Union Calendar No. 66

104TH CONGRESS

1ST SESSION H. R. 1868

[Report No. 104–143]

A BILL

Making appropriations for foreign operations, exother purposes. cal year ending September 30, 1996, and for port financing, and related programs for the fisJUNE 15, 1995

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

★

Union Calendar No. 66

104TH CONGRESS

1ST SESSION H. R. 1868

[Report No. 104–143]

Making appropriations for foreign operations, export financing, and related

programs for the fiscal year ending September 30, 1996, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 15, 1995

Mr. CALLAHAN, from the Committee on Appropriations, reported the following

bill; which was committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

A BILL

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, for the

5 fiscal year ending September 30, 1996, and for other pur6 poses, 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 to remain available until September 30,
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1 1997: Provided, That such costs, including the cost of

2 modifying such loans, shall be as defined in section 502

3 of the Congressional Budget Act of 1974: Provided fur4 ther, That such sums shall remain available until 2010 for

5 the disbursement of direct loans, loan guarantees, insur6 ance and tied-aid grants obligated in fiscal years 1996 and

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

8 appropriated by this paragraph shall remain available

9 until expended and may be used for tied-aid grant pur10 poses: 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: Provided, That necessary expenses
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1 (including special services performed on a contract or fee

2 basis, but not including other personal services) in connec3 tion with the collection of moneys owed the Export-Import

4 Bank, repossession or sale of pledged collateral or other

5 assets acquired by the Export-Import Bank in satisfaction

6 of moneys owed the Export-Import Bank, or the investiga7 tion or appraisal of any property, or the evaluation of the

8 legal or technical aspects of any transaction for which an

9 application for a loan, guarantee or insurance commitment

10 has been made, shall be considered nonadministrative ex11 penses for the purposes of this heading: Provided further,

12 That, notwithstanding subsection (b) of section 117 of the

13 Export Enhancement Act of 1992, subsection (a) thereof

14 shall remain in effect until October 1, 1996.

15 OVERSEAS PRIVATE INVESTMENT CORPORATION

16 NONCREDIT ACCOUNT

17 The Overseas Private Investment Corporation is au18 thorized to make, without regard to fiscal year limitations,

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

20 commitments within the limits of funds available to it and

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

22 That the amount available for administrative expenses to

23 carry out the credit and insurance programs (including an

24 amount for official reception and representation expenses

25 which shall not exceed $35,000) shall not exceed

26 $26,500,000: Provided further, That project-specific trans-
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1 action costs, including direct and indirect costs incurred

2 in claims settlements, and other direct costs associated

3 with services provided to specific investors or potential in4 vestors pursuant to section 234 of the Foreign Assistance

5 Act of 1961, shall not be considered administrative ex6 penses for the purposes of this heading.

7 PROGRAM ACCOUNT

8 For the cost of direct and guaranteed loans,

9 $79,000,000, as authorized by section 234 of the Foreign

10 Assistance Act of 1961, to be derived by transfer from

11 the Overseas Private Investment Corporation Noncredit

12 Account: Provided, That such costs, including the cost of

13 modifying such loans, shall be as defined in section 502

14 of the Congressional Budget Act of 1974: Provided fur15 ther, That such sums shall be available for direct loan obli16 gations and loan guaranty commitments incurred or made

17 during fiscal years 1996 and 1997: Provided further, That

18 such sums shall remain available through fiscal year 2003

19 for the disbursement of direct and guaranteed loans obli20 gated in fiscal year 1996, and through fiscal year 2004

21 for the disbursement of direct and guaranteed loans obli22 gated in fiscal year 1997. In addition, such sums as may

23 be necessary for administrative expenses to carry out the

24 credit program may be derived from amounts available for

25 administrative expenses to carry out the credit and insur26 ance programs in the Overseas Private Investment Cor-
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1 poration Noncredit Account and merged with said ac2 count.

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 TRADE AND DEVELOPMENT AGENCY

5 For necessary expenses to carry out the provisions

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

7 $40,000,000: Provided, That the Trade and Development

8 Agency may receive reimbursements from corporations

9 and other entities for the costs of grants for feasibility

10 studies and other project planning services, to be deposited

11 as an offsetting collection to this account and to be avail12 able for obligation until September 30, 1997, for necessary

13 expenses under this paragraph: Provided further, That

14 such reimbursements shall not cover, or be allocated

15 against, direct or indirect administrative costs of the agen16 cy.

17 INTERNATIONAL FINANCIAL INSTITUTIONS

18 CONTRIBUTION TO THE INTERNATIONAL FINANCE

19 CORPORATION

20 For payment to the International Finance Corpora21 tion by the Secretary of the Treasury, $67,550,000, for

22 the United States share of the increase in subscriptions

23 to capital stock, to remain available until expended: Pro24 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 CHILD SURVIVAL 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, $484,000,000, 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, and (7) a contribution on a grant basis

7 to the United Nations Children’s Fund (UNICEF): Pro8 vided further, That funds appropriated under this heading

9 shall be made available notwithstanding any other provi10 sion of law, and shall be in addition to amounts otherwise

11 available for such purposes.

12 DEVELOPMENT ASSISTANCE FUND

13 (INCLUDING TRANSFERS OF FUNDS)

14 For necessary expenses to carry out the provisions

15 of sections 103 through 106 of the Foreign Assistance Act

16 of 1961, $669,000,000, to remain available until Septem17 ber 30, 1997: Provided, That none of the funds made

18 available in this Act nor any unobligated balances from

19 prior appropriations may be made available to any organi20 zation or program which, as determined by the President

21 of the United States, supports or participates in the man22 agement of a program of coercive abortion or involuntary

23 sterilization: Provided further, That none of the funds

24 made available under this heading may be used to pay for

25 the performance of abortion as a method of family plan26 ning or to motivate or coerce any person to practice abor-
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1 tions; and that in order to reduce reliance on abortion in

2 developing nations, funds shall be available only to vol3 untary family planning projects which offer, either directly

4 or through referral to, or information about access to, a

5 broad range of family planning methods and services: Pro6 vided further, That in awarding grants for natural family

7 planning under section 104 of the Foreign Assistance Act

8 of 1961 no applicant shall be discriminated against be9 cause of such applicant’s religious or conscientious com10 mitment to offer only natural family planning; and, addi11 tionally, all such applicants shall comply with the require12 ments of the previous proviso: Provided further, That noth13 ing in this paragraph shall be construed to alter any exist14 ing statutory prohibitions against abortion under section

15 104 of the Foreign Assistance Act of 1961: Provided fur16 ther, That, notwithstanding section 109 of the Foreign As17 sistance Act of 1961, of the funds appropriated under this

18 heading and under the heading ‘‘Development Fund for

19 Africa’’, not to exceed a total of $15,500,000 may be

20 transferred to ‘‘Debt restructuring’’, and that any such

21 transfer of funds shall be subject to the regular notifica22 tion procedures of the Committees on Appropriations: Pro23 vided further, That, notwithstanding section 109 of the

24 Foreign Assistance Act of 1961, of the funds appropriated

25 under this heading and under the heading ‘‘Development
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1 Fund for Africa’’, not to exceed a total of $15,000,000

2 may be transferred to ‘‘International Organizations and

3 Programs’’ for a contribution to the International Fund

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

5 transfer of funds shall be subject to the regular notifica6 tion procedures of the Committees on Appropriations.

7 DEVELOPMENT FUND FOR AFRICA

8 For necessary expenses to carry out the provisions

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

10 1961, $528,000,000, to remain available until September

11 30, 1997: Provided, That none of the funds appropriated

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

13 the Foreign Assistance Act of 1961 shall be transferred

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

15 appropriated under this heading which are made available

16 for activities supported by the Southern Africa Develop17 ment Community shall be made available notwithstanding

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

19 Assistance Act of 1961.

20 PRIVATE AND VOLUNTARY ORGANIZATIONS

21 None of the funds appropriated or otherwise made

22 available by this Act for development assistance may be

23 made available to any United States private and voluntary

24 organization, except any cooperative development organi25 zation, which obtains less than 20 per centum of its total

26 annual funding for international activities from sources
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1 other than the United States Government: Provided, That

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

3 Foreign Assistance Act of 1961 and the provisions on pri4 vate and voluntary organizations in title II of the ‘‘Foreign

5 Assistance and Related Programs Appropriations Act,

6 1985’’ (as enacted in Public Law 98–473) shall be super7 seded by the provisions of this section.

8 Funds appropriated or otherwise made available

9 under title II of this Act should be made available to pri10 vate and voluntary organizations at a level which is equiv11 alent to the level provided in fiscal year 1995. Such private

12 and voluntary organizations shall include those which op13 erate on a not-for-profit basis, receive contributions from

14 private sources, receive voluntary support from the public

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

16 successful providers of development assistance.

17 INTERNATIONAL DISASTER ASSISTANCE

18 For necessary expenses for international disaster re19 lief, rehabilitation, and reconstruction assistance pursuant

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

21 amended, $200,000,000 to remain available until ex22 pended.

23 DEBT RESTRUCTURING

24 For the cost, as defined in section 502 of the Con25 gressional Budget Act of 1974, of modifying direct loans

26 and loan guarantees, as the President may determine, for
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1 which funds have been appropriated or otherwise made

2 available for programs within the International Affairs

3 Budget Function 150, including the cost of selling, reduc4 ing, or canceling amounts, through debt buybacks and

5 swaps, owed to the United States as a result of

6 concessional loans made to eligible Latin American and

7 Caribbean countries, pursuant to part IV of the Foreign

8 Assistance Act of 1961, $7,000,000, to remain available

9 until expended.

