available for Ukraine, under this Act or any
other Act, not less than $50,000,000 shall be made available to improve
nuclear energy self-sufficiency and improve safety at nuclear reactors:
Provided, That of this amount, not less than $30,000,000 shall be made
available to provide technical assistance, training and equipment to
develop institutions and procedures to license, purchase, transfer and
use nuclear fuel assemblies consistent with International Atomic Energy
Agency standards: Provided further, That of this amount, not less than
$20,000,000 shall be provided for the purchase, installation and
training for safety parameter display systems or safety control systems
at all nuclear operational nuclear reactors, but on a priority basis at
the Chernobyl facility.
(p) Notwithstanding any other provision of law or of this Act, of
the funds made available under this heading, within 30 days of
enactment of this Act, not less than $4,500,000 shall be transferred to
the Federal Bureau of Investigation to establish Legal Attache offices
and related programs in Ukraine, Kazakhstan, and Estonia: Provided,
That these funds shall support both in country and regional law
enforcement liaison and investigation activities.
(q) Notwithstanding any other provision of law or of this Act, of
the funds made available under this heading, within 30 days of
enactment of this Act not less than $12,600,000 shall be transferred to
the Federal Bureau of Investigation for international training and
cooperation in Central Europe and the New Independent States: Provided,
That these funds may support training conducted at the International
Law Enforcement Academy in Hungary, in country training sessions in
Central Europe, the Baltics, and the New Independent States, and
efforts to establish national law enforcement institutes.
(r) Of the funds made available under this heading, not less than
$20,000,000 shall be available for hospital partnership programs.
(s) Of the funds made available under this heading, not less than
$45,000,000 shall be provided to the Western NIS Enterprise Fund.
(t) No funds may be made available under this heading, until the
Department of State Office of the Coordinator for United States
Assistance to the New Independent States submits a report to the
Committees on Appropriations providing a country by country development
strategy including the type of activities planned to carry out the
strategy requirements.
(u) No funds may be made available under this heading for Russia
unless the President determines and certifies in writing to the
Committees on Appropriations that the Government of Russia has
terminated all planning and implementation of arrangements to provide
Iran with technical expertise, training, technology or equipment
necessary to develop a nuclear reactor or related nuclear research
facilities or programs.
(v) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for an
Enterprise Fund may be deposited by such Fund in interest-bearing
accounts prior to the Funds disbursement of such funds. The Fund may
retain for program purposes any interest earned on such deposits
without returning such interest to the Treasury of the United States
and without further appropriation by Congress.
(w) Of the funds made available under this heading, not less than
$15,000,000 shall be made available to support establishing a Trans-
Caucasus Enterprise Fund.
<DELETED>Independent Agencies</DELETED>
<DELETED>african development foundation</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
title V of the International Security and Development Cooperation Act
of 1980, Public Law 96-533, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, $11,500,000.</DELETED>
<DELETED>inter-american foundation</DELETED>
<DELETED> For expenses necessary to carry out the functions of the
Inter-American Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, and to make such contracts
and commitments without regard to fiscal year limitations, as provided
by section 9104, title 31, United States Code, $20,000,000.</DELETED>
peace corps
For expenses necessary to carry out the provisions of the Peace
Corps Act (75 Stat. 612), <DELETED>$210,000,000 </DELETED>$200,000,000,
including the purchase of not to exceed five passenger motor vehicles
for administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this heading shall
be used to pay for abortions: 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, <DELETED>$113,000,000
</DELETED>$150,000,000: Provided, That during fiscal year 1996, the
Department of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its restrictions, to
receive non-lethal excess property from an agency of the United States
Government for the purpose of providing it to a foreign country under
chapter 8 of part I of that Act subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
of the funds appropriated under this heading, not less than $1,800,000
shall be available to establish and maintain a Federal Bureau of
Investigation Legal Attache office in Cairo, Egypt: Provided further,
That not less than $5,000,000 shall be made available to the Federal
Bureau of Investigation and the Secret Service to establish and
maintain offices in the Triborder area of Argentina, Brazil and
Paraguay.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; salaries and expenses of personnel assigned to the bureau charged
with carrying out the Migrations and Refugee Assistance Act; allowances
as authorized by sections 5921 through 5925 of title 5, United States
Code, purchase and hire of passenger motor vehicles; and services as
authorized by section 3109 of title 5, United States Code,
$671,000,000: Provided, That not more than $12,000,000 shall be
available for administrative expenses<DELETED>:-Provided, That, one of
the funds appropriated under this heading shall be available for
salaries and expenses of personnel assigned to the bureau charged with
carrying out the Migration and Refugee Assistance Act</DELETED>:
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.
<DELETED>refugee resettlement assistance</DELETED>
<DELETED> 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.</DELETED>
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, <DELETED>$17,000,000
</DELETED>$15,000,000.
nonproliferation and disarmament fund
For necessary expenses for a ``Nonproliferation and Disarmament
Fund'', $20,000,000, to remain available until expended, to promote
bilateral and multilateral activities: Provided, That such funds may be
used pursuant to the authorities contained in section 504 of the
FREEDOM Support Act: Provided further, That such funds may also be used
for such countries other than the new independent states of the former
Soviet Union and international organizations when it is in the national
security interest of the United States to do so: Provided further, That
funds appropriated under this heading may be made available
notwithstanding any other provision of law: Provided further, That
funds appropriated under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, <DELETED>$39,000,000
</DELETED>$19,000,000: Provided, That up to $100,000 of the funds
appropriated under this heading may be made available for grant
financed military education and training for any high income country on
the condition that that country agrees to fund from its own resources
the transportation cost and living allowances of its students: Provided
further, That the civilian personnel for whom military education and
training may be provided under this heading may also include members of
national legislatures who are responsible for the oversight and
management of the military, and may also include individuals who are
not members of a government: Provided further, That none of the funds
appropriated under this heading shall be available for Zaire and
Guatemala<DELETED>:-Provided further, That funds appropriated under
this heading for grant financed military education and training for
Indonesia and Guatemala may only be available for expanded military
education and training</DELETED>.
