IIA
104TH CONGRESS
2D SESSION
H. R. 3540
IN THE SENATE OF THE UNITED STATES
JUNE 12, 1996
Received; read twice and referred to the Committee on Appropriations
AN ACT
Making appropriations for foreign operations, export financ-
ing, and related programs for the fiscal year ending
September 30, 1997, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1997, and for other pur-
poses, namely:
TITLE I—EXPORT AND INVESTMENT
ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of
funds and borrowing authority available to such corpora-
tion, and in accordance with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tations, as provided by section 104 of the Government
Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such cor-
poration: Provided, That none of the funds available dur-
ing the current fiscal year may be used to make expendi-
tures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country other than
a nuclear-weapon State as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligi-
ble to receive economic or military assistance under this
Act that has detonated a nuclear explosive after the date
of enactment of this Act.
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SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insur-
ance, and tied-aid grants as authorized by section 10 of
the Export-Import Bank Act of 1945, as amended,
$726,000,000 to remain available until September 30,
1998: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided fur-
ther, That such sums shall remain available until 2012 for
the disbursement of direct loans, loan guarantees, insur-
ance and tied-aid grants obligated in fiscal years 1997 and
1998: Provided further, That up to $50,000,000 of funds
appropriated by this paragraph shall remain available
until expended and may be used for tied-aid grant pur-
poses: Provided further, That none of the funds appro-
priated by this paragraph may be used for tied-aid credits
or grants except through the regular notification proce-
dures of the Committees on Appropriations: Provided fur-
ther, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-
Import Bank Act of 1945, in connection with the purchase
or lease of any product by any East European country,
any Baltic State, or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct
and guaranteed loan and insurance programs (to be com-
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puted on an accrual basis), including hire of passenger
motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $20,000 for official reception and
representation expenses for members of the Board of Di-
rectors, $47,614,000 (reduced by $1,000,000): Provided,
That necessary expenses (including special services per-
formed on a contract or fee basis, but not including other
personal services) in connection with the collection of mon-
eys owed the Export-Import Bank, repossession or sale of
pledged collateral or other assets acquired by the Export-
Import Bank in satisfaction of moneys owed the Export-
Import Bank, or the investigation or appraisal of any
property, or the evaluation of the legal or technical aspects
of any transaction for which an application for a loan,
guarantee or insurance commitment has been made, shall
be considered nonadministrative expenses for the purposes
of this heading: Provided further, That, notwithstanding
subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect
until October 1, 1997.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
as provided by 31 U.S.C. 9104, such expenditures and
commitments within the limits of funds available to it and
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in accordance with law as may be necessary: Provided,
That the amount available for administrative expenses to
carry out the credit and insurance programs (including an
amount for official reception and representation expenses
which shall not exceed $35,000) shall not exceed
$30,000,000: Provided further, That project-specific trans-
action costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated
with services provided to specific investors or potential in-
vestors pursuant to section 234 of the Foreign Assistance
Act of 1961, shall not be considered administrative ex-
penses for the purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans,
$72,000,000, as authorized by section 234 of the Foreign
Assistance Act of 1961: Provided, That such costs, includ-
ing the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for di-
rect loan obligations and loan guaranty commitments in-
curred or made during fiscal years 1997 and 1998: Pro-
vided further, That such sums shall remain available
through fiscal year 2005 for the disbursement of direct
and guaranteed loans obligated in fiscal year 1997, and
through fiscal year 2006 for the disbursement of direct
and guaranteed loans obligated in fiscal year 1998. In ad-
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dition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived
from amounts available for administrative expenses to
carry out the credit and insurance programs in the Over-
seas Private Investment Corporation Noncredit Account
and merged with said account.
FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions
of section 661 of the Foreign Assistance Act of 1961,
$38,000,000, to remain available for obligation until Sep-
tember 30, 1998: Provided, That the Trade and Develop-
ment Agency may receive reimbursements from corpora-
tions and other entities for the costs of grants for feasibil-
ity studies and other project planning services, to be de-
posited as an offsetting collection to this account and to
be available for obligation until September 30, 1998, for
necessary expenses under this paragraph: Provided fur-
ther, That such reimbursements shall not cover, or be allo-
cated against, direct or indirect administrative costs of the
agency.
TITLE II—BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to
carry out the provisions of the Foreign Assistance Act of
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1961, and for other purposes, to remain available until
September 30, 1997, unless otherwise specified herein, as
follows:
AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND DISEASE PROGRAMS FUND
For necessary expenses to carry out the provisions
of part I and chapter 4 of part II of the Foreign Assist-
ance Act of 1961, for child survival, basic education, as-
sistance to combat tropical and other diseases, and related
activities, in addition to funds otherwise available for such
purposes, $600,000,000, to remain available until ex-
pended: Provided, That this amount shall be made avail-
able for such activities as (1) immunization programs, (2)
oral rehydration programs, (3) health and nutrition pro-
grams, and related education programs, which address the
needs of mothers and children, (4) water and sanitation
programs, (5) assistance for displaced and orphaned chil-
dren, (6) programs for the prevention, treatment, and con-
trol of, and research on, tuberculosis, HIV/AIDS, polio,
malaria and other diseases, (7) not to exceed $98,000,000
for basic education programs for children, and (8) a con-
tribution on a grant basis to the United Nations Chil-
dren’s Fund (UNICEF) pursuant to section 301 of the
Foreign Assistance Act of 1961.
