Calendar No. 187

104TH CONGRESS

1ST SESSION H. R. 1868

[Report No. 104–143]

AN ACT

Making appropriations for foreign operations, exother purposes. cal year ending September 30, 1996, and for port financing, and related programs for the fisSEPTEMBER 14 (legislative day, SEPTEMBER 5), 1995

Reported with amendments
II

Calendar No. 187

104TH CONGRESS

1ST SESSION H. R. 1868

[Report No. 104–143]

IN THE SENATE OF THE UNITED STATES

JULY 12 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on Appropriations

SEPTEMBER 14 (legislative day, SEPTEMBER 5), 1995

Reported by Mr. MCCONNELL, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending

September 30, 1996, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated,

5 for the fiscal year ending September 30, 1996, and for

6 other purposes, namely:
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1 TITLE I—EXPORT AND INVESTMENT

2 ASSISTANCE

3 EXPORT-IMPORT BANK OF THE UNITED STATES

4 The Export-Import Bank of the United States is au5 thorized to make such expenditures within the limits of

6 funds and borrowing authority available to such corpora7 tion, and in accordance with law, and to make such con8 tracts and commitments without regard to fiscal year limi9 tations, as provided by section 104 of the Government

10 Corporation Control Act, as may be necessary in carrying

11 out the program for the current fiscal year for such cor12 poration: Provided, That none of the funds available dur13 ing the current fiscal year may be used to make expendi14 tures, contracts, or commitments for the export of nuclear

15 equipment, fuel, or technology to any country other than

16 a nuclear-weapon State as defined in Article IX of the

17 Treaty on the Non-Proliferation of Nuclear Weapons eligi18 ble to receive economic or military assistance under this

19 Act that has detonated a nuclear explosive after the date

20 of enactment of this Act.

21 SUBSIDY APPROPRIATION

22 For the cost of direct loans, loan guarantees, insur23 ance, and tied-aid grants as authorized by section 10 of

24 the Export-Import Bank Act of 1945, as amended,

25 $786,551,000 $795,000,000 to remain available until Sep-
3

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1 tember 30, 1997: Provided, That such costs, including the

2 cost of modifying such loans, shall be as defined in section

3 502 of the Congressional Budget Act of 1974: Provided

4 further, That such sums shall remain available until 2010

5 for the disbursement of direct loans, loan guarantees, in6 surance and tied-aid grants obligated in fiscal years 1996

7 and 1997: Provided further, That up to $100,000,000 of

8 funds appropriated by this paragraph shall remain avail9 able until expended and may be used for tied-aid grant

10 purposes: Provided further, That none of the funds appro11 priated by this paragraph may be used for tied-aid credits

12 or grants except through the regular notification proce13 dures of the Committees on Appropriations: Provided fur14 ther, That funds appropriated by this paragraph are made

15 available notwithstanding section 2(b)(2) of the Export16 Import Bank Act of 1945, in connection with the purchase

17 or lease of any product by any East European country,

18 any Baltic State, or any agency or national thereof.

19 ADMINISTRATIVE EXPENSES

20 For administrative expenses to carry out the direct

21 and guaranteed loan and insurance programs (to be com22 puted on an accrual basis), including hire of passenger

23 motor vehicles and services as authorized by 5 U.S.C.

24 3109, and not to exceed $20,000 for official reception and

25 representation expenses for members of the Board of Di26 rectors, $45,228,000 $46,000,000: Provided, That nec-
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1 essary expenses (including special services performed on

2 a contract or fee basis, but not including other personal

3 services) in connection with the collection of moneys owed

4 the Export-Import Bank, repossession or sale of pledged

5 collateral or other assets acquired by the Export-Import

6 Bank in satisfaction of moneys owed the Export-Import

7 Bank, or the investigation or appraisal of any property,

8 or the evaluation of the legal or technical aspects of any

9 transaction for which an application for a loan, guarantee

10 or insurance commitment has been made, shall be consid11 ered nonadministrative expenses for the purposes of this

12 heading: Provided further, That, notwithstanding sub13 section (b) of section 117 of the Export Enhancement Act

14 of 1992, subsection (a) thereof shall remain in effect until

15 October 1, 1996.

16 OVERSEAS PRIVATE INVESTMENT CORPORATION

17 NONCREDIT ACCOUNT

18 The Overseas Private Investment Corporation is au19 thorized to make, without regard to fiscal year limitations,

20 as provided by 31 U.S.C. 9104, such expenditures and

21 commitments within the limits of funds available to it and

22 in accordance with law as may be necessary: Provided,

23 That the amount available for administrative expenses to

24 carry out the credit and insurance programs (including an

25 amount for official reception and representation expenses

26 which shall not exceed $35,000 $20,000) shall not exceed
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1 $26,500,000 $26,000,000: Provided further, That project2 specific transaction costs, including direct and indirect

3 costs incurred in claims settlements, and other direct costs

4 associated with services provided to specific investors or

5 potential investors pursuant to section 234 of the Foreign

6 Assistance Act of 1961, shall not be considered adminis7 trative expenses for the purposes of this heading.

8 PROGRAM ACCOUNT

9 For the cost of direct and guaranteed loans,

10 $69,500,000 $79,000,000, as authorized by section 234 of

11 the Foreign Assistance Act of 1961, to be derived by trans12 fer from the Overseas Private Investment Corporation

13 Noncredit account: Provided, That such costs, including

14 the cost of modifying such loans, shall be as defined in

15 section 502 of the Congressional Budget Act of 1974: Pro16 vided further, That such sums shall be available for direct

17 loan obligations and loan guaranty commitments incurred

18 or made during fiscal years 1996 and 1997: Provided fur19 ther, That such sums shall remain available through fiscal

20 year 2003 for the disbursement of direct and guaranteed

21 loans obligated in fiscal year 1996, and through fiscal year

22 2004 for the disbursement of direct and guaranteed loans

23 obligated in fiscal year 1997. In addition, such sums as

24 may be necessary for administrative expenses to carry out

25 the credit program may be derived from amounts available

26 for administrative expenses to carry out the credit and in-
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1 surance programs in the Overseas Private Investment Cor2 poration Noncredit Account and merged with said ac3 count.

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 TRADE AND DEVELOPMENT AGENCY

6 For necessary expenses to carry out the provisions

7 of section 661 of the Foreign Assistance Act of 1961,

8 $40,000,000: Provided, That the Trade and Development

9 Agency may receive reimbursements from corporations

10 and other entities for the costs of grants for feasibility

11 studies and other project planning services, to be deposited

12 as an offsetting collection to this account and to be avail13 able for obligation until September 30, 1997, for necessary

14 expenses under this paragraph: Provided further, That

15 such reimbursements shall not cover, or be allocated

16 against, direct or indirect administrative costs of the

17 agency.

18 INTERNATIONAL FINANCIAL INSTITUTIONS

19 CONTRIBUTION TO THE INTERNATIONAL FINANCE

20 CORPORATION

21 For payment to the International Finance Corpora22 tion by the Secretary of the Treasury, $67,550,000, for

23 the United States share of the increase in subscriptions

24 to capital stock, to remain available until expended: Pro25 vided, That of the amount appropriated under this head-
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1 ing not more than $5,269,000 may be expended for the

2 purchase of such stock in fiscal year 1996.

3 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

4 MULTILATERAL INVESTMENT FUND

5 For payment to the Enterprise for the Americas Mul6 tilateral Investment Fund by the Secretary of the Treas7 ury, for the United States contribution to the Fund to

8 be administered by the Inter-American Development

9 Bank, $70,000,000 to remain available until expended.

10 TITLE II—BILATERAL ECONOMIC ASSISTANCE

11 FUNDS APPROPRIATED TO THE PRESIDENT

12 For expenses necessary to enable the President to

13 carry out the provisions of the Foreign Assistance Act of

14 1961, and for other purposes, to remain available until

15 September 30, 1996, unless otherwise specified herein, as

16 follows:

17 AGENCY FOR INTERNATIONAL DEVELOPMENT

18 CHILDREN AND DISEASE PROGRAMS FUND

19 For necessary expenses to carry out the provisions

20 of part I and chapter 4 of part II of the Foreign Assist21 ance Act of 1961, for child survival, assistance to combat

22 tropical and other diseases, and related assistance activi23 ties, $592,660,000, to remain available until September

24 30, 1997: Provided, That this amount shall be made avail25 able for such activities as (1) immunization programs, (2)

26 oral rehydration programs, (3) health and nutrition pro-
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1 grams, and related education programs, which address the

2 needs of mothers and children, (4) water and sanitation

3 programs, (5) assistance for displaced and orphaned chil4 dren, (6) programs for the prevention, treatment, and con5 trol of, and research on, HIV/AIDS, polio, malaria and

6 other diseases, (7) basic education programs, and (8) a

7 contribution on a grant basis to the United Nations Chil8 dren’s Fund (UNICEF): Provided further, That funds ap9 propriated under this heading shall be in addition to

10 amounts otherwise available for such purposes.

11 DEVELOPMENT ASSISTANCE FUND

12 ECONOMIC ASSISTANCE

13 (INCLUDING TRANSFERS OF FUNDS)

14 For necessary expenses to carry out the provisions

15 of sections 103 through 106, of the Foreign Assistance

16 Act of 1961, $655,000,000 For necessary expenses to carry

17 out the provisions of sections 103 through 106, chapter 10

18 of part I, and chapter 4 of part II of the Foreign Assistance

19 Act of 1961, and the provisions of title V of the Inter20 national Security and Development Cooperation Act of

21 1980 (Public Law 96–533) and provisions of section 401

22 of the Foreign Assistance Act of 1969, $2,117,099,331, to

23 remain available until September 30, 1997: Provided, That

24 funds made available under this heading for each of (1) sec25 tions 103 through 106, (2) section 104(b), (3) chapter 10

26 of part I, (4) chapter 4 of part II (exclusive of assistance
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1 for Israel and Egypt) of the Foreign Assistance Act of 1961,

2 (5) title V of Public Law 96–533, (6) section 401 of the

3 Foreign Assistance Act of 1969, and (7) for ‘‘Debt Restruc4 turing’’, shall be the same proportion to the total amount

5 appropriated under this heading as the proportion of funds

6 appropriated to carry out each of such provisions was to

7 the total amount appropriated for them in title II of Public

8 Law 103–306, exclusive of assistance to Israel and Egypt:

9 Provided further, That the use of any authority to waive

10 the requirements of the previous proviso shall be subject to

11 the regular notification requirements of the Committees on

12 Appropriations: Provided further, That of the funds appro13 priated or otherwise available by this Act for population

14 planning assistance administered by the Agency for Inter15 national Development, not less than $350,000,000 shall be

16 made available for the central Office of Population of the

17 Agency for International Development in fiscal year 1996,

18 which sum shall be made available to that office: Provided

19 further, That none of the funds made available in this Act

20 nor any unobligated balances from prior appropriations

21 may be made available to any organization or program

22 which, as determined by the President of the United

23 States, supports or participates in the management of a

24 program of coercive abortion or involuntary sterilization:

25 Provided further, That none of the funds made available
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1 under this heading may be used to pay for the perform2 ance of abortion as a method of family planning or to mo3 tivate or coerce any person to practice abortions; and that

4 in order to reduce reliance on abortion in developing na5 tions, funds shall be available only to voluntary family

6 planning projects which offer, either directly or through

7 referral to, or information about access to, a broad range

8 of family planning methods and services: Provided further,

9 That in awarding grants for natural family planning

10 under section 104 of the Foreign Assistance Act of 1961

11 no applicant shall be discriminated against because of

12 such applicant’s religious or conscientious commitment to

13 offer only natural family planning; and, additionally, all

14 such applicants shall comply with the requirements of the

15 previous proviso: Provided further, That for purposes of this

16 or any other Act authorizing or appropriating funds for

17 foreign operations, export financing, and related programs,

18 the term ‘‘motivate’’, as it relates to family planning assist19 ance, shall not be construed to prohibit the provision, con20 sistent with local law, of information or counseling about

21 all pregnancy options including abortion: Provided further,

22 That nothing in this paragraph shall be construed to alter

23 any existing statutory prohibitions against abortion under

24 section 104 of the Foreign Assistance Act of 1961: Pro25 vided further, That, notwithstanding section 109 of the
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1 Foreign Assistance Act of 1961, of the funds appropriated

2 under this heading and under the heading ‘‘Development

3 Fund for Africa’’, not to exceed a total of $15,000,000

4 may be transferred to ‘‘International Organizations and

5 Programs’’ for a contribution to the International Fund

6 for Agricultural Development (IFAD), and that any such

7 transfer of funds shall be subject to the regular notifica8 tion procedures of the Committees on Appropriations: Pro9 vided further, That none of the funds made available under

10 this heading may be transferred to the Government of Zaire.

11 DEVELOPMENT FUND FOR AFRICA

12 For necessary expenses to carry out the provisions

13 of chapter 10 of part I of the Foreign Assistance Act of

14 1961, $528,000,000, to remain available until September

15 30, 1997: Provided, That none of the funds appropriated

16 by this Act to carry out chapters 1 and 10 of part I of

17 the Foreign Assistance Act of 1961 shall be transferred

18 to the Government of Zaire: Provided further, That funds

19 appropriated under this heading which are made available

20 for activities supported by the Southern Africa Develop21 ment Community shall be made available notwithstanding

22 section 512 of this Act and section 620(q) of the Foreign

23 Assistance Act of 1961.

24 CYPRUS

25 Of the funds appropriated under the heading ‘‘Eco26 nomic Assistance’’, not less than $15,000,000 shall be made
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1 available for Cyprus to be used only for scholarships,

2 bicommunal projects, and measures aimed at reunification

3 of the island and designed to reduce tensions and promote

4 peace and cooperation between the two communities on

5 Cyprus.

6 BURMA

7 Of the funds appropriated under the heading ‘‘Eco8 nomic Assistance’’, not less than $2,000,000 shall be made

9 available to strengthen democracy and support humani10 tarian activities in Burma: Provided, That of this amount,

11 not less than $200,000 shall be used to support newspapers,

12 publications and media activities promoting democracy in13 side Burma: Provided further, That funds made available

14 under this heading may be made available to organizations

15 and Burmese student groups to expand indigenous partici16 pation in the political process, transportation, communica17 tions, publications, administration, and medical supplies

18 and humanitarian services: Provided further, That funds

19 made available under this heading may be made available

20 to support activities in Burma, along the Burma-Thailand

21 border, and to support activities designated by this Act out22 side Burma: Provided further, That funds made available

23 under this heading may be made available notwithstanding

24 any other provision of law: Provided further, That provi25 sion of such funds shall be made available subject to the
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1 regular notification procedures of the Appropriations Com2 mittees.

3 PRIVATE AND VOLUNTARY ORGANIZATIONS

4 None of the funds appropriated or otherwise made

5 available by this Act for development assistance may be

6 made available to any United States private and voluntary

7 organization, except any cooperative development organi8 zation, which obtains less than 20 per centum of its total

9 annual funding for international activities from sources

10 other than the United States Government: Provided, That

11 the requirements of the provisions of section 123(g) of the

12 Foreign Assistance Act of 1961 and the provisions on pri13 vate and voluntary organizations in title II of the ‘‘Foreign

14 Assistance and Related Programs Appropriations Act,

15 1985’’ (as enacted in Public Law 98–473) shall be super16 seded by the provisions of this section, except that the au17 thority contained in the last sentence of section 123(g) may

18 be exercised by the Administrator with regard to the re19 quirements of this paragraph.

20 Funds appropriated or otherwise made available

21 under title II of this Act should be made available to pri22 vate and voluntary organizations at a level which is equiv23 alent to the level provided in fiscal year 1995. Such private

24 and voluntary organizations shall include those which op25 erate on a not-for-profit basis, receive contributions from

26 private sources, receive voluntary support from the public
14

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1 and are deemed to be among the most cost-effective and

2 successful providers of development assistance.

3 INTERNATIONAL DISASTER ASSISTANCE

4 For necessary expenses for international disaster re5 lief, rehabilitation, and reconstruction assistance pursuant

6 to section 491 of the Foreign Assistance Act of 1961, as

7 amended, $200,000,000 to remain available until ex8 pended.

9 DEBT RESTRUCTURING

10 For Of the funds made available under the heading

11 ‘‘Economic Assistance’’, for the cost, as defined in section

12 502 of the Congressional Budget Act of 1974, of modify13 ing direct loans and loan guarantees, as the President may

14 determine, for which funds have been appropriated or oth15 erwise made available for programs within the Inter16 national Affairs Budget Function 150, including the cost

17 of selling, reducing, or canceling amounts, through debt

18 buybacks and swaps, owed to the United States as a result

19 of concessional loans made to eligible Latin American and

20 Caribbean countries, pursuant to part IV of the Foreign

21 Assistance Act of 1961, $7,000,000 $15,000,000, to re22 main available until expended.

23 MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM

24 ACCOUNT

25 For Of the funds made available under the heading

26 ‘‘Economic Assistance’’, for the subsidy cost of direct loans
15

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1 and loan guarantees, $1,500,000, as authorized by section

2 108 of the Foreign Assistance Act of 1961, as amended:

3 Provided, That such costs shall be as defined in section

4 502 of the Congressional Budget Act of 1974: Provided

5 further, That guarantees of loans made under this heading

6 in support of microenterprise activities may guarantee up

7 to 70 percent of the prinicpal amount of any such loans

8 notwithstanding section 108 of the Foreign Assistance Act

9 of 1961. In addition, for administrative expenses to carry

10 out programs under this heading, $500,000, all of which

11 may be transferred to and merged with the appropriation

12 for Operating Expenses of the Agency for International

13 Development: Provided further, That funds made available

14 under this heading shall remain available until September

15 30, 1997.