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,
<DELETED>$3,211,279,000 </DELETED>$3,207,500,000: <DELETED>Provided,
That funds appropriated by this paragraph that are made available for
Israel and Egypt shall be made available only as grants: Provided
further, That the funds appropriated by this paragraph that are made
available for Israel shall be disbursed within thirty days of enactment
of this Act or by October 31, 1995, whichever is later: Provided
further, That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for Israel by
this paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not to exceed
$475,000,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That funds made available under this
paragraph shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: </DELETED>Provided, That of
the funds appropriated by this paragraph not less than $1,800,000,000
shall be available for grants only for Israel, and not less than
$1,300,000,000 shall be available for grants only for Egypt: Provided
further, That the funds appropriated by this paragraph for Israel shall
be disbursed within thirty days of enactment of this Act or by October
31, 1995, whichever is later: Provided further, That to the extent that
the Government of Israel requests that funds be used for such purposes,
grants made available for Israel by this paragraph shall, as agreed by
Israel and the United States, be available for advanced fighter
aircraft programs or for other advanced weapons systems, as follows:
(1) up to $150,000,000 shall be available for research and development
in the United States; and (2) not less than $475,000,000 shall be
available for the procurement in Israel of defense articles and defense
services, including research and development: 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 <DELETED>shall not exceed
</DELETED>$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 <DELETED>$24,000,000
</DELETED>$22,500,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside of the
United States, for the general costs of administering military
assistance and sales: Provided further, That not more than $355,000,000
of funds realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act may be obligated for expenses incurred by the Department of
Defense during fiscal year 1996 pursuant to section 43(b) of the Arms
Export Control Act, except that this limitation may be exceeded only
through the regular notification procedures of the Committees on
Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, <DELETED>$68,300,000
</DELETED>$72,033,000: Provided, That none of the funds appropriated
under this paragraph shall be obligated or expended except as provided
through the regular notification procedures of the Committees on
Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
International Financial Institutions
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
share of the paid-in share portion of the increases in capital stock
for the General Capital Increase, <DELETED>$23,009,000
</DELETED>$28,189,963, to remain available until expended.
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
contribution to the Global Environment Facility (GEF),
<DELETED>$30,000,000 </DELETED>$50,000,000, to remain available until
September 30, 1997.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
<DELETED>$743,900,000 </DELETED>$911,475,013.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, <DELETED>$575,000,000
</DELETED>$775,000,000, 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, $67,550,000, for the United States share of
the increase in subscriptions to capital stock, to remain available
until expended: Provided, That of the amount appropriated under this
heading not more than $5,269,000 may be expended for the purchase of
such stock in fiscal year 1996.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury, for the United States share of the paid-in share
portion of the increase in capital stock, <DELETED>$25,950,000
</DELETED>$25,952,110, and for the United States share of the increase
in the resources of the Fund for Special Operations, $20,000,000, to
remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed <DELETED>$1,523,000,000 </DELETED>$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, $70,000,000 to remain available until expended.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, <DELETED>$13,200,000 </DELETED>$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 <DELETED>$647,000,000 </DELETED>$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), <DELETED>$100,000,000 </DELETED>$110,000,000, to remain
available until expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, <DELETED>$69,180,000
</DELETED>$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 <DELETED>$161,400,000
</DELETED>$163,333,333.
<DELETED>North American Development Bank</DELETED>
<DELETED> 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.</DELETED>
<DELETED>limitation on callable capital subscriptions</DELETED>
<DELETED> 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.</DELETED>
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,
<DELETED>$155,000,000 </DELETED>$260,000,000: 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 any reduction in the amounts made available
under this heading for each of the United Nations Development Program,
the United Nations Children's Fund, the United Nations Environment
Program, and the International Atomic Energy Agency, from the amounts
made available under this heading for such organizations for fiscal
year 1995, shall not exceed the percentage by which the total amount
appropriated under this heading is reduced from the total amount
appropriated under this heading for fiscal year 1995: Provided further,
That none of the funds appropriated under this heading that are made
available to the United Nations Population Fund (UNFPA) shall be made
available for activities in the People's Republic of China: Provided
further, That not more than <DELETED>$25,000,000 </DELETED>$35,000,000
of the funds appropriated under this heading may be made available to
the UNFPA: Provided further, That not more than one-half of this amount
may be provided to UNFPA before March 1, 1996, and that no later than
February 15, 1996, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount UNFPA is budgeting
for the People's Republic of China in 1996: Provided further, That any
amount UNFPA plans to spend in the People's Republic of China in 1996
above $7,000,000, shall be deducted from the amount of funds provided
to UNFPA after March 1, 1996 pursuant to the previous provisos:
Provided further, That with respect to any funds appropriated under
this heading that are made available to UNFPA, UNFPA shall be required
to maintain such funds in a separate account and not commingle them
with any other funds<DELETED>:-Provided further, That up to $13,000,000
may be made available to the Korean Peninsula Energy Development
Organization (KEDO) for administrative expenses and heavy fuel oil
costs associated with the Framework Agreement: Provided further, That
additional funds may be made available to KEDO subject to the regular
notification procedures of the Committees on Appropriations</DELETED>.
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, <DELETED>not to exceed $5,000 </DELETED>no funds shall be for
entertainment expenses of the Agency for International Development
during the current fiscal year.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available pursuant to
this Act, not to exceed $95,000 shall be available for representation
allowances for the Agency for International Development during the
current fiscal year: Provided, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars: Provided further,
That of the funds made available by this Act for general costs of
administering military assistance and sales under the heading ``Foreign
Military Financing Program'', <DELETED>not to exceed $2,000
</DELETED>no funds shall be available for entertainment expenses and
not to exceed $50,000 shall be available for representation allowances:
Provided further, That of the funds made available by this Act under
the heading ``International Military Education and Training'', not to
exceed $50,000 shall be available for entertainment allowances:
Provided further, That of the funds made available by this Act for the
Inter-American Foundation, no funds shall be available for
entertainment and not to exceed $2,000 shall be available for
<DELETED>entertainment and </DELETED>representation allowances:
Provided further, That of the funds made available by this Act for the
Peace Corps, <DELETED>not to exceed a total of $4,000 </DELETED>no
funds shall be available for entertainment expenses: Provided further,
That of the funds made available by this Act under the heading ``Trade
and Development Agency'', no funds shall be available for entertainment
and not to exceed $2,000 shall be available for representation
<DELETED>and entertainment </DELETED>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 <DELETED>``Child Survival and Disease
Programs Fund'', ``Development Assistance Fund'', ``Development Fund
for Africa'', </DELETED>``Economic Assistance'', ``International
organizations and programs'', ``Trade and Development Agency'',
``International narcotics control'', ``Assistance for Eastern Europe
and the Baltic States'', ``Assistance for the New Independent States of
the Former Soviet Union'', <DELETED>``Economic Support Fund'',
</DELETED>``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'', <DELETED>``Inter-American
Foundation'', ``African Development Foundation'', </DELETED>``Peace
Corps'', ``Middle East Fund'' or ``Migration and refugee assistance'',
<DELETED>or ``United States Emergency Refugee and Migration Assistance
Fund'', </DELETED>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 <DELETED>20 </DELETED>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 <DELETED>support fund </DELETED>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
<DELETED>the Economic Support Fund </DELETED>economic assistance which
are allocated to Israel shall not be less than the annual debt
repayment (interest and principal) from Israel to the United States
Government in recognition that such a principle serves United States
interests in the region.