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DEVELOPMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions
of sections 103 through 106 and chapter 10 of part I of
the Foreign Assistance Act of 1961, $1,150,000,000, to
remain available until September 30, 1998: Provided,
That none of the funds made available in this Act nor
any unobligated balances from prior appropriations may
be made available to any organization or program which,
as determined by the President of the United States, sup-
ports or participates in the management of a program of
coercive abortion or involuntary sterilization: Provided fur-
ther, That none of the funds made available under this
heading may be used to pay for the performance of abor-
tion as a method of family planning or to motivate or co-
erce any person to practice abortions; and that in order
to reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services: Provided further, That in
awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant
shall be discriminated against because of such applicant’s
religious or conscientious commitment to offer only natu-
ral family planning; and, additionally, all such applicants
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shall comply with the requirements of the previous proviso:
Provided further, That for purposes of this or any other
Act authorizing or appropriating funds for foreign oper-
ations, export financing, and related programs, the term
‘‘motivate’’, as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent
with local law, of information or counseling about all preg-
nancy options: Provided further, That nothing in this para-
graph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That
the total amount of funds appropriated under this heading
and under the heading ‘‘Child Survival and Disease Pro-
grams Fund’’ should be made available for each of the
sub-Saharan Africa and Latin America and Caribbean re-
gions in at least the same proportion as the total amount
identified in the fiscal year 1997 draft congressional pres-
entation document for development assistance for each
such region is to the total amount requested for develop-
ment assistance for such fiscal year.
PRIVATE AND VOLUNTARY ORGANIZATIONS
None of the funds appropriated or otherwise made
available by this Act for development assistance may be
made available to any United States private and voluntary
organization, except any cooperative development organi-
zation, which obtains less than 20 per centum of its total
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annual funding for international activities from sources
other than the United States Government: Provided, That
the requirements of the provisions of section 123(g) of the
Foreign Assistance Act of 1961 and the provisions on pri-
vate and voluntary organizations in title II of the ‘‘Foreign
Assistance and Related Programs Appropriations Act,
1985’’ (as enacted in Public Law 98–473) shall be super-
seded by the provisions of this section, except that the au-
thority contained in the last sentence of section 123(g)
may be exercised by the Administrator with regard to the
requirements of this paragraph.
Funds appropriated or otherwise made available
under title II of this Act should be made available to pri-
vate and voluntary organizations at a level which is equiv-
alent to the level provided in fiscal year 1995. Such private
and voluntary organizations shall include those which op-
erate on a not-for-profit basis, receive contributions from
private sources, receive voluntary support from the public
and are deemed to be among the most cost-effective and
successful providers of development assistance.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster re-
lief, rehabilitation, and reconstruction assistance pursuant
to section 491 of the Foreign Assistance Act of 1961, as
amended, $190,000,000, to remain available until ex-
pended.
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DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Con-
gressional Budget Act of 1974, of modifying direct loans
and loan guarantees, as the President may determine, for
which funds have been appropriated or otherwise made
available for programs within the International Affairs
Budget Function 150, including the cost of selling, reduc-
ing, or canceling amounts, through debt buybacks and
swaps, owed to the United States as a result of
concessional loans made to eligible Latin American and
Caribbean countries, pursuant to part IV of the Foreign
Assistance Act of 1961, $10,000,000, to remain available
until expended: Provided, That none of the funds appro-
priated under this heading shall be obligated or expended
except as provided through the regular notification proce-
dures of the Committees on Appropriations.
MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM
ACCOUNT
For the cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign
Assistance Act of 1961, as amended: Provided, That such
costs shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That guaran-
tees of loans made under this heading in support of micro-
enterprise activities may guarantee up to 70 percent of
the principal amount of any such loans notwithstanding
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section 108 of the Foreign Assistance Act of 1961. In ad-
dition, for administrative expenses to carry out programs
under this heading, $500,000, all of which may be trans-
ferred to and merged with the appropriation for Operating
Expenses of the Agency for International Development:
Provided further, That funds made available under this
heading shall remain available until September 30, 1998.
HOUSING GUARANTY PROGRAM ACCOUNT
For the cost, as defined in section 502 of the Con-
gressional Budget Act of 1974, of guaranteed loans au-
thorized by sections 221 and 222 of the Foreign Assist-
ance Act of 1961, $500,000, to remain available until Sep-
tember 30, 1998: Provided, That these funds are available
to subsidize loan principal, 100 percent of which shall be
guaranteed, pursuant to the authority of such sections. In
addition, for administrative expenses to carry out guaran-
teed loan programs, $6,000,000, all of which may be
transferred to and merged with the appropriation for Op-
erating Expenses of the Agency for International Develop-
ment: Provided further, That commitments to guarantee
loans under this heading may be entered into notwith-
standing the second and third sentences of section 222(a)
and, with regard to programs for the benefit of South Af-
ricans disadvantaged by apartheid, section 223(j) of the
Foreign Assistance Act of 1961: Provided further, That
funds appropriated under this heading for the cost of
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guaranteed loans may be made available for obligation
only for activities in South Africa.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY FUND
For payment to the ‘‘Foreign Service Retirement and
Disability Fund’’, as authorized by the Foreign Service
Act of 1980, $43,826,000.
OPERATING EXPENSES OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions
of section 667, $465,750,000: Provided, That of this
amount not more than $1,475,000 may be made available
to pay for printing costs: Provided further, That none of
the funds appropriated by this Act for programs adminis-
tered by the Agency for International Development (AID)
may be used to finance printing costs of any report or
study (except feasibility, design, or evaluation reports or
studies) in excess of $25,000 without the approval of the
Administrator of the Agency or the Administrator’s des-
ignee.
OPERATING
EXPENSES
OF
THE
AGENCY
FOR
INTER-
NATIONAL
DEVELOPMENT
OFFICE
OF
INSPECTOR
GENERAL
For necessary expenses to carry out the provisions
of section 667, $30,000,000, to remain available until Sep-
tember 30, 1998, which sum shall be available for the Of-
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fice of the Inspector General of the Agency for Inter-
national Development.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions
of chapter 4 of part II, $2,336,000,000, to remain avail-
able until September 30, 1998: Provided, That any funds
appropriated under this heading that are made available
for Israel shall be available on a grant basis as a cash
transfer and shall be disbursed within thirty days of enact-
ment of this Act or by October 31, 1996, whichever is
later: Provided further, That none of the funds appro-
priated under this heading shall be made available for
Zaire.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions
of chapter 4 of part II of the Foreign Assistance Act of
1961, $19,600,000, which shall be available for the United
States contribution to the International Fund for Ireland
and shall be made available in accordance with the provi-
sions of the Anglo-Irish Agreement Support Act of 1986
(Public Law 99–415): Provided, That such amount shall
be expended at the minimum rate necessary to make time-
ly payment for projects and activities: Provided further,
That funds made available under this heading shall re-
main available until September 30, 1998.
