[104th Congress Public Law 107]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ107.104]
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 1996
[[Page 110 STAT. 704]]
Public Law 104-107
104th Congress
An Act
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 1996, and for
other purposes. <<NOTE: Feb. 12, 1996 - [H.R. 1868]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1996.>> That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1996, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
export-import bank of the united states
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country other than a nuclear-
weapon State as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act that has detonated a nuclear
explosive after the date of enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $786,551,000 to remain available until September 30,
1997: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such sums shall remain available
until 2010 for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 1996 and 1997:
Provided further, That up to $100,000,000 of funds appropriated by this
paragraph shall remain available until expended and may be used for
tied-aid grant purposes: Provided further, That none of the funds
appropriated by this paragraph may be used for tied-aid credits or
grants except through the regular notification procedures of the Commit
[[Page 110 STAT. 705]]
tees on Appropriations: Provided further, That funds appropriated by
this paragraph are made available notwithstanding section 2(b)(2) of the
Export-Import Bank Act of 1945, in connection with the purchase or lease
of any product by any East European country, any Baltic State, or any
agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs (to be computed on an accrual basis),
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, and not to exceed $20,000 for official reception and
representation expenses for members of the Board of Directors,
$45,614,000: Provided, That necessary expenses (including special
services performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys owed the
Export-Import Bank, repossession or sale of pledged collateral or other
assets acquired by the Export-Import Bank in satisfaction of moneys owed
the Export-Import Bank, or the investigation or appraisal of any
property, or the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or insurance
commitment has been made, shall be considered nonadministrative expenses
for the purposes of this heading: Provided further, <<NOTE: Termination
date. 12 USC 635a note.>> That, notwithstanding subsection (b) of
section 117 of the Export Enhancement Act of 1992, subsection (a)
thereof shall remain in effect until October 1, 1996.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $26,000,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $72,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made during
fiscal years 1996 and 1997: Provided further, That such sums shall
remain available through fiscal year 2003 for the disbursement of direct
and guaranteed loans obligated in fiscal
[[Page 110 STAT. 706]]
year 1996, and through fiscal year 2004 for the disbursement of direct
and guaranteed loans obligated in fiscal year 1997. In addition, such
sums as may be necessary for administrative expenses to carry out the
credit program may be derived from amounts available for administrative
expenses to carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged with said
account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $40,000,000: Provided, That the
Trade and Development Agency may receive reimbursements from
corporations and other entities for the costs of grants for feasibility
studies and other project planning services, to be deposited as an
offsetting collection to this account and to be available for obligation
until September 30, 1997, for necessary expenses under this paragraph:
Provided further, That such reimbursements shall not cover, or be
allocated against, direct or indirect administrative costs of the
agency.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 1996, unless otherwise
specified herein, as follows:
agency for international development
child survival and disease programs
Of the funds appropriated in title II of this Act, and under the
heading ``International Organizations and Programs'' in title IV of this
Act, not less than $484,000,000 shall be made available for programs for
child survival, assistance to combat tropical and other diseases, and
related activities: Provided, <<NOTE: AIDS.>> That this amount shall be
made available for such activities as (1) immunization programs, (2)
oral rehydration programs, (3) health and nutrition programs, and
related education programs, which address the needs of mothers and
children, (4) water and sanitation programs, (5) assistance for
displaced and orphaned children, (6) programs for the prevention,
treatment, and control of, and research on, tuberculosis, HIV/AIDS,
polio, malaria and other diseases, and (7) a contribution on a grant
basis to the United Nations Children's Fund (UNICEF).
development assistance
(including transfer of funds)
For necessary expenses to carry out the provisions of sections 103
through 106 and chapter 10 of part I of the Foreign Assistance Act of
1961, title V of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533) and the provisions
[[Page 110 STAT. 707]]
of section 401 of the Foreign Assistance Act of 1969, $1,675,000,000, to
remain available until September 30, 1997: Provided, That of the amount
appropriated under this heading, up to $20,000,000 may be made available
for the Inter-American Foundation and shall be apportioned directly to
that agency: Provided further, That of the amount appropriated under
this heading, up to $11,500,000 may be made available for the African
Development Foundation and shall be apportioned directly to that agency:
Provided further, That of the funds appropriated under title II of this
Act that are administered by the Agency for International Development
and made available for family planning assistance, not less than 65
percent shall be made available directly to the agency's central Office
of Population and shall be programmed by that office for family planning
activities: Provided further, <<NOTE: President. Africa.>> That the
President shall seek to ensure that funds made available under this
heading for sub-Saharan Africa are in substantially the same proportion
to the total amount appropriated and made available by this Act for
development assistance as the proportion of funds made available for
development assistance for sub-Saharan Africa was to the total amount
appropriated for development assistance in Public Law 103-306: Provided
further, That up to $25,000,000 of the funds appropriated under this
heading may be made available for necessary expenses to carry out the
provisions of section 667 of the Foreign Assistance Act: Provided
further, <<NOTE: President. Voluntary organizations.>> That the
President shall seek to ensure that the percentage of funds made
available under this heading for the activities of private and voluntary
organizations and cooperatives is at least equal to the percentage of
funds made available pursuant to corresponding authorities in law for
the activities of private and voluntary organizations and cooperatives
in fiscal year 1995: Provided further
<<NOTE: Abortion. Sterilization.>> That none of the funds made available
in this Act nor any unobligated balances from prior appropriations may
be made available to any organization or program which, as determined by
the President of the United States, supports or participates in the
management of a program of coercive abortion or involuntary
sterilization: Provided further, That none of the funds made available
under this heading may be used to pay for the performance of abortion as
a method of family planning or to motivate or coerce any person to
practice abortions; and that in order to reduce reliance on abortion in
developing nations, funds shall be available only to voluntary family
planning projects which offer, either directly or through referral to,
or information about access to, a broad range of family planning methods
and services: Provided further, That in awarding grants for natural
family planning under section 104 of the Foreign Assistance Act of 1961
no applicant shall be discriminated against because of such applicant's
religious or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That for
purposes of this or any other Act authorizing or appropriating funds for
foreign operations, export financing, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided further,
That nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That, notwithstanding section
109 of
[[Page 110 STAT. 708]]
the Foreign Assistance Act of 1961, of the funds appropriated under this
heading not to exceed a total of $30,000,000 may be transferred to
``International Organizations and Programs'' for a contribution to the
International Fund for Agricultural Development (IFAD), and that any
such transfer of funds shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
not less than $650,000 of the funds made available under this heading
should be made available for support of the United States
Telecommunications Training Institute.
cyprus
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than $15,000,000
shall be made available for Cyprus to be used only for scholarships,
administrative support of the scholarship program, bicommunal projects,
and measures aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two communities
on Cyprus.
burma
Of the funds appropriated by this Act to carry out the provisions
of chapter 8 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, not less than $2,380,000 shall be made available
to support activities in Burma, along the Burma-Thailand border, and for
activities of Burmese student groups and other organizations located
outside Burma, for the purposes of fostering democracy in Burma,
supporting the provision of medical supplies and other humanitarian
assistance to Burmese located in Burma or displaced Burmese along the
borders, and for other purposes: Provided, That of this amount, not less
than $200,000 shall be made available to support newspapers,
publications, and other media activities promoting democracy inside
Burma: Provided further, That of this amount, not less than $380,000
shall be made available for crop substitution activities in cooperation
with the Kachin people of Burma: Provided further, That funds made
available under this heading may be made available notwithstanding any
other provision of law: Provided further, That provision of such funds
shall be made available subject to the regular notification procedures
of the Committees on Appropriations.
private and voluntary organizations
None of the funds appropriated or otherwise made <<NOTE: 22 USC
2151u note.>> 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.
[[Page 110 STAT. 709]]
Funds appropriated or otherwise made available under title II of
this Act should be made available to private and voluntary organizations
at a level which is equivalent to the level provided in fiscal year
1995. Such private and voluntary organizations shall include those which
operate on a not-for-profit basis, receive contributions from private
sources, receive voluntary support from the public and are deemed to be
among the most cost-effective and successful providers of development
assistance.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491 of
the Foreign Assistance Act of 1961, as amended, $181,000,000, to remain
available until expended.
humanitarian assistance to the former yugoslavia
Of the funds appropriated in title II of this Act, $40,000,000
should be available only for emergency humanitarian assistance to the
former Yugoslavia, of which amount not less than $6,000,000 shall be
available only for humanitarian assistance to Kosova.
debt restructuring
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying direct loans and loan guarantees, as the
President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing, or
canceling amounts, through debt buybacks and swaps, owed to the United
States as a result of concessional loans made to eligible Latin American
and Caribbean countries, pursuant to part IV of the Foreign Assistance
Act of 1961, $10,000,000, to remain available until expended.
micro and small enterprise development program account
For the subsidy cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign Assistance Act
of 1961, as amended: Provided, That such costs shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That guarantees of loans made under this heading in support of
microenterprise activities may guarantee up to 70 percent of the
principal amount of any such loans notwithstanding section 108 of the
Foreign Assistance Act of 1961. In addition, for administrative expenses
to carry out programs under this heading, $500,000, all of which may be
transferred to and merged with the appropriation for Operating Expenses
of the Agency for International Development: Provided further, That
funds made available under this heading shall remain available until
September 30, 1997.
housing guaranty program account
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of guaranteed loans authorized by sections 221 and 222 of
the Foreign Assistance Act of 1961, $4,000,000, to remain available
until September 30, 1997: Provided, That these
[[Page 110 STAT. 710]]
funds are available to subsidize loan principal, 100 percent of which
shall be guaranteed, pursuant to the authority of such sections. In
addition, for administrative expenses to carry out guaranteed loan
programs, $7,000,000, all of which may be transferred to and merged with
the appropriation for Operating Expenses of the Agency for International
Development: Provided further, That commitments to guarantee loans under
this heading may be entered into notwithstanding the second and third
sentences of section 222(a) and, with regard to programs for Eastern
Europe and programs for the benefit of South Africans disadvantaged by
apartheid, section 223(j) of the Foreign Assistance Act of 1961:
Provided further, That none of the funds appropriated under this heading
shall be obligated except through the regular notification procedures of
the Committees on Appropriations.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $43,914,000.
operating expenses of the agency for international development
For necessary expenses to carry out the provisions of section 667,
$465,750,000: Provided, That of this amount not more than $1,475,000 may
be made available to pay for printing costs: Provided further, That none
of the funds appropriated by this Act for programs administered by the
Agency for International Development (AID) may be used to finance
printing costs of any report or study (except feasibility, design, or
evaluation reports or studies) in excess of $25,000 without the approval
of the Administrator of the Agency or the Administrator's designee:
Provided further, That notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this Act may be
made available for expenses necessary to relocate the Agency for
International Development, or any part of that agency, to the building
at the Federal Triangle in Washington, District of Columbia.
operating expenses of the agency for international development office of
inspector general
For necessary expenses to carry out the provisions of section 667,
$30,200,000, to remain available until September 30, 1997, which sum
shall be available for the Office of the Inspector General of the Agency
for International Development.
