H. R. 2295—21
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for the
performance of involuntary sterilization as a method of family plan-
ning or to coerce or provide any financial incentive to any person
to undergo sterilizations. None of the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for any biomedical research which relates
in whole or in part, to methods of, or the performance of, abortions
or involuntary sterilization as a means of family planning. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended
for any country or organization if the President certifies that the
use of these funds by any such country or organization would
violate any of the above provisions related to abortions and involun-
tary sterilizations. The Congress reaffirms its commitments to Popu-
lation, Development Assistance and to the need for informed vol-
untary family planning.
REPORTING REQUIREMENT
SEC. 519. The President shall submit to the Committees on
Appropriations the reports required by section 25(a)(1) of the Arms
Export Control Act.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated in this Act shall
be obligated or expended for Afghanistan, Cambodia, Colombia,
El Salvador, Guatemala, Haiti, Indonesia, Jordan, Liberia, Malawi,
Nicaragua, Peru, Sudan, Togo, or Zaire except as provided through
the regular notification procedures of the Committees on Appropria-
tions: Provided, That this section shall not apply to funds appro-
priated by this Act to carry out the provisions of chapter 1 of
part I of the Foreign Assistance Act of 1961 that are made available
for El Salvador and Nicaragua.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program, project, and
activity’’ shall be defined at the Appropriations Act account level
and shall include all Appropriations and Authorizations Acts ear-
marks, ceilings, and limitations with the exception that for the
following accounts: Economic Support Fund and Foreign Military
Financing Program, ‘‘program, project, and activity’’ shall also be
considered to include country, regional, and central program level
funding within each such account; for the development assistance
accounts of the Agency for International Development ‘‘program,
project, and activity’’ shall also be considered to include central
program level funding, either as (1) justified to the Congress, or
(2) allocated by the executive branch in accordance with a report,
to be provided to the Committees on Appropriations within thirty
days of enactment of this Act, as required by section 653(a) of
the Foreign Assistance Act of 1961.
FAMILY PLANNING, CHILD SURVIVAL AND AIDS ACTIVITIES
SEC. 522. Up to $8,000,000 of the funds made available by
this Act for assistance for family planning, health, child survival,
and AIDS, may be used to reimburse United States Government
H. R. 2295—22
agencies, agencies of State governments, institutions of higher
learning, and private and voluntary organizations for the full cost
of individuals (including for the personal services of such individ-
uals) detailed or assigned to, or contracted by, as the case may
be, the Agency for International Development for the purpose of
carrying out family planning activities, child survival activities
and activities relating to research on, and the treatment and control
of, acquired immune deficiency syndrome in developing countries:
Provided, That such individuals shall not be included within any
personnel ceiling applicable to any United States Government
agency during the period of detail or assignment: Provided further,
That funds appropriated by this Act that are made available for
child survival activities or activities relating to research on, and
the treatment and control of, acquired immune deficiency syndrome
may be made available notwithstanding any provision of law that
restricts assistance to foreign countries: Provided further, That
funds appropriated by this Act that are made available for family
planning activities may be made available notwithstanding section
512 of this Act and section 620(q) of the Foreign Assistance Act
of 1961.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES
SEC. 523. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance indirectly
any assistance or reparations to Cuba, Iraq, Libya, the Socialist
Republic of Vietnam, Iran, Syria, North Korea, People’s Republic
of China, or Laos unless the President of the United States certifies
that the withholding of these funds is contrary to the national
interest of the United States.
RECIPROCAL LEASING
SEC. 524. Section 61(a) of the Arms Export Control Act is
amended by striking out ‘‘1993’’ and inserting in lieu thereof ‘‘1994’’.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 525. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees
on Appropriations to the same extent and under the same conditions
as are other committees pursuant to subsection (c) of that section:
Provided, That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accord-
ance with the regular notification procedures of such Committees:
Provided further, That such Committees shall also be informed
of the original acquisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
SEC. 526. Funds appropriated by Title I through V of this
Act may be obligated and expended notwithstanding section 10
of Public Law 91–672 and section 15 of the State Department
Basic Authorities Act of 1956: Provided, That the Secretary of
the Treasury is authorized to agree on behalf of the United States
to participate in the tenth replenishment of the resources of the
International Development Association, the fifth replenishment of
H. R. 2295—23
the Asian Development Fund, and the replenishment of the perma-
nent Global Environment Facility, subject to obtaining the nec-
essary appropriations: Provided further, That pursuant to the tenth
replenishment of the resources of the International Development
Association, $2,500,000,000 is authorized to be appropriated.
