datamatters24/research-document-archive huggingface dataset:
HR 3540 PP
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
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
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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
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-
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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
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.
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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.
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
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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.
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.
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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
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.
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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.
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
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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.
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.
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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
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-
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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.
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
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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
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-
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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-
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,
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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
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
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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
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
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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
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
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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
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
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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
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).
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(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-
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.