10 MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM

11 ACCOUNT

12 For the subsidy cost of direct loans and loan guaran13 tees, $1,500,000, as authorized by section 108 of the For14 eign Assistance Act of 1961, as amended: Provided, That

15 such costs shall be as defined in section 502 of the Con16 gressional Budget Act of 1974. In addition, for adminis17 trative expenses to carry out programs under this heading,

18 $500,000, all of which may be transferred to and merged

19 with the appropriation for Operating Expenses of the

20 Agency for International Development.

21 HOUSING GUARANTY PROGRAM ACCOUNT

22 For administrative expenses to carry out guaranteed

23 loan programs, $7,000,000, all of which may be trans24 ferred to and merged with the appropriation for Operating

25 Expenses of the Agency for International Development.
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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: Provided, That of this

10 amount not more than $1,475,000 may be made available

11 to pay for printing costs: Provided further, That none of

12 the funds appropriated by this Act for programs adminis13 tered by the Agency for International Development may

14 be used to finance printing costs of any report or study

15 (except feasibility, design, or evaluation reports or studies)

16 in excess of $25,000 without the approval of the Adminis17 trator of that Agency or the Administrator’s designee.

18 In addition, for necessary expenses to carry out the

19 provisions of section 667 related to the termination or

20 phasing down of programs, activities, and operations of

21 the Agency for International Development under chapters

22 1, 10, and 11 of part I and chapter 4 of part II of the

23 Foreign Assistance Act of 1961, and for related purposes,

24 $29,925,000, to remain available until September 30,

25 1997: Provided, That such funds are available in addition

26 to amounts otherwise available for such purposes: Pro-
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1 vided further, That, prior to the obligation of any funds

2 appropriated in this paragraph, the Administrator of the

3 Agency for International Development shall report to the

4 Committees on Appropriations on the proposed use of

5 such funds: Provided further, That by September 30,

6 1997, the use of such funds should result in the reduction

7 of 500 full-time equivalent direct-hire employees from the

8 onboard level existing on April 30, 1995: Provided further,

9 That the authority of sections 109 and 610 may be used

10 for the purpose of making funds available to fulfill the

11 requirements of section 667.

12 OPERATING EXPENSES OF THE AGENCY FOR INTER13 NATIONAL DEVELOPMENT OFFICE OF INSPECTOR

14 GENERAL

15 For necessary expenses to carry out the provisions

16 of section 667, $35,200,000, which sum shall be available

17 for the Office of the Inspector General of the Agency for

18 International Development.

19 OTHER BILATERAL ECONOMIC ASSISTANCE

20 ECONOMIC SUPPORT FUND

21 For necessary expenses to carry out the provisions

22 of chapter 4 of part II, $2,326,700,000, to remain avail23 able until September 30, 1997: Provided, That any funds

24 appropriated under this heading that are made available

25 for Israel shall be made available on a grant basis as a

26 cash transfer and shall be disbursed within thirty days of
15

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1 enactment of this Act or by October 31, 1995, whichever

2 is later: Provided further, That none of the funds appro3 priated under this heading shall be made available for

4 Zaire.

5 INTERNATIONAL FUND FOR IRELAND

6 For necessary expenses to carry out the provisions

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

8 $19,600,000, which shall be available for the United

9 States contribution to the International Fund for Ireland

10 and shall be made available in accordance with the provi11 sions of the Anglo-Irish Agreement Support Act of 1986

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

13 be expended at the minimum rate necessary to make time14 ly payment for projects and activities: Provided further,

15 That funds made available under this heading shall re16 main available until September 30, 1997.

17 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

18 STATES

19 For necessary expenses to carry out the provisions

20 of the Foreign Assistance Act of 1961 and the Support

21 for East European Democracy (SEED) Act of 1989,

22 $324,000,000, to remain available until September 30,

23 1997, which shall be available, notwithstanding any other

24 provision of law, for economic assistance and for related

25 programs for Eastern Europe and the Baltic States.
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1 Funds appropriated under this heading or in prior

2 appropriations Acts that are or have been made available

3 for an Enterprise Fund may be deposited by such Fund

4 in interest-bearing accounts prior to the Fund’s disburse5 ment of such funds for program purposes. The Fund may

6 retain for such program purposes any interest earned on

7 such deposits without returning such interest to the Treas8 ury of the United States and without further appropria9 tion by the Congress. Funds made available for Enterprise

10 Funds shall be expended at the minimum rate necessary

11 to make timely payment for projects and activities.

12 Funds appropriated under this heading shall be con13 sidered to be economic assistance under the Foreign As14 sistance Act of 1961 for purposes of making available the

15 administrative authorities contained in that Act for the

16 use of economic assistance.

17 ASSISTANCE FOR THE NEW INDEPENDENT STATES OF

18 THE FORMER SOVIET UNION

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

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

21 1961 and the FREEDOM Support Act, for assistance for

22 the new independent states of the former Soviet Union

23 and for related programs, and for other purposes,

24 $595,000,000, to remain available until September 30,

25 1997: Provided, That the provisions of 498B(j) of the For-
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1 eign Assistance Act of 1961 shall apply to funds appro2 priated by this paragraph.

3 (b) None of the funds appropriated under this head4 ing shall be transferred to the Government of Russia—

5 (1) unless that Government is making progress

6 in implementing comprehensive economic reforms

7 based on market principles, private ownership, nego8 tiating repayment of commercial debt, respect for

9 commercial contracts, and equitable treatment of

10 foreign private investment; and

11 (2) if that Government applies or transfers

12 United States assistance to any entity for the pur13 pose of expropriating or seizing ownership or control

14 of assets, investments, or ventures.

15 (c) Funds may be furnished without regard to sub16 section (b) if the President determines that to do so is

17 in the national interest.

18 (d) None of the funds appropriated under this head19 ing shall be made available to any government of the new

20 independent states of the former Soviet Union if that gov21 ernment directs any action in violation of the territorial

22 integrity or national sovereignty of any other new inde23 pendent state, such as those violations included in Prin24 ciple Six of the Helsinki Final Act: Provided, That such

25 funds may be made available without regard to the restric-
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1 tion in this subsection if the President determines that

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

3 States: Provided further, That the restriction of this sub4 section shall not apply to the use of such funds for the

5 provision of assistance for purposes of humanitarian, dis6 aster and refugee relief.

7 (e) None of the funds appropriated under this head8 ing for the new independent states of the former Soviet

9 Union shall be made available for any state to enhance

10 its military capability.

11 (f) Funds appropriated under this heading shall be

12 subject to the regular notification procedures of the Com13 mittees on Appropriations.

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

15 to the new independent states of the former Soviet Union

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

17 to environment and natural resources) of the Foreign As18 sistance Act of 1961.

19 (h) Funds appropriated under this heading may be

20 made available for assistance for Mongolia.

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

22 to the new independent states of the former Soviet Union

23 shall be provided to the maximum extent feasible through

24 the private sector, including small- and medium-size busi25 nesses, entrepreneurs, and others with indigenous private
19

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1 enterprises in the region, intermediary development orga2 nizations committed to private enterprise, and private vol3 untary organizations previously functioning in the new

4 independent states.

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

6 volunteer contributions in cash or time) to United States

7 government assistance in projects referred to in subsection

8 (i) shall be no less than a ratio of 1.5 to 1.

9 INDEPENDENT AGENCIES

10 AFRICAN DEVELOPMENT FOUNDATION

11 For necessary expenses to carry out the provisions

12 of title V of the International Security and Development

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

14 make such contracts and commitments without regard to

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

16 $10,000,000.

17 INTER-AMERICAN FOUNDATION

18 For expenses necessary to carry out the functions of

19 the Inter-American Foundation in accordance with the

20 provisions of section 401 of the Foreign Assistance Act

21 of 1969, and to make such contracts and commitments

22 without regard to fiscal year limitations, as provided by

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

24 PEACE CORPS

25 For expenses necessary to carry out the provisions

26 of the Peace Corps Act (75 Stat. 612), $210,000,000, in-
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1 cluding the purchase of not to exceed five passenger motor

2 vehicles for administrative purposes for use outside of the

3 United States: Provided, That none of the funds appro4 priated under this heading shall be used to pay for abor5 tions.

6 DEPARTMENT OF STATE

7 INTERNATIONAL NARCOTICS CONTROL

8 For necessary expenses to carry out the provisions

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

10 $113,000,000: Provided, That during fiscal year 1996, the

11 Department of State may also use the authority of section

12 608 of the Foreign Assistance Act of 1961, without regard

13 to its restrictions, to receive non-lethal excess property

14 from an agency of the United States Government for the

15 purpose of providing it to a foreign country under chapter

16 8 of part I of that Act subject to the regular notification

17 procedures of the Committees on Appropriations.

18 MIGRATION AND REFUGEE ASSISTANCE

19 For expenses, not otherwise provided for, necessary

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

21 by law, a contribution to the International Committee of

22 the Red Cross, assistance to refugees, including contribu23 tions to the International Organization for Migration and

24 the United Nations High Commissioner for Refugees, and

25 other activities to meet refugee and migration needs; sala26 ries and expenses of personnel and dependents as author-
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1 ized by the Foreign Service Act of 1980; salaries and ex2 penses of personnel assigned to the bureau charged with

3 carrying out the Migration and Refugee Assistance Act;

4 allowances as authorized by sections 5921 through 5925

5 of title 5, United States Code; purchase and hire of pas6 senger motor vehicles; and services as authorized by sec7 tion 3109 of title 5, United States Code, $671,000,000,

8 of which not to exceed $12,000,000 shall be available for

9 administrative expenses.

10 REFUGEE RESETTLEMENT ASSISTANCE

11 For necessary expenses for the targeted assistance

12 program authorized by title IV of the Immigration and

13 Nationality Act and section 501 of the Refugee Education

14 Assistance Act of 1980 and administered by the Office of

15 Refugee Resettlement of the Department of Health and

16 Human Services, in addition to amounts otherwise avail17 able for such purposes, $5,000,000.

18 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

19 ASSISTANCE FUND

20 For necessary expenses to carry out the provisions

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

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

23 $50,000,000, to remain available until expended: Pro24 vided, That the funds made available under this heading

25 are appropriated notwithstanding the provisions contained

26 in section 2(c)(2) of the Migration and Refugee Assistance
22

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

2 could be appropriated for this purpose.