prohibition <DELETED>concerning abortions </DELETED>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 in determining
eligibility for assistance from funds appropriated to carry out section
104 of the Foreign Assistance Act of 1961, nongovernmental and
multilateral organizations shall not be subjected to requirements more
restrictive than the requirements applicable to foreign governments for
such assistance: Provided further, That none of the funds made
available under this Act may be used to lobby for or against abortion.
reporting requirement
Sec. 519. The President shall submit to the Committees on
Appropriations the reports required by section 25(a)(1) of the Arms
Export Control Act.
special notification requirements
Sec. 520. None of the funds appropriated in this Act shall be
obligated or expended for Colombia, Dominican Republic, Guatemala,
Haiti, <DELETED>Indonesia, </DELETED>Liberia, Nicaragua, Pakistan,
Peru, <DELETED>Russia, </DELETED>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 <DELETED>Indonesia and </DELETED>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.
family planning, child survival and aids activities
Sec. 522. Up to $8,000,000 of the funds made available by this Act
for assistance for family planning, health, child survival, and AIDS,
may be used to reimburse United States Government agencies, agencies of
State governments, institutions of higher learning, and private and
voluntary organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned to, or
contracted by, as the case may be, the Agency for International
Development for the purpose of carrying out family planning activities,
child survival activities and activities relating to research on, and
the treatment and control of, acquired immune deficiency syndrome in
developing countries: Provided, That funds appropriated by this Act
that are made available for child survival activities or activities
relating to research on, and the treatment and control of, acquired
immune deficiency syndrome may be made available notwithstanding any
provision of law that restricts assistance to foreign countries:
Provided further, That funds appropriated by this Act that are made
available for family planning activities may be made available
notwithstanding section 512 of this Act and section 620(q) of the
Foreign Assistance Act of 1961.
prohibition against indirect funding to certain countries
Sec. 523. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance indirectly
any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North
Korea, or the People's Republic of China, unless the President of the
United States certifies that the withholding of these funds is contrary
to the national security interest of the United States.
reciprocal leasing
Sec. 524. Section 61(a) of the Arms Export Control Act is amended
by striking out ``1995'' and inserting in lieu thereof ``1996''.
notification on excess defense equipment
Sec. 525. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of
1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as are
other committees pursuant to subsection (c) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees: Provided further, That such
Committees shall also be informed of the original acquisition cost of
such defense articles.
authorization requirement
Sec. 526. Funds appropriated by this Act may be obligated and
expended <DELETED>subject to </DELETED>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 <DELETED>Israel and
</DELETED>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.
<DELETED>stingers in the persian gulf region</DELETED>
<DELETED> 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.</DELETED>
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.
<DELETED>location of stockpiles</DELETED>
<DELETED> Sec. 531. Section 514(b)(2) of the Foreign Assistance Act
of 1961 is amended by striking out ``a total of $200,000,000 for
stockpiles in Israel for fiscal years 1994 and 1995, up to $40,000,000
may be made available for stockpiles in the Republic of Korea, and up
to $10,000,000 may be made available for stockpiles in Thailand for
fiscal year 1995.'' and inserting in lieu thereof ``$200,000,000 for
stockpiles in Israel, $40,000,000 for stockpiles in the Republic of
Korea and $10,000,000 for stockpiles in Thailand for fiscal year
1996''.</DELETED>
competitive pricing for sales of defense articles
Sec. 531A. (a) Costing Basis.--Section 22 of the Arms Export
Control Act (22 U.S.C. 2762) is amended by adding at the end the
following:
``(d) Competitive Pricing.--Procurement contracts made in
implementation of sales under this section for defense articles and
defense services wholly paid for funds made available on a nonrepayable
basis shall be priced on the same costing basis with regard to profit,
overhead, independent research and development, bid and proposal, and
other costing elements, as is applicable to procurements of like items
purchased by the Department of Defense for its own use.''
(b) Effective Date and Implementing Regulations.--Section 22(d) of
the Arms Export Control Act, as added by subsection (a)--
(1) shall take effect on the 60th day following the date of
the enactment of this Act;
(2) shall be applicable only to contracts made in
implementation of sales made after such effective date; and
(3) shall be implemented by revised procurement
regulations, which shall be issued prior to such effective
date.
stockpiles of defense articles
Sec. 531B. (a) Limitation on Value of Additions.--Section 514(b)(1)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(1)) is
amended by inserting ``or in the implementation of agreements with
Israel'' after ``North Atlantic Treaty Organization''.
(b) Additions in Fiscal Years 1996 and 1997.--Section 514(b)(2) of
such Act (22 U.S.C. 2321h(b)(2)) is amended to read as follows:
``(2)(A) The value of such additions to stockpiles of defense
articles in foreign countries shall not exceed $50,000,000 for each of
the fiscal years 1996 and 1997.
``(B) Of the amount specified in subparagraph (A) for each of the
fiscal years 1996 and 1997, not more than $40,000,000 may be made
available for stockpiles in the Republic of Korea and not more than
$10,000,000 may be made available for stockpiles in Thailand.''.
(c) Location of Stockpiles of Defense Authorities.--Section 514(c)
of such Act (22 U.S.C. 2321h(c)) is amended to read as follows:
``(c) Location of Stockpiles of Defense Articles.--
``(1) Limitation.--Except as provided in paragraph (2), no
stockpile of defense articles may be located outside the
boundaries of a United States military base or a military base
used primarily by the United States.