16 HOUSING GUARANTY PROGRAM ACCOUNT

17 For administrative expenses to carry out guaranteed

18 loan programs, $7,000,000, all of which may be trans19 ferred to and merged with the appropriation for Operating

20 Expenses of the Agency for International Development.

21 Of the funds made available under the heading ‘‘Eco22 nomic Assistance’’, for the subsidy cost, as defined in section

23 13201 of the Budget Enforcement Act of 1990, of guaranteed

24 loans authorized by sections 221 and 222 of the Foreign

25 Assistance Act of 1961, $8,000,000: Provided, That these

26 funds are available to subsidize loan principal, 100 percent
16

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1 of which shall be guaranteed, pursuant to the authority of

2 such sections: Provided further, That the President shall

3 enter into commitments to guarantee such loans in the full

4 amount provided under this heading, subject to the avail5 ability of qualified applicants for such guarantees: Provided

6 further, That for administrative expenses to carry out guar7 anteed loan programs, $7,000,000, all of which may be

8 transferred to and merged with the appropriation for Oper9 ating Expenses of the Agency for International Develop10 ment: Provided further, That commitments to guarantee

11 loans under this heading may be entered into notwithstand12 ing the second and third sentences of section 222(a) and,

13 with regard to programs for Eastern Europe and programs

14 for the benefit of South Africans disadvantaged by apart15 heid, section 223(j) of the Foreign Assistance Act of 1961:

16 Provided further, That none of the funds appropriated

17 under this heading shall be obligated except through the reg18 ular notification procedures of the Committees on Appro19 priations.

20 INTERNATIONAL DISASTER ASSISTANCE

21 For necessary expenses for international disaster relief,

22 rehabilitation, and reconstruction assistance pursuant to

23 section 491 of the Foreign Assistance Act of 1961, as amend24 ed, $175,000,000 to remain available until expended.
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1 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

2 DISABILITY FUND

3 For payment to the ‘‘Foreign Service Retirement and

4 Disability Fund’’, as authorized by the Foreign Service

5 Act of 1980, $43,914,000.

6 OPERATING EXPENSES OF THE AGENCY FOR

7 INTERNATIONAL DEVELOPMENT

8 For necessary expenses to carry out the provisions

9 of section 667, $465,750,000 $490,000,000:–Provided,

10 That of this amount not more than $1,475,000 may be

11 made available to pay for printing costs: Provided further,

12 That none of the funds appropriated by this Act for pro13 grams administered by the Agency for International De14 velopment may be used to finance printing costs of any

15 report or study (except feasibility, design, or evaluation

16 reports or studies) in excess of $25,000 without the ap17 proval of the Administrator of that Agency or the Admin18 istrator’s designee.

19 OPERATING EXPENSES OF THE AGENCY FOR INTER20 NATIONAL DEVELOPMENT OFFICE OF INSPECTOR

21 GENERAL

22 For necessary expenses to carry out the provisions

23 of section 667, $35,200,000 $30,200,000, which sum shall

24 be available for the Office of the Inspector General of the

25 Agency for International Development.
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1 OTHER BILATERAL ECONOMIC ASSISTANCE

2 ECONOMIC SUPPORT FUND

3 MIDDLE EAST FUND

4 For necessary expenses to carry out the provisions

5 of chapter 4 of part II, $2,300,000,000 $2,015,000,000,

6 to remain available until September 30, 1997:–Provided,

7 That any funds appropriated under this heading that are

8 made available for Israel shall be made available on a

9 grant basis as a cash transfer and shall be disbursed with10 in thirty days of enactment of this Act or by October 31,

11 1995, whichever is later: Provided, That of the funds ap12 propriated under this heading, not less than $1,200,000,000

13 shall be available only for Israel, which sum shall be avail14 able on a grant basis as a cash transfer and shall be dis15 bursed within thirty days of enactment of this Act or by

16 October 31, 1995, whichever is later: Provided further, That

17 not less than $815,000,000 shall be available only for

18 Egypt, which sum shall be provided on a grant basis, and

19 of which sum cash transfer assistance may be provided,

20 with the understanding that Egypt will undertake signifi21 cant economic reforms which are additional to those which

22 were undertaken in previous fiscal years, and of which not

23 less than $200,000,000 shall be provided as Commodity Im24 port Program assistance: Provided further, That in exercis25 ing the authority to provide cash transfer assistance for Is26 rael and Egypt, the President shall ensure that the level
19

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1 of such assistance does not cause an adverse impact on the

2 total level of nonmilitary exports from the United States

3 to each such country: Provided further, That it is the sense

4 of the Congress that the recommended levels of assistance

5 for Egypt and Israel are based in great measure upon their

6 continued participation in the Camp David Accords and

7 upon the Egyptian-Israeli peace treaty:–Provided further,

8 That none of the funds appropriated under this heading

9 shall be made available for Zaire.

10 INTERNATIONAL FUND FOR IRELAND

11 For necessary expenses to carry out the provisions

12 of part I of the Foreign Assistance Act of 1961, up to

13 $19,600,000, which shall be available for the United

14 States contribution to the International Fund for Ireland

15 and shall be made available in accordance with the provi16 sions of the Anglo-Irish Agreement Support Act of 1986

17 (Public Law 99–415): Provided, That such amount shall

18 be expended at the minimum rate necessary to make time19 ly payment for projects and activities: Provided further,

20 That funds made available under this heading shall re21 main available until September 30, 1997.

22 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

23 STATES

24 (a) For necessary expenses to carry out the provisions

25 of the Foreign Assistance Act of 1961 and the Support

26 for East European Democracy (SEED) Act of 1989,
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1 $324,000,000 $335,000,000, to remain available until Sep2 tember 30, 1997, which shall be available, notwithstanding

3 any other provision of law, for economic assistance and

4 for related programs for Eastern Europe and the Baltic

5 States.

6 (b) Funds appropriated under this heading or in prior

7 appropriations Acts that are or have been made available

8 for an Enterprise Fund may be deposited by such Fund

9 in interest-bearing accounts prior to the Fund’s disburse10 ment of such funds for program purposes. The Fund may

11 retain for such program purposes any interest earned on

12 such deposits without returning such interest to the Treas13 ury of the United States and without further appropria14 tion by the Congress. Funds made available for Enterprise

15 Funds shall be expended at the minimum rate necessary

16 to make timely payment for projects and activities.

17 (c) Funds appropriated under this heading shall be

18 considered to be economic assistance under the Foreign

19 Assistance Act of 1961 for purposes of making available

20 the administrative authorities contained in that Act for

21 the use of economic assistance.

22 ASSISTANCE FOR THE NEW INDEPENDENT STATES OF

23 THE FORMER SOVIET UNION

24 (a) For necessary expenses to carry out the provisions

25 of chapter 11 of part I of the Foreign Assistance Act of

26 1961 and the FREEDOM Support Act, for assistance for
21

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1 the new independent states of the former Soviet Union

2 and for related programs, $580,000,000 $705,000,000, to

3 remain available until September 30, 1997: Provided,

4 That the provisions of 498B(j) of the Foreign Assistance

5 Act of 1961 shall apply to funds appropriated by this

6 paragraph.

7 (b) None of the funds appropriated under this head8 ing shall be transferred to the Government of Russia—

9 (1) unless that Government is making progress

10 in implementing comprehensive economic reforms

11 based on market principles, private ownership, nego12 tiating repayment of commercial debt, respect for

13 commercial contracts, and equitable treatment of

14 foreign private investment; and

15 (2) if that Government applies or transfers

16 United States assistance to any entity for the pur17 pose of expropriating or seizing ownership or control

18 of assets, investments, or ventures.

19 (c) Funds may be furnished without regard to sub20 section (b) if the President determines that to do so is

21 in the national interest.

22 (d) None of the funds appropriated under this head23 ing shall be made available to any government of the new

24 independent states of the former Soviet Union if that gov25 ernment directs any action in violation of the territorial
22

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1 integrity or national sovereignty of any other new inde2 pendent state,–such as those violations included in Prin3 ciple Six of the Helsinki Final Act: Provided, That such

4 funds may be made available without regard to the restric5 tion in this subsection if the President determines that

6 to do so is in the national security interest of the United

7 States:–Provided further,: Provided, That the restriction of

8 this subsection shall not apply to the use of such funds

9 for the provision of assistance for purposes of humani10 tarian, disaster and refugee relief.

11 (e) None of the funds appropriated under this head12 ing for the new independent states of the former Soviet

13 Union shall be made available for any state to enhance

14 its military capability: Provided, That this restriction does

15 not apply to demilitarization, defense conversion or non16 proliferation programs.

17 (f) Funds appropriated under this heading shall be

18 subject to the regular notification procedures of the Com19 mittees on Appropriations.

20 (g) Funds made available in this Act for assistance

21 to the new independent states of the former Soviet Union

22 shall be subject to the provisions of section 117 (relating

23 to environment and natural resources) of the Foreign As24 sistance Act of 1961.
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1 (h) Funds appropriated under this heading may be

2 made available for assistance for Mongolia.

3 (i) Funds made available in this Act for assistance

4 to the new independent states of the former Soviet Union

5 shall be provided to the maximum extent feasible through

6 the private sector, including small- and medium-size busi7 nesses, entrepreneurs, and others with indigenous private

8 enterprises in the region, intermediary development orga9 nizations committed to private enterprise, and private vol10 untary organizations previously functioning in the new

11 independent states.

12 (j) The ratio of private sector investment (including

13 volunteer contributions in cash or time) to United States

14 government assistance in projects referred to in subsection

15 (i) shall be no less than a ratio of 1 to 1.

16 (k) Of the funds appropriated under this heading, not

17 less than $15,000,000 should be available only for a family

18 planning program for the new independent states of the

19 former Soviet Union comparable to the family planning

20 program currently administered by the Agency for Inter21 national Development in the Central Asian Republics and

22 focusing on population assistance which provides an alter23 native to abortion.

24 (l) Notwithstanding any other provision of law or this

25 Act, of the funds appropriated under this heading, not less
24

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1 than $85,000,000 shall be made available for programs and

2 activities for Armenia, of which $35,000,000 shall be avail3 able for food, $40,000,000 shall be available for fuel, and

4 $10,000,000 shall be available for medical supplies and

5 services.

6 (m) Of the funds made available by this or any other

7 Act, not less than $30,000,000 shall be made available for

8 programs and activities for Georgia.

9 (n) Of the funds appropriated under this heading, not

10 less than $225,000,000 shall be made available for Ukraine:

11 Provided, That of these funds made available, not less than

12 $3,000,000 shall be made available to assist in establishing

13 a commodities exchange board: Provided further, That not

14 less than $5,000,000 shall be made available to support im15 provements in the delivery of social services: Provided fur16 ther, That not less than $20,000,000 shall be available to

17 support the development of small and medium enterprises:

18 Provided further, That not less than $2,000,000 shall be

19 provided to support strengthening in independent broadcast

20 and print media: Provided further, That not less than

21 $5,000,000 shall be available for a pilot project to screen,

22 diagnose, and treat Chernobyl victims suffering from breast

23 cancer: Provided further, That not less than $5,000,000

24 shall be available to support a joint United States-Ukraine

25 geographic survey to determine levels of contamination
25

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1 caused by the Chernobyl reactor: Provided further, That not

2 less than $2,000,000 shall be available to conduct an assess3 ment of the energy distribution grid with recommendations

4 on improvements necessary to provide comprehensive indus5 trial, commercial and residential access to power: Provided

6 further, That not less than $5,000,000 shall be made avail7 able for a pilot project to establish a management and mar8 ket economics training partnership between a Ukrainian

9 university and a United States university with dem10 onstrated experience in Eastern Europe or the New Inde11 pendent States and an ability to plan and direct a multi12 faceted program including business management, manufac13 turing management, market economics, and public admin14 istration training.

15 (o) Of the funds made available for Ukraine, under

16 this Act or any other Act, not less than $50,000,000 shall

17 be made available to improve nuclear energy self-sufficiency

18 and improve safety at nuclear reactors: Provided, That of

19 this amount, not less than $30,000,000 shall be made avail20 able to provide technical assistance, training and equip21 ment to develop institutions and procedures to license, pur22 chase, transfer and use nuclear fuel assemblies consistent

23 with International Atomic Energy Agency standards: Pro24 vided further, That of this amount, not less than

25 $20,000,000 shall be provided for the purchase, installation
26

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1 and training for safety parameter display systems or safety

2 control systems at all nuclear operational nuclear reactors,

3 but on a priority basis at the Chernobyl facility.

4 (p) Notwithstanding any other provision of law or of

5 this Act, of the funds made available under this heading,

6 within 30 days of enactment of this Act, not less than

7 $4,500,000 shall be transferred to the Federal Bureau of In8 vestigation to establish Legal Attach ́e offices and related

9 programs in Ukraine, Kazakhstan, and Estonia: Provided,

10 That these funds shall support both in country and regional

11 law enforcement liaison and investigation activities.

12 (q) Notwithstanding any other provision of law or of

13 this Act, of the funds made available under this heading,

14 within 30 days of enactment of this Act not less than

15 $12,600,000 shall be transferred to the Federal Bureau of

16 Investigation for international training and cooperation in

17 Central Europe and the New Independent States: Provided,

18 That these funds may support training conducted at the

19 International Law Enforcement Academy in Hungary, in

20 country training sessions in Central Europe, the Baltics,

21 and the New Independent States, and efforts to establish

22 national law enforcement institutes.

23 (r) Of the funds made available under this heading,

24 not less than $20,000,000 shall be available for hospital

25 partnership programs.
27

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1 (s) Of the funds made available under this heading,

2 not less than $45,000,000 shall be provided to the Western

3 NIS Enterprise Fund.

4 (t) No funds may be made available under this head5 ing, until the Department of State Office of the Coordinator

6 for United States Assistance to the New Independent States

7 submits a report to the Committees on Appropriations pro8 viding a country by country development strategy including

9 the type of activities planned to carry out the strategy re10 quirements.

11 (u) No funds may be made available under this head12 ing for Russia unless the President determines and certifies

13 in writing to the Committees on Appropriations that the

14 Government of Russia has terminated all planning and im15 plementation of arrangements to provide Iran with tech16 nical expertise, training, technology or equipment necessary

17 to develop a nuclear reactor or related nuclear research fa18 cilities or programs.

19 (v) Funds appropriated under this heading or in prior

20 appropriations Acts that are or have been made available

21 for an Enterprise Fund may be deposited by such Fund

22 in interest-bearing accounts prior to the Funds disburse23 ment of such funds. The Fund may retain for program pur24 poses any interest earned on such deposits without return-
28

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1 ing such interest to the Treasury of the United States and

2 without further appropriation by Congress.

3 (w) Of the funds made available under this heading,

4 not less than $15,000,000 shall be made available to support

5 establishing a Trans-Caucasus Enterprise Fund.

6 INDEPENDENT AGENCIES

7 AFRICAN DEVELOPMENT FOUNDATION

8 For necessary expenses to carry out the provisions

9 of title V of the International Security and Development

10 Cooperation Act of 1980, Public Law 96–533, and to

11 make such contracts and commitments without regard to

12 fiscal year limitations, as provided by 31 U.S.C. 9104,

13 $11,500,000.

14 INTER-AMERICAN FOUNDATION

15 For expenses necessary to carry out the functions of

16 the Inter-American Foundation in accordance with the

17 provisions of section 401 of the Foreign Assistance Act

18 of 1969, and to make such contracts and commitments

19 without regard to fiscal year limitations, as provided by

20 section 9104, title 31, United States Code, $20,000,000.

21 PEACE CORPS

22 For expenses necessary to carry out the provisions

23 of the Peace Corps Act (75 Stat. 612), $210,000,000

24 $200,000,000, including the purchase of not to exceed five

25 passenger motor vehicles for administrative purposes for

26 use outside of the United States: Provided, That none of
29

HR 1868 RS

1 the funds appropriated under this heading shall be used

2 to pay for abortions: Provided further, That funds appro3 priated under this heading shall remain available until

4 September 30, 1997.

5 DEPARTMENT OF STATE

6 INTERNATIONAL NARCOTICS CONTROL

7 For necessary expenses to carry out the provisions

8 of section 481 of the Foreign Assistance Act of 1961,

9 $113,000,000 $150,000,000: Provided, That during fiscal

10 year 1996, the Department of State may also use the au11 thority of section 608 of the Foreign Assistance Act of

12 1961, without regard to its restrictions, to receive non13 lethal excess property from an agency of the United States

14 Government for the purpose of providing it to a foreign

15 country under chapter 8 of part I of that Act subject to

16 the regular notification procedures of the Committees on

17 Appropriations: Provided further, That of the funds appro18 priated under this heading, not less than $1,800,000 shall

19 be available to establish and maintain a Federal Bureau

20 of Investigation Legal Attach ́e office in Cairo, Egypt: Pro21 vided further, That not less than $5,000,000 shall be made

22 available to the Federal Bureau of Investigation and the

23 Secret Service to establish and maintain offices in the

24 Triborder area of Argentina, Brazil and Paraguay.
30

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1 MIGRATION AND REFUGEE ASSISTANCE

2 For expenses, not otherwise provided for, necessary

3 to enable the Secretary of State to provide, as authorized

4 by law, a contribution to the International Committee of

5 the Red Cross, assistance to refugees, including contribu6 tions to the International Organization for Migration and

7 the United Nations High Commissioner for Refugees, and

8 other activities to meet refugee and migration needs; sala9 ries and expenses of personnel and dependents as authorized

10 by the Foreign Service Act of 1980; salaries and expenses

11 of personnel assigned to the bureau charged with carrying

12 out the Migrations and Refugee Assistance Act; allowances

13 as authorized by sections 5921 through 5925 of title 5, Unit14 ed States Code, purchase and hire of passenger motor vehi15 cles; and services as authorized by section 3109 of title

16 5, United States Code, $671,000,000: Provided, That not

17 more than $12,000,000 shall be available for administrative

18 expenses:–Provided, That, one of the funds appropriated

19 under this heading shall be available for salaries and ex20 penses of personnel assigned to the bureau charged with

21 carrying out the Migration and Refugee Assistance Act:

22 Provided further, That not less than $80,000,000 shall be

23 made available for refugees from the former Soviet Union

24 and Eastern Europe and other refugees resettling in Israel.
31

HR 1868 RS

1 REFUGEE RESETTLEMENT ASSISTANCE

2 For necessary expenses for the targeted assistance

3 program authorized by title IV of the Immigration and

4 Nationality Act and section 501 of the Refugee Education

5 Assistance Act of 1980 and administered by the Office of

6 Refugee Resettlement of the Department of Health and

7 Human Services, in addition to amounts otherwise avail8 able for such purposes, $5,000,000.

9 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

10 ASSISTANCE FUND

11 For necessary expenses to carry out the provisions

12 of section 2(c) of the Migration and Refugee Assistance

13 Act of 1962, as amended (22 U.S.C. 260(c)),

14 $50,000,000, to remain available until expended: Pro15 vided, That the funds made available under this heading

16 are appropriated notwithstanding the provisions contained

17 in section 2(c)(2) of the Migration and Refugee Assistance

18 Act of 1962 which would limit the amount of funds which

19 could be appropriated for this purpose.