Other Bilateral Economic Assistance
economic support fund <<NOTE: israel. egypt.>>
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,340,000,000, to remain available until September 30, 1997:
Provided, That of the funds appropriated under this heading, not less
than $1,200,000,000 shall be available only for Israel, which sum shall
be available on a grant basis as a cash transfer and shall be disbursed
within thirty days of enactment of this Act or by October 31, 1995,
whichever is later: Provided
[[Page 110 STAT. 711]]
further, That not less than $815,000,000 shall be available only for
Egypt, which sum shall be provided on a grant basis, and of which sum
cash transfer assistance may be provided, with the understanding that
Egypt will undertake significant economic reforms which are additional
to those which were undertaken in previous fiscal years, and of which
not less than $200,000,000 shall be provided as Commodity Import Program
assistance: Provided further, That the Egyptian pound equivalent of
$85,000,000 generated from funds made available by this paragraph or
generated from funds appropriated under this heading in prior
appropriations Acts, may be made available to the United States pursuant
to the United States-Egypt Economic, Technical and Related Assistance
Agreements of 1978, for the following activities under such Agreements:
the Egyptian pound equivalent of $50,000,000 may be made available to
replenish the existing endowment for the American University in Cairo,
and the Egyptian pound equivalent of $35,000,000 may be made available
for projects and programs, including establishment of an endowment,
which promote the preservation and restoration of Egyptian
antiquities: <<NOTE: President.>> Provided further, That in exercising
the authority to provide cash transfer assistance for Israel and Egypt,
the President shall ensure that the level of such assistance does not
cause an adverse impact on the total level of non-military exports from
the United States to each such country: Provided further, That it is the
sense of the Congress that the recommended levels of assistance for
Egypt and Israel are based in great measure upon their continued
participation in the Camp David Accords and upon the Egyptian-Israeli
peace treaty: Provided further, That none of the funds appropriated
under this heading shall be made available for Zaire.
international fund for ireland
For necessary expenses to carry out the provisions of part I of the
Foreign Assistance Act of 1961, up to $19,600,000, which shall be
available for the United States contribution to the International Fund
for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 1997.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $324,000,000, to remain available until
September 30, 1997, which shall be available, notwithstanding any other
provision of law, for economic assistance and for related programs for
Eastern Europe and the Baltic States.
(b) Funds appropriated under this heading or in prior appropriations
Acts that are or have been made available for an Enterprise Fund may be
deposited by such Fund in interest-bearing accounts prior to the Fund's
disbursement of such funds for program purposes. The Fund may retain for
such program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States and without
further appropria
[[Page 110 STAT. 712]]
tion by the Congress. Funds made available for Enterprise Funds shall be
expended at the minimum rate necessary to make timely payment for
projects and activities.
(c) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act for the use of economic assistance.
assistance for the new independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of chapter 11
of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support
Act, for assistance for the new independent states of the former Soviet
Union and for related programs, $641,000,000, to remain available until
September 30, 1997: Provided, That the provisions of 498B(j) of the
Foreign Assistance Act of 1961 shall apply to funds appropriated by this
paragraph.
(b) None of the funds appropriated under this heading shall be
transferred to the Government of Russia--
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, negotiating repayment of
commercial debt, respect for commercial contracts, and equitable
treatment of foreign private investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
(c) Funds may be furnished without regard to subsection (b) if the
President determines that to do so is in the national interest.
(d) <<NOTE: 22 USC 5814 note.>> None of the funds appropriated under
this heading shall be made available to any government of the new
independent states of the former Soviet Union if that government directs
any action in violation of the territorial integrity or national
sovereignty of any other new independent state, such as those violations
included in the Helsinki Final Act: Provided, That such funds may be
made available without regard to the restriction in this subsection if
the President determines that to do so is in the national security
interest of the United States: Provided further, That the restriction of
this subsection shall not apply to the use of such funds for the
provision of assistance for purposes of humanitarian, disaster and
refugee relief.
(e) None of the funds appropriated under this heading for the new
independent states of the former Soviet Union shall be made available
for any state to enhance its military capability: Provided, That this
restriction does not apply to demilitarization or nonproliferation
programs.
(f) Funds appropriated under this heading shall be subject to the
regular notification procedures of the Committees on Appropriations.
(g) Funds made available in this Act for assistance to the new
independent states of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(h) Funds appropriated under this heading may be made available for
assistance for Mongolia.
(i) Funds made available in this Act for assistance to the new
independent states of the former Soviet Union shall be provided
[[Page 110 STAT. 713]]
to the maximum extent feasible through the private sector, including
small- and medium-size businesses, entrepreneurs, and others with
indigenous private enterprises in the region, intermediary development
organizations committed to private enterprise, and private voluntary
organizations: Provided, That grantees and contractors should, to the
maximum extent possible, place in key staff positions specialists with
prior on the ground expertise in the region of activity and fluency in
one of the local languages.
(j) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated under this heading or in prior
appropriations Acts, for projects or activities that have as one of
their primary purposes the fostering of private sector development, the
Coordinator for United States Assistance to the New Independent States
and the implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
(k) Of the funds made available under this heading, not less than
$225,000,000 shall be made available for Ukraine, with the understanding
that Ukraine will undertake significant economic reforms which are
additional to those which were undertaken in previous fiscal years, and
of which not less than $50,000,000 (from this or any other Act) shall be
made available to improve energy self-sufficiency and improve safety at
nuclear reactors, and of which $2,000,000 should be made available to
conduct or implement an assessment of the energy distribution grid that
provides recommendations leading to increased access to power by
industrial, commercial and residential users, and of which not less than
$22,000,000 shall be made available to support the development of small
and medium enterprises, including independent broadcast and print media.
(l) Of the funds made available under this heading, $5,000,000
should be made available for a project to screen, diagnose, and treat
victims of breast cancer associated with the 1985 incident at the
Chernobyl reactor in Ukraine.
(m) Of the funds made available by this Act, not less than
$85,000,000 shall be made available for Armenia.
(n) Of the funds made available by this or any other Act,
$30,000,000 should be made available for Georgia.
(o)(1) <<NOTE: Effective date.>> Effective ninety days after the
date of enactment of this Act, none of the funds appropriated under this
heading may be made available for Russia unless the President determines
and certifies in writing to the Committees on Appropriations that the
Government of Russia has terminated implementation of arrangements to
provide Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor or related nuclear
research facilities or programs.
(2) Subparagraph (1) shall not apply if the President determines
that making such funds available is important to the national security
interest of the United States. Any such determination shall cease to be
effective six months after being made unless the President determines
that its continuation is important to the national security interest of
the United States.
(p) Of the funds appropriated under this heading, $20,000,000 should
be provided for hospital partnership programs, medical assistance to
directly reduce the incidence of infectious diseases
[[Page 110 STAT. 714]]
such as diphtheria or tuberculosis, and a program to reduce the adverse
impact of contaminated drinking water.
(q) Of the funds appropriated under this heading and under the
heading ``Assistance for Eastern Europe and the Baltic States'', not
less than $12,600,000 shall be made available for law enforcement
training and exchanges, and investigative and technical assistance
activities related to international criminal activities.
(r) Support should be provided from funds appropriated under this
heading for a ballot security project to promote public review by
Russian citizens over the conduct of parliamentary and presidential
elections in Russia: Provided, That the Secretary of State may waive
this provision with regard to any election upon notification to the
Committees on Appropriations that the Government of Russia has blocked
implementation of a ballot security project.
(s) Of the funds appropriated under this heading, not less than
$50,000,000 should be provided to the Western NIS and Central Asian
Enterprise Funds: Provided, That obligation of these funds shall be
consistent with sound business practices.
(t) <<NOTE: President. 22 USC 2295b note.>> The President shall
establish a Trans-Caucasus Enterprise Fund to encourage regional peace
through economic cooperation: Provided, That the President shall seek
other bilateral and multilateral investors in the Fund: Provided
further, That of the funds made available under this heading, not less
than $15,000,000 shall be made available for a United States investment
in the Trans-Caucasus Enterprise Fund.
(u) Funds appropriated under this heading or in prior appropriations
Acts that are or have been made available for an Enterprise Fund may be
deposited by such Fund in interest-bearing accounts prior to the
disbursement of such funds by the Fund for program purposes. The Fund
may retain for such program proposes any interest earned on such
deposits without returning such interest to the Treasury of the United
States and without further appropriation by the Congress. Funds made
available for Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
(v) Section 5421(d)(3)(B) of title 22, United States Code, is
amended by adding at the end thereof the following: ``: Provided, That,
as to Enterprise Funds established with respect to more than one host
country, such Enterprise Fund may, in lieu of the appointment of
citizens of the host countries to its Board of Directors, establish an
advisory council for the host region comprised of citizens of each of
the host countries or establish separate advisory councils for each of
the host countries (hereinafter in this section referred to as the
`Advisory Councils'), with which the Enterprise Fund's policies and
proposed activities and such host country citizens shall satisfy the
experience and expertise requirements of this clause.''.
(w) Notwithstanding any other provision of law, assistance may be
provided for the Government of Azerbaijan for humanitarian purposes, if
the President determines that humanitarian assistance provided in
Azerbaijan through nongovernmental organizations is not adequately
addressing the suffering of refugees and internally displaced persons.
[[Page 110 STAT. 715]]
Independent Agency
peace corps
For expenses necessary to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $205,000,000, including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for use
outside of the United States: Provided, <<NOTE: Abortion.>> That none
of the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That funds appropriated under this heading
shall remain available until September 30, 1997.
Department of State
international narcotics control
For necessary expenses to carry out the provisions of section 481 of
the Foreign Assistance Act of 1961, $115,000,000: Provided, That during
fiscal year 1996, the Department of State may also use the authority of
section 608 of the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive non-lethal excess property from an agency of
the United States Government for the purpose of providing it to a
foreign country under chapter 8 of part I of that Act subject to the
regular notification procedures of the Committees on Appropriations.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United States Code,
$671,000,000: Provided, That not more than $12,000,000 shall be
available for administrative expenses: Provided further, That not less
than $80,000,000 shall be made available for refugees from the former
Soviet Union and Eastern Europe and other refugees resettling in Israel.
refugee resettlement assistance
For necessary expenses for the targeted assistance program
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 and
administered by the Office of Refugee Resettlement of the Department of
Health and Human Services, in addition to amounts otherwise available
for such purposes, $5,000,000.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as
[[Page 110 STAT. 716]]
amended (22 U.S.C. 260(c)), $50,000,000, to remain available until
expended: Provided, That the funds made available under this heading are
appropriated notwithstanding the provisions contained in section 2(c)(2)
of the Migration and Refugee Assistance Act of 1962 which would limit
the amount of funds which could be appropriated for this purpose.
anti-terrorism assistance
For necessary expenses to carry out the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961, $16,000,000.
nonproliferation and disarmament fund
For necessary expenses for a ``Nonproliferation and Disarmament
Fund'', $20,000,000, to remain available until expended, to promote
bilateral and multilateral activities: Provided, That such funds may be
used pursuant to the authorities contained in section 504 of the FREEDOM
Support Act: Provided further, That such funds may also be used for such
countries other than the new independent states of the former Soviet
Union and international organizations when it is in the national
security interest of the United States to do so: Provided further, That
funds appropriated under this heading may be made available
notwithstanding any other provision of law: Provided further, That funds
appropriated under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $39,000,000: Provided, That up to
$100,000 of the funds appropriated under this heading may be made
available for grant financed military education and training for any
high income country on the condition that that country agrees to fund
from its own resources the transportation cost and living allowances of
its students: Provided further, That the civilian personnel for whom
military education and training may be provided under this heading may
also include members of national legislatures who are responsible for
the oversight and management of the military, and may also include
individuals who are not members of a government: Provided further, That
none of the funds appropriated under this heading shall be available for
Zaire and Guatemala: Provided further, That funds appropriated under
this heading for grant financed military education and training for
Indonesia may only be available for expanded military education and
training.