``(2) Exceptions.--Paragraph (1) shall not apply with
respect to stockpiles of defense articles located in the
Republic of Korea, Thailand, any country that is a member of
the North Atlantic Treaty Organization, any country that is a
major non-NATO ally, or any other country the President may
designate. At least 15 days before designating a country
pursuant to the last clause of the preceding sentence, the
President shall notify the congressional committees specified
in section 634A(a) in accordance with the procedures applicable
to reprogramming notifications under that section.''.
separate accounts
Sec. 532. (a) Separate Accounts for Local Currencies.--(1) If
assistance is furnished to the government of a foreign country under
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 under agreements which result in the generation
of local currencies of that country, the Administrator of the Agency
for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be
generated, and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent
with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local
currencies, shall be used only--
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities, or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The Agency for International
Development shall take all appropriate steps to ensure that the
equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of Assistance Programs.--Upon termination of
assistance to a country under chapters 1 or 10 of part I or chapter 4
of part II (as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Conforming Amendments.--The provisions of this subsection shall
supersede the tenth and eleventh provisos contained under the heading
``Sub-Saharan Africa, Development Assistance'' as included in the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 and sections 531(d) and 609 of the Foreign
Assistance Act of 1961.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is
made available to the government of a foreign country, under chapters 1
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the
Committee of Conference accompanying House Joint Resolution 648 (H.
Report No. 98-1159).
(3) Notification.--At least fifteen days prior to obligating any
such cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of
the Committees on Appropriations, which shall include a detailed
description of how the funds proposed to be made available will be
used, with a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the
notification procedures of the Committees on Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 533. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code,
or while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
compliance with united nations sanctions against iraq
Sec. 534. <DELETED>(a) Denial of Assistance.--</DELETED>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.
<DELETED> (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--</DELETED>
<DELETED> (1) the importation of products of Iraq, Serbia,
or Montenegro into its customs territory, and</DELETED>
<DELETED> (2) the export of its products to Iraq, Serbia, or
Montenegro, as the case may be.</DELETED>
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.
(d) There are authorized to be appropriated to the President such
sums as may be necessary to reimburse the applicable appropriation,
fund, or account for defense articles, defense services, and military
education and training provided under this section.
mediterranean excess defense articles
Sec. 536. During fiscal year 1996, the provisions of section 573(e)
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990, shall be applicable, for the period specified
therein, to excess defense articles made available under sections 516
and 519 of the Foreign Assistance Act of 1961.
priority delivery of equipment
Sec. 536A. Notwithstanding any other provision of law, the delivery
of excess defense articles that are to be transferred on a grant basis
under section 516 of the Foreign Assistance Act to NATO allies and to
major non-NATO allies on the southern and southeastern flank of NATO
shall be given priority to the maximum extent feasible over the
delivery of such excess defense articles to other countries.
cash flow financing
Sec. 537. For each country that has been approved for cash flow
financing (as defined in section 25(d) of the Arms Export Control Act,
as added by section 112(b) of Public Law 99-83) under the Foreign
Military Financing Program, any Letter of Offer and Acceptance or other
purchase agreement, or any amendment thereto, for a procurement in
excess of $100,000,000 that is to be financed in whole or in part with
funds made available under this Act shall be submitted through the
regular notification procedures to the Committees on Appropriations.
authorities for the peace corps, the inter-american foundation and the
african development foundation
Sec. 538. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development Foundation
Act. The appropriate agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is prohibited.
impact on jobs in the united states
Sec. 539. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export processing zone or
designated area in which the tax, tariff, labor, environment,
and safety laws of that country do not apply, in part or in
whole, to activities carried out within that zone or area,
unless the President determines and certifies that such
assistance is not likely to cause a loss of jobs within the
United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights,
as defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
or area in that country: Provided, That in recognition that the
application of this subsection should be commensurate with the
level of development of the recipient country and sector, the
provisions of this subsection shall not preclude assistance for
the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
authority to assist bosnia-hercegovina
Sec. 540. (a) Congress finds as follows:
(1) The United Nations has imposed an embargo on the
transfer of arms to any country on the territory of the former
Yugoslavia.
(2) The federated states of Serbia and Montenegro have a
large supply of military equipment and ammunition and the
Serbian forces fighting the government of Bosnia-Hercegovina
have more than one thousand battle tanks, armored vehicles, and
artillery pieces.
(3) Because the United Nations arms embargo is serving to
sustain the military advantage of the aggressor, the United
Nations should exempt the government of Bosnia-Hercegovina from
its embargo.
(b) Pursuant to a lifting of the United Nations arms embargo, or to
a unilateral lifting of the arms embargo by the President of the United
States, against Bosnia-Hercegovina, the President is authorized to
transfer, subject to prior notification of the Committees on
Appropriations, to the government of that nation, without
reimbursement, defense articles from the stocks of the Department of
Defense and defense services of the Department of Defense of an
aggregate value not to exceed $50,000,000 in fiscal year 1996:
Provided, That the President certifies in a timely fashion to the
Congress that the transfer of such articles would assist that nation in
self-defense and thereby promote the security and stability of the
region.
(c) Within 60 days of any transfer under the authority provided in
subsection (b), and every 60 days thereafter, the President shall
report in writing to the Speaker of the House of Representatives and
the President pro tempore of the Senate concerning the articles
transferred and the disposition thereof.
(d) There are authorized to be appropriated to the President such
sums as may be necessary to reimburse the applicable appropriation,
fund, or account for defense articles provided under this section.
restrictions on the termination of sanctions against serbia and
montenegro
Sec. 540A. (a) Restrictions.--Notwithstanding any other provision
of law, no sanction, prohibition, or requirement described in section
1511 of the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160), with respect to Serbia or Montenegro, may cease
to be effective, unless--
(1) the President first submits to the Congress a
certification described in subsection (b); and
(2) the requirements of section 1511 of that Act are met.
(b) Certification.--A certification described in this subsection is
a certification that--
(1) there is substantial progress toward--
(A) the realization of a separate identity for
Kosova and the right of the people of Kosova to govern
themselves; or
(B) the creation of an international protectorate
for Kosova;
(2) there is substantial improvement in the human rights
situation in Kosova;
(3) international human rights observers are allowed to
return to Kosova; and
(4) the elected government of Kosova is permitted to meet
and carry out its legitimate mandate as elected representatives
of the people of Kosova.
(c) Expanded Authority.--Section 660(b) of the Foreign Assistance
Act of 1961 is amended--
(1) in paragraph (3), by striking ``or'';
(2) in paragraph (4), by striking the period at the end
thereof and inserting ``; or''; and
(3) adding the following new paragraph:
``(5) with respect to assistance, including training, relating
to sanctions monitoring and enforcement.''.
special authorities
Sec. 541. (a) Funds appropriated in title II of this Act that are
made available for <DELETED>Haiti, </DELETED>Afghanistan, Lebanon, and
Cambodia, and for victims of war, displaced children,
<DELETED>displaced Burmese, </DELETED>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,
<DELETED>tactically or strategically, with the Khmer Rouge in their
military operations</DELETED> tactically or strategically, with the
Khmer Rouge in their military operations, or which is cooperating
commercially with the Khmer Rouge.