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ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES
(a) For necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 and the Support
for East European Democracy (SEED) Act of 1989,
$475,000,000, to remain available until September 30,
1998, which shall be available, notwithstanding any other
provision of law, for economic assistance and for related
programs for Eastern Europe and the Baltic States.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available
for an Enterprise Fund may be deposited by such Fund
in interest-bearing accounts prior to the Fund’s disburse-
ment of such funds for program purposes. The Fund may
retain for such program purposes any interest earned on
such deposits without returning such interest to the Treas-
ury of the United States and without further appropria-
tion by the Congress. Funds made available for Enterprise
Funds shall be expended at the minimum rate necessary
to make timely payment for projects and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available
the administrative authorities contained in that Act for
the use of economic assistance.
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(d) None of the funds appropriated under this head-
ing may be made available for new housing construction
or repair or reconstruction of existing housing in Bosnia
and Herzegovina unless directly related to the efforts of
United States troops to promote peace in said country.
(e) With regard to funds appropriated or otherwise
made available under this heading for the economic revi-
talization program in Bosnia and Herzegovina, and local
currencies generated by such funds (including the conver-
sion of funds appropriated under this heading into cur-
rency used by Bosnia and Herzegovina as local currency
and local currency returned or repaid under such pro-
gram)—
(1) the Administrator of the Agency for Inter-
national Development shall provide written approval
for grants and loans prior to the obligation and ex-
penditure of funds for such purposes, and prior to
the use of funds that have been returned or repaid
to any lending facility or grantee; and
(2) the provisions of section 531 of this Act
shall apply.
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF
THE FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions
of chapter 11 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for
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the new independent states of the former Soviet Union
and for related programs, $590,000,000, to remain avail-
able until September 30, 1998: Provided, That the provi-
sions of section 498B(j) of the Foreign Assistance Act of
1961 shall apply to funds appropriated by this paragraph.
(b) None of the funds appropriated under this head-
ing shall be transferred to the Government of Russia—
(1) unless that Government is making progress
in implementing comprehensive economic reforms
based on market principles, private ownership, nego-
tiating repayment of commercial debt, respect for
commercial contracts, and equitable treatment of
foreign private investment; and
(2) if that Government applies or transfers
United States assistance to any entity for the pur-
pose of expropriating or seizing ownership or control
of assets, investments, or ventures.
(c) Funds may be furnished without regard to sub-
section (b) if the President determines that to do so is
in the national interest.
(d) None of the funds appropriated under this head-
ing shall be made available to any government of the new
independent states of the former Soviet Union if that gov-
ernment directs any action in violation of the territorial
integrity or national sovereignty of any other new inde-
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pendent state, such as those violations included in the Hel-
sinki Final Act: Provided, That such funds may be made
available without regard to the restriction in this sub-
section if the President determines and reports to the
Committees on Appropriations that to do so is in the na-
tional security interest of the United States: Provided fur-
ther, That the restriction of this subsection shall not apply
to the use of such funds for the provision of assistance
for purposes of humanitarian, disaster and refugee relief.
(e) None of the funds appropriated under this head-
ing for the new independent states of the former Soviet
Union shall be made available for any state to enhance
its military capability: Provided, That this restriction does
not apply to demilitarization or nonproliferation programs.
(f) Funds appropriated under this heading shall be
subject to the regular notification procedures of the Com-
mittees on Appropriations.
(g) Funds made available in this Act for assistance
to the new independent states of the former Soviet Union
shall be subject to the provisions of section 117 (relating
to environment and natural resources) of the Foreign As-
sistance Act of 1961.
(h) Funds appropriated under this heading may be
made available for assistance for Mongolia.
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(i) Funds made available in this Act for assistance
to the new independent states of the former Soviet Union
shall be provided to the maximum extent feasible through
the private sector, including small- and medium-size busi-
nesses, entrepreneurs, and others with indigenous private
enterprises in the region, intermediary development orga-
nizations committed to private enterprise, and private vol-
untary organizations: Provided, That grantees and con-
tractors should, to the maximum extent possible, place in
key staff positions specialists with prior on the ground ex-
pertise in the region of activity and fluency in one of the
local languages.
(j) In issuing new task orders, entering into con-
tracts, or making grants, with funds appropriated under
this heading or in prior appropriations Acts, for projects
or activities that have as one of their primary purposes
the fostering of private sector development, the Coordina-
tor for United States Assistance to the New Independent
States and the implementing agency shall encourage the
participation of and give significant weight to contractors
and grantees who propose investing a significant amount
of their own resources (including volunteer services and
in-kind contributions) in such projects and activities.
(k)(1) None of the funds appropriated under this
heading may be made available for Russia unless the
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President determines and certifies in writing to the Com-
mittees on Appropriations that the Government of Russia
has terminated implementation of arrangements to pro-
vide Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor or relat-
ed nuclear research facilities or programs.
(2) Subparagraph (1) shall not apply if the President
determines and reports to the Committees on Appropria-
tions that making such funds available is important to the
national security interest of the United States. Any such
determination shall cease to be effective six months after
being made unless the President determines that its con-
tinuation is important to the national security interest of
the United States.
(l) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available
for an Enterprise Fund may be deposited by such Fund
in interest-bearing accounts prior to the disbursement of
such funds by the Fund for program purposes. The Fund
may retain for such program purposes any interest earned
on such deposits without returning such interest to the
Treasury of the United States and without further appro-
priation by the Congress. Funds made available for Enter-
prise Funds shall be expended at the minimum rate nec-
essary to make timely payment for projects and activities.
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than $7 to Azerbaijan for every dollar to Nagorno-
Karabagh.