3 ANTI-TERRORISM ASSISTANCE

4 For necessary expenses to carry out the provisions

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

6 1961, $17,000,000.

7 NONPROLIFERATION AND DISARMAMENT FUND

8 For necessary expenses for a ‘‘Nonproliferation and

9 Disarmament Fund’’, $20,000,000, to remain available

10 until expended, to promote bilateral and multilateral ac11 tivities: Provided, That such funds may be used pursuant

12 to the authorities contained in section 504 of the FREE13 DOM Support Act: Provided further, That such funds may

14 also be used for such countries other than the new inde15 pendent states of the former Soviet Union and inter16 national organizations when it is in the national security

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

18 That funds appropriated under this heading may be made

19 available notwithstanding any other provision of law: Pro20 vided further, That funds appropriated under this heading

21 shall be subject to the regular notification procedures of

22 the Committees on Appropriations.
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1 TITLE III—MILITARY ASSISTANCE

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 INTERNATIONAL MILITARY EDUCATION AND TRAINING

4 For necessary expenses to carry out the provisions

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

6 $39,000,000: Provided, That up to $100,000 of the funds

7 appropriated under this heading may be made available

8 for grant financed military education and training for any

9 high income country on the condition that that country

10 agrees to fund from its own resources the transportation

11 cost and living allowances of its students: Provided further,

12 That the civilian personnel for whom military education

13 and training may be provided under this heading may also

14 include members of national legislatures who are respon15 sible for the oversight and management of the military,

16 and may also include individuals who are not members of

17 a government: Provided further, That none of the funds

18 appropriated under this heading shall be available for

19 Zaire: Provided further, That funds appropriated under

20 this heading for grant financed military education and

21 training for Indonesia and Guatemala may only be avail22 able for expanded military education and training.

23 FOREIGN MILITARY FINANCING PROGRAM

24 For expenses necessary for grants to enable the

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

26 Arms Export Control Act, $3,211,279,000: Provided, That
24

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1 funds appropriated by this paragraph that are made avail2 able for Israel and Egypt shall be made available only as

3 grants: Provided further, That the funds appropriated by

4 this paragraph that are made available for Israel shall be

5 disbursed within thirty days of enactment of this Act or

6 by October 31, 1995, whichever is later: Provided further,

7 That to the extent that the Government of Israel requests

8 that funds be used for such purposes, grants made avail9 able for Israel by this paragraph shall, as agreed by Israel

10 and the United States, be available for advanced weapons

11 systems, of which not to exceed $475,000,000 shall be

12 available for the procurement in Israel of defense articles

13 and defense services, including research and development:

14 Provided further, That funds made available under this

15 paragraph shall be nonrepayable notwithstanding any re16 quirement in section 23 of the Arms Export Control Act:

17 Provided further, That none of the funds made available

18 under this heading shall be available for any non-NATO

19 country participating in the Partnership for Peace Pro20 gram except through the regular notification procedures

21 of the Committees on Appropriations.

22 For the cost, as defined in section 502 of the Con23 gressional Budget Act of 1974, of direct loans authorized

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

25 cost of direct loans, $64,400,000: Provided, That these
25

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1 funds are available to subsidize gross obligations for the

2 principal amount of direct loans of not to exceed

3 $544,000,000: Provided further, That the rate of interest

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

5 average market yield on outstanding marketable obliga6 tions of the United States of comparable maturities: Pro7 vided further, That funds appropriated under this heading

8 shall be made available for Greece and Turkey only on

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

10 each country shall not exceed $224,000,000 for Greece

11 and shall not exceed $320,000,000 for Turkey.

12 None of the funds made available under this heading

13 shall be available to finance the procurement of defense

14 articles, defense services, or design and construction serv15 ices that are not sold by the United States Government

16 under the Arms Export Control Act unless the foreign

17 country proposing to make such procurements has first

18 signed an agreement with the United States Government

19 specifying the conditions under which such procurements

20 may be financed with such funds: Provided, That all coun21 try and funding level increases in allocations shall be sub22 mitted through the regular notification procedures of sec23 tion 515 of this Act: Provided further, That funds made

24 available under this heading shall be obligated upon appor25 tionment in accordance with paragraph (5)(C) of title 31,
26

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

2 That none of the funds appropriated under this heading

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

4 Guatemala: Provided further, That none of the funds ap5 propriated or otherwise made available for use under this

6 heading may be made available for Colombia or Bolivia

7 until the Secretary of State certifies that such funds will

8 be used by such country primarily for counternarcotics ac9 tivities: Provided further, That funds made available under

10 this heading may be used, notwithstanding any other pro11 vision of law, for demining activities, and may include ac12 tivities implemented through nongovernmental and inter13 national organizations: Provided further, That not more

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

15 heading shall be available for use in financing the procure16 ment of defense articles, defense services, or design and

17 construction services that are not sold by the United

18 States Government under the Arms Export Control Act

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

20 That only those countries for which assistance was justi21 fied for the ‘‘Foreign Military Sales Financing Program’’

22 in the fiscal year 1989 congressional presentation for secu23 rity assistance programs may utilize funds made available

24 under this heading for procurement of defense articles, de25 fense services or design and construction services that are
27

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1 not sold by the United States Government under the Arms

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

3 regular notification procedures of the Committees on Ap4 propriations, funds made available under this heading for

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

6 the funds available under this heading for grants, and

7 funds made available under this heading for grants may

8 also be used to supplement the funds available under this

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

10 funds appropriated under this heading shall be expended

11 at the minimum rate necessary to make timely payment

12 for defense articles and services: Provided further, That

13 the Department of Defense shall conduct during the cur14 rent fiscal year nonreimbursable audits of private firms

15 whose contracts are made directly with foreign govern16 ments and are financed with funds made available under

17 this heading (as well as subcontractors thereunder) as re18 quested by the Defense Security Assistance Agency: Pro19 vided further, That not more than $24,000,000 of the

20 funds appropriated under this heading may be obligated

21 for necessary expenses, including the purchase of pas22 senger motor vehicles for replacement only for use outside

23 of the United States, for the general costs of administer24 ing military assistance and sales: Provided further, That

25 not more than $355,000,000 of funds realized pursuant
28

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1 to section 21(e)(1)(A) of the Arms Export Control Act

2 may be obligated for expenses incurred by the Department

3 of Defense during fiscal year 1996 pursuant to section

4 43(b) of the Arms Export Control Act, except that this

5 limitation may be exceeded only through the regular notifi6 cation procedures of the Committees on Appropriations.

7 PEACEKEEPING OPERATIONS

8 For necessary expenses to carry out the provisions

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

10 $68,300,000.

11 TITLE IV—MULTILATERAL ECONOMIC

12 ASSISTANCE

13 FUNDS APPROPRIATED TO THE PRESIDENT

14 INTERNATIONAL FINANCIAL INSTITUTIONS

15 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

16 RECONSTRUCTION AND DEVELOPMENT

17 For payment to the International Bank for Recon18 struction and Development by the Secretary of the Treas19 ury, for the United States share of the paid-in share por20 tion of the increases in capital stock for the General Cap21 ital Increase, $23,009,000, to remain available until ex22 pended.

23 For payment to the International Bank for Recon24 struction and Development by the Secretary of the Treas25 ury, for the United States contribution to the Global Envi-
29

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1 ronment Facility (GEF), $50,000,000, to remain available

2 until September 30, 1997.

3 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

4 The United States Governor of the International

5 Bank for Reconstruction and Development may subscribe

6 without fiscal year limitation to the callable capital portion

7 of the United States share of increases in capital stock

8 in an amount not to exceed $743,900,000.

9 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

10 ASSOCIATION

11 For payment to the International Development Asso12 ciation by the Secretary of the Treasury, $575,000,000,

13 for the United States contribution to the tenth replenish14 ment, to remain available until expended.

15 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

16 BANK

17 For payment to the Inter-American Development

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

19 States share of the paid-in share portion of the increase

20 in capital stock, $25,950,000.

21 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

22 The United States Governor of the Inter-American

23 Development Bank may subscribe without fiscal year limi24 tation to the callable capital portion of the United States

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

26 $1,523,000,000.
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1 CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

2 For payment to the Asian Development Bank by the

3 Secretary of the Treasury for the United States share of

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

5 $13,200,000, to remain available until expended.

6 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

7 The United States Governor of the Asian Develop8 ment Bank may subscribe without fiscal year limitation

9 to the callable capital portion of the United States share

10 of such capital stock in an amount not to exceed

11 $647,000,000.

12 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

13 For the United States contribution by the Secretary

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

15 Development Fund, as authorized by the Asian Devel16 opment Bank Act, as amended (Public Law 89–369),

17 $167,960,000, to remain available until expended.

18 CONTRIBUTION TO THE EUROPEAN BANK FOR

19 RECONSTRUCTION AND DEVELOPMENT

20 For payment to the European Bank for Reconstruc21 tion and Development by the Secretary of the Treasury,

22 $69,180,000, for the United States share of the paid-in

23 share portion of the initial capital subscription, to remain

24 available until expended: Provided, That of the amount ap25 propriated under this heading not more than $54,600,000
31

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1 may be expended for the purchase of such stock in fiscal

2 year 1996.

3 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

4 The United States Governor of the European Bank

5 for Reconstruction and Development may subscribe with6 out fiscal year limitation to the callable capital portion of

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

8 not to exceed $161,400,000.

9 NORTH AMERICAN DEVELOPMENT BANK

10 For payment to the North American Development

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

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

13 $56,250,000, to remain available until expended.

14 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

15 The United States Governor of the North American

16 Development Bank may subscribe without fiscal year limi17 tation to the callable capital portion of the United States

18 share of the capital stock of the North American Develop19 ment Bank in an amount not to exceed $318,750,000.