(b) Funds appropriated by this Act to carry out the provisions of
sections 103 through 106 of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and energy programs aimed at reducing
emissions of greenhouse gases, and for the purpose of supporting
biodiversity conservation activities: Provided, That such assistance
shall be subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) During fiscal year 1996, the President may use up to
$40,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding the funding ceiling contained
in subsection (a) of that section.
(d) The Agency for International Development may employ personal
services contractors, notwithstanding any other provision of law, for
the purpose of administering programs for the West Bank and Gaza.
policy on terminating the arab league boycott of israel
Sec. 542. It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel; and
(2) the President should--
(A) take more concrete steps to encourage
vigorously Arab League countries to renounce publicly
the primary boycotts of Israel and the secondary and
tertiary boycotts of American firms that have
commercial relations with Israel as a confidence-
building measure;
(B) take into consideration the participation of
any recipient country in the primary boycott of Israel
and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel when
determining whether to sell weapons to said country;
(C) report to Congress on the specific steps being
taken by the President to bring about a public
renunciation of the Arab primary boycott of Israel and
the secondary and tertiary boycotts of American firms
that have commercial relations with Israel; and
(D) encourage the allies and trading partners of
the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing
businesses that do comply.
anti-narcotics activities
Sec. 543. (a) Of the funds appropriated <DELETED>or otherwise made
available by this Act for ``Economic Support Fund'', </DELETED>under
the heading ``Economic Assistance'', assistance may be provided to
strengthen the administration of justice in countries in Latin America
and the Caribbean in accordance with the provisions of section 534 of
the Foreign Assistance Act of 1961, except that programs to enhance
protection of participants in judicial cases may be conducted
notwithstanding section 660 of that Act.
(b) Funds made available pursuant to this section may be made
available notwithstanding the third sentence of section 534(e) of the
Foreign Assistance Act of 1961. Funds made available pursuant to
subsection (a) for Bolivia, Colombia and Peru may be made available
notwithstanding section 534(c) and the second sentence of section
534(e) of the Foreign Assistance Act of 1961.
eligibility for assistance
Sec. 544. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961: Provided, That the
President shall take into consideration, in any case in which a
restriction on assistance would be applicable but for this subsection,
whether assistance in support of programs of nongovernmental
organizations is in the national interest of the United States:
Provided further, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of those
committees, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 1996, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under titles I
and II of the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry out title
I of such Act and made available pursuant to this subsection may be
obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally recognized
human rights.
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<DELETED>,-except that the provision of such defense
articles shall be subject to section 534 of this Act</DELETED>.
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<DELETED>:-Provided, That none of the funds appropriated by
this Act may be made available to carry out the provisions of section
316 of Public Law 96-533</DELETED>.
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 <DELETED>I </DELETED>IV of this Act may be
transferred between such appropriations for use for any of the
purposes, programs and activities for which the funds in such receiving
account may be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25 percent by
any such transfer: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the Committees on
Appropriations.
war crimes tribunals
Sec. 556. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the authority of section 552(c) of
the Foreign Assistance Act of 1961, as amended, may be used to provide
up to $25,000,000 of commodities and services to the United Nations War
Crimes Tribunal established with regard to the former Yugoslavia by the
United Nations Security Council or such other tribunals or commissions
as the Council may establish to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall be
in lieu of any determinations otherwise required under section 552(c):
Provided further, That 60 days after the date of enactment of this Act,
and every 180 days thereafter, the Secretary of State shall submit a
report to the Committees on Appropriations describing the steps the
United States Government is taking to collect information regarding
allegations of genocide or other violations of international law in the
former Yugoslavia and to furnish that information to the United Nations
War Crimes Tribunal for the former Yugoslavia.
nonlethal excess defense articles
Sec. 557. Notwithstanding section 519(f) of the Foreign Assistance
Act of 1961, during fiscal year 1996, funds available to the Department
of Defense may be expended for crating, packing, handling and
transportation of nonlethal excess defense articles transferred under
the authority of section 519 to countries eligible to participate in
the Partnership for Peace and to receive assistance under Public Law
101-179.
landmines
Sec. 558. Notwithstanding any other provision of law, demining
equipment available to any department or agency and used in support of
the clearing of landmines for humanitarian purposes may be disposed of
on a grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe: Provided, That section
1365(c) of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 22 U.S.C., 2778 note) is amended by striking out
``During the four-year period beginning on October 23, 1992'' and
inserting in lieu thereof ``During the five-year period beginning on
October 23, 1993''.
<DELETED>report on the salaries and benefits of the imf and the world
bank</DELETED>
<DELETED> Sec. 559. The Comptroller General shall submit a report to
the Committees on Appropriations not later than November 1, 1995, on
the following--</DELETED>
<DELETED> (1) a review of the existing salaries and benefits
of employees of the International Monetary Fund and the
International Bank for Reconstruction and Development;
and</DELETED>
<DELETED> (2) a review of all benefits paid to dependents of
Fund and Bank employees.</DELETED>
<DELETED>Such report shall include a comparison of the salaries and
benefits paid to employees and dependents of the Fund and the Bank with
salaries and benefits paid to employees holding comparable positions in
the public and private sectors in member countries and in the
international sector.</DELETED>
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 <DELETED>subsection
</DELETED>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.
<DELETED>limitation on assistance to countries that restrict the
transport or delivery of united states humanitarian
assistance</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (b) Exception.--Subsection (a) shall not apply to
assistance in support of any country when it is made known to the
President that the assistance is in the national security interest of
the United States.</DELETED>
non-overtime differential pay
Sec. 562. Title 5 of the United States Code is amended by inserting
the following:
(1) in section 5541(2)(xiv) after a ``Foreign Service
officer'' ``, except for a Foreign Service Officer who is a
criminal investigator for the Agency for International
Development, Office of Inspector General''.