20 ANTI-TERRORISM ASSISTANCE

21 For necessary expenses to carry out the provisions

22 of chapter 8 of part II of the Foreign Assistance Act of

23 1961, $17,000,000 $15,000,000.

24 NONPROLIFERATION AND DISARMAMENT FUND

25 For necessary expenses for a ‘‘Nonproliferation and

26 Disarmament Fund’’, $20,000,000, to remain available
32

HR 1868 RS

1 until expended, to promote bilateral and multilateral ac2 tivities: Provided, That such funds may be used pursuant

3 to the authorities contained in section 504 of the FREE4 DOM Support Act: Provided further, That such funds may

5 also be used for such countries other than the new inde6 pendent states of the former Soviet Union and inter7 national organizations when it is in the national security

8 interest of the United States to do so: Provided further,

9 That funds appropriated under this heading may be made

10 available notwithstanding any other provision of law: Pro11 vided further, That funds appropriated under this heading

12 shall be subject to the regular notification procedures of

13 the Committees on Appropriations.

14 TITLE III—MILITARY ASSISTANCE

15 FUNDS APPROPRIATED TO THE PRESIDENT

16 INTERNATIONAL MILITARY EDUCATION AND TRAINING

17 For necessary expenses to carry out the provisions

18 of section 541 of the Foreign Assistance Act of 1961,

19 $39,000,000 $19,000,000: Provided, That up to $100,000

20 of the funds appropriated under this heading may be made

21 available for grant financed military education and train22 ing for any high income country on the condition that that

23 country agrees to fund from its own resources the trans24 portation cost and living allowances of its students: Pro25 vided further, That the civilian personnel for whom mili-
33

HR 1868 RS

1 tary education and training may be provided under this

2 heading may also include members of national legislatures

3 who are responsible for the oversight and management of

4 the military, and may also include individuals who are not

5 members of a government: Provided further, That none of

6 the funds appropriated under this heading shall be avail7 able for Zaire and Guatemala:–Provided further, That

8 funds appropriated under this heading for grant financed

9 military education and training for Indonesia and Guate10 mala may only be available for expanded military edu11 cation and training.

12 FOREIGN MILITARY FINANCING PROGRAM

13 For expenses necessary for grants to enable the

14 President to carry out the provisions of section 23 of the

15 Arms Export Control Act, $3,211,279,000 $3,207,500,000:

16 Provided, That funds appropriated by this paragraph that

17 are made available for Israel and Egypt shall be made

18 available only as grants: Provided further, That the funds

19 appropriated by this paragraph that are made available

20 for Israel shall be disbursed within thirty days of enact21 ment of this Act or by October 31, 1995, whichever is

22 later: Provided further, That to the extent that the Govern23 ment of Israel requests that funds be used for such pur24 poses, grants made available for Israel by this paragraph

25 shall, as agreed by Israel and the United States, be avail26 able for advanced weapons systems, of which not to exceed
34

HR 1868 RS

1 $475,000,000 shall be available for the procurement in Is2 rael of defense articles and defense services, including re3 search and development: Provided further, That funds

4 made available under this paragraph shall be nonrepayable

5 notwithstanding any requirement in section 23 of the

6 Arms Export Control Act: Provided, That of the funds ap7 propriated by this paragraph not less than $1,800,000,000

8 shall be available for grants only for Israel, and not less

9 than $1,300,000,000 shall be available for grants only for

10 Egypt: Provided further, That the funds appropriated by

11 this paragraph for Israel shall be disbursed within thirty

12 days of enactment of this Act or by October 31, 1995, which13 ever is later: Provided further, That to the extent that the

14 Government of Israel requests that funds be used for such

15 purposes, grants made available for Israel by this para16 graph shall, as agreed by Israel and the United States, be

17 available for advanced fighter aircraft programs or for other

18 advanced weapons systems, as follows: (1) up to

19 $150,000,000 shall be available for research and develop20 ment in the United States; and (2) not less than

21 $475,000,000 shall be available for the procurement in Is22 rael of defense articles and defense services, including re23 search and development: Provided further, That funds made

24 available under this paragraph shall be nonrepayable not25 withstanding any requirement in section 23 of the Arms
35

HR 1868 RS

1 Export Control Act: Provided further, That, for the purpose

2 only of providing support for the Warsaw Initiative Pro3 gram, of the funds appropriated by this Act under the head4 ings ‘‘Assistance for Eastern Europe and the Baltic States’’

5 and ‘‘Assistance for the New Independent States of the

6 Former Soviet Union’’, up to a total of $20,000,000 may

7 be transferred, notwithstanding any other provision of law,

8 to the funds appropriated under this paragraph: Provided

9 further, That none of the funds made available under this

10 heading shall be available for any non-NATO country par11 ticipating in the Partnership for Peace Program except

12 through the regular notification procedures of the Com13 mittees on Appropriations.

14 For the cost, as defined in section 502 of the Con15 gressional Budget Act of 1974, of direct loans authorized

16 by section 23 of the Arms Export Control Act as follows:

17 cost of direct loans, $64,400,000: Provided, That these

18 funds are available to subsidize gross obligations for the

19 principal amount of direct loans of not to exceed

20 $544,000,000: Provided further, That the rate of interest

21 charged on such loans shall be not less than the current

22 average market yield on outstanding marketable obliga23 tions of the United States of comparable maturities: Pro24 vided further, That funds appropriated under this heading

25 shall be made available for Greece and Turkey only on
36

HR 1868 RS

1 a loan basis, and the principal amount of direct loans for

2 each country shall not exceed the following: $224,000,000

3 only for Greece and shall not exceed $320,000,000 only

4 for Turkey.

5 None of the funds made available under this heading

6 shall be available to finance the procurement of defense

7 articles, defense services, or design and construction serv8 ices that are not sold by the United States Government

9 under the Arms Export Control Act unless the foreign

10 country proposing to make such procurements has first

11 signed an agreement with the United States Government

12 specifying the conditions under which such procurements

13 may be financed with such funds: Provided, That all coun14 try and funding level increases in allocations shall be sub15 mitted through the regular notification procedures of sec16 tion 515 of this Act: Provided further, That funds made

17 available under this heading shall be obligated upon appor18 tionment in accordance with paragraph (5)(C) of title 31,

19 United States Code, section 1501(a): Provided further,

20 That none of the funds appropriated under this heading

21 shall be available for Zaire, Sudan, Peru, Liberia, and

22 Guatemala: Provided further, That none of the funds ap23 propriated or otherwise made available for use under this

24 heading may be made available for Colombia or Bolivia

25 until the Secretary of State certifies that such funds will
37

HR 1868 RS

1 be used by such country primarily for counternarcotics ac2 tivities: Provided further, That funds made available under

3 this heading may be used, notwithstanding any other pro4 vision of law, for demining activities, and may include ac5 tivities implemented through nongovernmental and inter6 national organizations: Provided further, That not more

7 than $100,000,000 of the funds made available under this

8 heading shall be available for use in financing the procure9 ment of defense articles, defense services, or design and

10 construction services that are not sold by the United

11 States Government under the Arms Export Control Act

12 to countries other than Israel and Egypt: Provided further,

13 That only those countries for which assistance was justi14 fied for the ‘‘Foreign Military Sales Financing Program’’

15 in the fiscal year 1989 congressional presentation for secu16 rity assistance programs may utilize funds made available

17 under this heading for procurement of defense articles, de18 fense services or design and construction services that are

19 not sold by the United States Government under the Arms

20 Export Control Act: Provided further, That, subject to the

21 regular notification procedures of the Committees on Ap22 propriations, funds made available under this heading for

23 the cost of direct loans may also be used to supplement

24 the funds available under this heading for grants, and

25 funds made available under this heading for grants may
38

HR 1868 RS

1 also be used to supplement the funds available under this

2 heading for the cost of direct loans: Provided further, That

3 funds appropriated under this heading shall be expended

4 at the minimum rate necessary to make timely payment

5 for defense articles and services: Provided further, That

6 the Department of Defense shall conduct during the cur7 rent fiscal year nonreimbursable audits of private firms

8 whose contracts are made directly with foreign govern9 ments and are financed with funds made available under

10 this heading (as well as subcontractors thereunder) as re11 quested by the Defense Security Assistance Agency: Pro12 vided further, That not more than $24,000,000

13 $22,500,000 of the funds appropriated under this heading

14 may be obligated for necessary expenses, including the

15 purchase of passenger motor vehicles for replacement only

16 for use outside of the United States, for the general costs

17 of administering military assistance and sales: Provided

18 further, That not more than $355,000,000 of funds real19 ized pursuant to section 21(e)(1)(A) of the Arms Export

20 Control Act may be obligated for expenses incurred by the

21 Department of Defense during fiscal year 1996 pursuant

22 to section 43(b) of the Arms Export Control Act, except

23 that this limitation may be exceeded only through the reg24 ular notification procedures of the Committees on Appro25 priations.
39

HR 1868 RS

1 PEACEKEEPING OPERATIONS

2 For necessary expenses to carry out the provisions

3 of section 551 of the Foreign Assistance Act of 1961,

4 $68,300,000 $72,033,000: Provided, That none of the funds

5 appropriated under this paragraph shall be obligated or ex6 pended except as provided through the regular notification

7 procedures of the Committees on Appropriations.

8 TITLE IV—MULTILATERAL ECONOMIC

9 ASSISTANCE

10 FUNDS APPROPRIATED TO THE PRESIDENT

11 INTERNATIONAL FINANCIAL INSTITUTIONS

12 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

13 RECONSTRUCTION AND DEVELOPMENT

14 For payment to the International Bank for Recon15 struction and Development by the Secretary of the Treas16 ury, for the United States share of the paid-in share por17 tion of the increases in capital stock for the General Cap18 ital Increase, $23,009,000 $28,189,963, to remain avail19 able until expended.

20 For payment to the International Bank for Recon21 struction and Development by the Secretary of the Treas22 ury, for the United States contribution to the Global Envi23 ronment Facility (GEF), $30,000,000 $50,000,000, to re24 main available until September 30, 1997.
40

HR 1868 RS

1 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

2 The United States Governor of the International

3 Bank for Reconstruction and Development may subscribe

4 without fiscal year limitation to the callable capital portion

5 of the United States share of increases in capital stock

6 in an amount not to exceed $743,900,000 $911,475,013.

7 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

8 ASSOCIATION

9 For payment to the International Development Asso10 ciation by the Secretary of the Treasury, $575,000,000

11 $775,000,000, for the United States contribution to the

12 tenth replenishment, to remain available until expended.

13 CONTRIBUTION TO THE INTERNATIONAL FINANCE

14 CORPORATION

15 For payment to the International Finance Corpora16 tion by the Secretary of the Treasury, $67,550,000, for the

17 United States share of the increase in subscriptions to cap18 ital stock, to remain available until expended: Provided,

19 That of the amount appropriated under this heading not

20 more than $5,269,000 may be expended for the purchase

21 of such stock in fiscal year 1996.

22 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

23 BANK

24 For payment to the Inter-American Development

25 Bank by the Secretary of the Treasury, for the United

26 States share of the paid-in share portion of the increase
41

HR 1868 RS

1 in capital stock, $25,950,000 $25,952,110, and for the

2 United States share of the increase in the resources of the

3 Fund for Special Operations, $20,000,000, to remain avail4 able until expended.

5 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

6 The United States Governor of the Inter-American

7 Development Bank may subscribe without fiscal year limi8 tation to the callable capital portion of the United States

9 share of such capital stock in an amount not to exceed

10 $1,523,000,000 $1,523,767,142.

11 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

12 MULTILATERAL INVESTMENT FUND

13 For payment to the Enterprise for the Americas Multi14 lateral Investment Fund by the Secretary of the Treasury,

15 for the United States contribution to the Fund to be admin16 istered by the Inter-American Development Bank,

17 $70,000,000 to remain available until expended.

18 CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

19 For payment to the Asian Development Bank by the

20 Secretary of the Treasury for the United States share of

21 the paid-in portion of the increase in capital stock,

22 $13,200,000 $13,221,596, to remain available until ex23 pended.

24 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

25 The United States Governor of the Asian Develop26 ment Bank may subscribe without fiscal year limitation
42

HR 1868 RS

1 to the callable capital portion of the United States share

2 of such capital stock in an amount not to exceed

3 $647,000,000 $647,858,204.

4 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

5 For the United States contribution by the Secretary

6 of the Treasury to the increases in resources of the Asian

7 Development Fund, as authorized by the Asian Devel8 opment Bank Act, as amended (Public Law 89–369),

9 $100,000,000 $110,000,000, to remain available until ex10 pended.

11 CONTRIBUTION TO THE EUROPEAN BANK FOR

12 RECONSTRUCTION AND DEVELOPMENT

13 For payment to the European Bank for Reconstruc14 tion and Development by the Secretary of the Treasury,

15 $69,180,000 $70,000,000, for the United States share of

16 the paid-in share portion of the initial capital subscription,

17 to remain available until expended: Provided, That of the

18 amount appropriated under this heading not more than

19 $54,600,000 may be expended for the purchase of such

20 stock in fiscal year 1996.

21 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

22 The United States Governor of the European Bank

23 for Reconstruction and Development may subscribe with24 out fiscal year limitation to the callable capital portion of

25 the United States share of such capital stock in an amount

26 not to exceed $161,400,000 $163,333,333.
43

HR 1868 RS

1 NORTH AMERICAN DEVELOPMENT BANK

2 For payment to the North American Development

3 Bank by the Secretary of the Treasury, for the United

4 States share of the paid-in portion of the capital stock,

5 $56,250,000, to remain available until expended.

6 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

7 The United States Governor of the North American

8 Development Bank may subscribe without fiscal year limi9 tation to the callable capital portion of the United States

10 share of the capital stock of the North American Develop11 ment Bank in an amount not to exceed $318,750,000.

12 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

13 For necessary expenses to carry out the provisions

14 of section 301 of the Foreign Assistance Act of 1961, and

15 of section 2 of the United Nations Environment Program

16 Participation Act of 1973, $155,000,000 $260,000,000:

17 Provided, That none of the funds appropriated under this

18 heading shall be made available for the United Nations

19 Fund for Science and Technology: Provided further, That

20 funds appropriated under this heading may be made avail21 able for the International Atomic Energy Agency only if

22 the Secretary of State determines (and so reports to the

23 Congress) that Israel is not being denied its right to par24 ticipate in the activities of that Agency: Provided further,

25 That any reduction in the amounts made available under

26 this heading for each of the United Nations Development
44

HR 1868 RS

1 Program, the United Nations Children’s Fund, the United

2 Nations Environment Program, and the International

3 Atomic Energy Agency, from the amounts made available

4 under this heading for such organizations for fiscal year

5 1995, shall not exceed the percentage by which the total

6 amount appropriated under this heading is reduced from

7 the total amount appropriated under this heading for fiscal

8 year 1995: Provided further, That none of the funds appro9 priated under this heading that are made available to the

10 United Nations Population Fund (UNFPA) shall be made

11 available for activities in the People’s Republic of China:

12 Provided further, That not more than $25,000,000

13 $35,000,000 of the funds appropriated under this heading

14 may be made available to the UNFPA: Provided further,

15 That not more than one-half of this amount may be pro16 vided to UNFPA before March 1, 1996, and that no later

17 than February 15, 1996, the Secretary of State shall sub18 mit a report to the Committees on Appropriations indicat19 ing the amount UNFPA is budgeting for the People’s Re20 public of China in 1996: Provided further, That any

21 amount UNFPA plans to spend in the People’s Republic

22 of China in 1996 above $7,000,000, shall be deducted

23 from the amount of funds provided to UNFPA after

24 March 1, 1996 pursuant to the previous provisos: Provided

25 further, That with respect to any funds appropriated
45

HR 1868 RS

1 under this heading that are made available to UNFPA,

2 UNFPA shall be required to maintain such funds in a sep3 arate account and not commingle them with any other

4 funds:–Provided further, That up to $13,000,000 may be

5 made available to the Korean Peninsula Energy Develop6 ment Organization (KEDO) for administrative expenses

7 and heavy fuel oil costs associated with the Framework

8 Agreement: Provided further, That additional funds may

9 be made available to KEDO subject to the regular notifi10 cation procedures of the Committees on Appropriations.

11 TITLE V—GENERAL PROVISIONS

12 OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

13 SEC. 501. Except for the appropriations entitled

14 ‘‘International Disaster Assistance’’, and ‘‘United States

15 Emergency Refugee and Migration Assistance Fund’’, not

16 more than 15 per centum of any appropriation item made

17 available by this Act shall be obligated during the last

18 month of availability.