20 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

21 For necessary expenses to carry out the provisions

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

23 of section 2 of the United Nations Environment Program

24 Participation Act of 1973, $155,000,000: Provided, That

25 none of the funds appropriated under this heading shall

26 be made available for the United Nations Fund for
32

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1 Science and Technology: Provided further, That funds ap2 propriated under this heading may be made available for

3 the International Atomic Energy Agency only if the Sec4 retary of State determines (and so reports to the Con5 gress) that Israel is not being denied its right to partici6 pate in the activities of that Agency: Provided further,

7 That none of the funds appropriated under this heading

8 that are made available to the United Nations Population

9 Fund (UNFPA) shall be made available for activities in

10 the People’s Republic of China: Provided further, That not

11 more than $25,000,000 of the funds appropriated under

12 this heading may be made available to the UNFPA: Pro13 vided further, That not more than one-half of this amount

14 may be provided to UNFPA before March 1, 1996, and

15 that no later than February 15, 1996, the Secretary of

16 State shall submit a report to the Committees on Appro17 priations indicating the amount UNFPA is budgeting for

18 the People’s Republic of China in 1996: Provided further,

19 That any amount UNFPA plans to spend in the People’s

20 Republic of China in 1996 above $7,000,000, shall be de21 ducted from the amount of funds provided to UNFPA

22 after March 1, 1996 pursuant to the previous provisos:

23 Provided further, That with respect to any funds appro24 priated under this heading that are made available to

25 UNFPA, UNFPA shall be required to maintain such
33

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1 funds in a separate account and not commingle them with

2 any other funds: Provided further, That up to $13,000,000

3 may be made available to the Korean Peninsula Energy

4 Development Organization (KEDO) for administrative ex5 penses and heavy fuel oil costs associated with the Frame6 work Agreement: Provided further, That additional funds

7 may be made available to KEDO subject to the regular

8 notification procedures of the Committees on Appropria9 tions.

10 TITLE V—GENERAL PROVISIONS

11 OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

12 SEC. 501. Except for the appropriations entitled

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

14 Emergency Refugee and Migration Assistance Fund’’, not

15 more than 15 per centum of any appropriation item made

16 available by this Act shall be obligated during the last

17 month of availability.

18 PROHIBITION OF BILATERAL FUNDING FOR

19 INTERNATIONAL FINANCIAL INSTITUTIONS

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

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

22 209(d) of the Foreign Assistance Act of 1961.

23 LIMITATION ON RESIDENCE EXPENSES

24 SEC. 503. Of the funds appropriated or made avail25 able pursuant to this Act, not to exceed $126,500 shall

26 be for official residence expenses of the Agency for Inter-
34

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1 national Development during the current fiscal year: Pro2 vided, That appropriate steps shall be taken to assure

3 that, to the maximum extent possible, United States4 owned foreign currencies are utilized in lieu of dollars.

5 LIMITATION ON EXPENSES

6 SEC. 504. Of the funds appropriated or made avail7 able pursuant to this Act, not to exceed $5,000 shall be

8 for entertainment expenses of the Agency for International

9 Development during the current fiscal year.

10 LIMITATION ON REPRESENTATIONAL ALLOWANCES

11 SEC. 505. Of the funds appropriated or made avail12 able pursuant to this Act, not to exceed $95,000 shall be

13 available for representation allowances for the Agency for

14 International Development during the current fiscal year:

15 Provided, That appropriate steps shall be taken to assure

16 that, to the maximum extent possible, United States17 owned foreign currencies are utilized in lieu of dollars:

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

19 Act for general costs of administering military assistance

20 and sales under the heading ‘‘Foreign Military Financing

21 Program’’, not to exceed $2,000 shall be available for en22 tertainment expenses and not to exceed $50,000 shall be

23 available for representation allowances: Provided further,

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

25 heading ‘‘International Military Education and Training’’,

26 not to exceed $50,000 shall be available for entertainment
35

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1 allowances: Provided further, That of the funds made

2 available by this Act for the Inter-American Foundation,

3 not to exceed $2,000 shall be available for entertainment

4 and representation allowances: Provided further, That of

5 the funds made available by this Act for the Peace Corps,

6 not to exceed a total of $4,000 shall be available for enter7 tainment expenses: Provided further, That of the funds

8 made available by this Act under the heading ‘‘Trade and

9 Development Agency’’, not to exceed $2,000 shall be avail10 able for representation and entertainment allowances.

11 PROHIBITION ON FINANCING NUCLEAR GOODS

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

13 available (other than funds for ‘‘International Organiza14 tions and Programs’’) pursuant to this Act, for carrying

15 out the Foreign Assistance Act of 1961, may be used, ex16 cept for purposes of nuclear safety, to finance the export

17 of nuclear equipment, fuel, or technology.

18 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

19 COUNTRIES

20 SEC. 507. None of the funds appropriated or other21 wise made available pursuant to this Act shall be obligated

22 or expended to finance directly any assistance or repara23 tions to Cuba, Iraq, Libya, North Korea, Iran, Serbia,

24 Sudan, or Syria: Provided, That for purposes of this sec25 tion, the prohibition on obligations or expenditures shall

26 include direct loans, credits, insurance and guarantees of
36

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1 the Export-Import Bank or its agents: Provided further,

2 That, notwithstanding any other provision of law, Azer3 baijan shall be eligible to receive funds provided under title

4 II of this Act to be used solely for humanitarian assistance

5 and for democracy-building purposes.

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-
37

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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. 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 AVAILABILITY OF FUNDS

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

21 this Act shall remain available for obligation after the ex22 piration of the current fiscal year unless expressly so pro23 vided in this Act: Provided, That funds appropriated for

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

25 667, and chapter 4 of part II of the Foreign Assistance

26 Act of 1961, as amended, and funds provided under the
38

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1 heading ‘‘Assistance for Eastern Europe and the Baltic

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

3 funds are initially obligated before the expiration of their

4 respective periods of availability contained in this Act:

5 Provided further, That, notwithstanding any other provi6 sion of this Act, any funds made available for the purposes

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

8 Foreign Assistance Act of 1961 which are allocated or ob9 ligated for cash disbursements in order to address balance

10 of payments or economic policy reform objectives, shall re11 main available until expended: Provided further, That the

12 report required by section 653(a) of the Foreign Assist13 ance Act of 1961 shall designate for each country, to the

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

15 those funds allocated for cash disbursement for balance

16 of payment and economic policy reform purposes.

17 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

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

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

20 which is in default during a period in excess of one cal21 endar year in payment to the United States of principal

22 or interest on any loan made to such country by the Unit23 ed States pursuant to a program for which funds are ap24 propriated under this Act: Provided, That this section and

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

26 not apply to funds made available in this Act or during
39

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1 the current fiscal year for Nicaragua, and for any narcot2 ics-related assistance for Colombia, Bolivia, and Peru au3 thorized by the Foreign Assistance Act of 1961 or the

4 Arms Export Control Act.

5 COMMERCE AND TRADE

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

7 made available pursuant to this Act for direct assistance

8 and none of the funds otherwise made available pursuant

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

10 Private Investment Corporation shall be obligated or ex11 pended to finance any loan, any assistance or any other

12 financial commitments for establishing or expanding pro13 duction of any commodity for export by any country other

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

15 in surplus on world markets at the time the resulting pro16 ductive capacity is expected to become operative and if the

17 assistance will cause substantial injury to United States

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

19 Provided, That such prohibition shall not apply to the Ex20 port-Import Bank if in the judgment of its Board of Direc21 tors the benefits to industry and employment in the Unit22 ed States are likely to outweigh the injury to United

23 States producers of the same, similar, or competing com24 modity.

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

26 other Act to carry out chapter 1 of part I of the Foreign
40

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1 Assistance Act of 1961 shall be available for any testing

2 or breeding feasibility study, variety improvement or intro3 duction, consultancy, publication, conference, or training

4 in connection with the growth or production in a foreign

5 country of an agricultural commodity for export which

6 would compete with a similar commodity grown or pro7 duced in the United States: Provided, That this subsection

8 shall not prohibit—

9 (1) activities designed to increase food security

10 in developing countries where such activities will not

11 have a significant impact in the export of agricul12 tural commodities of the United States; or

13 (2) research activities intended primarily to

14 benefit American producers.

15 SURPLUS COMMODITIES

16 SEC. 514. The Secretary of the Treasury shall in17 struct the United States Executive Directors of the Inter18 national Bank for Reconstruction and Development, the

19 International Development Association, the International

20 Finance Corporation, the Inter-American Development

21 Bank, the International Monetary Fund, the Asian Devel22 opment Bank, the Inter-American Investment Corpora23 tion, the North American Development Bank, the Euro24 pean Bank for Reconstruction and Development, the Afri25 can Development Bank, and the African Development

26 Fund to use the voice and vote of the United States to
41

•HR 1868 RH1S

1 oppose any assistance by these institutions, using funds

2 appropriated or made available pursuant to this Act, for

3 the production or extraction of any commodity or mineral

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

5 assistance will cause substantial injury to United States

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

7 NOTIFICATION REQUIREMENTS

8 SEC. 515. For the purposes of providing the Execu9 tive Branch with the necessary administrative flexibility,

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

11 Survival and Disease Programs Fund’’, ‘‘Development As12 sistance Fund’’, ‘‘Development Fund for Africa’’, ‘‘Inter13 national organizations and programs’’, ‘‘Trade and Devel14 opment Agency’’, ‘‘International narcotics control’’, ‘‘As15 sistance for Eastern Europe and the Baltic States’’, ‘‘As16 sistance for the New Independent States of the Former