<DELETED>references to authorization acts</DELETED>
<DELETED> Sec. 563. The funds appropriated under the heading,
``Child Survival and Disease Programs Fund'' are provided pursuant to
the Foreign Assistance Act, as amended: under sections 103 through 106
(Development Assistance Fund), in the amount of $214,000,000; under
part I, chapter 10 (Development Fund for Africa), in the amount of
$131,000,000; under the provisions of section 498(6) (Assistance for
the New Independent States of the Former Soviet Union), in the amount
of $15,000,000; under the provisions of part I, chapter 1, section
104(c) of the Foreign Assistance Act and the Support for East European
Democracy (SEED) Act of 1989, in the amount of $1,000,000; under
provisions of chapter 4, part II (Economic Support Fund), in the amount
of $23,000,000; under the provisions of section 301, in the amount of
$100,000,000 as a contribution on a grant basis to the United Nation's
Children's Fund (UNICEF): Provided, That funds derived from funds
authorized under chapter 4, part II, shall be made available for
projects meeting criteria set forth in part I section 104(c): Provided
further, That funds appropriated under the heading ``Child Survival and
Disease Programs Fund'' shall be in addition to amounts otherwise
available for such purposes.</DELETED>
<DELETED>prohibition on funding for abortion</DELETED>
<DELETED> Sec. 564. (a) In General.--</DELETED>
<DELETED> (1) Notwithstanding any other provision of this
Act or other law, none of the funds appropriated by this Act
for population assistance activities may be made available for
any private, nongovernmental, or multilateral organization
until the organization certifies that it does not now, and will
not during the period for which the funds are made available,
directly or through a subcontractor or sub-grantee, perform
abortions in any foreign country, except where the life of the
mother would be endangered if the fetus were carried to term or
in cases of forcible rape or incest.</DELETED>
<DELETED> (2) Paragraph (1) may not be construed to apply to
the treatment of injuries or illnesses caused by legal or
illegal abortions or to assistance provided directly to the
government of a country.</DELETED>
<DELETED> (b) Lobbying Activities.--</DELETED>
<DELETED> (1) Notwithstanding any other provision of this
Act or other law, none of the funds appropriated by this Act
for population assistance activities may be made available for
any private, nongovernmental, or multilateral organization
until the organization certifies that it does not now, and will
not during the period for which the funds are made available,
violate the laws of any foreign country concerning the
circumstances under which abortion is permitted, regulated, or
prohibited, or engage in any activity or effort to alter the
laws or governmental policies of any foreign country concerning
the circumstances under which abortion is permitted, regulated,
or prohibited.</DELETED>
<DELETED> (2) Paragraph (1) shall not apply to activities in
opposition to coercive abortion or involuntary
sterilization.</DELETED>
<DELETED> (c) Coercive Population Control Methods.--Notwithstanding
any other provision of this Act or other law, none of the funds
appropriated by this Act may be made available for the United Nations
Population Fund (UNFPA), unless the President certifies to the
appropriate congressional committees that (1) the United Nations
Population Fund has terminated all activities in the People's Republic
of China; or (2) during the 12 months preceding such certification,
there have been no abortions as the result of coercion associated with
the family planning policies of the national government or other
governmental entities within the People's Republic of China. As used in
this section the term ``coercion'' includes physical duress or abuse,
destruction or confiscation of property, loss of means of livelihood,
or severe psychological pressure.</DELETED>
withholding of assistance to countries supporting nuclear plant in cuba
Sec. 565. (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).
(c) Definition.--As used in subsection (a), the term ``assistance''
means assistance under the Foreign Assistance Act of 1961, credits,
sales and guarantees of extensions of credit under the Arms Export
Control Act, assistance under titles I and III of the Agricultural
Trade Development and Assistance Act of 1954, assistance under the
FREEDOM Support Act of 1992, and any other program of assistance or
credits provided by the United States to other countries under other
provisions of law, except that the term ``assistance'' does not include
humanitarian assistance, including disaster relief assistance.
<DELETED>limitation on funds for haiti</DELETED>
<DELETED> Sec. 566. Effective March 1, 1996, none of the funds
appropriated in this Act may be made available to the Government of
Haiti when it is made known to the President that such Government is
controlled by a regime holding power through means other than the
democratic elections scheduled for calendar year 1995 and held in
substantial compliance with the requirements of the 1987 Constitution
of Haiti.</DELETED>
<DELETED>purchase of american-made equipment and products</DELETED>
<DELETED> Sec. 567. Sense of Congress.--It is the sense of the
Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available in this Act should be
American-made.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>limitation on assistance to turkey</DELETED>
<DELETED> Sec. 568. Not more than $21,000,000 of the funds
appropriated in this Act under the heading ``Economic Support Fund''
may be made available to the Government of Turkey.</DELETED>
<DELETED>limitation of funds for north american development
bank</DELETED>
<DELETED> Sec. 569. No funds appropriated in this Act, under the
heading ``North American Development Bank'' may be obligated or
expended unless it is made known to the Federal entity or official to
which funds are appropriated under this Act that the Government of
Mexico has contributed a share of the paid-in portion of the capital
stock for fiscal year 1996 equivalent to that appropriated by the
United States.</DELETED>
limitation on funds for burma
Sec. 570. None of the funds made available in this Act may be used
for International Narcotics Control or Crop Substitution Assistance for
the Government of Burma.
asian development bank
Sec. 570A. The Secretary of the Treasury may, to fulfill
commitments of the United States, subscribe to and make payment for
shares of the Asian Development Bank in connection with the fourth
general capital increase of the Bank. The amount authorized to be
appropriated for paid-in shares of the Bank is limited to $66,614,647;
the amount authorized to be appropriated for payment for callable
shares of the Bank is limited to $3,264,178,021. The amount to be paid
in respect of each subscription is authorized to be appropriated
without fiscal year limitation. Any subscription by the United States
to the capital stock of the Bank shall be effective only to such extent
or in such amounts as are provided in advance in appropriations Acts.
special debt relief for the poorest
Sec. 570B. (a) Authority to Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961; or
(2) credits extended or guarantees issued under the Arms
Export Control Act.
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act
under the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
purposes of any provision of law limiting assistance to a country. The
authority provided by subsection (a) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961.