INDEPENDENT AGENCIES
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out the provisions
of title V of the International Security and Development
Cooperation Act of 1980, Public Law 96–533, and to
make such contracts and commitments without regard to
fiscal year limitations, as provided by 31 U.S.C. 9104,
$11,500,000: Provided, That when, with the permission
of the President of the Foundation, funds made available
to a grantee are invested pending disbursement, the re-
sulting interest is not required to be deposited in the Unit-
ed States Treasury if the grantee uses the resulting inter-
est for the purpose for which the grant was made: Pro-
vided further, That this provision applies with respect to
both interest earned before and interest earned after the
enactment of this provision: Provided further, That not-
withstanding section 505(a)(2) of the African Develop-
ment Foundation Act, in exceptional circumstances the
board of directors of the Foundation may waive the
$250,000 limitation contained in that section with respect
to a project: Provided further, That the Foundation shall
provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
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INTER-AMERICAN FOUNDATION
For expenses necessary to carry out the functions of
the Inter-American Foundation in accordance with the
provisions of section 401 of the Foreign Assistance Act
of 1969, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
31 U.S.C. 9104, $20,000,000.
PEACE CORPS
For expenses necessary to carry out the provisions
of the Peace Corps Act (75 Stat. 612), $212,000,000, in-
cluding the purchase of not to exceed five passenger motor
vehicles for administrative purposes for use outside of the
United States: Provided, That none of the funds appro-
priated under this heading shall be used to pay for abor-
tions: Provided further, That funds appropriated under
this heading shall remain available until September 30,
1998.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL
For necessary expenses to carry out section 481 of
the Foreign Assistance Act of 1961, $150,000,000: Pro-
vided, That during fiscal year 1997, the Department of
State may also use the authority of section 608 of the
Act, without regard to its restrictions, to receive non-lethal
excess property from an agency of the United States Gov-
ernment for the purpose of providing it to a foreign coun-
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try under chapter 8 of part I of that Act subject to the
regular notification procedures of the Committees on Ap-
propriations.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary
to enable the Secretary of State to provide, as authorized
by law, a contribution to the International Committee of
the Red Cross, assistance to refugees, including contribu-
tions to the International Organization for Migration and
the United Nations High Commissioner for Refugees, and
other activities to meet refugee and migration needs; sala-
ries and expenses of personnel and dependents as author-
ized by the Foreign Service Act of 1980; allowances as
authorized by sections 5921 through 5925 of title 5, Unit-
ed States Code; purchase and hire of passenger motor ve-
hicles; and services as authorized by section 3109 of title
5, United States Code, $650,000,000: Provided, That not
more than $12,000,000 shall be available for administra-
tive expenses: Provided further, That obligations of funds
to the United Nations High Commissioner for Refugees
for support of refugees from Rwanda shall be subject to
the regular notification procedures of the Committees on
Appropriations.
REFUGEE RESETTLEMENT ASSISTANCE
For necessary expenses for the targeted assistance
program authorized by title IV of the Immigration and
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Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980 and administered by the Office of
Refugee Resettlement of the Department of Health and
Human Services, in addition to amounts otherwise avail-
able for such purposes, $5,000,000.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION
ASSISTANCE FUND
For necessary expenses to carry out the provisions
of section 2(c) of the Migration and Refugee Assistance
Act 
of 
1962, 
as 
amended 
(22 
U.S.C. 
260(c)),
$50,000,000, to remain available until expended: Pro-
vided, That the funds made available under this heading
are appropriated notwithstanding the provisions contained
in section 2(c)(2) of the Act which would limit the amount
of funds which could be appropriated for this purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-ter-
rorism and related programs and activities, $135,000,000,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assist-
ance, section 504 of the FREEDOM Support Act for the
Nonproliferation and Disarmanent Fund, section 23 of the
Arms Export Control Act for demining activities, notwith-
standing any other provision of law, including activities
implemented through nongovernmental and international
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organizations, section 301 of the Foreign Assistance Act
of 1961 for a voluntary contribution to the International
Atomic Energy Agency (IAEA) and a voluntary contribu-
tion to the Korean Peninsula Energy Development Orga-
nization (KEDO), and for the acquisition and provision
of goods and services, or for grants to Israel necessary
to support the eradication of terrorism in and around Is-
rael: Provided, That of this amount not to exceed
$15,000,000, to remain available until expended, may be
made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to pro-
mote bilateral and multilateral activities relating to non-
proliferation and disarmament: Provided further, That
such funds may also be used for such countries other than
the new independent states of the former Soviet Union
and international organizations when it is in the national
security interest of the United States to do so: Provided
further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropria-
tions: Provided further, That funds appropriated under
this heading may be made available for the International
Atomic Energy Agency only if the Secretary of State de-
termines (and so reports to the Congress) that Israel is
not being denied its right to participate in the activities
of that Agency: Provided further, That not to exceed
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$13,000,000 may be made available to the Korean Penin-
sula Energy Development Organization (KEDO) only for
administrative expenses and heavy fuel oil costs associated
with the Agreed Framework: Provided further, That such
funds shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
TITLE III—MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions
of section 541 of the Foreign Assistance Act of 1961,
$45,000,000 (reduced by $1,525,000): Provided, That
none of the funds appropriated under this heading shall
be available for Zaire and Guatemala: Provided further,
That funds appropriated under this heading for grant fi-
nanced military education and training for Indonesia may
only be available for expanded international military edu-
cation and training.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the
President to carry out the provisions of section 23 of the
Arms Export Control Act, $3,222,250,000: Provided, That
funds appropriated by this paragraph that are made avail-
able for Israel and Egypt shall be made available only as
grants: Provided further, That the funds appropriated by
this paragraph that are made available for Israel shall be
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disbursed within thirty days of enactment of this Act or
by October 31, 1996, whichever is later: Provided further,
That to the extent that the Government of Israel requests
that funds be used for such purposes, grants made avail-
able for Israel by this paragraph shall, as agreed by Israel
and the United States, be available for advanced weapons
systems, of which not less than $475,000,000 shall be
available for the procurement in Israel of defense articles
and defense services, including research and development:
Provided further, That funds made available under this
paragraph shall be nonrepayable notwithstanding any re-
quirement in section 23 of the Arms Export Control Act:
Provided further, That none of the funds made available
under this heading shall be available for any non-NATO
country participating in the Partnership for Peace Pro-
gram except through the regular notification procedures
of the Committees on Appropriations.