17 Soviet Union’’, ‘‘Economic Support Fund’’, ‘‘Peacekeeping

18 operations’’, ‘‘Operating expenses of the Agency for Inter19 national Development’’, ‘‘Operating expenses of the Agen20 cy for International Development Office of Inspector Gen21 eral’’, ‘‘Nonproliferation and Disarmament Fund’’, ‘‘Anti22 terrorism assistance’’, ‘‘Foreign Military Financing Pro23 gram’’, ‘‘International military education and training’’,

24 ‘‘Inter-American Foundation’’, ‘‘African Development

25 Foundation’’, ‘‘Peace Corps’’, ‘‘Migration and refugee as26 sistance’’, or ‘‘United States Emergency Refugee and Mi-
42

•HR 1868 RH1S

1 gration Assistance Fund’’, shall be available for obligation

2 for activities, programs, projects, type of materiel assist3 ance, countries, or other operations not justified or in ex4 cess of the amount justified to the Appropriations Com5 mittees for obligation under any of these specific headings

6 unless the Appropriations Committees of both Houses of

7 Congress are previously notified fifteen days in advance:

8 Provided, That the President shall not enter into any com9 mitment of funds appropriated for the purposes of section

10 23 of the Arms Export Control Act for the provision of

11 major defense equipment, other than conventional ammu12 nition, or other major defense items defined to be aircraft,

13 ships, missiles, or combat vehicles, not previously justified

14 to Congress or 20 per centum in excess of the quantities

15 justified to Congress unless the Committees on Appropria16 tions are notified fifteen days in advance of such commit17 ment: Provided further, That this section shall not apply

18 to any reprogramming for an activity, program, or project

19 under chapter 1 of part I of the Foreign Assistance Act

20 of 1961 of less than 20 per centum of the amount pre21 viously justified to the Congress for obligation for such

22 activity, program, or project for the current fiscal year:

23 Provided further, That the requirements of this section or

24 any similar provision of this Act or any prior Act requiring

25 notification in accordance with the regular notification
43

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1 procedures of the Committees on Appropriations may be

2 waived if failure to do so would pose a substantial risk

3 to human health or welfare: Provided further, That in case

4 of any such waiver, notification to the Congress, or the

5 appropriate congressional committees, shall be provided as

6 early as practicable, but in no event later than three days

7 after taking the action to which such notification require8 ment was applicable, in the context of the circumstances

9 necessitating such waiver: Provided further, That any noti10 fication provided pursuant to such a waiver shall contain

11 an explanation of the emergency circumstances.

12 Drawdowns made pursuant to section 506(a)(2) of

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

14 regular notification procedures of the Committees on Ap15 propriations.

16 LIMITATION ON AVAILABILITY OF FUNDS FOR

17 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

18 SEC. 516. Notwithstanding any other provision of law

19 or of this Act, none of the funds provided for ‘‘Inter20 national Organizations and Programs’’ shall be available

21 for the United States proportionate share, in accordance

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

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

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

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

26 Act of 1961, as amended: Provided, That, subject to the
44

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1 regular notification procedures of the Committees on Ap2 propriations, funds appropriated under this Act or any

3 previously enacted Act making appropriations for foreign

4 operations, export financing, and related programs, which

5 are returned or not made available for organizations and

6 programs because of the implementation of this section

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

8 obligation through September 30, 1997.

9 ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL

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

11 peace process in the Middle East is vitally important to

12 United States security interests in the region. The Con13 gress recognizes that, in fulfilling its obligations under the

14 Treaty of Peace Between the Arab Republic of Egypt and

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

16 1979, Israel incurred severe economic burdens. Further17 more, the Congress recognizes that an economically and

18 militarily secure Israel serves the security interests of the

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

20 the incentive and confidence to continue pursuing the

21 peace process. Therefore, the Congress declares that, sub22 ject to the availability of appropriations, it is the policy

23 and the intention of the United States that the funds pro24 vided in annual appropriations for the Economic Support

25 Fund which are allocated to Israel shall not be less than

26 the annual debt repayment (interest and principal) from
45

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1 Israel to the United States Government in recognition that

2 such a principle serves United States interests in the

3 region.

4 PROHIBITION CONCERNING ABORTIONS AND

5 INVOLUNTARY STERILIZATION

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

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

8 amended, may be used to pay for the performance of abor9 tions as a method of family planning or to motivate or

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

11 made available to carry out part I of the Foreign Assist12 ance Act of 1961, as amended, may be used to pay for

13 the performance of involuntary sterilization as a method

14 of family planning or to coerce or provide any financial

15 incentive to any person to undergo sterilizations. None of

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

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

18 for any biomedical research which relates in whole or in

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

20 involuntary sterilization as a means of family planning.

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

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

23 obligated or expended for any country or organization if

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

25 such country or organization would violate any of the
46

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1 above provisions related to abortions and involuntary steri2 lizations.

3 REPORTING REQUIREMENT

4 SEC. 519. The President shall submit to the Commit5 tees on Appropriations the reports required by section

6 25(a)(1) of the Arms Export Control Act.

7 SPECIAL NOTIFICATION REQUIREMENTS

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

9 shall be obligated or expended for Colombia, Dominican

10 Republic, Guatemala, Haiti, Indonesia, Liberia, Nica11 ragua, Peru, Russia, Sudan, or Zaire except as provided

12 through the regular notification procedures of the Com13 mittees on Appropriations: Provided, That this section

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

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

16 Assistance Act of 1961 that are made available for Indo17 nesia and Nicaragua.

18 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

20 project, and activity’’ shall be defined at the Appropria21 tions Act account level and shall include all Appropriations

22 and Authorizations Acts earmarks, ceilings, and limita23 tions with the exception that for the following accounts:

24 Economic Support Fund and Foreign Military Financing

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

26 considered to include country, regional, and central pro-
47

•HR 1868 RH1S

1 gram level funding within each such account; for the devel2 opment assistance accounts of the Agency for Inter3 national Development ‘‘program, project, and activity’’

4 shall also be considered to include central program level

5 funding, either as (1) justified to the Congress, or (2) allo6 cated by the executive branch in accordance with a report,

7 to be provided to the Committees on Appropriations within

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

9 653(a) of the Foreign Assistance Act of 1961.

10 CHILD SURVIVAL AND AIDS ACTIVITIES

11 SEC. 522. Up to $8,000,000 of the funds made avail12 able by this Act for assistance for family planning, health,

13 child survival, and AIDS, may be used to reimburse Unit14 ed States Government agencies, agencies of State govern15 ments, institutions of higher learning, and private and vol16 untary organizations for the full cost of individuals (in17 cluding for the personal services of such individuals) de18 tailed or assigned to, or contracted by, as the case may

19 be, the Agency for International Development for the pur20 pose of carrying out family planning activities, child sur21 vival activities and activities relating to research on, and

22 the treatment and control of, acquired immune deficiency

23 syndrome in developing countries: Provided, That funds

24 appropriated by this Act that are made available for child

25 survival activities or activities relating to research on, and

26 the treatment and control of, acquired immune deficiency
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1 syndrome may be made available notwithstanding any pro2 vision of law that restricts assistance to foreign countries:

3 Provided further, That funds appropriated by this Act that

4 are made available for family planning activities may be

5 made available notwithstanding section 512 of this Act

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

7 PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN

8 COUNTRIES

9 SEC. 523. None of the funds appropriated or other10 wise made available pursuant to this Act shall be obligated

11 to finance indirectly any assistance or reparations to

12 Cuba, Iraq, Libya, Iran, Syria, North Korea, or the Peo13 ple’s Republic of China, unless the President of the United

14 States certifies that the withholding of these funds is con15 trary to the national interest of the United States.

16 RECIPROCAL LEASING

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

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

19 lieu thereof ‘‘1996’’.

20 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

21 SEC. 525. Prior to providing excess Department of

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

23 Foreign Assistance Act of 1961, the Department of De24 fense shall notify the Committees on Appropriations to the

25 same extent and under the same conditions as are other

26 committees pursuant to subsection (c) of that section: Pro-
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•HR 1868 RH1S

1 vided, That before issuing a letter of offer to sell excess

2 defense articles under the Arms Export Control Act, the

3 Department of Defense shall notify the Committees on

4 Appropriations in accordance with the regular notification

5 procedures of such Committees: Provided further, That

6 such Committees shall also be informed of the original ac7 quisition cost of such defense articles.

8 AUTHORIZATION REQUIREMENT

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

10 obligated and expended subject to section 10 of Public

11 Law 91–672 and section 15 of the State Department

12 Basic Authorities Act of 1956.

13 OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES

14 BY INTERNATIONAL FINANCIAL INSTITUTIONS

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

16 EXECUTIVE DIRECTORS.—The Secretary of the Treasury

17 shall instruct the United States Executive Director of each

18 international financial institution designated in subsection

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

20 Development shall instruct the United States Executive

21 Director of the International Fund for Agriculture Devel22 opment, to use the voice and vote of the United States

23 to oppose any loan or other use of the funds of the respec24 tive institution to or for a country for which the Secretary

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

26 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 COMMERCIAL LEASING OF DEFENSE ARTICLES

13 SEC. 528. Notwithstanding any other provision of

14 law, and subject to the regular notification requirements

15 of the Committees on Appropriations, the authority of sec16 tion 23(a) of the Arms Export Control Act may be used

17 to provide financing to Israel and Egypt and NATO and

18 major non-NATO allies for the procurement by leasing

19 (including leasing with an option to purchase) of defense

20 articles from United States commercial suppliers, not in21 cluding Major Defense Equipment (other than helicopters

22 and other types of aircraft having possible civilian applica23 tion), if the President determines that there are compel24 ling foreign policy or national security reasons for those

25 defense articles being provided by commercial lease rather

26 than by government-to-government sale under such Act.
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1 STINGERS IN THE PERSIAN GULF REGION

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

3 Foreign Operations, Export Financing, and Related Pro4 grams Appropriations Act, 1990, the United States may

5 not sell or otherwise make available any Stingers to any

6 country bordering the Persian Gulf under the Arms Ex7 port Control Act or chapter 2 of part II of the Foreign

8 Assistance Act of 1961.

9 DEBT-FOR-DEVELOPMENT

10 SEC. 530. In order to enhance the continued partici11 pation of nongovernmental organizations in economic as12 sistance activities under the Foreign Assistance Act of

13 1961, including endowments, debt-for-development and

14 debt-for-nature exchanges, a nongovernmental organiza15 tion which is a grantee or contractor of the Agency for

16 International Development may place in interest bearing

17 accounts funds made available under this Act or prior Acts

18 or local currencies which accrue to that organization as

19 a result of economic assistance provided under title II of

20 this Act and any interest earned on such investment may

21 be used for the purpose for which the assistance was pro22 vided to that organization.