<DELETED>limitation on funds for russia</DELETED>
<DELETED> Sec. 571. Of the funds appropriated in this Act under the
heading ``Assistance for the New Independent States of the Former
Soviet Union'', not more than $195,000,000 may be made available for
Russia.</DELETED>
<DELETED>limitation on assistance to mexico</DELETED>
<DELETED> Sec. 572. In General.--None of the funds appropriated or
otherwise made available by this Act may be obligated or expended for
the Government of Mexico, except if it is made known to the Federal
entity or official to which funds are appropriated under this Act
that--</DELETED>
<DELETED> (1) the Government of Mexico is taking actions to
reduce the amount of illegal drugs entering the United States
from Mexico, as determined by the Director of the Office of
National Drug Control Policy; and</DELETED>
<DELETED> (2) the Government of Mexico--</DELETED>
<DELETED> (A) is taking effective actions to apply
vigorously all law enforcement resources to
investigate, track, capture, incarcerate, and prosecute
illegal drug kingpins and their accomplices,
individuals responsible for, or otherwise involved in,
corruption, and individuals involved in money-
laundering; and</DELETED>
<DELETED> (B) is pursuing international anti-drug
trafficking initiatives.</DELETED>
<DELETED>human rights progress in ethiopia</DELETED>
<DELETED> Sec. 573. The Department of State should closely monitor
and take into account human rights progress in Ethiopia as it obligates
fiscal year 1996 funds for Ethiopia appropriated in this Act.</DELETED>
<DELETED>basic education for children</DELETED>
<DELETED> Sec. 574. Not more than $108,000,000 under the Agency for
International Development Children and Disease Programs Fund may be
used for basic education for children.</DELETED>
korean peninsula energy development organization
Sec. 575. No funds may be made available under this Act to the
Korean Peninsula Energy Development Organization (KEDO) unless the
President determines and certifies in writing to the Committees on
Appropriations that--
(a) in accordance with Provision I of the Framework
Agreement, KEDO has concluded a supply contract with the
Democratic People's Republic of Korea (DPRK) designating a
Republic of Korea company, corporation or entity the prime
contractor to carry out construction of the light water
reactors provided for in the Framework Agreement; and
(b) the DPRK has complied with the obligations of Provision
III of the Framework Agreement regarding North-South dialogue
including within three months after the enactment of this Act:
(1) eliminating North-South barriers to trade and investment;
(2) removing North-South restrictions on travel,
telecommunications services and financial transactions; and (3)
implementing the December 13, 1991, Nonaggression Pact and the
January 1, 1992, Joint Declaration for a Non-Nuclear Korean
Peninsula.
drawdown authority for jordan
Sec. 576. During fiscal year 1996, the President may direct, for
the purposes of part II of the Foreign Assistance Act of 1961, the
drawdown for Jordan of defense articles from the stocks of the
Department of Defense, defense services of the Department of Defense,
and military education and training of up to an aggregate of
$100,000,000: Provided, That--
(a) within six months of the last drawdown under subsection
(a), the President shall submit a report to the Committee on
Appropriations identifying the articles, services, training or
education provided;
(b) section 506(c) of the Foreign Assistance Act of 1961
shall apply to the drawdown authority in this section; and
(c) section 632(d) of the Foreign Assistance Act of 1961
shall not apply with respect to drawdowns under this section.
TITLE VI--MIDDLE EAST PEACE FACILITATION ACT OF 1995
short title
Sec. 601. This title may be cited as the ``Middle East Peace
Facilitation Act of 1995''.
findings
Sec. 602. The Congress finds that--
(1) the Palestine Liberation Organization (hereafter the
``P.L.O.'') has recognized the State of Israel's right to exist
in peace and security; accepted United Nations Security Council
Resolutions 242 and 338; committed itself to the peace process
and peaceful coexistence with Israel, free from violence and
all other acts which endanger peace and stability; and assumed
responsibility over all P.L.O. elements and personnel in order
to assure their compliance, prevent violations, and discipline
violators;
(2) Israel has recognized the P.L.O. as the representative
of the Palestinian people;
(3) Israel and the P.L.O. signed a Declaration of
Principles on Interim Self-Government Arrangements (hereafter
the ``Declaration of Principles'') on September 13, 1993 at the
White House;
(4) Israel and the P.L.O. signed an Agreement on the Gaza
Strip and the Jericho Area (hereafter the ``Gaza-Jericho
Agreement'') on May 4, 1994 which established a Palestinian
Authority for the Gaza and Jericho areas;
(5) Israel and the P.L.O. signed an Agreement on
Preparatory Transfer of Powers and Responsibilities (hereafter
the ``Early Empowerment Agreement'') on August 29, 1994 which
provided for the transfer to the Palestinian Authority of
certain powers and responsibilities in the West Bank outside of
the Jericho Area;
(6) under the terms of the Declaration of Principles, the
Gaza-Jericho Agreement and the Early Empowerment Agreement, the
powers and responsibilities of the Palestinian Authority are to
be assumed by an elected Palestinian Council with jurisdiction
in the West Bank and Gaza Strip in accordance with the Interim
Agreement to be concluded between Israel and the P.L.O.;
(7) permanent status negotiations relating to the West Bank
and Gaza Strip are scheduled to begin by May 1996;
(8) the Congress has, since the conclusion of the
Declaration of Principles and the P.L.O.'s renunciation of
terrorism, provided authorities to the President to suspend
certain statutory restrictions relating to the P.L.O., subject
to Presidential certifications that the P.L.O. has continued to
abide by commitments made in and in connection with or
resulting from the good faith implementation of, the
Declaration of Principles;
(9) the P.L.O. commitments relevant to Presidential
certifications have included commitments to renounce and
condemn terrorism, to submit to the Palestinian National
Council for formal approval the necessary changes to those
articles of the Palestinian Covenant which call for Israel's
destruction, and to prevent acts of terrorism and hostilities
against Israel; and
(10) the President, in exercising the aforementioned
authorities, has certified to the Congress on four occasions
that the P.L.O. was abiding by its relevant commitments.
sense of congress
Sec. 603. It is the sense of the Congress that although the P.L.O.
has recently shown improvement in its efforts to fulfill its
commitments, it must do far more to demonstrate an irrevocable
denunciation of terrorism and ensure a peaceful settlement of the
Middle East dispute, and in particular it must--
(1) submit to the Palestine National Council for formal
approval the necessary changes to those articles of the
Palestinian National Covenant which call for Israel's
destruction;
(2) make greater efforts to pre-empt acts of terror, to
discipline violators and to contribute to stemming the violence
that has resulted in the deaths of 123 Israeli citizens since
the signing of the Declaration of Principles;
(3) prohibit participation in its activities and in the
Palestinian Authority and its successors by any groups or
individuals which continue to promote and commit acts of
terrorism;
(4) cease all anti-Israel rhetoric, which potentially
undermines the peace process;
(5) confiscate all unlicensed weapons and restrict the
issuance of licenses to those with legitimate need;
(6) transfer and cooperate in transfer proceedings relating
to any person accused by Israel to acts of terrorism; and
(7) respect civil liberties, human rights and democratic
norms.
authority to suspend certain provisions
Sec. 604. (a) In General.--Subject to subsection (b), beginning on
the date of enactment of this Act and for 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. continues to comply with all the
commitments described in paragraph (4); and
(C) funds provided pursuant to the exercise of this
authority and the authorities under section 583(a) of
Public Law 103-236 and section 3(a) of Public Law 103-
125 have been used for the purposes for which they were
intended.