19 PROHIBITION OF BILATERAL FUNDING FOR

20 INTERNATIONAL FINANCIAL INSTITUTIONS

21 SEC. 502. None of the funds contained in title II of

22 this Act may be used to carry out the provisions of section

23 209(d) of the Foreign Assistance Act of 1961.

24 LIMITATION ON RESIDENCE EXPENSES

25 SEC. 503. Of the funds appropriated or made avail26 able pursuant to this Act, not to exceed $126,500 shall
46

HR 1868 RS

1 be for official residence expenses of the Agency for Inter2 national Development during the current fiscal year: Pro3 vided, That appropriate steps shall be taken to assure

4 that, to the maximum extent possible, United States5 owned foreign currencies are utilized in lieu of dollars.

6 LIMITATION ON EXPENSES

7 SEC. 504. Of the funds appropriated or made avail8 able pursuant to this Act, not to exceed $5,000 no funds

9 shall be for entertainment expenses of the Agency for

10 International Development during the current fiscal year.

11 LIMITATION ON REPRESENTATIONAL ALLOWANCES

12 SEC. 505. Of the funds appropriated or made avail13 able pursuant to this Act, not to exceed $95,000 shall be

14 available for representation allowances for the Agency for

15 International Development during the current fiscal year:

16 Provided, That appropriate steps shall be taken to assure

17 that, to the maximum extent possible, United States18 owned foreign currencies are utilized in lieu of dollars:

19 Provided further, That of the funds made available by this

20 Act for general costs of administering military assistance

21 and sales under the heading ‘‘Foreign Military Financing

22 Program’’, not to exceed $2,000 no funds shall be available

23 for entertainment expenses and not to exceed $50,000

24 shall be available for representation allowances: Provided

25 further, That of the funds made available by this Act

26 under the heading ‘‘International Military Education and
47

HR 1868 RS

1 Training’’, not to exceed $50,000 shall be available for en2 tertainment allowances: Provided further, That of the

3 funds made available by this Act for the Inter-American

4 Foundation, no funds shall be available for entertainment

5 and not to exceed $2,000 shall be available for entertain6 ment and representation allowances: Provided further,

7 That of the funds made available by this Act for the Peace

8 Corps, not to exceed a total of $4,000 no funds shall be

9 available for entertainment expenses: Provided further,

10 That of the funds made available by this Act under the

11 heading ‘‘Trade and Development Agency’’, no funds shall

12 be available for entertainment and not to exceed $2,000

13 shall be available for representation and entertainment al14 lowances.

15 PROHIBITION ON FINANCING NUCLEAR GOODS

16 SEC. 506. None of the funds appropriated or made

17 available (other than funds for ‘‘International Organiza18 tions and Programs’’) pursuant to this Act, for carrying

19 out the Foreign Assistance Act of 1961, may be used, ex20 cept for purposes of nuclear safety, to finance the export

21 of nuclear equipment, fuel, or technology.

22 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

23 COUNTRIES

24 SEC. 507. None of the funds appropriated or other25 wise made available pursuant to this Act shall be obligated

26 or expended to finance directly any assistance or repara-
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1 tions to Cuba, Iraq, Libya, North Korea, Iran, Serbia,

2 Sudan, or Syria: Provided, That for purposes of this sec3 tion, the prohibition on obligations or expenditures shall

4 include direct loans, credits, insurance and guarantees of

5 the Export-Import Bank or its agents.

6 MILITARY COUPS

7 SEC. 508. None of the funds appropriated or other8 wise made available pursuant to this Act shall be obligated

9 or expended to finance directly any assistance to any coun10 try whose duly elected Head of Government is deposed by

11 military coup or decree: Provided, That assistance may be

12 resumed to such country if the President determines and

13 reports to the Committees on Appropriations that subse14 quent to the termination of assistance a democratically

15 elected government has taken office.

16 TRANSFERS BETWEEN ACCOUNTS

17 SEC. 509. None of the funds made available by this

18 Act may be obligated under an appropriation account to

19 which they were not appropriated, except for transfers

20 specifically provided for in this Act, unless the President,

21 prior to the exercise of any authority contained in the For22 eign Assistance Act of 1961 to transfer funds, consults

23 with and provides a written policy justification to the

24 Committees on Appropriations of the House of Represent25 atives and the Senate: Provided, That the exercise of such

26 authority shall be subject to the regular notification proce-
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1 dures of the Committees on Appropriations, except for

2 transfers specifically referred to in this Act.

3 DEOBLIGATION/REOBLIGATION AUTHORITY

4 SEC. 510. (a) Amounts certified pursuant to section

5 1311 of the Supplemental Appropriations Act, 1955, as

6 having been obligated against appropriations heretofore

7 made under the authority of the Foreign Assistance Act

8 of 1961 for the same general purpose as any of the head9 ings under title II of this Act are, if deobligated, hereby

10 continued available for the same period as the respective

11 appropriations under such headings or until September

12 30, 1996, whichever is later, and for the same general pur13 pose, and for countries within the same region as origi14 nally obligated: Provided, That the Appropriations Com15 mittees of both Houses of the Congress are notified fifteen

16 days in advance of the deobligation and reobligation of

17 such funds in accordance with regular notification proce18 dures of the Committees on Appropriations.

19 (b) Obligated balances of funds appropriated to carry

20 out section 23 of the Arms Export Control Act as of the

21 end of the fiscal year immediately preceding the current

22 fiscal year are, if deobligated, hereby continued available

23 during the current fiscal year for the same purpose under

24 any authority applicable to such appropriations under this

25 Act: Provided, That the authority of this subsection may

26 not be used in fiscal year 1996.
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1 AVAILABILITY OF FUNDS

2 SEC. 511. No part of any appropriation contained in

3 this Act shall remain available for obligation after the ex4 piration of the current fiscal year unless expressly so pro5 vided in this Act: Provided, That funds appropriated for

6 the purposes of chapters 1, 8 and 11 of part I, section

7 667, and chapter 4 of part II of the Foreign Assistance

8 Act of 1961, as amended, and funds provided under the

9 heading ‘‘Assistance for Eastern Europe and the Baltic

10 States’’, shall remain available until expended if such

11 funds are initially obligated before the expiration of their

12 respective periods of availability contained in this Act:

13 Provided further, That, notwithstanding any other provi14 sion of this Act, any funds made available for the purposes

15 of chapter 1 of part I and chapter 4 of part II of the

16 Foreign Assistance Act of 1961 which are allocated or ob17 ligated for cash disbursements in order to address balance

18 of payments or economic policy reform objectives, shall re19 main available until expended: Provided further, That the

20 report required by section 653(a) of the Foreign Assist21 ance Act of 1961 shall designate for each country, to the

22 extent known at the time of submission of such report,

23 those funds allocated for cash disbursement for balance

24 of payment and economic policy reform purposes.
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1 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

2 SEC. 512. No part of any appropriation contained in

3 this Act shall be used to furnish assistance to any country

4 which is in default during a period in excess of one cal5 endar year in payment to the United States of principal

6 or interest on any loan made to such country by the Unit7 ed States pursuant to a program for which funds are ap8 propriated under this Act: Provided, That this section and

9 section 620(q) of the Foreign Assistance Act of 1961 shall

10 not apply to funds made available in this Act or during

11 the current fiscal year for Nicaragua, and for any narcot12 ics-related assistance for Colombia, Bolivia, and Peru au13 thorized by the Foreign Assistance Act of 1961 or the

14 Arms Export Control Act.

15 COMMERCE AND TRADE

16 SEC. 513. (a) None of the funds appropriated or

17 made available pursuant to this Act for direct assistance

18 and none of the funds otherwise made available pursuant

19 to this Act to the Export-Import Bank and the Overseas

20 Private Investment Corporation shall be obligated or ex21 pended to finance any loan, any assistance or any other

22 financial commitments for establishing or expanding pro23 duction of any commodity for export by any country other

24 than the United States, if the commodity is likely to be

25 in surplus on world markets at the time the resulting pro26 ductive capacity is expected to become operative and if the
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1 assistance will cause substantial injury to United States

2 producers of the same, similar, or competing commodity:

3 Provided, That such prohibition shall not apply to the Ex4 port-Import Bank if in the judgment of its Board of Direc5 tors the benefits to industry and employment in the Unit6 ed States are likely to outweigh the injury to United

7 States producers of the same, similar, or competing com8 modity, and the Chairman of the Board so notifies the Com9 mittees on Appropriations.

10 (b) None of the funds appropriated by this or any

11 other Act to carry out chapter 1 of part I of the Foreign

12 Assistance Act of 1961 shall be available for any testing

13 or breeding feasibility study, variety improvement or intro14 duction, consultancy, publication, conference, or training

15 in connection with the growth or production in a foreign

16 country of an agricultural commodity for export which

17 would compete with a similar commodity grown or pro18 duced in the United States: Provided, That this subsection

19 shall not prohibit—

20 (1) activities designed to increase food security

21 in developing countries where such activities will not

22 have a significant impact in the export of agricul23 tural commodities of the United States; or

24 (2) research activities intended primarily to

25 benefit American producers.
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1 SURPLUS COMMODITIES

2 SEC. 514. The Secretary of the Treasury shall in3 struct the United States Executive Directors of the Inter4 national Bank for Reconstruction and Development, the

5 International Development Association, the International

6 Finance Corporation, the Inter-American Development

7 Bank, the International Monetary Fund, the Asian Devel8 opment Bank, the Inter-American Investment Corpora9 tion, the North American Development Bank, the Euro10 pean Bank for Reconstruction and Development, the Afri11 can Development Bank, and the African Development

12 Fund to use the voice and vote of the United States to

13 oppose any assistance by these institutions, using funds

14 appropriated or made available pursuant to this Act, for

15 the production or extraction of any commodity or mineral

16 for export, if it is in surplus on world markets and if the

17 assistance will cause substantial injury to United States

18 producers of the same, similar, or competing commodity.

19 NOTIFICATION REQUIREMENTS

20 SEC. 515. For the purposes of providing the Execu21 tive Branch with the necessary administrative flexibility,

22 none of the funds made available under this Act for ‘‘Child

23 Survival and Disease Programs Fund’’, ‘‘Development As24 sistance Fund’’, ‘‘Development Fund for Africa’’, ‘‘Eco25 nomic Assistance’’, ‘‘International organizations and pro26 grams’’, ‘‘Trade and Development Agency’’, ‘‘Inter-
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1 national narcotics control’’, ‘‘Assistance for Eastern Eu2 rope and the Baltic States’’, ‘‘Assistance for the New

3 Independent States of the Former Soviet Union’’, ‘‘Eco4 nomic Support Fund’’, ‘‘Peacekeeping operations’’, ‘‘Oper5 ating expenses of the Agency for International Develop6 ment’’, ‘‘Operating expenses of the Agency for Inter7 national Development Office of Inspector General’’, ‘‘Non8 proliferation and Disarmament Fund’’, ‘‘Anti-terrorism

9 assistance’’, ‘‘Foreign Military Financing Program’’,

10 ‘‘International military education and training’’, ‘‘Inter11 American Foundation’’, ‘‘African Development Founda12 tion’’, ‘‘Peace Corps’’, ‘‘Middle East Fund’’ or ‘‘Migration

13 and refugee assistance’’, or ‘‘United States Emergency

14 Refugee and Migration Assistance Fund’’, shall be avail15 able for obligation for activities, programs, projects, type

16 of materiel assistance, countries, or other operations not

17 justified or in excess of the amount justified to the Appro18 priations Committees for obligation under any of these

19 specific headings unless the Appropriations Committees of

20 both Houses of Congress are previously notified fifteen

21 days in advance: Provided, That the President shall not

22 enter into any commitment of funds appropriated for the

23 purposes of section 23 of the Arms Export Control Act

24 for the provision of major defense equipment, other than

25 conventional ammunition, or other major defense items
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1 defined to be aircraft, ships, missiles, or combat vehicles,

2 not previously justified to Congress or 20 per centum in

3 excess of the quantities justified to Congress unless the

4 Committees on Appropriations are notified fifteen days in

5 advance of such commitment: Provided further, That this

6 section shall not apply to any reprogramming for an activ7 ity, program, or project under chapter 1 of part I of the

8 Foreign Assistance Act of 1961 of less than 20 10 per

9 centum of the amount previously justified to the Congress

10 for obligation for such activity, program, or project for the

11 current fiscal year: Provided further, That the require12 ments of this section or any similar provision of this Act

13 or any prior Act requiring notification in accordance with

14 the regular notification procedures of the Committees on

15 Appropriations may be waived if failure to do so would

16 pose a substantial risk to human health or welfare: Pro17 vided further, That in case of any such waiver, notification

18 to the Congress, or the appropriate congressional commit19 tees, shall be provided as early as practicable, but in no

20 event later than three days after taking the action to

21 which such notification requirement was applicable, in the

22 context of the circumstances necessitating such waiver:

23 Provided further, That any notification provided pursuant

24 to such a waiver shall contain an explanation of the emer25 gency circumstances.
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1 Drawdowns made pursuant to section 506(a)(2) of

2 the Foreign Assistance Act of 1961 shall be subject to the

3 regular notification procedures of the Committees on Ap4 propriations.

5 LIMITATION ON AVAILABILITY OF FUNDS FOR

6 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

7 SEC. 516. Notwithstanding any other provision of law

8 or of this Act, none of the funds provided for ‘‘Inter9 national Organizations and Programs’’ shall be available

10 for the United States proportionate share, in accordance

11 with section 307(c) of the Foreign Assistance Act of 1961,

12 for any programs identified in section 307, or for Libya,

13 Iran, or, at the discretion of the President, Communist

14 countries listed in section 620(f) of the Foreign Assistance

15 Act of 1961, as amended: Provided, That, subject to the

16 regular notification procedures of the Committees on Ap17 propriations, funds appropriated under this Act or any

18 previously enacted Act making appropriations for foreign

19 operations, export financing, and related programs, which

20 are returned or not made available for organizations and

21 programs because of the implementation of this section

22 or any similar provision of law, shall remain available for

23 obligation through September 30, 1997.

24 ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL

25 SEC. 517. The Congress finds that progress on the

26 peace process in the Middle East is vitally important to
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1 United States security interests in the region. The Con2 gress recognizes that, in fulfilling its obligations under the

3 Treaty of Peace Between the Arab Republic of Egypt and

4 the State of Israel, done at Washington on March 26,

5 1979, Israel incurred severe economic burdens. Further6 more, the Congress recognizes that an economically and

7 militarily secure Israel serves the security interests of the

8 United States, for a secure Israel is an Israel which has

9 the incentive and confidence to continue pursuing the

10 peace process. Therefore, the Congress declares that, sub11 ject to the availability of appropriations, it is the policy

12 and the intention of the United States that the funds pro13 vided in annual appropriations for the Economic Support

14 Fund economic assistance which are allocated to Israel

15 shall not be less than the annual debt repayment (interest

16 and principal) from Israel to the United States Govern17 ment in recognition that such a principle serves United

18 States interests in the region.

19 PROHIBITION CONCERNING ABORTIONS ON FUNDING FOR

20 ABORTIONS AND INVOLUNTARY STERILIZATION

21 SEC. 518. None of the funds made available to carry

22 out part I of the Foreign Assistance Act of 1961, as

23 amended, may be used to pay for the performance of abor24 tions as a method of family planning or to motivate or

25 coerce any person to practice abortions. None of the funds

26 made available to carry out part I of the Foreign Assist-
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1 ance Act of 1961, as amended, may be used to pay for

2 the performance of involuntary sterilization as a method

3 of family planning or to coerce or provide any financial

4 incentive to any person to undergo sterilizations. None of

5 the funds made available to carry out part I of the Foreign

6 Assistance Act of 1961, as amended, may be used to pay

7 for any biomedical research which relates in whole or in

8 part, to methods of, or the performance of, abortions or

9 involuntary sterilization as a means of family planning.

10 None of the funds made available to carry out part I of

11 the Foreign Assistance Act of 1961, as amended, may be

12 obligated or expended for any country or organization if

13 the President certifies that the use of these funds by any

14 such country or organization would violate any of the

15 above provisions related to abortions and involuntary steri16 lizations: Provided, That in determining eligibility for as17 sistance from funds appropriated to carry out section 104

18 of the Foreign Assistance Act of 1961, nongovernmental and

19 multilateral organizations shall not be subjected to require20 ments more restrictive than the requirements applicable to

21 foreign governments for such assistance: Provided further,

22 That none of the funds made available under this Act may

23 be used to lobby for or against abortion.
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1 REPORTING REQUIREMENT

2 SEC. 519. The President shall submit to the Commit3 tees on Appropriations the reports required by section

4 25(a)(1) of the Arms Export Control Act.

5 SPECIAL NOTIFICATION REQUIREMENTS

6 SEC. 520. None of the funds appropriated in this Act

7 shall be obligated or expended for Colombia, Dominican

8 Republic, Guatemala, Haiti, Indonesia, Liberia, Nica9 ragua, Pakistan, Peru, Russia, Sudan, or Zaire except as

10 provided through the regular notification procedures of the

11 Committees on Appropriations: Provided, That this section

12 shall not apply to funds appropriated by this Act to carry

13 out the provisions of chapter 1 of part I of the Foreign

14 Assistance Act of 1961 that are made available for Indo15 nesia and Nicaragua.

16 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

17 SEC. 521. For the purpose of this Act, ‘‘program,

18 project, and activity’’ shall be defined at the Appropria19 tions Act account level and shall include all Appropriations

20 and Authorizations Acts earmarks, ceilings, and limita21 tions with the exception that for the following accounts:

22 Economic Support Fund and Foreign Military Financing

23 Program, ‘‘program, project, and activity’’ shall also be

24 considered to include country, regional, and central pro25 gram level funding within each such account; for the devel26 opment assistance accounts of the Agency for Inter-
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1 national Development ‘‘program, project, and activity’’

2 shall also be considered to include central program level

3 funding, either as (1) justified to the Congress, or (2) allo4 cated by the executive branch in accordance with a report,

5 to be provided to the Committees on Appropriations within

6 thirty days of enactment of this Act, as required by section

7 653(a) of the Foreign Assistance Act of 1961.