foreign military financing program
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$3,208,390,000: Provided, That of the funds appropriated by this
paragraph not less than $1,800,000,000 shall be available for grants
only for Israel, and not less than $1,300,000,000 shall be
[[Page 110 STAT. 717]]
available for grants only for Egypt: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed within
thirty days of enactment of this Act or by October 31, 1995, whichever
is later: Provided further, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants made
available for Israel by this paragraph shall, as agreed by Israel and
the United States, be available for advanced weapons systems, of which
not less than $475,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That funds made available under this
paragraph shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further, That, for
the purpose only of providing support for the Warsaw Initiative Program,
of the funds appropriated by this Act under the headings ``Assistance
for Eastern Europe and the Baltic States'' and ``Assistance for the New
Independent States of the Former Soviet Union'', up to a total of
$20,000,000 may be transferred, notwithstanding any other provision of
law, to the funds appropriated under this paragraph: Provided further,
That none of the funds made available under this heading shall be
available for any non-NATO country participating in the Partnership for
Peace Program except through the regular notification procedures of the
Committees on Appropriations.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of direct loans authorized by section 23 of the Arms Export
Control Act as follows: cost of direct loans, $64,400,000: Provided,
That these funds are available to subsidize gross obligations for the
principal amount of direct loans of not to exceed $544,000,000: Provided
further, That the rate of interest charged on such loans shall be not
less than the current average market yield on outstanding marketable
obligations of the United States of comparable maturities: Provided
further, That funds appropriated under this heading shall be made
available for Greece and Turkey only on a loan basis, and the principal
amount of direct loans for each country shall not exceed the following:
$224,000,000 only for Greece and $320,000,000 only for Turkey.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular notification procedures of section 515 of
this Act: Provided further, That funds made available under this heading
shall be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a): Provided
further, That none of the funds appropriated under this heading shall be
available for Zaire, Sudan, Peru, Liberia, and Guatemala: Provided
further, That none of the funds appropriated or otherwise made available
for use under this heading may be made available for Colombia or Bolivia
until the Secretary of State certifies that such funds will be used by
such country primarily for counternarcotics activities: Provided
further, That funds made available under this head
[[Page 110 STAT. 718]]
ing may be used, notwithstanding any other provision of law, for
demining activities, and may include activities implemented through
nongovernmental and international organizations: Provided further, That
not more than $100,000,000 of the funds made available under this
heading shall be available for use in financing the procurement of
defense articles, defense services, or design and construction services
that are not sold by the United States Government under the Arms Export
Control Act to countries other than Israel and Egypt: Provided further,
That only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services or design and construction services that are
not sold by the United States Government under the Arms Export Control
Act: Provided further, That, subject to the regular notification
procedures of the Committees on Appropriations, funds made available
under this heading for the cost of direct loans may also be used to
supplement the funds available under this heading for grants, and funds
made available under this heading for grants may also be used to
supplement the funds available under this heading for the cost of direct
loans: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That the Department
of Defense shall conduct during the current fiscal year nonreimbursable
audits of private firms whose contracts are made directly with foreign
governments and are financed with funds made available under this
heading (as well as subcontractors thereunder) as requested by the
Defense Security Assistance Agency: Provided further, That not more than
$23,250,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales: Provided further, That not more than $355,000,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department of Defense
during fiscal year 1996 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $70,000,000: Provided, That none of
the funds appropriated under this paragraph shall be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
[[Page 110 STAT. 719]]
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
International Financial Institutions
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
share of the paid-in share portion of the increases in capital stock for
the General Capital Increase, $28,189,963, to remain available until
expended: Provided, That not more than twenty-one days prior to the
obligation of each such sum, the Secretary shall submit a certification
to the Committees on Appropriations that the Bank has not approved any
loans to Iran since October 1, 1994, or the President of the United
States certifies that withholding of these funds is contrary to the
national interest of the United States.
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
contribution to the Global Environment Facility (GEF), $35,000,000, to
remain available until September 30, 1997.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share of
increases in capital stock in an amount not to exceed $911,475,013.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $700,000,000, for the United States
contribution to the tenth replenishment, to remain available until
expended.
contribution to the international finance corporation
For payment to the International Finance Corporation by the
Secretary of the Treasury, $60,900,000, for the United States share of
the increase in subscriptions to capital stock, to remain available
until expended: Provided, That of the amount appropriated under this
heading not more than $5,269,000 may be expended for the purchase of
such stock in fiscal year 1996.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury, for the United States share of the paid-in share
portion of the increase in capital stock, $25,952,110, and for the
United States share of the increase in the resources of the Fund for
Special Operations, $10,000,000, to remain available until expended.
[[Page 110 STAT. 720]]
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $1,523,767,142.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the Fund to be administered by the Inter-American
Development Bank, $53,750,000 to remain available until expended.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $13,221,596, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount not to
exceed $647,858,204.
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increases in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended (Public
Law 89-369), $100,000,000, to remain available until expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, $70,000,000, for the United States
share of the paid-in share portion of the initial capital subscription,
to remain available until expended: Provided, That of the amount
appropriated under this heading not more than $54,600,000 may be
expended for the purchase of such stock in fiscal year 1996.
limitation on callable capital subscriptions
The United States Governor of the European Bank for Reconstruction
and Development may subscribe without fiscal year limitation to the
callable capital portion of the United States share of such capital
stock in an amount not to exceed $163,333,333.
North American Development Bank
For payment to the North American Development Bank by the Secretary
of the Treasury, for the United States share of the
[[Page 110 STAT. 721]]
paid-in portion of the capital stock, $56,250,000, to remain available
until expended.
limitation on callable capital subscriptions
The United States Governor of the North American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of the capital stock of the North
American Development Bank in an amount not to exceed $318,750,000.
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $285,000,000:
Provided, That none of the funds appropriated under this heading shall
be made available for the United Nations Fund for Science and
Technology: Provided further, That funds appropriated under this heading
may be made available for the International Atomic Energy Agency only if
the Secretary of State determines (and so reports to the Congress) that
Israel is not being denied its right to participate in the activities of
that Agency: Provided further, That none of the funds appropriated under
this heading that are made available to the United Nations Population
Fund (UNFPA) shall be made available for activities in the People's
Republic of China: Provided further, That not more than $30,000,000 of
the funds appropriated under this heading may be made available to the
UNFPA: Provided further, <<NOTE: Reports.>> That not more than one-half
of this amount may be provided to UNFPA before March 1, 1996, and that
no later than February 15, 1996, the Secretary of State shall submit a
report to the Committees on Appropriations indicating the amount UNFPA
is budgeting for the People's Republic of China in 1996: Provided
further, That any amount UNFPA plans to spend in the People's Republic
of China in 1996 above $7,000,000, shall be deducted from the amount of
funds provided to UNFPA after March 1, 1996 pursuant to the previous
provisos: Provided further, That with respect to any funds appropriated
under this heading that are made available to UNFPA, UNFPA shall be
required to maintain such funds in a separate account and not commingle
them with any other funds: Provided further, That funds may be made
available to the Korean Peninsula Energy Development Organization (KEDO)
for administrative expenses and heavy fuel oil costs associated with the
Agreed Framework: Provided further, That no funds may be provided for
KEDO for funding for administrative expenses and heavy fuel oil costs
beyond the total amount included for KEDO in the fiscal year 1996
congressional presentation: Provided further, That no funds may be made
available under this Act to KEDO unless the President determines and
certifies in writing to the Committees on Appropriations that (a) in
accordance with section 1 of the Agreed Framework, KEDO has designated a
Republic of Korea company, corporation or entity for the purpose of
negotiating a prime contract to carry out construction of the light
water reactors provided for in the Agreed Framework; and (b) the
Democratic People's Republic of Korea is maintaining the freeze on its
nuclear facilities as required in the Agreed Framework; and (c) the
United States is taking steps to assure that progress is made on (1) the
North-South dia
[[Page 110 STAT. 722]]
logue, including efforts to reduce barriers to trade and investment,
such as removing restrictions on travel, telecommunications services and
financial transactions; and (2) implementation of the January 1, 1992,
Joint Declaration on the Denuclearization of the Korean Peninsula:
Provided further, <<NOTE: Reports.>> That a report on the specific
efforts with regard to subsections (a), (b) and (c) of the preceding
proviso shall be submitted by the President to the Committees on
Appropriations six months after the date of enactment of this Act, and
every six months thereafter.
TITLE V--GENERAL PROVISIONS
obligations during last month of availability
Sec. 501. Except for the appropriations entitled ``International
Disaster Assistance'', and ``United States Emergency Refugee and
Migration Assistance Fund'', not more than 15 per centum of any
appropriation item made available by this Act shall be obligated during
the last month of availability.
prohibition of bilateral funding for international financial
institutions
Sec. 502. None of the funds contained in title II of this Act may be
used to carry out the provisions of section 209(d) of the Foreign
Assistance Act of 1961.
limitation on residence expenses
Sec. 503. Of the funds appropriated or made available pursuant to
this Act, not to exceed $126,500 shall be for official residence
expenses of the Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
limitation on expenses
Sec. 504. Of the funds appropriated or made available pursuant to
this Act, not to exceed $5,000 shall be for entertainment expenses of
the Agency for International Development during the current fiscal year.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available pursuant to
this Act, not to exceed $95,000 shall be available for representation
allowances for the Agency for International Development during the
current fiscal year: Provided, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars: Provided further, That of
the funds made available by this Act for general costs of administering
military assistance and sales under the heading ``Foreign Military
Financing Program'', not to exceed $2,000 shall be available for
entertainment expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the funds made
available by this Act under the heading ``International Military
Education and Training'', not to exceed $50,000 shall be available for
entertainment allow
[[Page 110 STAT. 723]]
ances: Provided further, That of the funds made available by this Act
for the Inter-American Foundation, not to exceed $2,000 shall be
available for entertainment and representation allowances: Provided
further, That of the funds made available by this Act for the Peace
Corps, not to exceed a total of $4,000 shall be available for
entertainment expenses: Provided further, That of the funds made
available by this Act under the heading ``Trade and Development
Agency'', not to exceed $2,000 shall be available for representation and
entertainment allowances.
prohibition on financing nuclear goods
Sec. 506. None of the funds appropriated or made available (other
than funds for ``International Organizations and Programs'') pursuant to
this Act, for carrying out the Foreign Assistance Act of 1961, may be
used, except for purposes of nuclear safety, to finance the export of
nuclear equipment, fuel, or technology.
prohibition against direct funding for certain countries
Sec. 507. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran,
Serbia, Sudan, or Syria: Provided, That for purposes of this section,
the prohibition on obligations or expenditures shall include direct
loans, credits, insurance and guarantees of the Export-Import Bank or
its agents.
military coups
Sec. 508. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance to any country whose duly elected Head of Government is
deposed by military coup or decree: Provided, That assistance may be
resumed to such country if the President determines and reports to the
Committees on Appropriations that subsequent to the termination of
assistance a democratically elected government has taken office.
transfers between accounts
Sec. 509. None of the funds made available by this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That the exercise of such authority shall be subject
to the regular notification procedures of the Committees on
Appropriations, except for transfers specifically referred to in this
Act.
deobligation/reobligation authority
Sec. 510. (a) Amounts certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955, as having been obligated against
appropriations heretofore made under the authority of the Foreign
Assistance Act of 1961 for the same general purpose
[[Page 110 STAT. 724]]
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
[[Page 110 STAT. 725]]
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. <<NOTE: 22 USC 262h note.>> The Secretary of the Treasury
shall instruct the United States Executive Directors of the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for Reconstruction
and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds appropriated or
made available pursuant to this Act, for the production or extraction of
any commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to United
States producers of the same, similar, or competing commodity.