(3) Requirement for continuing p.l.o. compliance.--
(A) The President shall ensure that P.L.O.
performance is continuously monitored and if the
President at any time determines that the P.L.O. has
not continued to comply with all the commitments
described in paragraph (4), he shall so notify the
relevant congressional committees and any suspension
under subsection (a) of a provision of law specified in
subsection (d) shall cease to be effective.
(B) Beginning six months after the date of
enactment of this Act, if the President on the basis of
the continuous monitoring of the P.L.O.'s performance
determines that the P.L.O. is not complying with the
requirements described in subsection (c), he shall so
notify the relevant congressional committees and no
assistance shall be provided pursuant to the exercise
by the President of the authority provided by
subsection (a) until such time as the President makes
the certification provided for in subsection (c).
(4) P.L.O. commitments described.--The commitments referred
to in paragraphs (2) and (3)(A) are the commitments made by the
P.L.O.--
(A) in its letter of September 9, 1993, to the
Prime Minister of Israel; in its letter of September 9,
1993, to the Foreign Minister of Norway to--
(i) recognize the right of the State of
Israel to exist in peace and security;
(ii) accept United Nations Security Council
Resolutions 242 and 338;
(iii) renounce the use of terrorism and
other acts of violence;
(iv) assume responsibility over all P.L.O.
elements and personnel in order to assure their
compliance, prevent violations and discipline
violators;
(v) call upon the Palestinian people in the
West Bank and Gaza Strip to take part in the
steps leading to the normalization of life,
rejecting violence and terrorism, and
contributing to peace and stability; and
(vi) submit to the Palestine National
Council for formal approval the necessary
changes to the Palestnian National Covenant
eliminating calls for Israel's destruction, and
(B) in, and resulting from, the good faith
implementation of the Declaration of Principles,
including good faith implementation of subsequent
agreements with Israel, with particular attention to
the objective of preventing terrorism, as reflected in
the provisions of the Gaza-Jericho Agreement
concerning--
(i) prevention of acts of terrorism and
legal measures against terrorists;
(ii) abstention from and prevention of
incitement, including hostile propaganda;
(iii) operation of armed forces other than
the Palestinian Police;
(iv) possession, manufacture, sale,
acquisition or importation of weapons;
(v) employment of police who have been
convicted of serious crimes or have been found
to be actively involved in terrorist activities
subsequent to their employment;
(vi) transfers to Israel of individuals
suspected of, charged with, or convicted of an
offense that falls within Israeli criminal
jurisdiction;
(vii) cooperation with the government of
Israel in criminal matters, including
cooperation in the conduct of investigations;
and
(viii) exercise of powers and
responsibilities under the agreement with due
regard to internationally accepted norms and
principles of human rights and the rule of law.
(5) Policy justification.--As part of the President's
written policy justification to be submitted to the relevant
Congressional Committees pursuant to paragraph (1), the
President will report on--
(A) the manner in which the P.L.O. has complied
with the commitments specified in paragraph (4),
including responses to individual acts of terrorism and
violence, actions to discipline perpetrators of terror
and violence, and actions to preempt acts of terror and
violence;
(B) the extent to which the P.L.O. has fulfilled
the requirements specified in subsection (c);
(C) actions that the P.L.O. has taken with regard
to the Arab League boycott of Israel;
(D) the status and activities of the P.L.O. office
in the United States; and
(E) the status of U.S. and international assistance
efforts in the areas subject to jurisdiction of the
Palestinian Authority or its successors.
(c) Requirement for Continued Provision of Assistance.--Six months
after the enactment of this Act, no assistance shall be provided
pursuant to the exercise by the President of the authority provided by
subsection (a), unless and until the President determines and so
certifies to the Congress that--
(1) if the Palestinian Council has been elected and assumed
its responsibilities, it has, within a reasonable time,
effectively disavowed the articles of the Palestine National
Covenant which call for Israel's destruction, unless the
necessary changes to the Covenant have already been submitted
to the Palestine National Council for formal approval;
(2) the P.L.O. has exercised its authority resolutely to
establish the necessary enforcement institutions; including
laws, police, and a judicial system, for apprehending,
prosecuting, convicting, and imprisoning terrorists;
(3) the P.L.O. has limited participation in the Palestinian
Authority and its successors to individuals and groups in
accordance with the terms that may be agreed with Israel;
(4) the P.L.O. has not provided any financial or material
assistance or training to any group, whether or not affiliated
with the P.L.O., to carry out actions inconsistent with the
Declaration of Principles, particularly acts of terrorism
against Israel;
(5) the P.L.O. has cooperated in good faith with Israeli
authorities in the preemption of acts of terrorism and in the
apprehension and trial of perpetrators of terrorist acts in
Israel, territories controlled by Israel and all areas subject
to jurisdiction of the Palestinian Authority and its
successors; and
(6) the P.L.O. has exercised its authority resolutely to
enact and implement laws requiring the disarming of civilians
not specifically licensed to possess or carry weapons.
(d) Provisions That May Be Suspended.--The provisions that may be
suspended under the authority of subsection (a) are the following:
(1) Section 307 of the Foreign Assistance Act of 1961 (22
U.S.C. 2227) as it applies with respect to the P.L.O. or
entities associated with it.
(2) Section 114 of the Department of State Authorization
Act, fiscal years 1984 and 1985 (22 U.S.C. 287e note) as it
applies with respect to the P.L.O. or entities associated with
it.
(3) Section 1003 of the Foreign Relations Authorization
Act, fiscal years 1988 and 1989 (22 U.S.C. 5202).
(4) Section 37 of the Bretton Woods Agreement Act (22
U.S.C. 286W) as it applies on the granting to the P.L.O. of
observer status or other official status at any meeting
sponsored by or associated with the International Monetary
Fund. As used in this paragraph, the term ``other official
status'' does not include membership in the International
Monetary Fund.
(e) Relevant Congressional Committees Defined.--As used in this
title, the term ``relevant congressional committees'' means--
(1) the Committee on International Relations, the Committee
on Banking and Financial Services, and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996''.
Passed the House of Representatives July 11, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
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