8 FAMILY PLANNING, CHILD SURVIVAL AND AIDS ACTIVITIES

9 SEC. 522. Up to $8,000,000 of the funds made avail10 able by this Act for assistance for family planning, health,

11 child survival, and AIDS, may be used to reimburse Unit12 ed States Government agencies, agencies of State govern13 ments, institutions of higher learning, and private and vol14 untary organizations for the full cost of individuals (in15 cluding for the personal services of such individuals) de16 tailed or assigned to, or contracted by, as the case may

17 be, the Agency for International Development for the pur18 pose of carrying out family planning activities, child sur19 vival activities and activities relating to research on, and

20 the treatment and control of, acquired immune deficiency

21 syndrome in developing countries: Provided, That funds

22 appropriated by this Act that are made available for child

23 survival activities or activities relating to research on, and

24 the treatment and control of, acquired immune deficiency

25 syndrome may be made available notwithstanding any pro-
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1 vision of law that restricts assistance to foreign countries:

2 Provided further, That funds appropriated by this Act that

3 are made available for family planning activities may be

4 made available notwithstanding section 512 of this Act

5 and section 620(q) of the Foreign Assistance Act of 1961.

6 PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN

7 COUNTRIES

8 SEC. 523. None of the funds appropriated or other9 wise made available pursuant to this Act shall be obligated

10 to finance indirectly any assistance or reparations to

11 Cuba, Iraq, Libya, Iran, Syria, North Korea, or the Peo12 ple’s Republic of China, unless the President of the United

13 States certifies that the withholding of these funds is con14 trary to the national security interest of the United States.

15 RECIPROCAL LEASING

16 SEC. 524. Section 61(a) of the Arms Export Control

17 Act is amended by striking out ‘‘1995’’ and inserting in

18 lieu thereof ‘‘1996’’.

19 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

20 SEC. 525. Prior to providing excess Department of

21 Defense articles in accordance with section 516(a) of the

22 Foreign Assistance Act of 1961, the Department of De23 fense shall notify the Committees on Appropriations to the

24 same extent and under the same conditions as are other

25 committees pursuant to subsection (c) of that section: Pro26 vided, That before issuing a letter of offer to sell excess
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1 defense articles under the Arms Export Control Act, the

2 Department of Defense shall notify the Committees on

3 Appropriations in accordance with the regular notification

4 procedures of such Committees: Provided further, That

5 such Committees shall also be informed of the original ac6 quisition cost of such defense articles.

7 AUTHORIZATION REQUIREMENT

8 SEC. 526. Funds appropriated by this Act may be

9 obligated and expended subject to notwithstanding section

10 10 of Public Law 91–672 and section 15 of the State De11 partment Basic Authorities Act of 1956.

12 OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES

13 BY INTERNATIONAL FINANCIAL INSTITUTIONS

14 SEC. 527. (a) INSTRUCTIONS FOR UNITED STATES

15 EXECUTIVE DIRECTORS.—The Secretary of the Treasury

16 shall instruct the United States Executive Director of each

17 international financial institution designated in subsection

18 (b), and the Administrator of the Agency for International

19 Development shall instruct the United States Executive

20 Director of the International Fund for Agriculture Devel21 opment, to use the voice and vote of the United States

22 to oppose any loan or other use of the funds of the respec23 tive institution to or for a country for which the Secretary

24 of State has made a determination under section 6(j) of

25 the Export Administration Act of 1979.
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1 (b) DEFINITION.—For purposes of this section, the

2 term ‘‘international financial institution’’ includes—

3 (1) the International Bank for Reconstruction

4 and Development, the International Development

5 Association, and the International Monetary Fund;

6 and

7 (2) wherever applicable, the Inter-American De8 velopment Bank, the Asian Development Bank, the

9 African Development Bank, the African Develop10 ment Fund, and the European Bank for Reconstruc11 tion and Development.

12 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

13 COUNTRIES

14 SEC. 527A. (a) Notwithstanding any other provision

15 of law, funds appropriated for bilateral assistance under

16 any heading of this Act and funds appropriated under any

17 such heading in a provision of law enacted prior to enact18 ment of this Act, shall not be made available to any country

19 which the President determines—

20 (1) grants sanctuary from prosecution to any in21 dividual or group which has committed an act of

22 international terrorism, or

23 (2) otherwise supports international terrorism.

24 (b) The President may waive the application of sub25 section (a) to a country if the President determines that

26 national security or humanitarian reasons justify such
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1 waiver. The President shall publish each waiver in the Fed2 eral Register and, at least fifteen days before the waiver

3 takes effect, shall notify the Committees on Appropriations

4 of the waiver (including the justification for the waiver)

5 in accordance with the regular notification procedures of

6 the Committees on Appropriations.

7 COMMERCIAL LEASING OF DEFENSE ARTICLES

8 SEC. 528. Notwithstanding any other provision of

9 law, and subject to the regular notification requirements

10 of the Committees on Appropriations, the authority of sec11 tion 23(a) of the Arms Export Control Act may be used

12 to provide financing to Israel and Israel, Egypt and NATO

13 and major non-NATO allies for the procurement by leas14 ing (including leasing with an option to purchase) of de15 fense articles from United States commercial suppliers,

16 not including Major Defense Equipment (other than heli17 copters and other types of aircraft having possible civilian

18 application), if the President determines that there are

19 compelling foreign policy or national security reasons for

20 those defense articles being provided by commercial lease

21 rather than by government-to-government sale under such

22 Act.

23 COMPETITIVE INSURANCE

24 SEC. 528A. All Agency for International Development

25 contracts and solicitations, and subcontracts entered into

26 under such contracts, shall include a clause requiring that
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1 United States insurance companies have a fair opportunity

2 to bid for insurance when such insurance is necessary or

3 appropriate.

4 STINGERS IN THE PERSIAN GULF REGION

5 SEC. 529. Except as provided in section 581 of the

6 Foreign Operations, Export Financing, and Related Pro7 grams Appropriations Act, 1990, the United States may

8 not sell or otherwise make available any Stingers to any

9 country bordering the Persian Gulf under the Arms Ex10 port Control Act or chapter 2 of part II of the Foreign

11 Assistance Act of 1961.

12 DEBT-FOR-DEVELOPMENT

13 SEC. 530. In order to enhance the continued partici14 pation of nongovernmental organizations in economic as15 sistance activities under the Foreign Assistance Act of

16 1961, including endowments, debt-for-development and

17 debt-for-nature exchanges, a nongovernmental organiza18 tion which is a grantee or contractor of the Agency for

19 International Development may place in interest bearing

20 accounts funds made available under this Act or prior Acts

21 or local currencies which accrue to that organization as

22 a result of economic assistance provided under title II of

23 this Act and any interest earned on such investment may

24 be used for the purpose for which the assistance was pro25 vided to that organization.
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1 LOCATION OF STOCKPILES

2 SEC. 531. Section 514(b)(2) of the Foreign Assist3 ance Act of 1961 is amended by striking out ‘‘a total of

4 $200,000,000 for stockpiles in Israel for fiscal years 1994

5 and 1995, up to $40,000,000 may be made available for

6 stockpiles in the Republic of Korea, and up to

7 $10,000,000 may be made available for stockpiles in Thai8 land for fiscal year 1995.’’ and inserting in lieu thereof

9 ‘‘$200,000,000 for stockpiles in Israel, $40,000,000 for

10 stockpiles in the Republic of Korea and $10,000,000 for

11 stockpiles in Thailand for fiscal year 1996’’.

12 COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES

13 SEC. 531A. (a) COSTING BASIS.—Section 22 of the

14 Arms Export Control Act (22 U.S.C. 2762) is amended by

15 adding at the end the following:

16 ‘‘(d) COMPETITIVE PRICING.—Procurement contracts

17 made in implementation of sales under this section for de18 fense articles and defense services wholly paid for funds

19 made available on a nonrepayable basis shall be priced on

20 the same costing basis with regard to profit, overhead, inde21 pendent research and development, bid and proposal, and

22 other costing elements, as is applicable to procurements of

23 like items purchased by the Department of Defense for its

24 own use.’’
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1 (b) EFFECTIVE DATE AND IMPLEMENTING REGULA2 TIONS.—Section 22(d) of the Arms Export Control Act, as

3 added by subsection (a)—

4 (1) shall take effect on the 60th day following the

5 date of the enactment of this Act;

6 (2) shall be applicable only to contracts made in

7 implementation of sales made after such effective date;

8 and

9 (3) shall be implemented by revised procurement

10 regulations, which shall be issued prior to such effec11 tive date.

12 STOCKPILES OF DEFENSE ARTICLES

13 SEC. 531B. (a) LIMITATION ON VALUE OF ADDI14 TIONS.—Section 514(b)(1) of the Foreign Assistance Act of

15 1961 (22 U.S.C. 2321h(b)(1)) is amended by inserting ‘‘or

16 in the implementation of agreements with Israel’’ after

17 ‘‘North Atlantic Treaty Organization’’.

18 (b) ADDITIONS IN FISCAL YEARS 1996 AND 1997.—

19 Section 514(b)(2) of such Act (22 U.S.C. 2321h(b)(2)) is

20 amended to read as follows:

21 ‘‘(2)(A) The value of such additions to stockpiles of de22 fense articles in foreign countries shall not exceed

23 $50,000,000 for each of the fiscal years 1996 and 1997.

24 ‘‘(B) Of the amount specified in subparagraph (A) for

25 each of the fiscal years 1996 and 1997, not more than

26 $40,000,000 may be made available for stockpiles in the Re-
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1 public of Korea and not more than $10,000,000 may be

2 made available for stockpiles in Thailand.’’.

3 (c) LOCATION OF STOCKPILES OF DEFENSE AUTHORI4 TIES.—Section 514(c) of such Act (22 U.S.C. 2321h(c)) is

5 amended to read as follows:

6 ‘‘(c) LOCATION OF STOCKPILES OF DEFENSE ARTI7 CLES.—

8 ‘‘(1) LIMITATION.—Except as provided in para9 graph (2), no stockpile of defense articles may be lo10 cated outside the boundaries of a United States mili11 tary base or a military base used primarily by the

12 United States.

13 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not

14 apply with respect to stockpiles of defense articles lo15 cated in the Republic of Korea, Thailand, any coun16 try that is a member of the North Atlantic Treaty Or17 ganization, any country that is a major non-NATO

18 ally, or any other country the President may des19 ignate. At least 15 days before designating a country

20 pursuant to the last clause of the preceding sentence,

21 the President shall notify the congressional commit22 tees specified in section 634A(a) in accordance with

23 the procedures applicable to reprogramming notifica24 tions under that section.’’.
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1 SEPARATE ACCOUNTS

2 SEC. 532. (a) SEPARATE ACCOUNTS FOR LOCAL

3 CURRENCIES.—(1) If assistance is furnished to the gov4 ernment of a foreign country under chapters 1 and 10 of

5 part I or chapter 4 of part II of the Foreign Assistance

6 Act of 1961 under agreements which result in the genera7 tion of local currencies of that country, the Administrator

8 of the Agency for International Development shall—

9 (A) require that local currencies be deposited in

10 a separate account established by that government;

11 (B) enter into an agreement with that govern12 ment which sets forth—

13 (i) the amount of the local currencies to be

14 generated, and

15 (ii) the terms and conditions under which

16 the currencies so deposited may be utilized, con17 sistent with this section; and

18 (C) establish by agreement with that govern19 ment the responsibilities of the Agency for Inter20 national Development and that government to mon21 itor and account for deposits into and disbursements

22 from the separate account.

23 (2) USES OF LOCAL CURRENCIES.—As may be

24 agreed upon with the foreign government, local currencies

25 deposited in a separate account pursuant to subsection
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1 (a), or an equivalent amount of local currencies, shall be

2 used only—

3 (A) to carry out chapters 1 or 10 of part I or

4 chapter 4 of part II (as the case may be), for such

5 purposes as—

6 (i) project and sector assistance activities,

7 or

8 (ii) debt and deficit financing; or

9 (B) for the administrative requirements of the

10 United States Government.

11 (3) PROGRAMMING ACCOUNTABILITY.—The Agency

12 for International Development shall take all appropriate

13 steps to ensure that the equivalent of the local currencies

14 disbursed pursuant to subsection (a)(2)(A) from the sepa15 rate account established pursuant to subsection (a)(1) are

16 used for the purposes agreed upon pursuant to subsection

17 (a)(2).

18 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

19 Upon termination of assistance to a country under chap20 ters 1 or 10 of part I or chapter 4 of part II (as the case

21 may be), any unencumbered balances of funds which re22 main in a separate account established pursuant to sub23 section (a) shall be disposed of for such purposes as may

24 be agreed to by the government of that country and the

25 United States Government.
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1 (5) CONFORMING AMENDMENTS.—The provisions of

2 this subsection shall supersede the tenth and eleventh pro3 visos contained under the heading ‘‘Sub-Saharan Africa,

4 Development Assistance’’ as included in the Foreign Oper5 ations, Export Financing, and Related Programs Appro6 priations Act, 1989 and sections 531(d) and 609 of the

7 Foreign Assistance Act of 1961.

8 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

9 (1) If assistance is made available to the government of

10 a foreign country, under chapters 1 or 10 of part I or

11 chapter 4 of part II of the Foreign Assistance Act of 1961,

12 as cash transfer assistance or as nonproject sector assist13 ance, that country shall be required to maintain such

14 funds in a separate account and not commingle them with

15 any other funds.

16 (2) APPLICABILITY OF OTHER PROVISIONS OF

17 LAW.—Such funds may be obligated and expended not18 withstanding provisions of law which are inconsistent with

19 the nature of this assistance including provisions which

20 are referenced in the Joint Explanatory Statement of the

21 Committee of Conference accompanying House Joint Res22 olution 648 (H. Report No. 98–1159).

23 (3) NOTIFICATION.—At least fifteen days prior to ob24 ligating any such cash transfer or nonproject sector assist25 ance, the President shall submit a notification through the
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1 regular notification procedures of the Committees on Ap2 propriations, which shall include a detailed description of

3 how the funds proposed to be made available will be used,

4 with a discussion of the United States interests that will

5 be served by the assistance (including, as appropriate, a

6 description of the economic policy reforms that will be pro7 moted by such assistance).

8 (4) EXEMPTION.—Nonproject sector assistance funds

9 may be exempt from the requirements of subsection (b)(1)

10 only through the notification procedures of the Commit11 tees on Appropriations.

12 COMPENSATION FOR UNITED STATES EXECUTIVE

13 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

14 SEC. 533. (a) No funds appropriated by this Act may

15 be made as payment to any international financial institu16 tion while the United States Executive Director to such

17 institution is compensated by the institution at a rate

18 which, together with whatever compensation such Director

19 receives from the United States, is in excess of the rate

20 provided for an individual occupying a position at level IV

21 of the Executive Schedule under section 5315 of title 5,

22 United States Code, or while any alternate United States

23 Director to such institution is compensated by the institu24 tion at a rate in excess of the rate provided for an individ25 ual occupying a position at level V of the Executive Sched26 ule under section 5316 of title 5, United States Code.
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1 (b) For purposes of this section, ‘‘international finan2 cial institutions’’ are: the International Bank for Recon3 struction and Development, the Inter-American Develop4 ment Bank, the Asian Development Bank, the Asian De5 velopment Fund, the African Development Bank, the Afri6 can Development Fund, the International Monetary Fund,

7 the North American Development Bank, and the Euro8 pean Bank for Reconstruction and Development.

9 COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST

10 IRAQ

11 SEC. 534. (a) DENIAL OF ASSISTANCE.—None of the

12 funds appropriated or otherwise made available pursuant

13 to this Act to carry out the Foreign Assistance Act of

14 1961 (including title IV of chapter 2 of part I, relating

15 to the Overseas Private Investment Corporation) or the

16 Arms Export Control Act may be used to provide assist17 ance to any country that is not in compliance with the

18 United Nations Security Council sanctions against Iraq,

19 Serbia or Montenegro unless the President determines and

20 so certifies to the Congress that—

21 (1) such assistance is in the national interest of

22 the United States;

23 (2) such assistance will directly benefit the

24 needy people in that country; or
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1 (3) the assistance to be provided will be human2 itarian assistance for foreign nationals who have fled

3 Iraq and Kuwait.

4 (b) IMPORT SANCTIONS.—If the President considers

5 that the taking of such action would promote the effective6 ness of the economic sanctions of the United Nations and

7 the United States imposed with respect to Iraq, Serbia,

8 or Montenegro, as the case may be and is consistent with

9 the national interest, the President may prohibit, for such

10 a period of time as he considers appropriate, the importa11 tion into the United States of any or all products of any

12 foreign country that has not prohibited—

13 (1) the importation of products of Iraq, Serbia,

14 or Montenegro into its customs territory, and

15 (2) the export of its products to Iraq, Serbia,

16 or Montenegro, as the case may be.

17 POW/MIA MILITARY DRAWDOWN

18 SEC. 535. (a) Notwithstanding any other provision

19 of law, the President may direct the drawdown, without

20 reimbursement by the recipient, of defense articles from

21 the stocks of the Department of Defense, defense services

22 of the Department of Defense, and military education and

23 training, of an aggregate value not to exceed $15,000,000

24 in fiscal year 1996, as may be necessary to carry out sub25 section (b).
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1 (b) Such defense articles, services and training may

2 be provided to Vietnam, Cambodia and Laos, under sub3 section (a) as the President determines are necessary to

4 support efforts to locate and repatriate members of the

5 United States Armed Forces and civilians employed di6 rectly or indirectly by the United States Government who

7 remain unaccounted for from the Vietnam War, and to

8 ensure the safety of United States Government personnel

9 engaged in such cooperative efforts and to support United

10 States Department of Defense-sponsored humanitarian

11 projects associated with the POW/MIA efforts. Any air12 craft shall be provided under this section only to Laos and

13 only on a lease or loan basis, but may be provided at no

14 cost notwithstanding section 61 of the Arms Export Con15 trol Act and may be maintained with defense articles, serv16 ices and training provided under this section.