23 LOCATION OF STOCKPILES

24 SEC. 531. Section 514(b)(2) of the Foreign Assist25 ance Act of 1961 is amended by striking out ‘‘a total of

26 $200,000,000 for stockpiles in Israel for fiscal years 1994
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1 and 1995, up to $40,000,000 may be made available for

2 stockpiles in the Republic of Korea, and up to

3 $10,000,000 may be made available for stockpiles in Thai4 land for fiscal year 1995.’’ and inserting in lieu thereof

5 ‘‘$40,000,000 for stockpiles in the Republic of Korea and

6 $10,000,000 for stockpiles in Thailand for fiscal year

7 1996’’.

8 SEPARATE ACCOUNTS

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

10 CURRENCIES.—(1) If assistance is furnished to the gov11 ernment of a foreign country under chapters 1 and 10 of

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

13 Act of 1961 under agreements which result in the genera14 tion of local currencies of that country, the Administrator

15 of the Agency for International Development shall—

16 (A) require that local currencies be deposited in

17 a separate account established by that government;

18 (B) enter into an agreement with that govern19 ment which sets forth—

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

21 generated, and

22 (ii) the terms and conditions under which

23 the currencies so deposited may be utilized, con24 sistent with this section; and

25 (C) establish by agreement with that govern26 ment the responsibilities of the Agency for Inter-
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1 national Development and that government to mon2 itor and account for deposits into and disbursements

3 from the separate account.

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

5 agreed upon with the foreign government, local currencies

6 deposited in a separate account pursuant to subsection

7 (a), or an equivalent amount of local currencies, shall be

8 used only—

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

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

11 purposes as—

12 (i) project and sector assistance activities,

13 or

14 (ii) debt and deficit financing; or

15 (B) for the administrative requirements of the

16 United States Government.

17 (3) PROGRAMMING ACCOUNTABILITY.—The Agency

18 for International Development shall take all appropriate

19 steps to ensure that the equivalent of the local currencies

20 disbursed pursuant to subsection (a)(2)(A) from the sepa21 rate account established pursuant to subsection (a)(1) are

22 used for the purposes agreed upon pursuant to subsection

23 (a)(2).

24 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

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

2 may be), any unencumbered balances of funds which re3 main in a separate account established pursuant to sub4 section (a) shall be disposed of for such purposes as may

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

6 United States Government.

7 (5) CONFORMING AMENDMENTS.—The provisions of

8 this subsection shall supersede the tenth and eleventh pro9 visos contained under the heading ‘‘Sub-Saharan Africa,

10 Development Assistance’’ as included in the Foreign Oper11 ations, Export Financing, and Related Programs Appro12 priations Act, 1989 and sections 531(d) and 609 of the

13 Foreign Assistance Act of 1961.

14 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

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

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

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

18 as cash transfer assistance or as nonproject sector assist19 ance, that country shall be required to maintain such

20 funds in a separate account and not commingle them with

21 any other funds.

22 (2) APPLICABILITY OF OTHER PROVISIONS OF

23 LAW.—Such funds may be obligated and expended not24 withstanding provisions of law which are inconsistent with

25 the nature of this assistance including provisions which
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1 are referenced in the Joint Explanatory Statement of the

2 Committee of Conference accompanying House Joint Res3 olution 648 (H. Report No. 98–1159).

4 (3) NOTIFICATION.—At least fifteen days prior to ob5 ligating any such cash transfer or nonproject sector assist6 ance, the President shall submit a notification through the

7 regular notification procedures of the Committees on Ap8 propriations, which shall include a detailed description of

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

10 with a discussion of the United States interests that will

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

12 description of the economic policy reforms that will be pro13 moted by such assistance).

14 (4) EXEMPTION.—Nonproject sector assistance funds

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

16 only through the notification procedures of the Commit17 tees on Appropriations.

18 COMPENSATION FOR UNITED STATES EXECUTIVE

19 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

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

21 be made as payment to any international financial institu22 tion while the United States Executive Director to such

23 institution is compensated by the institution at a rate

24 which, together with whatever compensation such Director

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

26 provided for an individual occupying a position at level IV
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1 of the Executive Schedule under section 5315 of title 5,

2 United States Code, or while any alternate United States

3 Director to such institution is compensated by the institu4 tion at a rate in excess of the rate provided for an individ5 ual occupying a position at level V of the Executive Sched6 ule under section 5316 of title 5, United States Code.

7 (b) For purposes of this section, ‘‘international finan8 cial institutions’’ are: the International Bank for Recon9 struction and Development, the Inter-American Develop10 ment Bank, the Asian Development Bank, the Asian De11 velopment Fund, the African Development Bank, the Afri12 can Development Fund, the International Monetary Fund,

13 the North American Development Bank, and the Euro14 pean Bank for Reconstruction and Development.

15 COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST

16 IRAQ

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

18 funds appropriated or otherwise made available pursuant

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

20 1961 (including title IV of chapter 2 of part I, relating

21 to the Overseas Private Investment Corporation) or the

22 Arms Export Control Act may be used to provide assist23 ance to any country that is not in compliance with the

24 United Nations Security Council sanctions against Iraq,

25 Serbia or Montenegro unless the President determines and

26 so certifies to the Congress that—
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1 (1) such assistance is in the national interest of

2 the United States;

3 (2) such assistance will directly benefit the

4 needy people in that country; or

5 (3) the assistance to be provided will be human6 itarian assistance for foreign nationals who have fled

7 Iraq and Kuwait.

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

9 that the taking of such action would promote the effective10 ness of the economic sanctions of the United Nations and

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

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

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

14 a period of time as he considers appropriate, the importa15 tion into the United States of any or all products of any

16 foreign country that has not prohibited—

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

18 or Montenegro into its customs territory, and

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

20 or Montenegro, as the case may be.

21 POW/MIA MILITARY DRAWDOWN

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

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

24 reimbursement by the recipient, of defense articles from

25 the stocks of the Department of Defense, defense services

26 of the Department of Defense, and military education and
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1 training, of an aggregate value not to exceed $15,000,000

2 in fiscal year 1996, as may be necessary to carry out sub3 section (b).

4 (b) Such defense articles, services and training may

5 be provided to Vietnam, Cambodia and Laos, under sub6 section (a) as the President determines are necessary to

7 support efforts to locate and repatriate members of the

8 United States Armed Forces and civilians employed di9 rectly or indirectly by the United States Government who

10 remain unaccounted for from the Vietnam War, and to

11 ensure the safety of United States Government personnel

12 engaged in such cooperative efforts and to support United

13 States Department of Defense-sponsored humanitarian

14 projects associated with the POW/MIA efforts. Any air15 craft shall be provided under this section only to Laos and

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

17 cost notwithstanding section 61 of the Arms Export Con18 trol Act and may be maintained with defense articles, serv19 ices and training provided under this section.

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

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

22 is exercised, submit a report to the Congress which identi23 fies the articles, services, and training drawn down under

24 this section.
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1 MEDITERRANEAN EXCESS DEFENSE ARTICLES

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

3 section 573(e) of the Foreign Operations, Export Financ4 ing, and Related Programs Appropriations Act, 1990,

5 shall be applicable, for the period specified therein, to ex6 cess defense articles made available under sections 516

7 and 519 of the Foreign Assistance Act of 1961.

8 CASH FLOW FINANCING

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

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

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

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

13 Program, any Letter of Offer and Acceptance or other

14 purchase agreement, or any amendment thereto, for a pro15 curement in excess of $100,000,000 that is to be financed

16 in whole or in part with funds made available under this

17 Act shall be submitted through the regular notification

18 procedures to the Committees on Appropriations.

19 AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER20 ICAN FOUNDATION AND THE AFRICAN DEVELOP21 MENT FOUNDATION

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

23 provisions of this or any other Act, including provisions

24 contained in prior Acts authorizing or making appropria25 tions for foreign operations, export financing, and related

26 programs, shall not be construed to prohibit activities au-
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1 thorized by or conducted under the Peace Corps Act, the

2 Inter-American Foundation Act, or the African Develop3 ment Foundation Act. The appropriate agency shall

4 promptly report to the Committees on Appropriations

5 whenever it is conducting activities or is proposing to con6 duct activities in a country for which assistance is prohib7 ited.

8 IMPACT ON JOBS IN THE UNITED STATES

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

10 may be obligated or expended to provide—

11 (a) any financial incentive to a business enter12 prise currently located in the United States for the

13 purpose of inducing such an enterprise to relocate

14 outside the United States if such incentive or in15 ducement is likely to reduce the number of employ16 ees of such business enterprise in the United States

17 because United States production is being replaced

18 by such enterprise outside the United States;

19 (b) assistance for the purpose of establishing or

20 developing in a foreign country any export process21 ing zone or designated area in which the tax, tariff,

22 labor, environment, and safety laws of that country

23 do not apply, in part or in whole, to activities car24 ried out within that zone or area, unless the Presi25 dent determines and certifies that such assistance is
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1 not likely to cause a loss of jobs within the United

2 States; or

3 (c) assistance for any project or activity that

4 contributes to the violation of internationally recog5 nized workers rights, as defined in section 502(a)(4)

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

7 country, including any designated zone or area in

8 that country: Provided, That in recognition that the

9 application of this subsection should be commensu10 rate with the level of development of the recipient

11 country and sector, the provisions of this subsection

12 shall not preclude assistance for the informal sector

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

14 and smallholder agriculture.