notification requirements
Sec. 515. For the purposes of providing the Executive Branch with
the necessary administrative flexibility, none of the funds made
available under this Act for ``Development Assistance'', ``International
organizations and programs'', ``Trade and Development Agency'',
``International narcotics control'', ``Assistance for Eastern Europe and
the Baltic States'', ``Assistance for the New Independent States of the
Former Soviet Union'', ``Economic Support Fund'',
[[Page 110 STAT. 726]]
``Peacekeeping operations'', ``Operating expenses of the Agency for
International Development'', ``Operating expenses of the Agency for
International Development Office of Inspector General'',
``Nonproliferation and Disarmament Fund'', ``Anti-terrorism
assistance'', ``Foreign Military Financing Program'', ``International
military education and training'', ``Inter-American Foundation'',
``African Development Foundation'', ``Peace Corps'', ``Migration and
refugee assistance'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Appropriations Committees for obligation under any of these specific
headings unless the Appropriations Committees of both Houses of Congress
are previously notified fifteen days in advance: Provided, That the
President shall not enter into any commitment of funds appropriated for
the purposes of section 23 of the Arms Export Control Act for the
provision of major defense equipment, other than conventional
ammunition, or other major defense items defined to be aircraft, ships,
missiles, or combat vehicles, not previously justified to Congress or 20
per centum in excess of the quantities justified to Congress unless the
Committees on Appropriations are notified fifteen days in advance of
such commitment: Provided further, That this section shall not apply to
any reprogramming for an activity, program, or project under chapter 1
of part I of the Foreign Assistance Act of 1961 of less than 10 per
centum of the amount previously justified to the Congress for obligation
for such activity, program, or project for the current fiscal year:
Provided further, That the requirements of this section or any similar
provision of this Act or any prior Act requiring notification in
accordance with the regular notification procedures of the Committees on
Appropriations may be waived if failure to do so would pose a
substantial risk to human health or welfare: Provided further, That in
case of any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as early as
practicable, but in no event later than three days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on availability of funds for international organizations and
programs
Sec. 516. Notwithstanding any other provision of law or of this Act,
none of the funds provided for ``International Organizations and
Programs'' shall be available for the United States proportionate share,
in accordance with section 307(c) of the Foreign Assistance Act of 1961,
for any programs identified in section 307, or for Libya, Iran, or, at
the discretion of the President, Communist countries listed in section
620(f) of the Foreign Assistance Act of 1961, as amended: Provided,
That, subject to the regular notification procedures of the Committees
on Appropriations, funds appropriated under this Act or any previously
enacted Act making appropriations for foreign operations, export
financing, and related programs, which are returned or not made
available for organizations and programs because of the implementation
of this section or
[[Page 110 STAT. 727]]
any similar provision of law, shall remain available for obligation
through September 30, 1997.
economic support fund assistance for israel
Sec. 517. The Congress finds that progress on the peace process in
the Middle East is vitally important to United States security interests
in the region. The Congress recognizes that, in fulfilling its
obligations under the Treaty of Peace Between the Arab Republic of Egypt
and the State of Israel, done at Washington on March 26, 1979, Israel
incurred severe economic burdens. Furthermore, the Congress recognizes
that an economically and militarily secure Israel serves the security
interests of the United States, for a secure Israel is an Israel which
has the incentive and confidence to continue pursuing the peace process.
Therefore, the Congress declares that, subject to the availability of
appropriations, it is the policy and the intention of the United States
that the funds provided in annual appropriations for the Economic
Support Fund which are allocated to Israel shall not be less than the
annual debt repayment (interest and principal) from Israel to the United
States Government in recognition that such a principle serves United
States interests in the region.
prohibition on funding for abortions and involuntary sterilization
Sec. 518. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations:
Provided, That none of the funds made available under this Act may be
used to lobby for or against abortion.
authorization of population planning
Sec. 518A. Notwithstanding section 526 of this Act, none of the
funds made available in this Act for population planning activities or
other population assistance pursuant to section 104(b) of the Foreign
Assistance Act or any other provision of law, or funds made available in
title IV of this Act as a contribution to the United Nations Population
Fund (UNFPA) may be obligated or expended prior to July 1, 1996, unless
such funding is expressly authorized by law: Provided, That if such
funds are not authorized by law prior to July 1, 1996, funds
appropriated in title II of
[[Page 110 STAT. 728]]
this Act for population planning activities or other population
assistance may be made available for obligation and expenditure in an
amount not to exceed 65 percent of the total amount appropriated or
otherwise made available by Public Law 103-306 and Public Law 104-19 for
such activities for fiscal year 1995, and funds appropriated in title IV
of this Act as a contribution to the United Nations Population Fund
(UNFPA) may be made available for obligation and expenditure in an
amount not to exceed 65 percent of the total amount appropriated or
otherwise made available by Public Law 103-306 and Public Law 104-19 for
a contribution to UNFPA for fiscal year 1995: Provided further, That,
pursuant to the previous proviso, such funds may be apportioned only on
a monthly basis, beginning July 1, 1996 and ending September 30, 1997,
and such monthly apportionments may not exceed 6.67 percent of the total
available for such activities: Provided further, That notwithstanding
any other provision of this Act, funds appropriated by this Act for the
United Nations Population Fund (UNFPA) shall remain available for
obligation until September 30, 1997.
reporting requirement
Sec. 519. <<NOTE: President.>> The President shall submit to the
Committees on Appropriations the reports required by section 25(a)(1) of
the Arms Export Control Act.
special notification requirements
Sec. 520. None of the funds appropriated in this Act shall be
obligated or expended for Colombia, Dominican Republic, Guatemala,
Haiti, Liberia, Nicaragua, Pakistan, Peru, Russia, Sudan, or Zaire
except as provided through the regular notification procedures of the
Committees on Appropriations: Provided, That this section shall not
apply to funds appropriated by this Act to carry out the provisions of
chapter 1 of part I of the Foreign Assistance Act of 1961 that are made
available for Nicaragua.
definition of program, project, and activity
Sec. 521. For the purpose of this Act, ``program, project, and
activity'' shall be defined at the Appropriations Act account level and
shall include all Appropriations and Authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the Agency for
International Development ``program, project, and activity'' shall also
be considered to include central program level funding, either as (1)
justified to the Congress, or (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on
Appropriations within thirty days of enactment of this Act, as required
by section 653(a) of the Foreign Assistance Act of 1961.
child survival and aids activities
Sec. 522. Up to $8,000,000 of the funds made available by this Act
for assistance for family planning, health, child survival,
[[Page 110 STAT. 729]]
and AIDS, may be used to reimburse United States Government agencies,
agencies of State governments, institutions of higher learning, and
private and voluntary organizations for the full cost of individuals
(including for the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the Agency for
International Development for the purpose of carrying out family
planning activities, child survival activities and activities relating
to research on, and the treatment and control of, acquired immune
deficiency syndrome in developing countries: Provided, That funds
appropriated by this Act that are made available for child survival
activities or activities relating to research on, and the treatment and
control of, acquired immune deficiency syndrome may be made available
notwithstanding any provision of law that restricts assistance to
foreign countries: Provided further, That funds appropriated by this Act
that are made available for family planning activities may be made
available notwithstanding section 512 of this Act and section 620(q) of
the Foreign Assistance Act of 1961.
prohibition against indirect funding to certain countries
Sec. 523. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated to finance indirectly any
assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North
Korea, or the People's Republic of China, unless the President of the
United States certifies that the withholding of these funds is contrary
to the national interest of the United States.
reciprocal leasing
Sec. 524. Section 61(a) of the Arms Export Control Act <<NOTE: 22
USC 2796.>> is amended by striking out ``1995'' and inserting in lieu
thereof ``1996''.
notification on excess defense equipment
Sec. 525. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as are other committees
pursuant to subsection (c) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
authorization requirement
Sec. 526. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956.
opposition to assistance to terrorist countries by international
financial institutions
Sec. 527. (a) Instructions for United States Executive Directors.--
The Secretary of the Treasury shall instruct the
[[Page 110 STAT. 730]]
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. <<NOTE: President. Federal
Register, publication.>> 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. <<NOTE: 22 USC 2763 note.>> Notwithstanding any other
provision of law, and subject to the regular notification requirements
of the Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to Israel,
Egypt and NATO and major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense articles from
United States commercial suppliers, not including Major Defense
Equipment (other than helicopters and other types of aircraft having
possible civilian application), if the President determines that there
are compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.
[[Page 110 STAT. 731]]
competitive insurance
Sec. 528A. All Agency for International Development contracts and
solicitations, and subcontracts entered into under such contracts, shall
include a clause requiring that United States insurance companies have a
fair opportunity to bid for insurance when such insurance is necessary
or appropriate.
stingers in the persian gulf region
Sec. 529. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990, the United States may not sell or otherwise make available any
Stingers to any country bordering the Persian Gulf under the Arms Export
Control Act or chapter 2 of part II of the Foreign Assistance Act of
1961.
debt-for-development
Sec. 530. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the Agency for
International Development may place in interest bearing accounts funds
made available under this Act or prior Acts or local currencies which
accrue to that organization as a result of economic assistance provided
under title II of this Act and any interest earned on such investment
may be used for the purpose for which the assistance was provided to
that organization.
competitive pricing for sales of defense articles <<NOTE: contracts.>>
Sec. 531A. (a) Costing Basis.--Section 22 of the Arms Export Control
Act (22 U.S.C. 2762) is amended by adding at the end the following:
``(d) Competitive Pricing.--Procurement contracts made in
implementation of sales under this section for defense articles and
defense services wholly paid for from funds made available on a
nonrepayable basis shall be priced on the same costing basis with regard
to profit, overhead, independent research and development, bid and
proposal, and other costing elements, as is applicable to procurements
of like items purchased by the Department of Defense for its own use.''.
(b) <<NOTE: 22 USC 2762 note.>> Effective Date and Implementing
Regulations.--Section 22(d) of the Arms Export Control Act, as added by
subsection (a)--
(1) shall take effect on the 60th day following the date of
the enactment of this Act;
(2) shall be applicable only to contracts made in
implementation of sales made after such effective date; and
(3) shall be implemented by revised procurement regulations,
which shall be issued prior to such effective date.
(c) <<NOTE: 22 USC 2762 note.>> Direct Costs Allowable.--Direct
costs associated with meeting a foreign customer's additional or unique
requirements will continue to be allowable under such contracts.
Loadings applicable to such direct costs shall be permitted at the same
rates applicable to procurement of like items purchased by the
Department of Defense for its own use.
[[Page 110 STAT. 732]]
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 <<NOTE: President.>> 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. <<NOTE: 22 USC 2359 note.>> (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) <<NOTE: Contracts.>> 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.
[[Page 110 STAT. 733]]
(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) <<NOTE: President.>> 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.
[[Page 110 STAT. 734]]
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. <<NOTE: 50 USC 1701 note.>> (a) Denial of Assistance.--
None of the funds appropriated or otherwise made available pursuant to
this Act to carry out the Foreign Assistance Act of 1961 (including
title IV of chapter 2 of part I, relating to the Overseas Private
Investment Corporation) or the Arms Export Control Act may be used to
provide assistance to any country that is not in compliance with the
United Nations Security Council sanctions against Iraq, Serbia or
Montenegro unless the President determines and so certifies to the
Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
(b) Import Sanctions.--If the President considers that the taking of
such action would promote the effectiveness of the economic sanctions of
the United Nations and the United States imposed with respect to Iraq,
Serbia, or Montenegro, as the case may be, and is consistent with the
national interest, the President may prohibit, for such a period of time
as he considers appropriate, the importation into the United States of
any or all products of any foreign country that has not prohibited--
(1) the importation of products of Iraq, Serbia, or
Montenegro into its customs territory, and
(2) the export of its products to Iraq, Serbia, or
Montenegro, as the case may be.
pow/mia military drawdown
Sec. 535. (a) Notwithstanding any other provision of law, the
President may direct the drawdown, without reimbursement by the
recipient, of defense articles from the stocks of the Department
[[Page 110 STAT. 735]]
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) <<NOTE: President. Reports.>> The President shall, within sixty
days of the end of any fiscal year in which the authority of subsection
(a) is exercised, submit a report to the Congress which identifies the
articles, services, and training drawn down under this section.
mediterranean excess defense articles
Sec. 536. During fiscal year 1996, the provisions of section 573(e)
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990, shall be applicable, for the period specified
therein, to excess defense articles made available under sections 516
and 519 of the Foreign Assistance Act of 1961.
cash flow financing
Sec. 537. For each country that has been approved for cash flow
financing (as defined in section 25(d) of the Arms Export Control Act,
as added by section 112(b) of Public Law 99-83) under the Foreign
Military Financing Program, any Letter of Offer and Acceptance or other
purchase agreement, or any amendment thereto, for a procurement in
excess of $100,000,000 that is to be financed in whole or in part with
funds made available under this Act shall be submitted through the
regular notification procedures to the Committees on Appropriations.
authorities for the peace corps, the inter-american foundation and the
african development foundation
Sec. 538. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development Foundation
Act. <<NOTE: Reports.>> 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.