17 (c) The President shall, within sixty days of the end

18 of any fiscal year in which the authority of subsection (a)

19 is exercised, submit a report to the Congress which identi20 fies the articles, services, and training drawn down under

21 this section.

22 (d) There are authorized to be appropriated to the

23 President such sums as may be necessary to reimburse the

24 applicable appropriation, fund, or account for defense arti-
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1 cles, defense services, and military education and training

2 provided under this section.

3 MEDITERRANEAN EXCESS DEFENSE ARTICLES

4 SEC. 536. During fiscal year 1996, the provisions of

5 section 573(e) of the Foreign Operations, Export Financ6 ing, and Related Programs Appropriations Act, 1990,

7 shall be applicable, for the period specified therein, to ex8 cess defense articles made available under sections 516

9 and 519 of the Foreign Assistance Act of 1961.

10 PRIORITY DELIVERY OF EQUIPMENT

11 SEC. 536A. Notwithstanding any other provision of

12 law, the delivery of excess defense articles that are to be

13 transferred on a grant basis under section 516 of the For14 eign Assistance Act to NATO allies and to major non-NATO

15 allies on the southern and southeastern flank of NATO shall

16 be given priority to the maximum extent feasible over the

17 delivery of such excess defense articles to other countries.

18 CASH FLOW FINANCING

19 SEC. 537. For each country that has been approved

20 for cash flow financing (as defined in section 25(d) of the

21 Arms Export Control Act, as added by section 112(b) of

22 Public Law 99–83) under the Foreign Military Financing

23 Program, any Letter of Offer and Acceptance or other

24 purchase agreement, or any amendment thereto, for a pro25 curement in excess of $100,000,000 that is to be financed

26 in whole or in part with funds made available under this
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1 Act shall be submitted through the regular notification

2 procedures to the Committees on Appropriations.

3 AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER4 ICAN FOUNDATION AND THE AFRICAN DEVELOP5 MENT FOUNDATION

6 SEC. 538. Unless expressly provided to the contrary,

7 provisions of this or any other Act, including provisions

8 contained in prior Acts authorizing or making appropria9 tions for foreign operations, export financing, and related

10 programs, shall not be construed to prohibit activities au11 thorized by or conducted under the Peace Corps Act, the

12 Inter-American Foundation Act, or the African Develop13 ment Foundation Act. The appropriate agency shall

14 promptly report to the Committees on Appropriations

15 whenever it is conducting activities or is proposing to con16 duct activities in a country for which assistance is prohib17 ited.

18 IMPACT ON JOBS IN THE UNITED STATES

19 SEC. 539. None of the funds appropriated by this Act

20 may be obligated or expended to provide—

21 (a) any financial incentive to a business enter22 prise currently located in the United States for the

23 purpose of inducing such an enterprise to relocate

24 outside the United States if such incentive or in25 ducement is likely to reduce the number of employ26 ees of such business enterprise in the United States
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1 because United States production is being replaced

2 by such enterprise outside the United States;

3 (b) assistance for the purpose of establishing or

4 developing in a foreign country any export process5 ing zone or designated area in which the tax, tariff,

6 labor, environment, and safety laws of that country

7 do not apply, in part or in whole, to activities car8 ried out within that zone or area, unless the Presi9 dent determines and certifies that such assistance is

10 not likely to cause a loss of jobs within the United

11 States; or

12 (c) assistance for any project or activity that

13 contributes to the violation of internationally recog14 nized workers rights, as defined in section 502(a)(4)

15 of the Trade Act of 1974, of workers in the recipient

16 country, including any designated zone or area in

17 that country: Provided, That in recognition that the

18 application of this subsection should be commensu19 rate with the level of development of the recipient

20 country and sector, the provisions of this subsection

21 shall not preclude assistance for the informal sector

22 in such country, micro and small-scale enterprise,

23 and smallholder agriculture.

24 AUTHORITY TO ASSIST BOSNIA-HERCEGOVINA

25 SEC. 540. (a) Congress finds as follows:
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1 (1) The United Nations has imposed an embar2 go on the transfer of arms to any country on the

3 territory of the former Yugoslavia.

4 (2) The federated states of Serbia and

5 Montenegro have a large supply of military equip6 ment and ammunition and the Serbian forces fight7 ing the government of Bosnia-Hercegovina have

8 more than one thousand battle tanks, armored vehi9 cles, and artillery pieces.

10 (3) Because the United Nations arms embargo

11 is serving to sustain the military advantage of the

12 aggressor, the United Nations should exempt the

13 government of Bosnia-Hercegovina from its

14 embargo.

15 (b) Pursuant to a lifting of the United Nations arms

16 embargo, or to a unilateral lifting of the arms embargo

17 by the President of the United States, against Bosnia18 Hercegovina, the President is authorized to transfer, sub19 ject to prior notification of the Committees on Appropria20 tions, to the government of that nation, without reim21 bursement, defense articles from the stocks of the Depart22 ment of Defense and defense services of the Department

23 of Defense of an aggregate value not to exceed

24 $50,000,000 in fiscal year 1996: Provided, That the Presi25 dent certifies in a timely fashion to the Congress that the
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1 transfer of such articles would assist that nation in self2 defense and thereby promote the security and stability of

3 the region.

4 (c) Within 60 days of any transfer under the author5 ity provided in subsection (b), and every 60 days there6 after, the President shall report in writing to the Speaker

7 of the House of Representatives and the President pro

8 tempore of the Senate concerning the articles transferred

9 and the disposition thereof.

10 (d) There are authorized to be appropriated to the

11 President such sums as may be necessary to reimburse

12 the applicable appropriation, fund, or account for defense

13 articles provided under this section.

14 RESTRICTIONS ON THE TERMINATION OF SANCTIONS

15 AGAINST SERBIA AND MONTENEGRO

16 SEC. 540A. (a) RESTRICTIONS.—Notwithstanding

17 any other provision of law, no sanction, prohibition, or re18 quirement described in section 1511 of the National De19 fense Authorization Act for Fiscal Year 1994 (Public Law

20 103–160), with respect to Serbia or Montenegro, may

21 cease to be effective, unless—

22 (1) the President first submits to the Congress

23 a certification described in subsection (b); and

24 (2) the requirements of section 1511 of that

25 Act are met.
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1 (b) CERTIFICATION.—A certification described in this

2 subsection is a certification that—

3 (1) there is substantial progress toward—

4 (A) the realization of a separate identity

5 for Kosova and the right of the people of

6 Kosova to govern themselves; or

7 (B) the creation of an international protec8 torate for Kosova;

9 (2) there is substantial improvement in the

10 human rights situation in Kosova;

11 (3) international human rights observers are al12 lowed to return to Kosova; and

13 (4) the elected government of Kosova is per14 mitted to meet and carry out its legitimate mandate

15 as elected representatives of the people of Kosova.

16 (c) EXPANDED AUTHORITY.—Section 660(b) of the

17 Foreign Assistance Act of 1961 is amended—

18 (1) in paragraph (3), by striking ‘‘or’’;

19 (2) in paragraph (4), by striking the period at

20 the end thereof and inserting ‘‘; or’’; and

21 (3) adding the following new paragraph:

22 ‘‘(5) with respect to assistance, including training, re23 lating to sanctions monitoring and enforcement.’’.
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1 SPECIAL AUTHORITIES

2 SEC. 541. (a) Funds appropriated in title II of this

3 Act that are made available for Haiti, Afghanistan, Leb4 anon, and Cambodia, and for victims of war, displaced

5 children, displaced Burmese, humanitarian assistance for

6 Romania, and humanitarian assistance for the peoples of

7 Bosnia-Hercegovina, Croatia, and Kosova, may be made

8 available notwithstanding any other provision of law: Pro9 vided, That any such funds that are made available for

10 Cambodia shall be subject to the provisions of section

11 531(e) of the Foreign Assistance Act of 1961 and section

12 906 of the International Security and Development Co13 operation Act of 1985: Provided further, That the Presi14 dent shall terminate assistance to any country or organiza15 tion that he determines is cooperating, tactically or strate16 gically, with the Khmer Rouge in their military operations

17 tactically or strategically, with the Khmer Rouge in their

18 military operations, or which is cooperating commercially

19 with the Khmer Rouge.

20 (b) Funds appropriated by this Act to carry out the

21 provisions of sections 103 through 106 of the Foreign As22 sistance Act of 1961 may be used, notwithstanding any

23 other provision of law, for the purpose of supporting tropi24 cal forestry and energy programs aimed at reducing emis25 sions of greenhouse gases, and for the purpose of support-
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1 ing biodiversity conservation activities: Provided, That

2 such assistance shall be subject to sections 116, 502B, and

3 620A of the Foreign Assistance Act of 1961.

4 (c) During fiscal year 1996, the President may use

5 up to $40,000,000 under the authority of section 451 of

6 the Foreign Assistance Act of 1961, notwithstanding the

7 funding ceiling contained in subsection (a) of that section.

8 (d) The Agency for International Development may

9 employ personal services contractors, notwithstanding any

10 other provision of law, for the purpose of administering

11 programs for the West Bank and Gaza.

12 POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT

13 OF ISRAEL

14 SEC. 542. It is the sense of the Congress that—

15 (1) the Arab League countries should imme16 diately and publicly renounce the primary boycott of

17 Israel and the secondary and tertiary boycott of

18 American firms that have commercial ties with Is19 rael; and

20 (2) the President should—

21 (A) take more concrete steps to encourage

22 vigorously Arab League countries to renounce

23 publicly the primary boycotts of Israel and the

24 secondary and tertiary boycotts of American

25 firms that have commercial relations with Israel

26 as a confidence-building measure;
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1 (B) take into consideration the participa2 tion of any recipient country in the primary

3 boycott of Israel and the secondary and tertiary

4 boycotts of American firms that have commer5 cial relations with Israel when determining

6 whether to sell weapons to said country;

7 (C) report to Congress on the specific

8 steps being taken by the President to bring

9 about a public renunciation of the Arab primary

10 boycott of Israel and the secondary and tertiary

11 boycotts of American firms that have commer12 cial relations with Israel; and

13 (D) encourage the allies and trading part14 ners of the United States to enact laws prohib15 iting businesses from complying with the boy16 cott and penalizing businesses that do comply.

17 ANTI-NARCOTICS ACTIVITIES

18 SEC. 543. (a) Of the funds appropriated or otherwise

19 made available by this Act for ‘‘Economic Support Fund’’,

20 under the heading ‘‘Economic Assistance’’, assistance may

21 be provided to strengthen the administration of justice in

22 countries in Latin America and the Caribbean in accord23 ance with the provisions of section 534 of the Foreign As24 sistance Act of 1961, except that programs to enhance

25 protection of participants in judicial cases may be con26 ducted notwithstanding section 660 of that Act.
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1 (b) Funds made available pursuant to this section

2 may be made available notwithstanding the third sentence

3 of section 534(e) of the Foreign Assistance Act of 1961.

4 Funds made available pursuant to subsection (a) for Bo5 livia, Colombia and Peru may be made available notwith6 standing section 534(c) and the second sentence of section

7 534(e) of the Foreign Assistance Act of 1961.

8 ELIGIBILITY FOR ASSISTANCE

9 SEC. 544. (a) ASSISTANCE THROUGH NONGOVERN10 MENTAL ORGANIZATIONS.—Restrictions contained in this

11 or any other Act with respect to assistance for a country

12 shall not be construed to restrict assistance in support of

13 programs of nongovernmental organizations from funds

14 appropriated by this Act to carry out the provisions of

15 chapters 1 and 10 of part I of the Foreign Assistance Act

16 of 1961: Provided, That the President shall take into con17 sideration, in any case in which a restriction on assistance

18 would be applicable but for this subsection, whether assist19 ance in support of programs of nongovernmental organiza20 tions is in the national interest of the United States: Pro21 vided further, That before using the authority of this sub22 section to furnish assistance in support of programs of

23 nongovernmental organizations, the President shall notify

24 the Committees on Appropriations under the regular noti25 fication procedures of those committees, including a de26 scription of the program to be assisted, the assistance to
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1 be provided, and the reasons for furnishing such assist2 ance: Provided further, That nothing in this subsection

3 shall be construed to alter any existing statutory prohibi4 tions against abortion or involuntary sterilizations con5 tained in this or any other Act.

6 (b) PUBLIC LAW 480.—During fiscal year 1996, re7 strictions contained in this or any other Act with respect

8 to assistance for a country shall not be construed to re9 strict assistance under titles I and II of the Agricultural

10 Trade Development and Assistance Act of 1954: Provided,

11 That none of the funds appropriated to carry out title I

12 of such Act and made available pursuant to this subsection

13 may be obligated or expended except as provided through

14 the regular notification procedures of the Committees on

15 Appropriations.

16 (c) EXCEPTION.—This section shall not apply—

17 (1) with respect to section 620A of the Foreign

18 Assistance Act or any comparable provision of law

19 prohibiting assistance to countries that support

20 international terrorism; or

21 (2) with respect to section 116 of the Foreign

22 Assistance Act of 1961 or any comparable provision

23 of law prohibiting assistance to countries that violate

24 internationally recognized human rights.
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1 EARMARKS

2 SEC. 544A. (a) Funds appropriated by this Act which

3 are earmarked may be reprogrammed for other programs

4 within the same account notwithstanding the earmark if

5 compliance with the earmark is made impossible by oper6 ation of any provision of this or any other Act or, with

7 respect to a country with which the United States has an

8 agreement providing the United States with base rights or

9 base access in that country, if the President determines that

10 the recipient for which funds are earmarked has signifi11 cantly reduced its military or economic cooperation with

12 the United States since enactment of the Foreign Oper13 ations, Export Financing, and Related Programs Appro14 priations Act, 1991; however, before exercising the authority

15 of this subsection with regard to a base rights or base access

16 country which has significantly reduced its military or eco17 nomic cooperation with the United States, the President

18 shall consult with, and shall provide a written policy jus19 tification to the Committees on Appropriations: Provided,

20 That any such reprogramming shall be subject to the regu21 lar notification procedures of the Committees on Appropria22 tions: Provided further, That assistance that is repro23 grammed pursuant to this subsection shall be made avail24 able under the same terms and conditions as originally pro25 vided.
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1 (b) In addition to the authority contained in sub2 section (a), the original period of availability of funds ap3 propriated by this Act and administered by the Agency for

4 International Development that are earmarked for particu5 lar programs or activities by this or any other Act shall

6 be extended for an additional fiscal year if the Adminis7 trator of such agency determines and reports promptly to

8 the Committees on Appropriations that the termination of

9 assistance to a country or a significant change in cir10 cumstances makes it unlikely that such earmarked funds

11 can be obligated during the original period of availability:

12 Provided, That such earmarked funds that are continued

13 available for an additional fiscal year shall be obligated

14 only for the purpose of such earmark.

15 CEILINGS AND EARMARKS

16 SEC. 545. Ceilings and earmarks contained in this

17 Act shall not be applicable to funds or authorities appro18 priated or otherwise made available by any subsequent Act

19 unless such Act specifically so directs.

20 EXCESS DEFENSE ARTICLES

21 SEC. 546. (a) The authority of section 519 of the

22 Foreign Assistance Act of 1961, as amended, may be used

23 in fiscal year 1996 to provide nonlethal excess defense ar24 ticles to countries for which United States foreign assist25 ance has been requested and for which receipt of such arti-
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1 cles was separately justified for the fiscal year, without

2 regard to the restrictions in subsection (a) of section 519.

3 (b) The authority of section 516 of the Foreign As4 sistance Act of 1961, as amended, may be used in fiscal

5 year 1996 to provide defense articles to Jordan,–except

6 that the provision of such defense articles shall be subject

7 to section 534 of this Act.

8 PROHIBITION ON PUBLICITY OR PROPAGANDA

9 SEC. 547. No part of any appropriation contained in

10 this Act shall be used for publicity or propaganda purposes

11 within the United States not authorized before the date

12 of enactment of this Act by the Congress:–Provided, That

13 none of the funds appropriated by this Act may be made

14 available to carry out the provisions of section 316 of Pub15 lic Law 96–533.

16 USE OF AMERICAN RESOURCES

17 SEC. 548. To the maximum extent possible, assist18 ance provided under this Act should make full use of

19 American resources, including commodities, products, and

20 services.

21 PROHIBITION OF PAYMENTS TO UNITED NATIONS

22 MEMBERS

23 SEC. 549. None of the funds appropriated or made

24 available pursuant to this Act for carrying out the Foreign

25 Assistance Act of 1961, may be used to pay in whole or
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1 in part any assessments, arrearages, or dues of any mem2 ber of the United Nations.

3 CONSULTING SERVICES

4 SEC. 550. The expenditure of any appropriation

5 under this Act for any consulting service through procure6 ment contract, pursuant to section 3109 of title 5, United

7 States Code, shall be limited to those contracts where such

8 expenditures are a matter of public record and available

9 for public inspection, except where otherwise provided

10 under existing law, or under existing Executive order pur11 suant to existing law.

12 PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

13 SEC. 551. None of the funds appropriated or made

14 available pursuant to this Act shall be available to a pri15 vate voluntary organization which fails to provide upon

16 timely request any document, file, or record necessary to

17 the auditing requirements of the Agency for International

18 Development.

19 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN20 MENTS THAT EXPORT LETHAL MILITARY EQUIP21 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

22 TERRORISM

23 SEC. 552. (a) None of the funds appropriated or oth24 erwise made available by this Act may be available to any

25 foreign government which provides lethal military equip26 ment to a country the government of which the Secretary
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1 of State has determined is a terrorist government for pur2 poses of section 40(d) of the Arms Export Control Act.