15 AUTHORITY TO ASSIST BOSNIA-HERCEGOVINA

16 SEC. 540. (a) Congress finds as follows:

17 (1) The United Nations has imposed an embar18 go on the transfer of arms to any country on the

19 territory of the former Yugoslavia.

20 (2) The federated states of Serbia and

21 Montenegro have a large supply of military equip22 ment and ammunition and the Serbian forces fight23 ing the government of Bosnia-Hercegovina have

24 more than one thousand battle tanks, armored vehi25 cles, and artillery pieces.
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1 (3) Because the United Nations arms embargo

2 is serving to sustain the military advantage of the

3 aggressor, the United Nations should exempt the

4 government of Bosnia-Hercegovina from its embar5 go.

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

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

8 by the President of the United States, against Bosnia9 Hercegovina, the President is authorized to transfer, sub10 ject to prior notification of the Committees on Appropria11 tions, to the government of that nation, without reim12 bursement, defense articles from the stocks of the Depart13 ment of Defense and defense services of the Department

14 of Defense of an aggregate value not to exceed

15 $50,000,000 in fiscal year 1996: Provided, That the Presi16 dent certifies in a timely fashion to the Congress that the

17 transfer of such articles would assist that nation in self18 defense and thereby promote the security and stability of

19 the region.

20 (c) Within 60 days of any transfer under the author21 ity provided in subsection (b), and every 60 days there22 after, the President shall report in writing to the Speaker

23 of the House of Representatives and the President pro

24 tempore of the Senate concerning the articles transferred

25 and the disposition thereof.
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1 (d) There are authorized to be appropriated to the

2 President such sums as may be necessary to reimburse

3 the applicable appropriation, fund, or account for defense

4 articles provided under this section.

5 SPECIAL AUTHORITIES

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

7 Act that are made available for Haiti, Afghanistan, Leb8 anon, and Cambodia, and for victims of war, displaced

9 children, displaced Burmese, humanitarian assistance for

10 Romania, and humanitarian assistance for the peoples of

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

12 available notwithstanding any other provision of law: Pro13 vided, That any such funds that are made available for

14 Cambodia shall be subject to the provisions of section

15 531(e) of the Foreign Assistance Act of 1961 and section

16 906 of the International Security and Development Co17 operation Act of 1985: Provided further, That the Presi18 dent shall terminate assistance to any country or organiza19 tion that he determines is cooperating, tactically or strate20 gically, with the Khmer Rouge in their military operations.

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

22 provisions of sections 103 through 106 of the Foreign As23 sistance Act of 1961 may be used, notwithstanding any

24 other provision of law, for the purpose of supporting tropi25 cal forestry and energy programs aimed at reducing emis-
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1 sions of greenhouse gases, and for the purpose of support2 ing biodiversity conservation activities: Provided, That

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

4 620A of the Foreign Assistance Act of 1961.

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

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

7 the Foreign Assistance Act of 1961, notwithstanding the

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

9 (d) The Agency for International Development may

10 employ personal services contractors, notwithstanding any

11 other provision of law, for the purpose of administering

12 programs for the West Bank and Gaza.

13 POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT

14 OF ISRAEL

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

16 (1) the Arab League countries should imme17 diately and publicly renounce the primary boycott of

18 Israel and the secondary and tertiary boycott of

19 American firms that have commercial ties with Is20 rael; and

21 (2) the President should—

22 (A) take more concrete steps to encourage

23 vigorously Arab League countries to renounce

24 publicly the primary boycotts of Israel and the

25 secondary and tertiary boycotts of American
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1 firms that have commercial relations with Israel

2 as a confidence-building measure;

3 (B) take into consideration the participa4 tion of any recipient country in the primary

5 boycott of Israel and the secondary and tertiary

6 boycotts of American firms that have commer7 cial relations with Israel when determining

8 whether to sell weapons to said country;

9 (C) report to Congress on the specific

10 steps being taken by the President to bring

11 about a public renunciation of the Arab primary

12 boycott of Israel and the secondary and tertiary

13 boycotts of American firms that have commer14 cial relations with Israel; and

15 (D) encourage the allies and trading part16 ners of the United States to enact laws prohib17 iting businesses from complying with the boy18 cott and penalizing businesses that do comply.

19 ANTI-NARCOTICS ACTIVITIES

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

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

22 assistance may be provided to strengthen the administra23 tion of justice in countries in Latin America and the Car24 ibbean in accordance with the provisions of section 534

25 of the Foreign Assistance Act of 1961, except that pro26 grams to enhance protection of participants in judicial
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1 cases may be conducted notwithstanding section 660 of

2 that Act.

3 (b) Funds made available pursuant to this section

4 may be made available notwithstanding the third sentence

5 of section 534(e) of the Foreign Assistance Act of 1961.

6 Funds made available pursuant to subsection (a) for Bo7 livia, Colombia and Peru may be made available notwith8 standing section 534(c) and the second sentence of section

9 534(e) of the Foreign Assistance Act of 1961.

10 ELIGIBILITY FOR ASSISTANCE

11 SEC. 544. (a) ASSISTANCE THROUGH NONGOVERN12 MENTAL ORGANIZATIONS.—Restrictions contained in this

13 or any other Act with respect to assistance for a country

14 shall not be construed to restrict assistance in support of

15 programs of nongovernmental organizations from funds

16 appropriated by this Act to carry out the provisions of

17 chapters 1 and 10 of part I of the Foreign Assistance Act

18 of 1961: Provided, That the President shall take into con19 sideration, in any case in which a restriction on assistance

20 would be applicable but for this subsection, whether assist21 ance in support of programs of nongovernmental organiza22 tions is in the national interest of the United States: Pro23 vided further, That before using the authority of this sub24 section to furnish assistance in support of programs of

25 nongovernmental organizations, the President shall notify

26 the Committees on Appropriations under the regular noti-
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1 fication procedures of those committees, including a de2 scription of the program to be assisted, the assistance to

3 be provided, and the reasons for furnishing such assist4 ance: Provided further, That nothing in this subsection

5 shall be construed to alter any existing statutory prohibi6 tions against abortion or involuntary sterilizations con7 tained in this or any other Act.

8 (b) PUBLIC LAW 480.—During fiscal year 1996, re9 strictions contained in this or any other Act with respect

10 to assistance for a country shall not be construed to re11 strict assistance under the Agricultural Trade Develop12 ment and Assistance Act of 1954: Provided, That none

13 of the funds appropriated to carry out title I of such Act

14 and made available pursuant to this subsection may be

15 obligated or expended except as provided through the reg16 ular notification procedures of the Committees on Appro17 priations.

18 (c) EXCEPTION.—This section shall not apply—

19 (1) with respect to section 620A of the Foreign

20 Assistance Act or any comparable provision of law

21 prohibiting assistance to countries that support

22 international terrorism; or

23 (2) with respect to section 116 of the Foreign

24 Assistance Act of 1961 or any comparable provision
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1 of law prohibiting assistance to countries that violate

2 internationally recognized human rights.

3 CEILINGS

4 SEC. 545. Ceilings and earmarks contained in this

5 Act shall not be applicable to funds or authorities appro6 priated or otherwise made available by any subsequent Act

7 unless such Act specifically so directs.

8 EXCESS DEFENSE ARTICLES

9 SEC. 546. (a) The authority of section 519 of the

10 Foreign Assistance Act of 1961, as amended, may be used

11 in fiscal year 1996 to provide nonlethal excess defense ar12 ticles to countries for which United States foreign assist13 ance has been requested and for which receipt of such arti14 cles was separately justified for the fiscal year, without

15 regard to the restrictions in subsection (a) of section 519.

16 (b) The authority of section 516 of the Foreign As17 sistance Act of 1961, as amended, may be used in fiscal

18 year 1996 to provide defense articles to Jordan, except

19 that the provision of such defense articles shall be subject

20 to section 534 of this Act.

21 PROHIBITION ON PUBLICITY OR PROPAGANDA

22 SEC. 547. No part of any appropriation contained in

23 this Act shall be used for publicity or propaganda purposes

24 within the United States not authorized before the date

25 of enactment of this Act by the Congress: Provided, That

26 none of the funds appropriated by this Act may be made
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1 available to carry out the provisions of section 316 of Pub2 lic Law 96–533.

3 USE OF AMERICAN RESOURCES

4 SEC. 548. To the maximum extent possible, assist5 ance provided under this Act should make full use of

6 American resources, including commodities, products, and

7 services.

8 PROHIBITION OF PAYMENTS TO UNITED NATIONS

9 MEMBERS

10 SEC. 549. None of the funds appropriated or made

11 available pursuant to this Act for carrying out the Foreign

12 Assistance Act of 1961, may be used to pay in whole or

13 in part any assessments, arrearages, or dues of any mem14 ber of the United Nations.

15 CONSULTING SERVICES

16 SEC. 550. The expenditure of any appropriation

17 under this Act for any consulting service through procure18 ment contract, pursuant to section 3109 of title 5, United

19 States Code, shall be limited to those contracts where such

20 expenditures are a matter of public record and available

21 for public inspection, except where otherwise provided

22 under existing law, or under existing Executive order pur23 suant to existing law.

24 PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

25 SEC. 551. None of the funds appropriated or made

26 available pursuant to this Act shall be available to a pri-
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1 vate voluntary organization which fails to provide upon

2 timely request any document, file, or record necessary to

3 the auditing requirements of the Agency for International

4 Development.

5 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN6 MENTS THAT EXPORT LETHAL MILITARY EQUIP7 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

8 TERRORISM

9 SEC. 552. (a) None of the funds appropriated or oth10 erwise made available by this Act may be available to any

11 foreign government which provides lethal military equip12 ment to a country the government of which the Secretary

13 of State has determined is a terrorist government for pur14 poses of section 40(d) of the Arms Export Control Act.