[[Page 110 STAT. 736]]
impact on jobs in the united states
Sec. 539. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(b) assistance for the purpose of establishing or developing
in a foreign country any export processing zone or designated
area in which the tax, tariff, labor, environment, and safety
laws of that country do not apply, in part or in whole, to
activities carried out within that zone or area, unless the
President determines and certifies that such assistance is not
likely to cause a loss of jobs within the United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights,
as defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
or area in that country: Provided, That in recognition that the
application of this subsection should be commensurate with the
level of development of the recipient country and sector, the
provisions of this subsection shall not preclude assistance for
the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
authority to assist bosnia-hercegovina
Sec. 540. (a) Congress finds as follows:
(1) The United Nations has imposed an embargo on the
transfer of arms to any country on the territory of the former
Yugoslavia.
(2) The federated states of Serbia and Montenegro have a
large supply of military equipment and ammunition and the
Serbian forces fighting the government of Bosnia-Hercegovina
have more than one thousand battle tanks, armored vehicles, and
artillery pieces.
(3) Because the United Nations arms embargo is serving to
sustain the military advantage of the aggressor, the United
Nations should exempt the government of Bosnia-Hercegovina from
its embargo.
(b) Pursuant to a lifting of the United Nations arms embargo, or to
a unilateral lifting of the arms embargo by the President of the United
States, against Bosnia-Hercegovina, the President is authorized to
transfer, subject to prior notification of the Committees on
Appropriations, to the government of that nation, without reimbursement,
defense articles from the stocks of the Department of Defense and
defense services of the Department of Defense of an aggregate value not
to exceed $100,000,000 in fiscal year 1996: Provided, That the President
certifies in a timely fashion to the Congress that the transfer of such
articles would assist that nation in self-defense and thereby promote
the security and stability of the region.
(c) <<NOTE: President. Reports.>> Within 60 days of any transfer
under the authority provided in subsection (b), and every 60 days
thereafter, the President shall
[[Page 110 STAT. 737]]
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) <<NOTE: 50 USC 1701 note.>> 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) <<NOTE: 50 USC 1701 note.>> 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) <<NOTE: 50 USC 1701 note.>> Waiver Authority.--The President may
waive the application in whole or in part, of subsection (a) if the
President certifies to the Congress that the President has determined
that the waiver is necessary to meet emergency humanitarian needs or to
achieve a negotiated settlement of the conflict in Bosnia-Herzegovina
that is acceptable to the parties.
(d) Expanded Authority.--Section 660(b) of the Foreign Assistance
Act of 1961 <<NOTE: 22 USC 2420.>> is amended--
(1) in paragraph (3), by striking ``or'';
(2) in paragraph (4), by striking the period at the end
thereof and inserting ``; or'';
(3) adding the following new paragraphs:
``(5) with respect to assistance, including training,
relating to sanctions monitoring and enforcement;
``(6) with respect to assistance provided to reconstitute
civilian police authority and capability in the post-conflict
restoration of host nation infrastructure for the purposes of
supporting a nation emerging from instability, and the provision
of professional public safety training, to include training in
internationally recognized standards of human rights, the rule
of law, anti-corruption, and the promotion of civilian police
roles that support democracy.''.
[[Page 110 STAT. 738]]
special authorities
Sec. 541. (a) Funds appropriated in title II of this Act that are
made available for Afghanistan, Lebanon, and Cambodia, and for victims
of war, displaced children, displaced Burmese, humanitarian assistance
for Romania, and humanitarian assistance for the peoples of Bosnia-
Hercegovina, Croatia, and Kosova, may be made available notwithstanding
any other provision of law: Provided, That any such funds that are made
available for Cambodia shall be subject to the provisions of section
531(e) of the Foreign Assistance Act of 1961 and section 906 of the
International Security and Development Cooperation Act of 1985: Provided
further, <<NOTE: President.>> That the President shall terminate
assistance to any country or organization that he determines is
cooperating, tactically or strategically, with the Khmer Rouge in their
military operations, or to the military of any country which the
President determines is not taking steps to prevent a pattern or
practice of commercial relations between its members and the Khmer
Rouge.
(b) Funds appropriated by this Act to carry out the provisions of
sections 103 through 106 of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and energy programs aimed at reducing
emissions of greenhouse gases, and for the purpose of supporting
biodiversity conservation activities: Provided, That such assistance
shall be subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) During fiscal year 1996, the President may use up to $40,000,000
under the authority of section 451 of the Foreign Assistance Act of
1961, notwithstanding the funding ceiling contained in subsection (a) of
that section.
(d) The Agency for International Development may employ personal
services contractors, notwithstanding any other provision of law, for
the purpose of administering programs for the West Bank and Gaza.
policy on terminating the arab league boycott of israel
Sec. 542. It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel; and
(2) the President should--
(A) take more concrete steps to encourage vigorously
Arab League countries to renounce publicly the primary
boycotts of Israel and the secondary and tertiary
boycotts of American firms that have commercial
relations with Israel as a confidence-building measure;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and
the secondary and tertiary boycotts of American firms
that have commercial relations with Israel when
determining whether to sell weapons to said country;
(C) <<NOTE: Reports.>> 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
[[Page 110 STAT. 739]]
(D) encourage the allies and trading partners of the
United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses
that do comply.
anti-narcotics activities
Sec. 543. (a) Of the funds appropriated or otherwise made available
by this Act for ``Economic Support Fund'', assistance may be provided to
strengthen the administration of justice in countries in Latin America
and the Caribbean in accordance with the provisions of section 534 of
the Foreign Assistance Act of 1961, except that programs to enhance
protection of participants in judicial cases may be conducted
notwithstanding section 660 of that Act.
(b) Funds made available pursuant to this section may be made
available notwithstanding the third sentence of section 534(e) of the
Foreign Assistance Act of 1961. Funds made available pursuant to
subsection (a) for Bolivia, Colombia and Peru may be made available
notwithstanding section 534(c) and the second sentence of section 534(e)
of the Foreign Assistance Act of 1961.
eligibility for assistance
Sec. 544. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961:
Provided, <<NOTE: President.>> 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, <<NOTE: President.>> 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 <<NOTE: Abortion. Sterilization.>> any existing statutory
prohibitions against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 1996, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Agricultural Trade
Development and Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) <<NOTE: Terrorism.>> 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) <<NOTE: Human rights.>> with respect to section 116 of
the Foreign Assistance Act of 1961 or any comparable provision
of law prohibiting
[[Page 110 STAT. 740]]
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; <<NOTE: President.>> however, before exercising the authority of
this subsection with regard to a base rights or base access country
which has significantly reduced its military or economic cooperation
with the United States, the President shall consult with, and shall
provide a written policy justification to the Committees on
Appropriations: Provided, That any such reprogramming shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is reprogrammed
pursuant to this subsection shall be made available under the same terms
and conditions as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the Agency for International Development that are
earmarked for particular programs or activities by this or any other Act
shall be extended for an additional fiscal year if the Administrator of
such agency determines and reports promptly to the Committees on
Appropriations that the termination of assistance to a country or a
significant change in circumstances makes it unlikely that such
earmarked funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such earmark.
ceilings and earmarks
Sec. 545. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically so directs.
excess defense articles
Sec. 546. (a) The authority of section 519 of the Foreign Assistance
Act of 1961, as amended, may be used in fiscal year 1996 to provide
nonlethal excess defense articles to countries for which United States
foreign assistance has been requested and for which receipt of such
articles was separately justified for the fiscal year, without regard to
the restrictions in subsection (a) of section 519.
(b) The authority of section 516 of the Foreign Assistance Act of
1961, as amended, may be used in fiscal year 1996 to provide defense
articles to Jordan, Estonia, Latvia, and Lithuania.
[[Page 110 STAT. 741]]
prohibition on publicity or propaganda
Sec. 547. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of enactment of this Act by the Congress:
Provided, That not to exceed $750,000 may be made available to carry out
the provisions of section 316 of Public Law 96-533.
use of american resources
Sec. 548. To the maximum extent possible, assistance provided under
this Act should make full use of American resources, including
commodities, products, and services.
prohibition of payments to united nations members
Sec. 549. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations.
consulting services
Sec. 550. <<NOTE: Contracts.>> 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. <<NOTE: Termination date.>> 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) <<NOTE: President. Reports.>> Whenever the waiver of subsection
(b) is exercised, the President shall submit to the appropriate
congressional committees
[[Page 110 STAT. 742]]
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. <<NOTE: Reports.>> (a) In General.--Of the funds made
available for a foreign country under part I of the Foreign Assistance
Act of 1961, an amount equivalent to 110 percent of the total unpaid
fully adjudicated parking fines and penalties owed to the District of
Columbia by such country as of the date of enactment of this Act shall
be withheld from obligation for such country until the Secretary of
State certifies and reports in writing to the appropriate congressional
committees that such fines and penalties are fully paid to the
government of the District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on International Relations and the Committee on Appropriations
of the House of Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 554. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza unless the President has exercised the authority
under section 583(a) of the Middle East Peace Facilitation Act of 1994
(part E of title V of Public Law 103-236) or any other legislation to
suspend or make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided, That if the
President fails to make the certification under section 583(b)(2) of the
Middle East Peace Facilitation Act or to suspend the prohibition under
other legislation, funds appropriated by this Act may not be obligated
for assistance for the Palestine Liberation Organization for the West
Bank and Gaza.
export financing transfer authorities
Sec. 555. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 1996 for
programs under title I of this Act may be transferred between such
appropriations for use for any of the purposes, programs and activities
for which the funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
war crimes tribunals
Sec. 556. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the authority of section 552(c) of
the Foreign Assistance Act of 1961, as amended,
[[Page 110 STAT. 743]]
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, <<NOTE: Reports. 22 USC 2656
note.>> That 60 days after the date of enactment of this Act, and every
180 days thereafter, the Secretary of State shall submit a report to the
Committees on Appropriations describing the steps the United States
Government is taking to collect information regarding allegations of
genocide or other violations of international law in the former
Yugoslavia and to furnish that information to the United Nations War
Crimes Tribunal for the former Yugoslavia.
nonlethal excess defense articles
Sec. 557. Notwithstanding section 519(f) of the Foreign Assistance
Act of 1961, during fiscal year 1996, funds available to the Department
of Defense may be expended for crating, packing, handling and
transportation of nonlethal excess defense articles transferred under
the authority of section 519 to countries eligible to participate in the
Partnership for Peace and to receive assistance under Public Law 101-
179.
landmines
Sec. 558. Notwithstanding any other provision of law, demining
equipment available to any department or agency and used in support of
the clearing of landmines for humanitarian purposes may be disposed of
on a grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe: Provided, That section
1365(c) of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 22 U.S.C., 2778 note) is amended by striking out
``During the four-year period beginning on October 23, 1992'' and
inserting in lieu thereof ``During the five-year period beginning on
October 23, 1992''.
clarification of restrictions
Sec. 559. (a) In General.--Section 620E of the Foreign Assistance
Act of 1961 (22 U.S.C. 2375) is amended--
(1) in subsection (e)--
(A) by striking the words ``No assistance'' and
inserting the words ``No military assistance'';
(B) by striking the words ``in which assistance is
to be furnished or military equipment or technology''
and inserting the words ``in which military assistance
is to be furnished or military equipment or
technology'';
(C) by striking the words ``the proposed United
States assistance'' and inserting the words ``the
proposed United States military assistance'';
(D) by inserting ``(1)'' immediately after ``(e)'';
and
(E) by adding the following new paragraphs:
``(2) The prohibitions in this section do not apply to any
assistance or transfer provided for the purposes of:
[[Page 110 STAT. 744]]
``(A) International narcotics control (including
chapter 8 of part I of this Act) or any provision of law
available for providing assistance for counternarcotics
purposes.