3 The prohibition under this section with respect to a for4 eign government shall terminate 12 months after that gov5 ernment ceases to provide such military equipment. This

6 section applies with respect to lethal military equipment

7 provided under a contract entered into after the date of

8 enactment of this Act.

9 (b) Assistance restricted by subsection (a) or any

10 other similar provision of law, may be furnished if the

11 President determines that furnishing such assistance is

12 important to the national interests of the United States.

13 (c) Whenever the waiver of subsection (b) is exer14 cised, the President shall submit to the appropriate con15 gressional committees a report with respect to the furnish16 ing of such assistance. Any such report shall include a de17 tailed explanation of the assistance to be provided, includ18 ing the estimated dollar amount of such assistance, and

19 an explanation of how the assistance furthers United

20 States national interests.

21 WITHHOLDING OF ASSISTANCE FOR PARKING FINES

22 OWED BY FOREIGN COUNTRIES

23 SEC. 553. (a) IN GENERAL.—Of the funds made

24 available for a foreign country under part I of the Foreign

25 Assistance Act of 1961, an amount equivalent to 110 per26 cent of the total unpaid fully adjudicated parking fines
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1 and penalties owed to the District of Columbia by such

2 country as of the date of enactment of this Act shall be

3 withheld from obligation for such country until the Sec4 retary of State certifies and reports in writing to the ap5 propriate congressional committees that such fines and

6 penalties are fully paid to the government of the District

7 of Columbia.

8 (b) DEFINITION.—For purposes of this section, the

9 term ‘‘appropriate congressional committees’’ means the

10 Committee on Foreign Relations and the Committee on

11 Appropriations of the Senate and the Committee on Inter12 national Relations and the Committee on Appropriations

13 of the House of Representatives.

14 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

15 WEST BANK AND GAZA

16 SEC. 554. None of the funds appropriated by this Act

17 may be obligated for assistance for the Palestine Libera18 tion Organization for the West Bank and Gaza unless the

19 President has exercised the authority under section 583(a)

20 of the Middle East Peace Facilitation Act of 1994 (part

21 E of title V of Public Law 103–236) or any other legisla22 tion to suspend or make inapplicable section 307 of the

23 Foreign Assistance Act of 1961 and that suspension is

24 still in effect: Provided, That if the President fails to make

25 the certification under section 583(b)(2) of the Middle

26 East Peace Facilitation Act or to suspend the prohibition
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1 under other legislation, funds appropriated by this Act

2 may not be obligated for assistance for the Palestine Lib3 eration Organization for the West Bank and Gaza.

4 EXPORT FINANCING TRANSFER AUTHORITIES

5 SEC. 555. Not to exceed 5 percent of any appropria6 tion other than for administrative expenses made available

7 for fiscal year 1996 for programs under title I IV of this

8 Act may be transferred between such appropriations for

9 use for any of the purposes, programs and activities for

10 which the funds in such receiving account may be used,

11 but no such appropriation, except as otherwise specifically

12 provided, shall be increased by more than 25 percent by

13 any such transfer: Provided, That the exercise of such au14 thority shall be subject to the regular notification proce15 dures of the Committees on Appropriations.

16 WAR CRIMES TRIBUNALS

17 SEC. 556. If the President determines that doing so

18 will contribute to a just resolution of charges regarding

19 genocide or other violations of international humanitarian

20 law, the authority of section 552(c) of the Foreign Assist21 ance Act of 1961, as amended, may be used to provide

22 up to $25,000,000 of commodities and services to the

23 United Nations War Crimes Tribunal established with re24 gard to the former Yugoslavia by the United Nations Se25 curity Council or such other tribunals or commissions as

26 the Council may establish to deal with such violations,
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1 without regard to the ceiling limitation contained in para2 graph (2) thereof: Provided, That the determination re3 quired under this section shall be in lieu of any determina4 tions otherwise required under section 552(c): Provided

5 further, That 60 days after the date of enactment of this

6 Act, and every 180 days thereafter, the Secretary of State

7 shall submit a report to the Committees on Appropriations

8 describing the steps the United States Government is tak9 ing to collect information regarding allegations of genocide

10 or other violations of international law in the former Yugo11 slavia and to furnish that information to the United Na12 tions War Crimes Tribunal for the former Yugoslavia.

13 NONLETHAL EXCESS DEFENSE ARTICLES

14 SEC. 557. Notwithstanding section 519(f) of the For15 eign Assistance Act of 1961, during fiscal year 1996,

16 funds available to the Department of Defense may be ex17 pended for crating, packing, handling and transportation

18 of nonlethal excess defense articles transferred under the

19 authority of section 519 to countries eligible to participate

20 in the Partnership for Peace and to receive assistance

21 under Public Law 101–179.

22 LANDMINES

23 SEC. 558. Notwithstanding any other provision of

24 law, demining equipment available to any department or

25 agency and used in support of the clearing of landmines

26 for humanitarian purposes may be disposed of on a grant
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1 basis in foreign countries, subject to such terms and condi2 tions as the President may prescribe: Provided, That sec3 tion 1365(c) of the National Defense Authorization Act for

4 Fiscal Year 1993 (Public Law 102–484; 22 U.S.C., 2778

5 note) is amended by striking out ‘‘During the four-year pe6 riod beginning on October 23, 1992’’ and inserting in lieu

7 thereof ‘‘During the five-year period beginning on October

8 23, 1993’’.

9 REPORT ON THE SALARIES AND BENEFITS OF THE IMF

10 AND THE WORLD BANK

11 SEC. 559. The Comptroller General shall submit a

12 report to the Committees on Appropriations not later than

13 November 1, 1995, on the following—

14 (1) a review of the existing salaries and benefits

15 of employees of the International Monetary Fund

16 and the International Bank for Reconstruction and

17 Development; and

18 (2) a review of all benefits paid to dependents

19 of Fund and Bank employees.

20 Such report shall include a comparison of the salaries and

21 benefits paid to employees and dependents of the Fund

22 and the Bank with salaries and benefits paid to employees

23 holding comparable positions in the public and private sec24 tors in member countries and in the international sector.
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1 RESTRICTIONS CONCERNING THE PALESTINIAN

2 AUTHORITY

3 SEC. 560. None of the funds appropriated by this Act

4 may be obligated or expended to create in any part of Je5 rusalem a new office of any department or agency of the

6 United States Government for the purpose of conducting

7 official United States Government business with the Pal8 estinian Authority over Gaza and Jericho or any successor

9 Palestinian governing entity provided for in the Israel10 PLO Declaration of Principles: Provided, That this sub11 section restriction shall not apply to the acquisition of ad12 ditional space for the existing Consulate General in Jeru13 salem: Provided further, That meetings between officers

14 and employees of the United States and officials of the

15 Palestinian Authority, or any successor Palestinian gov16 erning entity provided for in the Israel-PLO Declaration

17 of Principles, for the purpose of conducting official United

18 States Government business with such authority should

19 continue to take place in locations other than Jerusalem.

20 As has been true in the past, officers and employees of

21 the United States Government may continue to meet in

22 Jerusalem on other subjects with Palestinians (including

23 those who now occupy positions in the Palestinian Author24 ity), have social contacts, and have incidental discussions.
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1 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

2 SEC. 561. None of the funds appropriated or other3 wise made available by this Act under the heading

4 ‘‘INTERNATIONAL MILITARY EDUCATION AND TRAINING’’

5 or ‘‘FOREIGN MILITARY FINANCING PROGRAM’’ for Infor6 mational Program activities may be obligated or expended

7 to pay for—

8 (1) alcoholic beverages;

9 (2) food (other than food provided at a military

10 installation) not provided in conjunction with Infor11 mational Program trips where students do not stay

12 at a military installation; or

13 (3) entertainment expenses for activities that

14 are substantially of a recreational character, includ15 ing entrance fees at sporting events and amusement

16 parks.

17 LIMITATION ON ASSISTANCE TO COUNTRIES THAT RE18 STRICT THE TRANSPORT OR DELIVERY OF UNITED

19 STATES HUMANITARIAN ASSISTANCE

20 SEC. 562. (a) IN GENERAL.—None of the funds

21 made available in this Act may be used for assistance in

22 support of any country when it is made known to the

23 President that the government of such country prohibits

24 or otherwise restricts, directly or indirectly, the transport

25 or delivery of United States humanitarian assistance.
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1 (b) EXCEPTION.—Subsection (a) shall not apply to

2 assistance in support of any country when it is made

3 known to the President that the assistance is in the na4 tional security interest of the United States.

5 NON-OVERTIME DIFFERENTIAL PAY

6 SEC. 562. Title 5 of the United States Code is amended

7 by inserting the following:

8 (1) in section 5541(2)(xiv) after a ‘‘Foreign

9 Service officer’’ ‘‘, except for a Foreign Service Officer

10 who is a criminal investigator for the Agency for

11 International Development, Office of Inspector Gen12 eral’’.

13 REFERENCES TO AUTHORIZATION ACTS

14 SEC. 563. The funds appropriated under the heading,

15 ‘‘Child Survival and Disease Programs Fund’’ are pro16 vided pursuant to the Foreign Assistance Act, as amend17 ed: under sections 103 through 106 (Development Assist18 ance Fund), in the amount of $214,000,000; under part

19 I, chapter 10 (Development Fund for Africa), in the

20 amount of $131,000,000; under the provisions of section

21 498(6) (Assistance for the New Independent States of the

22 Former Soviet Union), in the amount of $15,000,000;

23 under the provisions of part I, chapter 1, section 104(c)

24 of the Foreign Assistance Act and the Support for East

25 European Democracy (SEED) Act of 1989, in the amount

26 of $1,000,000; under provisions of chapter 4, part II (Eco-
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1 nomic Support Fund), in the amount of $23,000,000;

2 under the provisions of section 301, in the amount of

3 $100,000,000 as a contribution on a grant basis to the

4 United Nation’s Children’s Fund (UNICEF): Provided,

5 That funds derived from funds authorized under chapter

6 4, part II, shall be made available for projects meeting

7 criteria set forth in part I section 104(c): Provided further,

8 That funds appropriated under the heading ‘‘Child Sur9 vival and Disease Programs Fund’’ shall be in addition

10 to amounts otherwise available for such purposes.

11 PROHIBITION ON FUNDING FOR ABORTION

12 SEC. 564. (a) IN GENERAL.—

13 (1) Notwithstanding any other provision of this

14 Act or other law, none of the funds appropriated by

15 this Act for population assistance activities may be

16 made available for any private, nongovernmental, or

17 multilateral organization until the organization cer18 tifies that it does not now, and will not during the

19 period for which the funds are made available, di20 rectly or through a subcontractor or sub-grantee,

21 perform abortions in any foreign country, except

22 where the life of the mother would be endangered if

23 the fetus were carried to term or in cases of forcible

24 rape or incest.

25 (2) Paragraph (1) may not be construed to

26 apply to the treatment of injuries or illnesses caused
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1 by legal or illegal abortions or to assistance provided

2 directly to the government of a country.

3 (b) LOBBYING ACTIVITIES.—

4 (1) Notwithstanding any other provision of this

5 Act or other law, none of the funds appropriated by

6 this Act for population assistance activities may be

7 made available for any private, nongovernmental, or

8 multilateral organization until the organization cer9 tifies that it does not now, and will not during the

10 period for which the funds are made available, vio11 late the laws of any foreign country concerning the

12 circumstances under which abortion is permitted,

13 regulated, or prohibited, or engage in any activity or

14 effort to alter the laws or governmental policies of

15 any foreign country concerning the circumstances

16 under which abortion is permitted, regulated, or pro17 hibited.

18 (2) Paragraph (1) shall not apply to activities

19 in opposition to coercive abortion or involuntary

20 sterilization.

21 (c) COERCIVE POPULATION CONTROL METHODS.—

22 Notwithstanding any other provision of this Act or other

23 law, none of the funds appropriated by this Act may be

24 made available for the United Nations Population Fund

25 (UNFPA), unless the President certifies to the appro-
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1 priate congressional committees that (1) the United Na2 tions Population Fund has terminated all activities in the

3 People’s Republic of China; or (2) during the 12 months

4 preceding such certification, there have been no abortions

5 as the result of coercion associated with the family plan6 ning policies of the national government or other govern7 mental entities within the People’s Republic of China. As

8 used in this section the term ‘‘coercion’’ includes physical

9 duress or abuse, destruction or confiscation of property,

10 loss of means of livelihood, or severe psychological pres11 sure.

12 WITHHOLDING OF ASSISTANCE TO COUNTRIES

13 SUPPORTING NUCLEAR PLANT IN CUBA

14 SEC. 565. (a) WITHHOLDING.—The President shall

15 withhold from assistance made available with funds appro16 priated or made available pursuant to this Act an amount

17 equal to the sum of assistance and credits, if any, provided

18 on or after the date of the enactment of this Act by that

19 country, or any entity in that country, in support of the

20 completion of the Cuban nuclear facility at Juragua, near

21 Cienfuegos, Cuba.

22 (b) EXCEPTIONS.—The requirement of subsection (a)

23 to withhold assistance shall not apply with respect to—

24 (1) assistance to meet urgent humanitarian

25 needs, including disaster and refugee relief;
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1 (2) democratic political reform and rule of law

2 activities;

3 (3) the creation of private sector and nongovern4 mental organizations that are independent of govern5 ment control;

6 (4) the development of a free market economic

7 system; and

8 (5) assistance for the purposes described in the

9 Cooperative Threat Reduction Act of 1993 (title XII

10 of Public Law 103–160).

11 (c) DEFINITION.—As used in subsection (a), the term

12 ‘‘assistance’’ means assistance under the Foreign Assistance

13 Act of 1961, credits, sales and guarantees of extensions of

14 credit under the Arms Export Control Act, assistance under

15 titles I and III of the Agricultural Trade Development and

16 Assistance Act of 1954, assistance under the FREEDOM

17 Support Act of 1992, and any other program of assistance

18 or credits provided by the United States to other countries

19 under other provisions of law, except that the term ‘‘assist20 ance’’ does not include humanitarian assistance, including

21 disaster relief assistance.

22 LIMITATION ON FUNDS FOR HAITI

23 SEC. 566. Effective March 1, 1996, none of the funds

24 appropriated in this Act may be made available to the

25 Government of Haiti when it is made known to the Presi26 dent that such Government is controlled by a regime hold-
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1 ing power through means other than the democratic elec2 tions scheduled for calendar year 1995 and held in sub3 stantial compliance with the requirements of the 1987

4 Constitution of Haiti.

5 PURCHASE OF AMERICAN-MADE EQUIPMENT AND

6 PRODUCTS

7 SEC. 567. SENSE OF CONGRESS.—It is the sense of

8 the Congress that, to the greatest extent practicable, all

9 equipment and products purchased with funds made avail10 able in this Act should be American-made.

11 (b) NOTICE REQUIREMENT.—In providing financial

12 assistance to, or entering into any contract with, any en13 tity using funds made available in this Act, the head of

14 each Federal agency, to the greatest extent practicable,

15 shall provide to such entity a notice describing the state16 ment made in subsection (a) by the Congress.

17 LIMITATION ON ASSISTANCE TO TURKEY

18 SEC. 568. Not more than $21,000,000 of the funds

19 appropriated in this Act under the heading ‘‘ECONOMIC

20 SUPPORT FUND’’ may be made available to the Govern21 ment of Turkey.

22 LIMITATION OF FUNDS FOR NORTH AMERICAN

23 DEVELOPMENT BANK

24 SEC. 569. No funds appropriated in this Act, under

25 the heading ‘‘North American Development Bank’’ may

26 be obligated or expended unless it is made known to the
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1 Federal entity or official to which funds are appropriated

2 under this Act that the Government of Mexico has contrib3 uted a share of the paid-in portion of the capital stock

4 for fiscal year 1996 equivalent to that appropriated by the

5 United States.

6 LIMITATION ON FUNDS FOR BURMA

7 SEC. 570. None of the funds made available in this

8 Act may be used for International Narcotics Control or

9 Crop Substitution Assistance for the Government of

10 Burma.

11 ASIAN DEVELOPMENT BANK

12 SEC. 570A. The Secretary of the Treasury may, to ful13 fill commitments of the United States, subscribe to and

14 make payment for shares of the Asian Development Bank

15 in connection with the fourth general capital increase of

16 the Bank. The amount authorized to be appropriated for

17 paid-in shares of the Bank is limited to $66,614,647; the

18 amount authorized to be appropriated for payment for call19 able shares of the Bank is limited to $3,264,178,021. The

20 amount to be paid in respect of each subscription is author21 ized to be appropriated without fiscal year limitation. Any

22 subscription by the United States to the capital stock of the

23 Bank shall be effective only to such extent or in such

24 amounts as are provided in advance in appropriations

25 Acts.
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1 SPECIAL DEBT RELIEF FOR THE POOREST

2 SEC. 570B. (a) AUTHORITY TO REDUCE DEBT.—The

3 President may reduce amounts owed to the United States

4 (or any agency of the United States) by an eligible country

5 as a result of—

6 (1) guarantees issued under sections 221 and 222

7 of the Foreign Assistance Act of 1961; or

8 (2) credits extended or guarantees issued under

9 the Arms Export Control Act.

10 (b) LIMITATIONS.—

11 (1) The authority provided by subsection (a)

12 may be exercised only to implement multilateral offi13 cial debt relief and referendum agreements, commonly

14 referred to as ‘‘Paris Club Agreed Minutes’’.