For the cost, as defined in section 502 of the Con-
gressional Budget Act of 1974, of direct loans authorized
by section 23 of the Arms Export Control Act as follows:
cost of direct loans, $35,000,000: Provided, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans of not to exceed
$323,815,000: Provided further, That the rate of interest
charged on such loans shall be not less than the current
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average market yield on outstanding marketable obliga-
tions of the United States of comparable maturities: Pro-
vided further, That funds appropriated under this heading
shall be made available for Greece and Turkey only on
a loan basis, and the principal amount of direct loans for
each country shall not exceed the following: $103,471,000
only for Greece and $147,816,000 only for Turkey.
None of the funds made available under this heading
shall be available to finance the procurement of defense
articles, defense services, or design and construction serv-
ices that are not sold by the United States Government
under the Arms Export Control Act unless the foreign
country proposing to make such procurements has first
signed an agreement with the United States Government
specifying the conditions under which such procurements
may be financed with such funds: Provided, That all coun-
try and funding level increases in allocations shall be sub-
mitted through the regular notification procedures of sec-
tion 515 of this Act: Provided further, That funds made
available under this heading shall be obligated upon appor-
tionment in accordance with paragraph (5)(C) of title 31,
United States Code, section 1501(a): Provided further,
That none of the funds appropriated under this heading
shall be available for Zaire, Sudan, Liberia, and Guate-
mala: Provided further, That only those countries for
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which assistance was justified for the ‘‘Foreign Military
Sales Financing Program’’ in the fiscal year 1989 con-
gressional presentation for security assistance programs
may utilize funds made available under this heading for
procurement of defense articles, defense services or design
and construction services that are not sold by the United
States Government under the Arms Export Control Act:
Provided further, That, subject to the regular notification
procedures of the Committees on Appropriations, funds
made available under this heading for the cost of direct
loans may also be used to supplement the funds available
under this heading for grants, and funds made available
under this heading for grants may also be used to supple-
ment the funds available under this heading for the cost
of direct loans: Provided further, That funds appropriated
under this heading shall be expended at the minimum rate
necessary to make timely payment for defense articles and
services: 
Provided 
further, 
That 
not 
more 
than
$23,250,000 of the funds appropriated under this heading
may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only
for use outside of the United States, for the general costs
of administering military assistance and sales: Provided
further, That not more than $355,000,000 of funds real-
ized pursuant to section 21(e)(1)(A) of the Arms Export
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Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 1997 pursuant
to section 43(b) of the Arms Export Control Act, except
that this limitation may be exceeded only through the reg-
ular notification procedures of the Committees on Appro-
priations.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions
of section 551 of the Foreign Assistance Act of 1961,
$65,000,000: Provided, That none of the funds appro-
priated under this paragraph shall be obligated or ex-
pended except as provided through the regular notification
procedures of the Committees on Appropriations.
TITLE IV—MULTILATERAL ECONOMIC
ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
CONTRIBUTION TO THE INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the International Bank for Recon-
struction and Development by the Secretary of the Treas-
ury, for the United States contribution to the Global Envi-
ronment Facility (GEF), $30,000,000, to remain available
until September 30, 1998.
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CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION
For payment to the International Development Asso-
ciation by the Secretary of the Treasury, $525,000,000,
for the United States contribution to the tenth replenish-
ment, to remain available until expended: Provided, That
none of the funds made available for the International De-
velopment Association may be obligated until the Sec-
retary of the Treasury submits a report to the Committees
on Appropriations detailing the efforts made by United
States officials, during discussions leading to an agree-
ment to undertake the eleventh replenishment of the Asso-
ciation, to oppose the formation of an Interim Trust Fund,
and fully describing the adverse impacts to the United
States resulting from the Interim Trust Fund and other
potential alternative funding structures for the Association
during 1996 and 1997.
CONTRIBUTION TO THE INTERNATIONAL FINANCE
CORPORATION
For payment to the International Finance Corpora-
tion by the Secretary of the Treasury, $6,656,000, for the
United States share of the increase in subscriptions to
capital stock, to remain available until expended.
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CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT
BANK
For payment to the Inter-American Development
Bank by the Secretary of the Treasury, for the United
States share of the paid-in share portion of the increase
in capital stock, $25,610,667, and for the United States
share of the increase in the resources of the Fund for Spe-
cial Operations, $10,000,000, to remain available until ex-
pended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Inter-American
Development Bank may subscribe without fiscal year limi-
tation to the callable capital portion of the United States
share of such capital stock in an amount not to exceed
$1,503,718,910.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Mul-
tilateral Investment Fund by the Secretary of the Treas-
ury, for the United States contribution to the Fund to
be administered by the Inter-American Development
Bank, $27,500,000 to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK
For payment to the Asian Development Bank by the
Secretary of the Treasury for the United States share of
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the paid-in portion of the increase in capital stock,
$13,221,596, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Asian Develop-
ment Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share
of such capital stock in an amount not to exceed
$647,858,204.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary
of the Treasury to the increases in resources of the Asian
Development Fund, as authorized by the Asian Develop-
ment Bank Act, as amended (Public Law 89–369),
$100,000,000, to remain available until expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruc-
tion and Development by the Secretary of the Treasury,
$11,916,447, for the United States share of the paid-in
share portion of the initial capital subscription, to remain
available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank
for Reconstruction and Development may subscribe with-
out fiscal year limitation to the callable capital portion of
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the United States share of such capital stock in an amount
not to exceed $27,805,043.
