In the Senate of the United States,
July 26, 1996.
Resolved, That the bill from the House of Representa-
tives (H.R. 3540) entitled ‘‘An Act making appropriations for
foreign operations, export financing, and related programs for
the fiscal year ending September 30, 1997, and for other pur-
poses’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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-
HR 3540 EAS
tracts and commitments without regard to fiscal year limi-
tations, as provided by section 104 of the Government Cor-
poration Control Act, as may be necessary in carrying out
the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the cur-
rent fiscal year may be used to make expenditures, con-
tracts, 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 eligible to receive
economic or military assistance under this Act that has det-
onated a nuclear explosive after the date of enactment of
this Act.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Ex-
port-Import Bank Act of 1945, as amended, $730,000,000
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 Budg-
et Act of 1974: Provided further, That such sums shall re-
main available until 2012 for the disbursement of direct
loans, loan guarantees, insurance and tied-aid grants obli-
gated in fiscal years 1997 and 1998: Provided further, That
up to $50,000,000 of funds appropriated by this paragraph
HR 3540 EAS
shall remain available until expended and may be used for
tied-aid grant purposes: Provided further, That none of the
funds appropriated by this paragraph may be used for tied-
aid credits or grants except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are
made available notwithstanding section 2(b)(2) of the Ex-
port-Import Bank Act of 1945, in connection with the pur-
chase or lease of any product by any East European coun-
try, 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-
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 rep-
resentation expenses for members of the Board of Directors,
$40,000,000: Provided, That necessary expenses (including
special services performed on a contract or fee basis, but
not including other personal services) in connection with
the collection of moneys owed the Export-Import Bank, re-
possession or sale of pledged collateral or other assets ac-
quired by the Export-Import Bank in satisfaction of mon-
eys 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 appli-
HR 3540 EAS
cation for a loan, guarantee or insurance commitment has
been made, shall be considered nonadministrative expenses
for the purposes of this heading: Provided further, That,
none of the funds made available by this or any other Act
may be made available to pay the salary and any other
expenses of the incumbent Chairman and President of the
Export-Import Bank unless and until he has been con-
firmed by the United States Senate: Provided further, That,
notwithstanding subsection (b) of section 117 of the Export
Enhancement Act of 1992, subsection (a) thereof shall re-
main 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 com-
mitments within the limits of funds available to it and 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
$32,000,000: 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 investors
HR 3540 EAS
pursuant to section 234 of the Foreign Assistance Act of
1961, shall not be considered administrative expenses 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, to be derived by transfer from the
Overseas Private Investment Corporation Noncredit Ac-
count: Provided, That such costs, including the cost of modi-
fying 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 direct loan obligations and
loan guaranty commitments incurred or made during fiscal
years 1997 and 1998: Provided further, That such sums
shall remain available through fiscal year 2005 for the dis-
bursement of direct and guaranteed loans obligated in fiscal
year 1997, and through fiscal year 2006 for the disburse-
ment of direct and guaranteed loans obligated in fiscal year
1998. In addition, such sums as may be necessary for ad-
ministrative expenses to carry out the credit program may
be derived from amounts available for administrative ex-
penses to carry out the credit and insurance programs in
the Overseas Private Investment Corporation Noncredit Ac-
count and merged with said account.
HR 3540 EAS
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,
$40,000,000: Provided, That the Trade and Development
Agency may receive reimbursements from corporations and
other entities for the costs of grants for feasibility studies
and other project planning services, to be deposited as an
offsetting collection to this account and to be available for
obligation until September 30, 1997, for necessary expenses
under this paragraph: Provided further, That such reim-
bursements shall not cover, or be allocated 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 1961,
and for other purposes, to remain available until September
30, 1997, unless otherwise specified herein, as follows:
AGENCY FOR INTERNATIONAL DEVELOPMENT
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, title V of the International
Security and Development Cooperation Act of 1980 (Public
HR 3540 EAS
Law 96–533) and the provisions of section 401 of the For-
eign Assistance Act of 1969, $1,262,000,000, to remain
available until September 30, 1998: Provided, That of the
amount 
appropriated 
under 
this 
heading, 
up 
to
$18,000,000 may be made available for the Inter-American
Foundation and shall be apportioned directly to that agen-
cy: Provided further, That of the amount appropriated
under this heading, up to $10,500,000 may be made avail-
able for the African Development Foundation and shall be
apportioned directly to that agency: Provided further, That
of the funds appropriated under title II of this Act that
are administered by the Agency for International Develop-
ment and made available for family planning assistance,
not less than 65 percent shall be made available directly
to the agency’s central Office of Population and shall be
programmed by that office for family planning activities:
Provided further, That of the funds appropriated under this
heading and under the heading ‘‘Population, Development
Assistance’’ that are made available by the Agency for
International Development for development assistance ac-
tivities, the amount made available to carry out chapter
10 of part I of the Foreign Assistance Act of 1961 (relating
to the Development Fund for Africa) shall be in at least
the same proportion as the amount identified in the fiscal
year 1997 draft congressional presentation document for de-
HR 3540 EAS
velopment assistance for sub-Saharan Africa is to the total