DEPLETED URANIUM
SEC. 527. None of the funds provided in this or any other
Act may be made available to facilitate in any way the sale of
M–833 antitank shells or any comparable antitank shells containing
a depleted uranium penetrating component to any country other
than (1) countries which are members of NATO, (2) countries which
have been designated as a major non-NATO ally for purposes of
section 1105 of the National Defense Authorization Act for Fiscal
Year 1987 or, (3) Taiwan: Provided, That funds may be made
available to facilitate the sale of such shells notwithstanding the
limitations of this section if the President determines that to do
so is in the national security interest of the United States.
OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES BY
INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 528. (a) INSTRUCTIONS FOR UNITED STATES EXECUTIVE
DIRECTORS.—The Secretary of the Treasury shall instruct the
United States Executive Director of each international financial
institution designated in subsection (b), and the Administrator of
the Agency for International Development shall instruct the United
States Executive Director of the International Fund for Agriculture
Development, to use the voice and vote of the United States to
oppose any loan or other use of the funds of the respective institu-
tion to or for a country for which the Secretary of State has
made a determination under section 6(j) of the Export Administra-
tion Act of 1979.
(b) DEFINITION.—For purposes of this section, the term ‘‘inter-
national financial institution’’ includes—
(1) the International Bank for Reconstruction and Develop-
ment, the International Development Association, and the
International Monetary Fund; and
(2) wherever applicable, the Inter-American Development
Bank, the Asian Development Bank, the African Development
Bank, the African Development Fund, and the European Bank
for Reconstruction and Development.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
SEC. 529. (a) Notwithstanding any other provision of law, funds
appropriated for bilateral assistance under any heading of this
Act and funds appropriated under any such heading in a provision
of law enacted prior to enactment of this Act, shall not be made
available to any country which the President determines—
(1) grants sanctuary from prosecution to any individual
or group which has committed an act of international terrorism,
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a)
to a country if the President determines that national security
or humanitarian reasons justify such waiver. The President shall
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publish each waiver in the Federal Register and, at least fifteen
days before the waiver takes effect, shall notify the Committees
on Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification procedures
of the Committees on Appropriations.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 530. Notwithstanding any other provision of law, and
subject to the regular notification requirements of the Committees
on Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel and Egypt
and NATO and major non-NATO allies for the procurement by
leasing (including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not including
Major Defense Equipment (other than helicopters and other types
of aircraft having possible civilian application), if the President
determines that there are compelling foreign policy or national
security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
COMPETITIVE INSURANCE
SEC. 531. All Agency for International Development contracts
and solicitations, and subcontracts entered into under such con-
tracts, shall include a clause requiring that United States marine
insurance companies have a fair opportunity to bid for marine
insurance when such insurance is necessary or appropriate.
STINGERS IN THE PERSIAN GULF REGION
SEC. 532. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs Appropria-
tions Act, 1990, the United States may not sell or otherwise make
available any Stingers to any country bordering the Persian Gulf
under the Arms Export Control Act or chapter 2 of part II of
the Foreign Assistance Act of 1961.
PROHIBITION ON LEVERAGING AND DIVERSION OF UNITED STATES
ASSISTANCE
SEC. 533. (a) None of the funds appropriated by this Act may
be provided to any foreign government (including any instrumental-
ity or agency thereof), foreign person, or United States person
in exchange for that foreign government or person undertaking
any action which is, if carried out by the United States Government,
a United States official or employee, expressly prohibited by a
provision of United States law.
(b) For the purposes of this section the term ‘‘funds appropriated
by this Act’’ includes only (1) assistance of any kind under the
Foreign Assistance Act of 1961; and (2) credits, and guaranties
under the Arms Export Control Act.
(c) Nothing in this section shall be construed to limit—
(1) the ability of the President, the Vice President, or
any official or employee of the United States to make state-
ments or otherwise express their views to any party on any
subject;