NORTH AMERICAN DEVELOPMENT BANK
For payment to the North American Development
Bank by the Secretary of the Treasury, for the United
States share of the paid-in portion of the capital stock,
$50,625,000, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the North American
Development Bank may subscribe without fiscal year limi-
tation to the callable capital portion of the United States
share of the capital stock of the North American Develop-
ment Bank in an amount not to exceed $318,750,000.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions
of section 301 of the Foreign Assistance Act of 1961, and
of section 2 of the United Nations Environment Program
Participation Act of 1973, $136,000,000: Provided, That
none of the funds appropriated under this heading shall
be made available for the United Nations Fund for
Science and Technology: Provided further, That none of
the funds appropriated under this heading that are made
available to the United Nations Population Fund
(UNFPA) shall be made available for activities in the Peo-
ple’s Republic of China: Provided further, That not more
than $25,000,000 of the funds appropriated under this
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heading may be made available to the UNFPA: Provided
further, That none of the funds appropriated under this
heading shall be made available to the UNFPA unless the
Secretary of State determines and reports to the Congress
that UNFPA programs in the People’s Republic of China
have ended and the United States has received assurances
that the UNFPA will not resume such programs during
fiscal year 1997: Provided further, That none of the funds
appropriated under this heading may be made available
to the Korean Peninsula Energy Development Organiza-
tion (KEDO).
TITLE V—GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled
‘‘International Disaster Assistance’’, and ‘‘United States
Emergency Refugee and Migration Assistance Fund’’, not
more than 15 per centum of any appropriation item made
available by this Act shall be obligated during the last
month of availability.
PROHIBITION OF BILATERAL FUNDING FOR
INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 502. None of the funds contained in title II of
this Act may be used to carry out the provisions of section
209(d) of the Foreign Assistance Act of 1961.
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LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $126,500 shall
be for official residence expenses of the Agency for Inter-
national Development during the current fiscal year: Pro-
vided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $5,000 shall be
for entertainment expenses of the Agency for International
Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for the Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars:
Provided further, That of the funds made available by this
Act for general costs of administering military assistance
and sales under the heading ‘‘Foreign Military Financing
Program’’, not to exceed $2,000 shall be available for en-
tertainment expenses and not to exceed $50,000 shall be
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available for representation allowances: Provided further,
That of the funds made available by this Act under the
heading ‘‘International Military Education and Training’’,
not to exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation,
not to exceed $2,000 shall be available for entertainment
and representation allowances: Provided further, That of
the funds made available by this Act for the Peace Corps,
not to exceed a total of $4,000 shall be available for enter-
tainment expenses: Provided further, That of the funds
made available by this Act under the heading ‘‘Trade and
Development Agency’’, not to exceed $2,000 shall be avail-
able for representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made
available (other than funds for ‘‘Nonproliferation, Anti-
terrorism, Demining and Related Programs’’) pursuant to
this Act, for carrying out the Foreign Assistance Act of
1961, may be used, except for purposes of nuclear safety,
to finance the export of nuclear equipment, fuel, or tech-
nology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
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or expended to finance directly any assistance or repara-
tions to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or
Syria: Provided, That for purposes of this section, the pro-
hibition on obligations or expenditures shall include direct
loans, credits, insurance and guarantees of the Export-Im-
port Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance to any coun-
try whose duly elected Head of Government is deposed by
military coup or decree: Provided, That assistance may be
resumed to such country if the President determines and
reports to the Committees on Appropriations that subse-
quent to the termination of assistance a democratically
elected government has taken office.
TRANSFERS BETWEEN ACCOUNTS
SEC. 509. None of the funds made available by this
Act may be obligated under an appropriation account to
which they were not appropriated, except for transfers
specifically provided for in this Act, unless the President,
prior to the exercise of any authority contained in the For-
eign Assistance Act of 1961 to transfer funds, consults
with and provides a written policy justification to the
Committees on Appropriations of the House of Represent-
atives and the Senate.
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DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. (a) Amounts certified pursuant to section
1311 of the Supplemental Appropriations Act, 1955, as
having been obligated against appropriations heretofore
made under the authority of the Foreign Assistance Act
of 1961 for the same general purpose as any of the head-
ings under title II of this Act are, if deobligated, hereby
continued available for the same period as the respective
appropriations under such headings or until September
30, 1997, whichever is later, and for the same general pur-
pose, and for countries within the same region as origi-
nally obligated: Provided, That the Appropriations Com-
mittees of both Houses of the Congress are notified fifteen
days in advance of the reobligation of such funds in ac-
cordance with regular notification procedures of the Com-
mittees on Appropriations.
(b) Obligated balances of funds appropriated to carry
out section 23 of the Arms Export Control Act as of the
end of the fiscal year immediately preceding the current
fiscal year are, if deobligated, hereby continued available
during the current fiscal year for the same purpose under
any authority applicable to such appropriations under this
Act: Provided, That the authority of this subsection may
not be used in fiscal year 1997.
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AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in
this Act shall remain available for obligation after the ex-
piration of the current fiscal year unless expressly so pro-
vided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, and 11 of part I, section
667, and chapter 4 of part II of the Foreign Assistance
Act of 1961, as amended, and funds provided under the
heading ‘‘Assistance for Eastern Europe and the Baltic
States’’, shall remain available until expended if such
funds are initially obligated before the expiration of their
respective periods of availability contained in this Act:
Provided further, That, notwithstanding any other provi-
sion of this Act, any funds made available for the purposes
of chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 which are allocated for
cash disbursements in order to address balance of pay-
ments or economic policy reform objectives, shall remain
available until expended: Provided further, That the report
required by section 653(a) of the Foreign Assistance Act
of 1961 shall designate for each country, to the extent
known at the time of submission of such report, those
funds allocated for cash disbursement for balance of pay-
ment and economic policy reform purposes.