``(B) Facilitating military-to-military contact,
training (including chapter 5 of part II of this Act)
and humanitarian and civic assistance projects.
``(C) Peacekeeping and other multilateral operations
(including chapter 6 of part II of this Act relating to
peacekeeping) or any provision of law available for
providing assistance for peacekeeping purposes, except
that lethal military equipment provided under this
subparagraph shall be provided on a lease or loan basis
only and shall be returned upon completion of the
operation for which it was provided.
``(D) Antiterrorism assistance (including chapter 8
of part II of this Act relating to antiterrorism
assistance) or any provision of law available for
antiterrorism assistance purposes.
``(3) The restrictions of this subsection shall continue to
apply to contracts for the delivery of F-16 aircraft to
Pakistan.
``(4) Notwithstanding the restrictions contained in this
subsection, military equipment, technology, or defense services,
other than F-16 aircraft, may be transferred to Pakistan
pursuant to contracts or cases entered into before October 1,
1990.''; and
(2) by adding at the end the following new subsections:
``(f) Storage Costs.--The President may release the Government of
Pakistan of its contractual obligation to pay the United States
Government for the storage costs of items purchased prior to October 1,
1990, but not delivered by the United States Government pursuant to
subsection (e) and may reimburse the Government of Pakistan for any such
amount paid, on such terms and conditions as the President may
prescribe: Provided, That such payments have no budgetary impact.
``(g) Inapplicability of Restrictions to Previously Owned Items.--
Section 620E(e) does not apply to broken, worn or unupgraded items or
their equivalent which Pakistan paid for and took possession of prior to
October 1, 1990 and which the Government of Pakistan sent to the United
States for repair or upgrade. Such equipment or its equivalent may be
returned to the Government of Pakistan: Provided,
<<NOTE: President.>> That the President determines and so certifies to
the appropriate congressional committees that such equipment or
equivalent neither constitutes nor has received any significant
qualitative upgrade since being transferred to the United States and
that its total value does not exceed $25,000,000.
``(h) Ballistic Missile Sanctions Not Affected.--Nothing contained
herein shall affect sanctions for transfers of missile equipment or
technology required under section 11B of the Export Administration Act
of 1979 or section 73 of the Arms Export Control Act.''.
restrictions concerning the palestinian authority
Sec. 560. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new office of
any department or agency of the United States Government for the purpose
of conducting official United States Government business with the
Palestinian Authority over Gaza and Jericho
[[Page 110 STAT. 745]]
or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles, for the
purpose of conducting official United States Government business with
such authority should continue to take place in locations other than
Jerusalem. As has been true in the past, officers and employees of the
United States Government may continue to meet in Jerusalem on other
subjects with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have incidental
discussions.
prohibition of payment of certain expenses
Sec. 561. None of the funds appropriated or otherwise made available
by this Act under the heading ``international military education and
training'' or ``foreign military financing program'' for Informational
Program activities may be obligated or expended to pay for--
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Informational
Program trips where students do not stay at a military
installation; or
(3) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
Sec. 562. (a) In General.--None of the funds made available in this
Act may be used for assistance in support of any country when it is made
known to the President that the government of such country prohibits or
otherwise restricts, directly or indirectly, the transport or delivery
of United States humanitarian assistance.
(b) Exception.--Funds may be made available with regard to the
restriction in subsection (a) if the President determines that to do so
is in the national security interest of the United States.
withholding of assistance to countries supporting nuclear plant in cuba
Sec. 563. <<NOTE: President.>> (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;
[[Page 110 STAT. 746]]
(4) the development of a free market economic system; and
(5) assistance for the purposes described in the Cooperative
Threat Reduction Act of 1993 (title XII of Public Law 103-160).
limitation on funds for haiti
Sec. 564. <<NOTE: Effective date.>> Effective March 1, 1996, none of
the funds appropriated in this Act may be made available to the
Government of Haiti when it is made known to the President that such
Government is controlled by a regime holding power through means other
than the democratic elections scheduled for calendar year 1995 and held
in substantial compliance with the requirements of the 1987 Constitution
of Haiti.
purchase of american-made equipment and products
Sec. 565. (a) Sense of Congress.--It is the sense of the Congress
that, to the greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
limitation on assistance to turkey
Sec. 566. Not more than $33,500,000 of the funds appropriated in
this Act under the heading ``Economic Support Fund'' may be made
available to the Government of Turkey.
limitation of funds for north american development bank
Sec. 566A. None of the funds appropriated in this Act under the
heading ``North American Development Bank'' and made available for the
Community Adjustment and Investment Program shall be used for purposes
other than those set out in the binational agreement establishing the
Bank.
limitation on funds for burma
Sec. 567. None of the funds made available in this Act may be used
for International Narcotics Control or Crop Substitution Assistance for
the Government of Burma.
asian development bank
Sec. 568. The Secretary of the Treasury may, to fulfill commitments
of the United States, subscribe to and make payments for shares of the
Asian Development Bank in connection with the fourth general capital
increase of the Bank. The amount authorized to be appropriated for paid-
in shares of the Bank is limited to $66,614,647; the amount authorized
to be appropriated for payment for callable shares of the Bank is
limited to $3,264,178,021. The amount to be paid in respect of each
subscription is authorized to be appropriated without fiscal year
limitation. Any subscription by the United States to the capital stock
of the Bank shall be
[[Page 110 STAT. 747]]
effective only to such extent or in such amounts as are provided in
advance in appropriations Acts.
international development association
Sec. 569. In order to pay for the United States contribution to the
tenth replenishment of the resources of the International Development
Association authorized in section 526 of Public Law 103-87, there is
authorized to be appropriated, without fiscal year limitation,
$700,000,000 for payment by the Secretary of the Treasury.
special debt relief for the poorest
Sec. 570. (a) Authority To Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961; or
(2) credits extended or guarantees issued under the Arms
Export Control Act.
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as ``IDA-
only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
to subsection (a) shall not be considered assistance for purposes of any
provision of law limiting assistance to a country. The authority
provided by subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961.
[[Page 110 STAT. 748]]
authority to engage in debt buybacks or sales
Sec. 571. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible purchaser,
reduce or cancel such loan or portion thereof, only for the
purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price
paid or such debt by such eligible country, or the
difference between the price paid for such debt and the
face value of such debt, to support activities that link
conservation and sustainable use of natural resources
with local community development, and child survival and
other child development, in a manner consistent with
section 707 through 710 of the Foreign Assistance Act of
1961, if the sale, reduction, or cancellation would not
contravene any term or condition of any prior agreement
relating to such loan.
(2) <<NOTE: President.>> Terms and conditions.--
Notwithstanding any other provision of law, the President shall,
in accordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or canceled
pursuant to this section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such agency
shall make an adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined in section 502 of the Congressional
Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) <<NOTE: President.>> Debtor Consultations.--Before the sale to
any eligible purchaser, or any reduction or cancellation pursuant to
this section, of any loan made to an eligible country, the President
shall consult
[[Page 110 STAT. 749]]
with the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt Restructuring''.
drawdown authority for jordan
Sec. 572. During fiscal year 1996, the President may direct, for the
purposes of part II of the Foreign Assistance Act of 1961, the drawdown
for Jordan of defense articles from the stocks of the Department of
Defense, defense services of the Department of Defense, and military
education and training of up to an aggregate of $100,000,000: Provided,
That--
(a) <<NOTE: President. Reports.>> within six months of the
last drawdown under subsection (a), the President shall submit a
report to the Committee on Appropriations identifying the
articles, services, training or education provided;
(b) section 506(c) of the Foreign Assistance Act of 1961
shall apply to the drawdown authority in this section; and
(c) section 632(d) of the Foreign Assistance Act of 1961
shall not apply with respect to drawdowns under this section.
liberia
Sec. 573. (a) Public Law 102-270 <<NOTE: 22 USC 2151 note.>> is
amended--
(1) in subsection (b) by striking ``Notwithstanding section
620(q) of the Foreign Assistance Act of 1961 or any other
similar provision, the'' and inserting ``The''; and
(2) in subsection (b)(2) by striking ``to implement the
Yamoussoukro peace accord''.
(b) Funds appropriated by this Act may be made available for
assistance for Liberia notwithstanding section 620(q) of the Foreign
Assistance Act of 1961 and section 512 of this Act.
annual report on economic and social growth
Sec. 574. <<NOTE: President. 22 USC 2394 note.>> (a) Reporting
Requirement.--The President shall submit to the appropriate
congressional committees an annual report providing a concise overview
of the prospects for economic and social growth on a broad, equitable,
and sustainable basis in the countries receiving economic assistance
under title II of this Act. For each country, the report shall discuss
the laws, policies and practices of that country that most contribute to
or detract from the achievement of this kind of growth. The report
should address relevant macroeconomic, microeconomic, social, legal,
environmental, and political factors and include criteria regarding wage
and price controls, State ownership of production and distribution,
State control of financial institutions, trade and foreign investment,
capital and profit repatriation, tax and private property protections
and a country's commitment to stimulate education, health and human
development.
(b) Countries.--The countries referred to in subsection (a) are
countries--
(1) for which in excess of $5,000,000 has been obligated
during the previous fiscal year for assistance under sections
103 through 106, chapters 10 and 11 of part I, and chapter
[[Page 110 STAT. 750]]
4 of part II of the Foreign Assistance of 1961, and under the
Support for East European Democracy Act of 1989; or
(2) for which in excess of $1,000,000 has been obligated
during the previous fiscal year by the Overseas Private
Investment Corporation.
(c) Consultation.--The Secretary of State shall submit the report
required by subsection (a) in consultation with the Secretary of the
Treasury, the Administrator of the Agency for International Development,
and the President of the Overseas Private Investment Corporation. The
report shall be submitted with the annual congressional presentation for
appropriations.
Sec. 575. To the maximum extent possible, the funds provided by this
Act shall be used to provide surveying and mapping related services
through contracts entered into through competitive bidding to qualified
United States contractors.
reports regarding hong kong
Sec. 576. (a) Section 301 of the United States-Hong Kong Policy Act
of 1992 (22 U.S.C. 5731) is amended in the text above paragraph (1) by
inserting ``March 31, 1996,'' after ``March 31, 1995,''.
(b) <<NOTE: 22 USC 5731 note.>> In light of the deficiencies in
reports submitted to the Congress pursuant to section 301 of the United
States-Hong Kong Policy Act (22 U.S.C. 5731), the Congress directs that
the additional report required to be submitted under such section by
subsection (a) of this section include detailed information on the
status of, and other developments affecting, implementation of the Sino-
British Joint Declaration on the Question of Hong Kong, including--
(1) the Basic Law and its consistency with the Joint
Declaration;
(2) the openness and fairness of elections to the
legislature;
(3) the openness and fairness of the election of the
chief executive and the executive's accountability to
the legislature;
(4) the treatment of political parties;
(5) the independence of the judiciary and its
ability to exercise the power of final judgment over
Hong Kong law; and
(6) the Bill of Rights.
Sec. 577. Notwithstanding any other provision of this Act,
$20,000,000 of the funds made available under the headings ``Development
Assistance'' and/or ``Economic Support Fund'' may be transferred to, and
merged with, the appropriations account entitled ``International
Narcotics Control'' and may be available for the same purposes for which
funds in such account are available.
guatemala
Sec. 578. (a) Funds provided in this Act may be made available for
the Guatemalan military or security forces, and the restrictions on
Guatemala under the headings ``International Military Education and
Training'' and ``Foreign Military Financing Program'' shall not apply,
only if the President determines and certifies to the Congress that the
Guatemalan military is cooperating with efforts to resolve human rights
abuses which elements of the Guatemalan military
[[Page 110 STAT. 751]]
or security forces are alleged to have committed, ordered or attempted
to thwart the investigation of.
(b) The prohibition contained in subsection (a) shall not apply to
funds made available to implement a cease-fire or peace agreement.