15 (2) The authority provided by subsection (a)

16 may be exercised only in such amounts or to such ex17 tent as is provided in advance by appropriations

18 Acts.

19 (3) The authority provided by subsection (a)

20 may be exercised only with respect to countries with

21 heavy debt burdens that are eligible to borrow from

22 the International Development Association, but not

23 from the International Bank for Reconstruction and

24 Development, commonly referred to as ‘‘IDA-only’’

25 countries.
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1 (c) CONDITIONS.—The authority provided by sub2 section (a) may be exercised only with respect to a country

3 whose government—

4 (1) does not have an excessive level of military

5 expenditures;

6 (2) has not repeatedly provided support for acts

7 of international terrorism;

8 (3) is not failing to cooperate on international

9 narcotics control matters;

10 (4) (including its military or other security

11 forces) does not engage in a consistent pattern of gross

12 violations of internationally recognized human rights;

13 and

14 (5) is not ineligible for assistance because of the

15 application of section 527 of the Foreign Relations

16 Authorization Act, fiscal years 1994 and 1995.

17 (d) AVAILABILITY OF FUNDS.—The authority provided

18 by subsection (a) may be used only with regard to funds

19 appropriated by this Act under the heading ‘‘Debt Restruc20 turing’’.

21 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc22 tion of debt pursuant to subsection (a) shall not be consid23 ered assistance for purposes of any provision of law limit24 ing assistance to a country. The authority provided by sub-
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1 section (a) may be exercised notwithstanding section 620(r)

2 of the Foreign Assistance Act of 1961.

3 LIMITATION ON FUNDS FOR RUSSIA

4 SEC. 571. Of the funds appropriated in this Act

5 under the heading ‘‘Assistance for the New Independent

6 States of the Former Soviet Union’’, not more than

7 $195,000,000 may be made available for Russia.

8 LIMITATION ON ASSISTANCE TO MEXICO

9 SEC. 572. IN GENERAL.—None of the funds appro10 priated or otherwise made available by this Act may be

11 obligated or expended for the Government of Mexico, ex12 cept if it is made known to the Federal entity or official

13 to which funds are appropriated under this Act that—

14 (1) the Government of Mexico is taking actions

15 to reduce the amount of illegal drugs entering the

16 United States from Mexico, as determined by the

17 Director of the Office of National Drug Control Pol18 icy; and

19 (2) the Government of Mexico—

20 (A) is taking effective actions to apply vig21 orously all law enforcement resources to inves22 tigate, track, capture, incarcerate, and pros23 ecute illegal drug kingpins and their accom24 plices, individuals responsible for, or otherwise

25 involved in, corruption, and individuals involved

26 in money-laundering; and
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1 (B) is pursuing international anti-drug

2 trafficking initiatives.

3 HUMAN RIGHTS PROGRESS IN ETHIOPIA

4 SEC. 573. The Department of State should closely

5 monitor and take into account human rights progress in

6 Ethiopia as it obligates fiscal year 1996 funds for Ethiopia

7 appropriated in this Act.

8 BASIC EDUCATION FOR CHILDREN

9 Sec. 574. Not more than $108,000,000 under the

10 Agency for International Development Children and Dis11 ease Programs Fund may be used for basic education for

12 children.

13 KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION

14 SEC. 575. No funds may be made available under this

15 Act to the Korean Peninsula Energy Development Organi16 zation (KEDO) unless the President determines and cer17 tifies in writing to the Committees on Appropriations

18 that—

19 (a) in accordance with Provision I of the Frame20 work Agreement, KEDO has concluded a supply con21 tract with the Democratic People’s Republic of Korea

22 (DPRK) designating a Republic of Korea company,

23 corporation or entity the prime contractor to carry

24 out construction of the light water reactors provided

25 for in the Framework Agreement; and
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1 (b) the DPRK has complied with the obligations

2 of Provision III of the Framework Agreement regard3 ing North-South dialogue including within three

4 months after the enactment of this Act: (1) eliminat5 ing North-South barriers to trade and investment; (2)

6 removing North-South restrictions on travel, tele7 communications services and financial transactions;

8 and (3) implementing the December 13, 1991,

9 Nonaggression Pact and the January 1, 1992, Joint

10 Declaration for a Non-Nuclear Korean Peninsula.

11 DRAWDOWN AUTHORITY FOR JORDAN

12 SEC. 576. During fiscal year 1996, the President may

13 direct, for the purposes of part II of the Foreign Assistance

14 Act of 1961, the drawdown for Jordan of defense articles

15 from the stocks of the Department of Defense, defense serv16 ices of the Department of Defense, and military education

17 and training of up to an aggregate of $100,000,000: Pro18 vided, That—

19 (a) within six months of the last drawdown

20 under subsection (a), the President shall submit a re21 port to the Committee on Appropriations identifying

22 the articles, services, training or education provided;

23 (b) section 506(c) of the Foreign Assistance Act

24 of 1961 shall apply to the drawdown authority in this

25 section; and
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1 (c) section 632(d) of the Foreign Assistance Act

2 of 1961 shall not apply with respect to drawdowns

3 under this section.

4 TITLE VI—MIDDLE EAST PEACE FACILITATION

5 ACT OF 1995

6 SHORT TITLE

7 SEC. 601. This title may be cited as the ‘‘Middle East

8 Peace Facilitation Act of 1995’’.

9 FINDINGS

10 SEC. 602. The Congress finds that—

11 (1) the Palestine Liberation Organization (here12 after the ‘‘P.L.O.’’) has recognized the State of Israel’s

13 right to exist in peace and security; accepted United

14 Nations Security Council Resolutions 242 and 338;

15 committed itself to the peace process and peaceful co16 existence with Israel, free from violence and all other

17 acts which endanger peace and stability; and assumed

18 responsibility over all P.L.O. elements and personnel

19 in order to assure their compliance, prevent viola20 tions, and discipline violators;

21 (2) Israel has recognized the P.L.O. as the rep22 resentative of the Palestinian people;

23 (3) Israel and the P.L.O. signed a Declaration of

24 Principles on Interim Self-Government Arrangements

25 (hereafter the ‘‘Declaration of Principles’’) on Sep26 tember 13, 1993 at the White House;
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1 (4) Israel and the P.L.O. signed an Agreement

2 on the Gaza Strip and the Jericho Area (hereafter the

3 ‘‘Gaza-Jericho Agreement’’) on May 4, 1994 which es4 tablished a Palestinian Authority for the Gaza and

5 Jericho areas;

6 (5) Israel and the P.L.O. signed an Agreement

7 on Preparatory Transfer of Powers and Responsibil8 ities (hereafter the ‘‘Early Empowerment Agreement’’)

9 on August 29, 1994 which provided for the transfer

10 to the Palestinian Authority of certain powers and re11 sponsibilities in the West Bank outside of the Jericho

12 Area;

13 (6) under the terms of the Declaration of Prin14 ciples, the Gaza-Jericho Agreement and the Early

15 Empowerment Agreement, the powers and responsibil16 ities of the Palestinian Authority are to be assumed

17 by an elected Palestinian Council with jurisdiction in

18 the West Bank and Gaza Strip in accordance with

19 the Interim Agreement to be concluded between Israel

20 and the P.L.O.;

21 (7) permanent status negotiations relating to the

22 West Bank and Gaza Strip are scheduled to begin by

23 May 1996;

24 (8) the Congress has, since the conclusion of the

25 Declaration of Principles and the P.L.O.’s renunci-
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1 ation of terrorism, provided authorities to the Presi2 dent to suspend certain statutory restrictions relating

3 to the P.L.O., subject to Presidential certifications

4 that the P.L.O. has continued to abide by commit5 ments made in and in connection with or resulting

6 from the good faith implementation of, the Declara7 tion of Principles;

8 (9) the P.L.O. commitments relevant to Presi9 dential certifications have included commitments to

10 renounce and condemn terrorism, to submit to the

11 Palestinian National Council for formal approval the

12 necessary changes to those articles of the Palestinian

13 Covenant which call for Israel’s destruction, and to

14 prevent acts of terrorism and hostilities against Is15 rael; and

16 (10) the President, in exercising the aforemen17 tioned authorities, has certified to the Congress on

18 four occasions that the P.L.O. was abiding by its rel19 evant commitments.

20 SENSE OF CONGRESS

21 SEC. 603. It is the sense of the Congress that although

22 the P.L.O. has recently shown improvement in its efforts

23 to fulfill its commitments, it must do far more to dem24 onstrate an irrevocable denunciation of terrorism and en25 sure a peaceful settlement of the Middle East dispute, and

26 in particular it must—
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1 (1) submit to the Palestine National Council for

2 formal approval the necessary changes to those arti3 cles of the Palestinian National Covenant which call

4 for Israel’s destruction;

5 (2) make greater efforts to pre-empt acts of ter6 ror, to discipline violators and to contribute to stem7 ming the violence that has resulted in the deaths of

8 123 Israeli citizens since the signing of the Declara9 tion of Principles;

10 (3) prohibit participation in its activities and in

11 the Palestinian Authority and its successors by any

12 groups or individuals which continue to promote and

13 commit acts of terrorism;

14 (4) cease all anti-Israel rhetoric, which poten15 tially undermines the peace process;

16 (5) confiscate all unlicensed weapons and restrict

17 the issuance of licenses to those with legitimate need;

18 (6) transfer and cooperate in transfer proceed19 ings relating to any person accused by Israel to acts

20 of terrorism; and

21 (7) respect civil liberties, human rights and

22 democratic norms.

23 AUTHORITY TO SUSPEND CERTAIN PROVISIONS

24 SEC. 604. (a) IN GENERAL.—Subject to subsection (b),

25 beginning on the date of enactment of this Act and for eight26 een months thereafter, the President may suspend for a pe-
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1 riod of not more than 6 months at a time any provision

2 of law specified in subsection (d). Any such suspension shall

3 cease to be effective after 6 months, or at such earlier date

4 as the President may specify.

5 (b) CONDITIONS.—

6 (1) CONSULTATIONS.—Prior to each exercise of

7 the authority provided in subsection (a) or certifi8 cation pursuant to subsection (c), the President shall

9 consult with the relevant congressional committees.

10 The President may not exercise that authority or

11 make such certification until 30 days after a written

12 policy justification is submitted to the relevant con13 gressional committees.

14 (2) PRESIDENTIAL CERTIFICATION.—The Presi15 dent may exercise the authority provided in sub16 section (a) only if the President certifies to the rel17 evant congressional committees each time he exercises

18 such authority that—

19 (A) it is in the national interest of the

20 United States to exercise such authority;

21 (B) the P.L.O. continues to comply with all

22 the commitments described in paragraph (4);

23 and

24 (C) funds provided pursuant to the exercise

25 of this authority and the authorities under sec-
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1 tion 583(a) of Public Law 103–236 and section

2 3(a) of Public Law 103–125 have been used for

3 the purposes for which they were intended.

4 (3) REQUIREMENT FOR CONTINUING P.L.O. COM5 PLIANCE.—

6 (A) The President shall ensure that P.L.O.

7 performance is continuously monitored and if

8 the President at any time determines that the

9 P.L.O. has not continued to comply with all the

10 commitments described in paragraph (4), he

11 shall so notify the relevant congressional commit12 tees and any suspension under subsection (a) of

13 a provision of law specified in subsection (d)

14 shall cease to be effective.

15 (B) Beginning six months after the date of

16 enactment of this Act, if the President on the

17 basis of the continuous monitoring of the

18 P.L.O.’s performance determines that the P.L.O.

19 is not complying with the requirements described

20 in subsection (c), he shall so notify the relevant

21 congressional committees and no assistance shall

22 be provided pursuant to the exercise by the Presi23 dent of the authority provided by subsection (a)

24 until such time as the President makes the cer25 tification provided for in subsection (c).
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1 (4) P.L.O. COMMITMENTS DESCRIBED.—The

2 commitments referred to in paragraphs (2) and

3 (3)(A) are the commitments made by the P.L.O.—

4 (A) in its letter of September 9, 1993, to the

5 Prime Minister of Israel; in its letter of Septem6 ber 9, 1993, to the Foreign Minister of Norway

7 to—

8 (i) recognize the right of the State of

9 Israel to exist in peace and security;

10 (ii) accept United Nations Security

11 Council Resolutions 242 and 338;

12 (iii) renounce the use of terrorism and

13 other acts of violence;

14 (iv) assume responsibility over all

15 P.L.O. elements and personnel in order to

16 assure their compliance, prevent violations

17 and discipline violators;

18 (v) call upon the Palestinian people in

19 the West Bank and Gaza Strip to take part

20 in the steps leading to the normalization of

21 life, rejecting violence and terrorism, and

22 contributing to peace and stability; and

23 (vi) submit to the Palestine National

24 Council for formal approval the necessary

25 changes to the Palestnian National Cov-
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1 enant eliminating calls for Israel’s destruc2 tion, and

3 (B) in, and resulting from, the good faith

4 implementation of the Declaration of Principles,

5 including good faith implementation of subse6 quent agreements with Israel, with particular at7 tention to the objective of preventing terrorism,

8 as reflected in the provisions of the Gaza-Jericho

9 Agreement concerning—

10 (i) prevention of acts of terrorism and

11 legal measures against terrorists;

12 (ii) abstention from and prevention of

13 incitement, including hostile propaganda;

14 (iii) operation of armed forces other

15 than the Palestinian Police;

16 (iv) possession, manufacture, sale, ac17 quisition or importation of weapons;

18 (v) employment of police who have

19 been convicted of serious crimes or have

20 been found to be actively involved in terror21 ist activities subsequent to their employ22 ment;

23 (vi) transfers to Israel of individuals

24 suspected of, charged with, or convicted of
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1 an offense that falls within Israeli criminal

2 jurisdiction;

3 (vii) cooperation with the government

4 of Israel in criminal matters, including co5 operation in the conduct of investigations;

6 and

7 (viii) exercise of powers and respon8 sibilities under the agreement with due re9 gard to internationally accepted norms and

10 principles of human rights and the rule of

11 law.

12 (5) POLICY JUSTIFICATION.—As part of the

13 President’s written policy justification to be submit14 ted to the relevant Congressional Committees pursu15 ant to paragraph (1), the President will report on—

16 (A) the manner in which the P.L.O. has

17 complied with the commitments specified in

18 paragraph (4), including responses to individual

19 acts of terrorism and violence, actions to dis20 cipline perpetrators of terror and violence, and

21 actions to preempt acts of terror and violence;

22 (B) the extent to which the P.L.O. has ful23 filled the requirements specified in subsection (c);

24 (C) actions that the P.L.O. has taken with

25 regard to the Arab League boycott of Israel;
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1 (D) the status and activities of the P.L.O.

2 office in the United States; and

3 (E) the status of U.S. and international as4 sistance efforts in the areas subject to jurisdic5 tion of the Palestinian Authority or its succes6 sors.

7 (c) REQUIREMENT FOR CONTINUED PROVISION OF AS8 SISTANCE.—Six months after the enactment of this Act, no

9 assistance shall be provided pursuant to the exercise by the

10 President of the authority provided by subsection (a), unless

11 and until the President determines and so certifies to the

12 Congress that—

13 (1) if the Palestinian Council has been elected

14 and assumed its responsibilities, it has, within a rea15 sonable time, effectively disavowed the articles of the

16 Palestine National Covenant which call for Israel’s

17 destruction, unless the necessary changes to the Cov18 enant have already been submitted to the Palestine

19 National Council for formal approval;

20 (2) the P.L.O. has exercised its authority reso21 lutely to establish the necessary enforcement institu22 tions; including laws, police, and a judicial system,

23 for apprehending, prosecuting, convicting, and im24 prisoning terrorists;
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1 (3) the P.L.O. has limited participation in the

2 Palestinian Authority and its successors to individ3 uals and groups in accordance with the terms that

4 may be agreed with Israel;

5 (4) the P.L.O. has not provided any financial or

6 material assistance or training to any group, whether

7 or not affiliated with the P.L.O., to carry out actions

8 inconsistent with the Declaration of Principles, par9 ticularly acts of terrorism against Israel;

10 (5) the P.L.O. has cooperated in good faith with

11 Israeli authorities in the preemption of acts of terror12 ism and in the apprehension and trial of perpetrators

13 of terrorist acts in Israel, territories controlled by Is14 rael and all areas subject to jurisdiction of the Pal15 estinian Authority and its successors; and

16 (6) the P.L.O. has exercised its authority reso17 lutely to enact and implement laws requiring the dis18 arming of civilians not specifically licensed to possess

19 or carry weapons.

20 (d) PROVISIONS THAT MAY BE SUSPENDED.—The

21 provisions that may be suspended under the authority of

22 subsection (a) are the following:

23 (1) Section 307 of the Foreign Assistance Act of

24 1961 (22 U.S.C. 2227) as it applies with respect to

25 the P.L.O. or entities associated with it.
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1 (2) Section 114 of the Department of State Au2 thorization Act, fiscal years 1984 and 1985 (22

3 U.S.C. 287e note) as it applies with respect to the

4 P.L.O. or entities associated with it.

5 (3) Section 1003 of the Foreign Relations Au6 thorization Act, fiscal years 1988 and 1989 (22

7 U.S.C. 5202).

8 (4) Section 37 of the Bretton Woods Agreement

9 Act (22 U.S.C. 286W) as it applies on the granting

10 to the P.L.O. of observer status or other official status

11 at any meeting sponsored by or associated with the

12 International Monetary Fund. As used in this para13 graph, the term ‘‘other official status’’ does not in14 clude membership in the International Monetary

15 Fund.

16 (e) RELEVANT CONGRESSIONAL COMMITTEES DE17 FINED.—As used in this title, the term ‘‘relevant congres18 sional committees’’ means—

19 (1) the Committee on International Relations,

20 the Committee on Banking and Financial Services,

21 and the Committee on Appropriations of the House of

22 Representatives; and

23 (2) the Committee on Foreign Relations and the

24 Committee on Appropriations of the Senate.
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1 This Act may be cited as the ‘‘Foreign Operations,

2 Export Financing, and Related Programs Appropriations

3 Act, 1996’’.

Passed the House of Representatives July 11, 1995.

Attest: ROBIN H. CARLE,

Clerk.

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