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LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in
this Act shall be used to furnish assistance to any country
which is in default during a period in excess of one cal-
endar year in payment to the United States of principal
or interest on any loan made to such country by the Unit-
ed States pursuant to a program for which funds are ap-
propriated under this Act: Provided, That this section and
section 620(q) of the Foreign Assistance Act of 1961 shall
not apply to funds made available in this Act or during
the current fiscal year for Nicaragua, and for any narcot-
ics-related assistance for Colombia, Bolivia, and Peru au-
thorized by the Foreign Assistance Act of 1961 or the
Arms Export Control Act.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or
made available pursuant to this Act for direct assistance
and none of the funds otherwise made available pursuant
to this Act to the Export-Import Bank and the Overseas
Private Investment Corporation shall be obligated or ex-
pended to finance any loan, any assistance or any other
financial commitments for establishing or expanding pro-
duction of any commodity for export by any country other
than the United States, if the commodity is likely to be
in surplus on world markets at the time the resulting pro-
ductive capacity is expected to become operative and if the
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assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Ex-
port-Import Bank if in the judgment of its Board of Direc-
tors the benefits to industry and employment in the Unit-
ed States are likely to outweigh the injury to United
States producers of the same, similar, or competing com-
modity, and the Chairman of the Board so notifies the
Committees on Appropriations.
(b) None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing
or breeding feasibility study, variety improvement or intro-
duction, consultancy, publication, conference, or training
in connection with the growth or production in a foreign
country of an agricultural commodity for export which
would compete with a similar commodity grown or pro-
duced in the United States: Provided, That this subsection
shall not prohibit—
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact in the export of agricul-
tural commodities of the United States; or
(2) research activities intended primarily to
benefit American producers.
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SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall in-
struct the United States Executive Directors of the Inter-
national Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development
Bank, the International Monetary Fund, the Asian Devel-
opment Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the Euro-
pean Bank for Reconstruction and Development, the Afri-
can Development Bank, and the African Development
Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds
appropriated or made available pursuant to this Act, for
the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the Execu-
tive Branch with the necessary administrative flexibility,
none of the funds made available under this Act for ‘‘Child
Survival and Disease Programs Fund’’, ‘‘Development As-
sistance’’, ‘‘Debt restructuring’’, ‘‘International organiza-
tions and programs’’, ‘‘Trade and Development Agency’’,
‘‘International narcotics control’’, ‘‘Assistance for Eastern
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Europe and the Baltic States’’, ‘‘Assistance for the New
Independent States of the Former Soviet Union’’, ‘‘Eco-
nomic Support Fund’’, ‘‘Peacekeeping operations’’, ‘‘Oper-
ating expenses of the Agency for International Develop-
ment’’, ‘‘Operating expenses of the Agency for Inter-
national Development Office of Inspector General’’, ‘‘Non-
proliferation, anti-terrorism, demining and related pro-
grams’’, ‘‘Foreign Military Financing Program’’, ‘‘Inter-
national military education and training’’, ‘‘Inter-Amer-
ican Foundation’’, ‘‘African Development Foundation’’,
‘‘Peace Corps’’, ‘‘Migration and refugee assistance’’, shall
be available for obligation for activities, programs,
projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justi-
fied to the Appropriations Committees for obligation
under any of these specific headings unless the Appropria-
tions Committees of both Houses of Congress are pre-
viously notified fifteen days in advance: Provided, That the
President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms
Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles,
or combat vehicles, not previously justified to Congress or
20 per centum in excess of the quantities justified to Con-
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gress unless the Committees on Appropriations are noti-
fied fifteen days in advance of such commitment: Provided
further, That this section shall not apply to any re-
programming for an activity, program, or project under
chapter 1 of part I of the Foreign Assistance Act of 1961
of less than 10 per centum of the amount previously justi-
fied to the Congress for obligation for such activity, pro-
gram, or project for the current fiscal year: Provided fur-
ther, That the requirements of this section or any similar
provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular
notification procedures of the Committees on Appropria-
tions, may be waived if failure to do so would pose a sub-
stantial risk to human health or welfare: Provided further,
That in case of any such waiver, notification to the Con-
gress, or the appropriate congressional committees, shall
be provided as early as practicable, but in no event later
than three days after taking the action to which such noti-
fication requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further,
That any notification provided pursuant to such a waiver
shall contain an explanation of the emergency cir-
cumstances.
Drawdowns made pursuant to section 506(a) (2) of
the Foreign Assistance Act of 1961 shall be subject to the
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regular notification procedures of the Committees on Ap-
propriations.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. Notwithstanding any other provision of law
or of this Act, none of the funds provided for ‘‘Inter-
national Organizations and Programs’’ shall be available
for the United States proportionate share, in accordance
with section 307(c) of the Foreign Assistance Act of 1961,
for any programs identified in section 307, or for Libya,
Iran, or, at the discretion of the President, Communist
countries listed in section 620(f) of the Foreign Assistance
Act of 1961, as amended: Provided, That, subject to the
regular notification procedures of the Committees on Ap-
propriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign
operations, export financing, and related programs, which
are returned or not made available for organizations and
programs because of the implementation of this section
or any similar provision of law, shall remain available for
obligation through September 30, 1998.
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL
SEC. 517. The Congress finds that progress on the
peace process in the Middle East is vitally important to
United States security interests in the region. The Con-
gress recognizes that, in fulfilling its obligations under the
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Treaty of Peace Between the Arab Republic of Egypt and
the State of Israel, done at Washington on March 26,
1979, Israel incurred severe economic burdens. Further-
more, the Congress recognizes that an economically and
militarily secure Israel serves the security interests of the
United States, for a secure Israel is an Israel which has
the incentive and confidence to continue pursuing the
peace process. Therefore, the Congress declares that, sub-
ject to the availability of appropriations, it is the policy
and the intention of the United States that the funds pro-
vided in annual appropriations for the Economic Support
Fund which are allocated to Israel shall not be less than
the annual debt repayment (interest and principal) from
Israel to the United States Government in recognition that
such a principle serves United States interests in the re-
gion.
PROHIBITION ON FUNDING FOR ABORTIONS AND
INVOLUNTARY STERILIZATION
SEC. 518. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as
amended, may be used to pay for the performance of abor-
tions as a method of family planning or to motivate or
coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assist-
ance Act of 1961, as amended, may be used to pay for
the performance of involuntary sterilization as a method
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of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of
the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay
for any biomedical research which relates in whole or in
part, to methods of, or the performance of, abortions or
involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if
the President certifies that the use of these funds by any
such country or organization would violate any of the
above provisions related to abortions and involuntary steri-
lizations: Provided, That none of the funds made available
under this Act may be used to lobby for or against abor-
tion.