(c) Any funds made available pursuant to subsections (a) or (b)
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(d) Any funds made available pursuant to subsections (a) and (b) for
international military education and training may only be for expanded
international military education and training.
extension of tied aid credit program
Sec. 579. (a) Section 10(c)(2) of the Export-Import Bank Act of 1945
(12 U.S.C. 635i-3(c)(2) is amended by striking ``1995'' and inserting
``1997''.
(b) Section 10(e) of the Export-Import Bank Act of 1945 (12 U.S.C.
635i-3(e)) is amended by striking ``1993, 1994, and 1995'' and inserting
``1996 and 1997''.
moratorium on use of antipersonnel landmines
Sec. 580. (a) United States Moratorium.--For a period of one year
beginning three years after the date of enactment of this Act, the
United States shall not use antipersonnel landmines except along
internationally recognized national borders or in demilitarized zones
within a perimeter marked area that is monitored by military personnel
and protected by adequate means to ensure the exclusion of civilians.
(b) Definition and Exemptions.--For the purposes of this section:
(1) Antipersonnel landmine.--The term ``antipersonnel
landmine'' means any munition placed under, on, or near the
ground or other surface area, delivered by artillery, rocket,
mortar, or similar means, or dropped from an aircraft and which
is designed, constructed or adapted to be detonated or exploded
by the presence, proximity, or contact of a person.
(2) Exemptions.--The term ``antipersonnel landmine'' does
not include command detonated Claymore munitions.
extension of au pair programs
Sec. 581. Section 8 of the Eisenhower Exchange Fellowship Act of
1990 <<NOTE: 104 Stat. 1065.>> is amended in the last sentence by
striking ``fiscal year 1995'' and inserting ``fiscal year 1996''.
sanctions against countries harboring war criminals
Sec. 582. (a) Bilateral Assistance.--Funds appropriated by this Act
under the Foreign Assistance Act of 1961 or the Arms Export Control Act
may not be provided for any country described in subsection (c).
(b) Multilateral Assistance.--The Secretary of the Treasury shall
instruct the United States executive directors of the international
financial institutions to work in opposition to, and vote against, any
extension by such institutions of financing or financial or technical
assistance to any country described in subsection (c).
[[Page 110 STAT. 752]]
(c) Sanctioned Countries.--A country described in this subsection is
a country the government of which knowingly grants sanctuary to persons
in its territory for the purpose of evading prosecution, where such
persons--
(1) have been indicted by the International Criminal
Tribunal for the former Yugoslavia, the International Criminal
Tribunal for Rwanda, or any other international tribunal with
similar standing under international law, or
(2) have been indicted for war crimes or crimes against
humanity committed during the period beginning March 23, 1933
and ending on May 8, 1945 under the direction of, or in
association with--
(A) the Nazi government of Germany;
(B) any government in any area occupied by the
military forces of the Nazi government of Germany;
(C) any government which was established with the
assistance or cooperation of the Nazi government; or
(D) any government which was an ally of the Nazi
government of Germany.
limitation on assistance for haiti
Sec. 583. <<NOTE: Reports.>> (a) Limitation.--None of the funds
appropriated or otherwise made available by this Act, may be provided to
the Government of Haiti until the President reports to Congress that--
(1) the Government is conducting thorough investigations of
extrajudicial and political killings; and
(2) the Government is cooperating with United States
authorities in the investigations of political and extrajudicial
killings.
(b) Nothing in this section shall be construed to restrict the
provision of humanitarian or electoral assistance.
(c) The President may waive the requirements of this section if he
determines and certifies to the appropriate committees of Congress that
it is in the national interest of the United States or necessary to
assure the safe and timely withdrawal of American forces from Haiti.
limitation on funds to the territory of the bosniac-croat federation.
Sec. 584. Funds appropriated by this Act for activities in the
internationally-recognized borders of Bosnia and Herzegovina (other than
refugee and disaster assistance and assistance for restoration of
infrastructure, to include power grids, water supplies and natural gas)
may only be made available for activities in the territory of the
Bosniac-Croat Federation.
nato participation
Sec. 585. Revisions to Program To Facilitate Transition to NATO
Membership.--
(a) Eligible Countries.--Subsection (d) of section 203 of the NATO
Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C.
1928 note) is amended to read as follows:
``(d) Designation of Eligible Countries.--
``(1) Initial presidential review and designation.--Within
60 days of the enactment of the NATO Participation
[[Page 110 STAT. 753]]
Act Amendments of 1995, the President should evaluate the degree
to which any country emerging from communist domination which
has expressed its interest in joining NATO meets the criteria
set forth in paragraph (3), and may designate one or more of
these countries as eligible to receive assistance under the
program established under subsection (a). The President shall,
at the time of designation of any country pursuant to this
paragraph, determine and report to the Committees on
International Relations and Appropriations of the House of
Representatives and the Committees on Foreign Relations and
Appropriations of the Senate with respect to each country so
designated that such country meets the criteria set forth in
paragraph (3).
``(2) Other european countries emerging from communist
domination.--In addition to the countries designated pursuant to
paragraph (1), the President may at any time designate other
European countries emerging from communist domination as
eligible to receive assistance under the program established
under subsection (a). <<NOTE: Reports.>> The President shall, at
the time of designation of any country pursuant to this
paragraph, determine and report to the Committees on
International Relations and Appropriations of the House of
Representatives and the Committees on Foreign Relations and
Appropriations of the Senate with respect to each country so
designated that such country meets the criteria set forth in
paragraph (3).
``(3) Criteria.--The criteria referred to in paragraphs (1)
and (2) are, with respect to each country, that the country--
``(A) has made significant progress toward
establishing--
``(i) shared values and interests;
``(ii) democratic governments;
``(iii) free market economies;
``(iv) civilian control of the military, of
the police, and of intelligence services, so that
these organizations do not pose a threat to
democratic institutions, neighboring countries, or
the security of NATO or the United States;
``(v) adherence to the rule of law and to the
values, principles, and political commitments set
forth in the Helsinki Final Act and other
declarations by the members of the Organization on
Security and Cooperation in Europe;
``(vi) commitment to further the principles of
NATO and to contribute to the security of the
North Atlantic area;
``(vii) commitment to protecting the rights of
all their citizens and respecting the territorial
integrity of their neighbors;
``(viii) commitment and ability to accept the
obligations, responsibilities, and costs of NATO
membership; and
``(ix) commitment and ability to implement
infrastructure development activities that will
facilitate participation in and support for NATO
military activities;
``(B) is likely, within five years of such
determination, to be in a position to further the
principles of the North
[[Page 110 STAT. 754]]
Atlantic Treaty and to contribute to the security of the
North Atlantic area; and
``(C) is not ineligible to receive assistance under
section 552 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996, with
respect to transfers of equipment to a country the
government of which the Secretary of State has
determined is a terrorist government for purposes of
section 40(d) of the Arms Export Control Act.''.
(2) Conforming amendments.--
(A) Subsections (b) and (c) of section 203 of such Act are
amended by striking ``countries described in such subsection''
each of the two places it appears and inserting ``countries
designated under subsection (d)''.
(B) Subsection (e) of section 203 of such Act is amended by
inserting ``(22 U.S.C. 2394-1), and shall include with such
notification a memorandum of justification with respect to the
proposed designation'' before the period at the end.
(b) Types of Assistance.--Section 203(c) of such Act is
amended by inserting after paragraph (4) the following new paragraphs:
``(5) Assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961 (relating to the Economic Support Fund).
``(6) Funds appropriated under the ``Nonproliferation and
Disarmament Fund'' account.
``(7) Assistance under chapter 6 of part II of the Foreign
Assistance Act of 1961 (relating to peacekeeping operations and
other programs).
``(8) Notwithstanding any other provision of law, including
any restrictions in sections 516 and 519 of the Foreign
Assistance Act of 1961, as amended, the President may direct the
crating, packing, handling, and transportation of excess defense
articles provided pursuant to paragraphs (1) and (2) of this
subsection without charge to the recipient of such articles.''.
(c) Effect on Other Authorities.--Section 203 of the NATO
Participation Act of 1994 (title II of Public Law 103-447, 22 U.S.C.
1928 note), is amended to add a new subsection (g) to read as follows:
``(g) Effect on Other Authorities.--Nothing in this Act shall affect
the eligibility of countries to participate under other provisions of
law in programs described in this Act.''.
(d) Annual Report.--Section 205 of the NATO Participation Act of
1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) is amended:
(1) by inserting ``ANNUAL'' in the section heading before
the first word;
(2) by inserting ``annual'' after ``include in the'' in the
matter preceding paragraph (1); and
(3) in paragraphs (1) and (2), by striking ``and other'' and
all that follows through the period at the end and in both
instances inserting in lieu thereof ``and any other country
designated by the President pursuant to section 203(d).''.
[[Page 110 STAT. 755]]
TITLE VI--MIDDLE EAST PEACE FACILITATION ACT OF 1995 <<NOTE: Middle East
Peace Facilitation Act of 1995.>>
short title
Sec. 601. This title may be cited as the ``Middle East Peace
Facilitation Act of 1995''.
findings
Sec. 602. The Congress finds that--
(1) the Palestine Liberation Organization (hereafter the
``P.L.O.'') has recognized the State of Israel's right to exist
in peace and security, accepted United Nations Security Council
Resolutions 242 and 338, committed itself to the peace process
and peaceful coexistence with Israel, free from violence and all
other acts which endanger peace and stability, and assumed
responsibility over all P.L.O. elements and personnel in order
to assure their compliance, prevent violations, and discipline
violators;
(2) Israel has recognized the P.L.O. as the representative
of the Palestinian people;
(3) Israel and the P.L.O. signed a Declaration of Principles
on Interim Self-Government Arrangements (hereafter the
``Declaration of Principles'') on September 13, 1993 at the
White House;
(4) Israel and the P.L.O. signed an Agreement on the Gaza
Strip and the Jericho Area (hereafter the ``Gaza-Jericho
Agreement'') on May 4, 1994 which established a Palestinian
Authority for the Gaza and Jericho areas;
(5) Israel and the P.L.O. signed an Agreement on Preparatory
Transfer of Powers and Responsibilities (hereafter the ``Early
Empowerment Agreement'') on August 29, 1994 which provided for
the transfer to the Palestinian Authority of certain powers and
responsibilities in the West Bank outside of the Jericho Area;
(6) under the terms of the Israeli-Palestinian Interim
Agreement on the West Bank and Gaza (hereafter the ``Interim
Agreement) signed on September 28, 1995, the Declaration of
Principles, the Gaza-Jericho Agreement and the Early Empowerment
Agreement, the powers and responsibilities of the Palestinian
Authority are to be assumed by an elected Palestinian Council
with jurisdiction in the West Bank and Gaza Strip in accordance
with the Interim Agreement;
(7) permanent status negotiations relating to the West Bank
and Gaza Strip are scheduled to begin by May 1996;
(8) the Congress has, since the conclusion of the
Declaration of Principles and the P.L.O.'s renunciation of
terrorism, provided authorities to the President to suspend
certain statutory restrictions relating to the P.L.O., subject
to Presidential certifications that the P.L.O. has continued to
abide by commitments made in and in connection with or resulting
from the good faith implementation of, the Declaration of
Principles;
(9) the P.L.O. commitments relevant to Presidential
certifications have included commitments to renounce and condemn
terrorism, to submit to the Palestinian National Council for
former approval the necessary changes to those articles of the
Palestinian Covenant which call for Israel's destruction, and to
prevent acts of terrorism and hostilities against Israel; and
[[Page 110 STAT. 756]]
(10) the United States is resolute in its determination to
ensure that in providing assistance to Palestinians living under
the jurisdiction of the Palestinian Authority or elsewhere, the
beneficiaries of such assistance shall be held to the same
standard of financial accountability and management control as
any other recipient of United States assistance.
sense of congress
Sec. 603. It is the sense of the Congress that the P.L.O. must do
far more to demonstrate an irrevocable denunciation of terrorism and
ensure a peaceful settlement of the Middle East dispute, and in
particular it must--
(1) submit to the Palestinian National Council for formal
approval the necessary changes to those articles of the
Palestinian National Covenant which call for Israel's
destruction;
(2) make greater efforts to pre-empt acts of terror,
discipline violators and contribute to stemming the violence
that has resulted in the deaths of over 140 Israeli and United
States citizens since the signing of the Declaration of
Principles;
(3) prohibit participation in its activities and in the
Palestinian Authority and its successors by any groups or
individuals which continue to promote and commit acts of
terrorism;
(4) cease all anti-Israel rhetoric, which potentially
undermines the peace process;
(5) confiscate all unlicensed weapons;
(6) transfer and cooperate in transfer proceedings relating
to any person accused by Israel to acts of terrorism; and
(7) respect civil liberties, human rights and democratic
norms.
authority to suspend certain provisions
Sec. 604. (a) In General.--Subject to subsection (b), beginning on
the date of enactment of this Act and for eighteen months thereafter,
the President may suspend for a period of not more than 6 months at a
time any provision of law specified in subsection (d). Any such
suspension shall cease to be effective after 6 months, or at such
earlier date as the President may specify.