15 The prohibition under this section with respect to a for16 eign government shall terminate 12 months after that gov17 ernment ceases to provide such military equipment. This

18 section applies with respect to lethal military equipment

19 provided under a contract entered into after the date of

20 enactment of this Act.

21 (b) Assistance restricted by subsection (a) or any

22 other similar provision of law, may be furnished if the

23 President determines that furnishing such assistance is

24 important to the national interests of the United States.

25 (c) Whenever the waiver of subsection (b) is exer26 cised, the President shall submit to the appropriate con-
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1 gressional committees a report with respect to the furnish2 ing of such assistance. Any such report shall include a de3 tailed explanation of the assistance to be provided, includ4 ing the estimated dollar amount of such assistance, and

5 an explanation of how the assistance furthers United

6 States national interests.

7 WITHHOLDING OF ASSISTANCE FOR PARKING FINES

8 OWED BY FOREIGN COUNTRIES

9 SEC. 553. (a) IN GENERAL.—Of the funds made

10 available for a foreign country under part I of the Foreign

11 Assistance Act of 1961, an amount equivalent to 110 per12 cent of the total unpaid fully adjudicated parking fines

13 and penalties owed to the District of Columbia by such

14 country as of the date of enactment of this Act shall be

15 withheld from obligation for such country until the Sec16 retary of State certifies and reports in writing to the ap17 propriate congressional committees that such fines and

18 penalties are fully paid to the government of the District

19 of Columbia.

20 (b) DEFINITION.—For purposes of this section, the

21 term ‘‘appropriate congressional committees’’ means the

22 Committee on Foreign Relations and the Committee on

23 Appropriations of the Senate and the Committee on Inter24 national Relations and the Committee on Appropriations

25 of the House of Representatives.
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1 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

2 WEST BANK AND GAZA

3 SEC. 554. None of the funds appropriated by this Act

4 may be obligated for assistance for the Palestine Libera5 tion Organization for the West Bank and Gaza unless the

6 President has exercised the authority under section 583(a)

7 of the Middle East Peace Facilitation Act of 1994 (part

8 E of title V of Public Law 103–236) or any other legisla9 tion to suspend or make inapplicable section 307 of the

10 Foreign Assistance Act of 1961 and that suspension is

11 still in effect: Provided, That if the President fails to make

12 the certification under section 583(b)(2) of the Middle

13 East Peace Facilitation Act or to suspend the prohibition

14 under other legislation, funds appropriated by this Act

15 may not be obligated for assistance for the Palestine Lib16 eration Organization for the West Bank and Gaza.

17 EXPORT FINANCING TRANSFER AUTHORITIES

18 SEC. 555. Not to exceed 5 percent of any appropria19 tion other than for administrative expenses made available

20 for fiscal year 1996 for programs under title I of this Act

21 may be transferred between such appropriations for use

22 for any of the purposes, programs and activities for which

23 the funds in such receiving account may be used, but no

24 such appropriation, except as otherwise specifically pro25 vided, shall be increased by more than 25 percent by any

26 such transfer: Provided, That the exercise of such author-
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1 ity shall be subject to the regular notification procedures

2 of the Committees on Appropriations.

3 WAR CRIMES TRIBUNALS

4 SEC. 556. If the President determines that doing so

5 will contribute to a just resolution of charges regarding

6 genocide or other violations of international humanitarian

7 law, the authority of section 552(c) of the Foreign Assist8 ance Act of 1961, as amended, may be used to provide

9 up to $25,000,000 of commodities and services to the

10 United Nations War Crimes Tribunal established with re11 gard to the former Yugoslavia by the United Nations Se12 curity Council or such other tribunals or commissions as

13 the Council may establish to deal with such violations,

14 without regard to the ceiling limitation contained in para15 graph (2) thereof: Provided, That the determination re16 quired under this section shall be in lieu of any determina17 tions otherwise required under section 552(c): Provided

18 further, That 60 days after the date of enactment of this

19 Act, and every 180 days thereafter, the Secretary of State

20 shall submit a report to the Committees on Appropriations

21 describing the steps the United States Government is tak22 ing to collect information regarding allegations of genocide

23 or other violations of international law in the former Yugo24 slavia and to furnish that information to the United Na25 tions War Crimes Tribunal for the former Yugoslavia.
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1 NONLETHAL EXCESS DEFENSE ARTICLES

2 SEC. 557. Notwithstanding section 519(f) of the For3 eign Assistance Act of 1961, during fiscal year 1996,

4 funds available to the Department of Defense may be ex5 pended for crating, packing, handling and transportation

6 of nonlethal excess defense articles transferred under the

7 authority of section 519 to countries eligible to participate

8 in the Partnership for Peace and to receive assistance

9 under Public Law 101–179.

10 LANDMINES

11 SEC. 558. Notwithstanding any other provision of

12 law, demining equipment available to any department or

13 agency and used in support of the clearing of landmines

14 for humanitarian purposes may be disposed of on a grant

15 basis in foreign countries, subject to such terms and condi16 tions as the President may prescribe.

17 REPORT ON THE SALARIES AND BENEFITS OF THE IMF

18 AND THE WORLD BANK

19 SEC. 559. The Comptroller General shall submit a

20 report to the Committees on Appropriations not later than

21 November 1, 1995, on the following—

22 (1) a review of the existing salaries and benefits

23 of employees of the International Monetary Fund

24 and the International Bank for Reconstruction and

25 Development; and
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1 (2) a review of all benefits paid to dependents

2 of Fund and Bank employees.

3 Such report shall include a comparison of the salaries and

4 benefits paid to employees and dependents of the Fund

5 and the Bank with salaries and benefits paid to employees

6 holding comparable positions in the public and private sec7 tors in member countries and in the international sector.

8 RESTRICTIONS CONCERNING THE PALESTINIAN

9 AUTHORITY

10 SEC. 560. None of the funds appropriated by this Act

11 may be obligated or expended to create in any part of Je12 rusalem a new office of any department or agency of the

13 United States Government for the purpose of conducting

14 official United States Government business with the Pal15 estinian Authority over Gaza and Jericho or any successor

16 Palestinian governing entity provided for in the Israel17 PLO Declaration of Principles: Provided, That this sub18 section shall not apply to the acquisition of additional

19 space for the existing Consulate General in Jerusalem:

20 Provided further, That meetings between officers and em21 ployees of the United States and officials of the Palestin22 ian Authority, or any successor Palestinian governing en23 tity provided for in the Israel-PLO Declaration of Prin24 ciples, for the purpose of conducting official United States

25 Government business with such authority should continue

26 to take place in locations other than Jerusalem. As has
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1 been true in the past, officers and employees of the United

2 States Government may continue to meet in Jerusalem on

3 other subjects with Palestinians (including those who now

4 occupy positions in the Palestinian Authority), have social

5 contacts, and have incidental discussions.

6 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

7 SEC. 561. None of the funds appropriated or other8 wise made available by this Act under the heading

9 ‘‘INTERNATIONAL MILITARY EDUCATION AND TRAINING’’

10 or ‘‘FOREIGN MILITARY FINANCING PROGRAM’’ for Infor11 mational Program activities may be obligated or expended

12 to pay for—

13 (1) alcoholic beverages;

14 (2) food (other than food provided at a military

15 installation) not provided in conjunction with Infor16 mational Program trips where students do not stay

17 at a military installation; or

18 (3) entertainment expenses for activities that

19 are substantially of a recreational character, includ20 ing entrance fees at sporting events and amusement

21 parks.

22 LIMITATION ON ASSISTANCE TO COUNTRIES THAT RE23 STRICT THE TRANSPORT OR DELIVERY OF UNITED

24 STATES HUMANITARIAN ASSISTANCE

25 SEC. 562. (a) IN GENERAL.—None of the funds

26 made available in this Act may be used for assistance in
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1 support of any country when it is made known to the

2 President that the government of such country prohibits

3 or otherwise restricts, directly or indirectly, the transport

4 or delivery of United States humanitarian assistance.

5 (b) EXCEPTION.—Subsection (a) shall not apply to

6 assistance in support of any country when it is made

7 known to the President that the assistance is in the na8 tional security interest of the United States.

9 REFERENCES TO AUTHORIZATION ACTS

10 SEC. 563. The funds appropriated under the heading,

11 ‘‘Child Survival and Disease Programs Fund’’ are pro12 vided pursuant to the Foreign Assistance Act, as amend13 ed: under sections 103 through 106 (Development Assist14 ance Fund), in the amount of $214,000,000; under part

15 I, chapter 10 (Development Fund for Africa), in the

16 amount of $131,000,000; under the provisions of section

17 498(6) (Assistance for the New Independent States of the

18 Former Soviet Union), in the amount of $15,000,000;

19 under the provisions of part I, chapter 1, section 104(c)

20 of the Foreign Assistance Act and the Support for East

21 European Democracy (SEED) Act of 1989, in the amount

22 of $1,000,000; under provisions of chapter 4, part II (Eco23 nomic Support Fund), in the amount of $23,000,000;

24 under the provisions of section 301, in the amount of

25 $100,000,000 as a contribution on a grant basis to the

26 United Nation’s Children’s Fund (UNICEF): Provided,
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1 That funds derived from funds authorized under chapter

2 4, part II, shall be made available for projects meeting

3 criteria set forth in part I section 104(c): Provided further,

4 That funds appropriated under the heading ‘‘Child Sur5 vival and Disease Programs Fund’’ shall be in addition

6 to amounts otherwise available for such purposes.

7 This Act may be cited as the ‘‘Foreign Operations,

8 Export Financing, and Related Programs Appropriations

9 Act, 1996’’.

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