POPULATION ASSISTANCE FUNDING LIMITATIONS
SEC. 518A. (a) IN GENERAL.—
(1) Notwithstanding any other provision of this
Act, funds appropriated by this Act for population
assistance activities may be made available for a for-
eign private or nongovernmental organization only if
the organization certifies that it will not during the
period for which the funds are made available, per-
form abortions in any foreign country, except where
the life of the mother would be endangered if the
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fetus were carried to term or in cases of forcible
rape or incest.
(2) Paragraph (1) may not be construed to
apply to the treatment of injuries or illnesses caused
by legal or illegal abortions or to assistance provided
directly to the government of a country.
(b) LOBBYING ACTIVITIES.—
(1) None of the funds made available under this
Act may be used to lobby for or against abortion,
and, notwithstanding any other provision of this Act
or other law, none of the funds appropriated by this
Act for population assistance activities may be made
available for any foreign private or nongovernmental
organization until the organization certifies that it
will not during the period for which the funds are
made available, violate the laws of any foreign coun-
try concerning the circumstances under which abor-
tion is permitted, regulated, or prohibited, or engage
in any activity or effort in a foreign country to alter
the laws or governmental policies of any foreign
country concerning the circumstances under which
abortion is permitted, regulated, or prohibited.
(2) Notwithstanding any other provision of this
Act, paragraph (1) shall not apply to activities in
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opposition to coercive abortion or involuntary steri-
lization.
(c) Notwithstanding subsections (a)(1) and (b)(1), a
foreign private or nongovernmental organization may re-
ceive funds appropriated by this Act for population assist-
ance activities in the absence of the certifications required
in said subsections, but funds made available for each such
organization by this Act shall not exceed 50 percent of
the funds made available to the organization during fiscal
year 1995. Funds for population assistance activities may
not be made available for any foreign private or non-
governmental organization that did not receive such funds
during fiscal year 1995 unless the organization meets the
certification requirements of subsections (a)(1) and (b)(1).
(d) Funds made available pursuant to subsection (c)
shall be apportioned on a monthly basis for the first four
months of fiscal year 1997 only, and monthly disburse-
ments during such period to each organization covered by
said subsection may not exceed 8.34 percent of the total
each such organization could receive pursuant to said sub-
section.
(e) Subsections (a), (b) and (c) apply to funds made
available for a foreign organization either directly or as
a subcontractor or sub-grantee, and the required certifi-
cations apply to activities in which the organization en-
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gages either directly or through a subcontractor or sub-
grantee.
(f) Funds appropriated or otherwise made available
in title II of this Act for population planning activities or
other population assistance may be made available for ob-
ligation and expenditure in an amount not to exceed 65
percent of the total amount appropriated or otherwise
made available by Public Law 103–306 and Public Law
104–19 for such activities for fiscal year 1995.
REPORTING REQUIREMENT
SEC. 519. The President shall submit to the Commit-
tees on Appropriations the reports required by section
25(a)(1) of the Arms Export Control Act.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated in this Act
shall be obligated or expended for Colombia, Dominican
Republic, Haiti, Liberia, Pakistan, Peru, Russia, Serbia,
South Africa, Sudan, or Zaire except as provided through
the regular notification procedures of the Committees on
Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the Appropria-
tions Act account level and shall include all Appropriations
and Authorizations Acts earmarks, ceilings, and limita-
tions with the exception that for the following accounts:
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Economic Support Fund and Foreign Military Financing
Program, ‘‘program, project, and activity’’ shall also be
considered to include country, regional, and central pro-
gram level funding within each such account; for the devel-
opment assistance accounts of the Agency for Inter-
national Development ‘‘program, project, and activity’’
shall also be considered to include central program level
funding, either as (1) justified to the Congress, or (2) allo-
cated by the executive branch in accordance with a report,
to be provided to the Committees on Appropriations within
thirty days of enactment of this Act, as required by section
653(a) of the Foreign Assistance Act of 1961.
CHILD SURVIVAL AND AIDS ACTIVITIES
SEC. 522. Up to $8,000,000 of the funds made avail-
able by this Act for assistance for family planning, health,
child survival, and AIDS, may be used to reimburse Unit-
ed States Government agencies, agencies of State govern-
ments, institutions of higher learning, and private and vol-
untary organizations for the full cost of individuals (in-
cluding for the personal services of such individuals) de-
tailed or assigned to, or contracted by, as the case may
be, the Agency for International Development for the pur-
pose of carrying out family planning activities, child sur-
vival activities and activities relating to research on, and
the treatment and control of acquired immune deficiency
syndrome in developing countries: Provided, That funds
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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 pro-
vision 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 other-
wise made available pursuant to this Act shall be obligated
to finance indirectly any assistance or reparations to
Cuba, Iraq, Libya, Iran, Syria, North Korea, or the Peo-
ple’s Republic of China, unless the President of the United
States certifies that the withholding of these funds is con-
trary 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 ‘‘1996’’ and inserting in
lieu thereof ‘‘1997’’.
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 De-
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accounts to reflect the sale, reduction, or cancella-
tion.
(4) LIMITATION.—The authorities of this sub-
section shall be available only to the extent that ap-
propriations for the cost of the modification, as de-
fined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from the
sale, reduction, or cancellation of any loan sold, reduced,
or canceled pursuant to this section shall be deposited in
the United States Government account or accounts estab-
lished for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—A loan may be sold
pursuant to subsection (a)(1)(A) only to a purchaser who
presents plans satisfactory to the President for using the
loan for the purpose of engaging in debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to
any eligible purchaser, or any reduction or cancellation
pursuant to this section, of any loan made to an eligible
country, the President should consult with the country
concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-
for-development swaps, or debt-for-nature swaps.