(b) Conditions.--
(1) Consultations.--Prior to each exercise of
the <<NOTE: President.>> authority provided in subsection (a) or
certification pursuant to subsection (c), the President shall
consult with the relevant congressional committees. The
President may not exercise that authority or make such
certification until 30 days after a written policy justification
is submitted to the relevant congressional committees.
(2) Presidential certification.--The President may exercise
the authority provided in subsection (a) only if the President
certifies to the relevant congressional committees each time he
exercises such authority that--
(A) it is in the national interest of the United
States to exercise such authority;
(B) the P.L.O., the Palestinian Authority, and
successor entities are complying with all the
commitments described in paragraph (4); and
(C) funds provided pursuant to the exercise of this
authority and the authorities under section 583(a) of
Public
[[Page 110 STAT. 757]]
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) <<NOTE: President.>> The President shall ensure
that P.L.O. performance is continuously monitored and if
the President at any time determines that the P.L.O. has
not continued to comply with all the commitments
described in paragraph (4), he shall so notify the
relevant congressional committees and any suspension
under subsection (a) of a provision of law specified in
subsection (d) shall cease to be effective.
(B) Beginning six months after the date of enactment
of this Act, if the President on the basis of the
continuous monitoring of the P.L.O.'s performance
determines that the P.L.O. is not complying with the
requirements described in subsection (c), he shall so
notify the relevant congressional committees and no
assistance shall be provided pursuant to the exercise by
the President of the authority provided by subsection
(a) until such time as the President makes the
certification provided for in subsection (c).
(4) P.L.O. commitments described.--The commitments referred
to in paragraphs (2)(B) and (3)(A) are the commitments made by
the P.L.O.--
(A) in its letter of September 9, 1993, to the Prime
Minister of Israel; in its letter of September 9, 1993,
to the Foreign Minister of Norway to--
(i) recognize the right of the State of Israel
to exist in peace and security;
(ii) accept United Nations Security Council
Resolutions 242 and 338;
(iii) renounce the use of terrorism and other
acts of violence;
(iv) assume responsibility over all P.L.O.
elements and personnel in order to assure their
compliance, prevent violations and discipline
violators;
(v) call upon the Palestinian people in the
West Bank and Gaza Strip to take part in the steps
leading to the normalization of life, rejecting
violence and terrorism, and contributing to peace
and stability; and
(vi) submit to the Palestine National Council
for formal approval the necessary changes to the
Palestinian National Covenant eliminating calls
for Israel's destruction, and
(B) in, and resulting from, the good faith
implementation of the Declaration of Principles,
including good faith implementation of subsequent
agreements with Israel, with particular attention to the
objective of preventing terrorism, as reflected in the
provisions of the Interim Agreement concerning--
(i) prevention of acts of terrorism and legal
measures against terrorists, including the arrest
and prosecution of individuals suspected of
perpetrating acts of violence and terror;
(ii) abstention from and prevention of
incitement, including hostile propaganda;
(iii) operation of armed forces other than the
Palestinian Police;
[[Page 110 STAT. 758]]
(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) <<NOTE: President. Reports.>> Policy justification.--As
part of the President's written policy justification to be
submitted to the relevant Congressional Committees pursuant to
paragraph (1), the President will report on--
(A) the manner in which the P.L.O. has complied with
the commitments specified in paragraph (4), including
responses to individual acts of terrorism and violence,
actions to discipline perpetrators of terror and
violence, and actions to preempt acts of terror and
violence;
(B) the extent to which the P.L.O. has fulfilled the
requirements specified in subsection (c);
(C) actions that the P.L.O. has taken with regard to
the Arab League boycott of Israel;
(D) the status and activities of the P.L.O. office
in the United States;
(E) all United States assistance which benefits,
directly or indirectly, the projects, programs, or
activities of the Palestinian Authority in Gaza,
Jericho, or any other area it may control, since
September 13, 1993, including--
(i) the obligation and disbursal of such
assistance, by project, activity, and date, as
well as by prime contractor and all
subcontractors;
(ii) the organizations or individuals
responsible for the receipt and obligation of such
assistance;
(iii) the intended beneficiaries of such
assistance; and
(iv) the amount of international donor funds
that benefit the P.L.O. or the Palestinian
Authority in Gaza, Jericho, or any other area the
P.L.O. or the Palestinian Authority may control,
and to which the United States is a contributor;
and
(F) statements by senior officials of the P.L.O.,
the Palestinian Authority, and successor entities that
question the right of Israel to exist or urge armed
conflict with or terrorism against Israel or its
citizens, including an assessment of the degree to which
such statements reflect official policy of the P.L.O.,
the Palestinian Authority, or successor entities.
(c) Requirement for Continued Provision of Assistance.--Six months
after the enactment of this Act, United States assistance shall not be
provided pursuant to the exercise by the President
[[Page 110 STAT. 759]]
of the authority provided by subsection (a), unless and until the
President determines and so certifies to the Congress that--
(1) if the Palestinian Council has been elected and assumed
its responsibilities, it has, within 2 months, effectively
disavowed and thereby nullified the articles of the Palestine
National Covenant which call for Israel's destruction, unless
the necessary changes to the Covenant have already been approved
by the Palestine National Council;
(2) the P.L.O., the Palestinian Authority, and successor
entities have exercised their authority resolutely to establish
the necessary enforcement institutions; including laws, police,
and a judicial system, for apprehending, transferring,
prosecuting, convicting, and imprisoning terrorists;
(3) the P.L.O., has limited participation in the Palestinian
Authority and its successors to individuals and groups that
neither engage in nor practice terrorism or violence in the
implementation of their political goals;
(4) the P.L.O., the Palestinian Authority, and successor
entities have not provided any financial or material assistance
or training to any group, whether or not affiliated with the
P.L.O., to carry out actions inconsistent with the Declaration
of Principles, particularly acts of terrorism against Israel;
(5) the P.L.O., the Palestinian Authority, or successor
entities have cooperated in good faith with Israeli authorities
in--
(A) the preemption of acts of terrorism;
(B) the apprehension, trial, and punishment of
individuals who have planned or committed terrorist acts
subject to the jurisdiction of the Palestinian Authority
or any successor entity; and
(C) the apprehension of and transfer to Israeli
authorities of individuals suspected of, charged with,
or convicted of, planning or committing terrorist acts
subject to Israeli jurisdiction in accordance with the
specific provisions of the Interim Agreement;
(6) the P.L.O., the Palestinian Authority, and successor
entities have exercised their authority resolutely to enact and
implement laws requiring the disarming of civilians not
specifically licensed to possess or carry weapons;
(7) the P.L.O., the Palestinian Authority, and successor
entities have not funded, either partially or wholly, or have
ceased funding, either partially or wholly, any office, or other
presence of the Palestinian Authority in Jerusalem unless
established by specific agreement between Israel and the P.L.O.,
the Palestinian Authority, or successor entities;
(8) the P.L.O., the Palestinian Authority, and successor
entities are cooperating fully with the Government of the United
States on the provision of information on United States
nationals known to have been held at any time by the P.L.O. or
factions thereof; and
(9) the P.L.O., the Palestinian Authority, and successor
entities have not, without the agreement of the Government of
Israel, taken any steps that will change the status of Jerusalem
or the West Bank and Gaza Strip, pending the outcome of the
permanent status negotiations.
(d) Provisions That May Be Suspended.--The provisions that may be
suspended under the authority of subsection (a) are the following:
[[Page 110 STAT. 760]]
(1) Section 307 of the Foreign Assistance Act of 1961 (22
U.S.C. 2227) as it applies with respect to the P.L.O. or
entities associated with it.
(2) Section 114 of the Department of State Authorization
Act, fiscal years 1984 and 1985 (22 U.S.C. 287e note) as it
applies with respect to the P.L.O. or entities associated with
it.
(3) Section 1003 of the Foreign Relations Authorization Act,
fiscal years 1988 and 1989 (22 U.S.C. 5202).
(4) Section 37 of the Bretton Woods Agreement Act (22 U.S.C.
286W) as it applies on the granting to the P.L.O. of observer
status or other official status at any meeting sponsored by or
associated with the International Monetary Fund. As used in this
paragraph, the term ``other official status'' does not include
membership in the International Monetary Fund.
(e) Definitions.--As used in this title:
(1) Relevant congressional committees.--The term ``relevant
congressional committees'' mean--
(A) the Committee on International Relations, the
Committee on Banking and Financial Services, and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) United states assistance.--The term ``United States
assistance'' means any form of grant, loan, loan guarantee,
credit, insurance, in kind assistance, or any other form of
assistance.
transition provision
Sec. 605. (a) In General.--Section 583(a) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236) <<NOTE: 108 Stat. 488.>> is amended by striking ``November 1,
1995'' and inserting ``January 1, 1996''.
(b) Consultation.--For purposes of any exercise of the authority
provided in section 583(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) prior to November 15,
1995, the written policy justification dated June 1, 1995, and submitted
to the Congress in accordance with section 583(b)(1) of such Act, and
the consultations associated with such policy justification, shall be
deemed to satisfy the requirements of section 583(b)(1) of such Act.
reporting requirement
Sec. 606. Section 804(b) of the PLO Commitments Compliance Act of
1989 (title VIII of Public Law 101-246) <<NOTE: 104 Stat. 78.>> is
amended--
(1) in the matter preceding paragraph (1), by striking
``section (3)(b)(1) of the Middle East Peace Facilitation Act of
1994'' and inserting ``section 604(b)(1) of the Middle East
Peace Facilitation Act of 1995''; and
(2) in paragraph (1), by striking ``section (4)(a) of the
Middle East Peace Facilitation Act of 1994 (Oslo commitments)''
and inserting ``section 604(b)(4) of the Middle East Peace
Facilitation Act of 1995''.
[[Page 110 STAT. 761]]
This Act may be cited as the ``Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996''.
Approved February 12, 1996.
*LEGISLATIVE HISTORY--H.R. 1868:
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HOUSE REPORTS: Nos. 104-143 (Comm. on Appropriations) and 104-295 (Comm.
of Conference).
SENATE REPORTS: No. 104-143 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 141 (1995):
June 22, 27, 28, July 11, considered and passed House.
Sept. 20, 21, considered and passed Senate, amended.
Oct. 31, House agreed to conference report; receded and
concurred in Senate amendment No. 115 with an amendment.
Nov. 1, Senate agreed to conference report; concurred in
House amendment to Senate amendment No. 115 with an
amendment.
Nov. 15, House disagreed to Senate amendment. Senate receded
from its amendment No. 115.
Dec. 13, House receded from its amendment to Senate
amendment No. 115 and concurred with an amendment.
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*Note: Pursuant to sec. 301, Public Law 104-99, 110 Stat. 38, as
enacted on January 26, 1996, House and Senate disposed of Senate
amendment No. 115 as if enacted into law.
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