amount requested for development assistance for such fiscal
year: Provided further, That funds appropriated under this
heading shall be made available, notwithstanding any other
provision of law, to assist Vietnam to refom its trade regime
through, among other things, reform of its commercial and
investment legal codes: Provided further, That up to
$5,000,000 of the funds appropriated under this heading
may be made available for necessary expenses to carry out
the provisions of section 667 of the Foreign Assistance Act
of 1961: Provided further, That none of the funds made
available in this Act nor any unobligated balances from
prior appropriations may be made available to any organi-
zation or program which, as determined by the President
of the United States, supports or participates in the man-
agement of a program of coercive abortion or involuntary
sterilization: Provided further, That none of the funds made
available under this heading or under the heading ‘‘Popu-
lation, Development Assistance’’, may be used to pay for
the performance of abortion as a method of family planning
or to motivate or coerce any person to practice abortions;
and that in order to reduce reliance on abortion in develop-
ing nations, funds shall be available only to voluntary fam-
ily planning projects which offer, either directly or through
referral to, or information about access to, a broad range
HR 3540 EAS
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 ap-
plicant’s religious or conscientious commitment to offer
only natural family planning; and, additionally, all such
applicants shall comply with the requirements of the pre-
vious proviso: Provided further, That for purposes of this
or any other Act authorizing or appropriating funds for
foreign operations, export financing, and related programs,
the term ‘‘motivate’’, as it relates to family planning assist-
ance, shall not be construed to prohibit the provision, con-
sistent with local law, of information or counseling about
all pregnancy options: Provided further, That nothing in
this paragraph shall be construed to alter any existing stat-
utory prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That, not-
withstanding section 109 of the Foreign Assistance Act of
1961, of the funds appropriated under this heading in this
Act, and of the unobligated balances of funds previously ap-
propriated under this heading, $17,500,000 shall be trans-
ferred to ‘‘International Organizations and Programs’’ for
a contribution to the International Fund for Agricultural
Development (IFAD), and that any such transfer of funds
shall be subject to the regular notification procedures of the
HR 3540 EAS
Committees on Appropriations: Provided further, That of
the funds appropriated under this heading that are made
available for assistance programs for displaced and or-
phaned children and victims of war, not to exceed $25,000,
in addition to funds otherwise available for such purposes,
may be used to monitor and provide oversight of such pro-
grams: Provided further, That not less than $650,000 of the
funds made available under this heading shall be available
only for support of the United States Telecommunications
Training Institute: Provided further, That of the amount
appropriated under this heading, not less than $15,000,000
shall be available only for the American Schools and Hos-
pitals Abroad program under section 214 of the Foreign
Assistance Act of 1961.
POPULATION, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of
section 104(b) of the Foreign Assistance Act of 1961,
$410,000,000, to remain available until September 30,
1998.
CYPRUS
Of the funds appropriated under the headings ‘‘Devel-
opment Assistance’’ and ‘‘Economic Support Fund’’, not
less than $15,000,000 shall be made available for Cyprus
to be used only for scholarships, administrative support of
the scholarship program, bicommunal projects, and meas-
ures aimed at reunification of the island and designed to
HR 3540 EAS
reduce tensions and promote peace and cooperation between
the two communities on Cyprus.
BURMA
Of the funds appropriated by this Act to carry out the
provisions of chapter 8 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, not less than
$2,500,000 shall be made available to support activities in
Burma, along the Burma-Thailand border, and for activi-
ties of Burmese student groups and other organizations lo-
cated outside Burma, for the purposes of fostering democ-
racy in Burma, supporting the provision of medical sup-
plies and other humanitarian assistance to Burmese located
in Burma or displaced Burmese along the borders, and for
other purposes: Provided, That of this amount, not less than
$200,000 shall be made available to support newspapers,
publications, and other media activities promoting democ-
racy inside Burma: Provided further, That funds made
available under this heading may be made available not-
withstanding any other provision of law: Provided further,
That provision of such funds shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
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
HR 3540 EAS
organization, except any cooperative development organiza-
tion, which obtains less than 20 per centum of its total an-
nual funding for international activities from sources other
than the United States Government: Provided, That the re-
quirements of the provisions of section 123(g) of the Foreign
Assistance Act of 1961 and the provisions on private and
voluntary organizations in title II of the ‘‘Foreign Assist-
ance and Related Programs Appropriations Act, 1985’’ (as
enacted in Public Law 98–473) shall be superseded by the
provisions of this section, except that the authority con-
tained in the last sentence of section 123(g) may be exer-
cised 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 private
and voluntary organizations at a level which is equivalent
to the level provided in fiscal year 1995. Such private and
voluntary organizations shall include those which operate
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 relief,
rehabilitation, and reconstruction assistance pursuant to
HR 3540 EAS
section 491 of the Foreign Assistance Act of 1961, as amend-
ed, $190,000,000, to remain available until expended.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congres-
sional 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 Func-
tion 150, including the cost of selling, reducing, or canceling
amounts, through debt buybacks and swaps, owed to the
United States as a result of concessional loans made to eli-
gible Latin American and Caribbean countries, pursuant
to part IV of the Foreign Assistance Act of 1961; of modify-
ing direct loans extended to least developed countries, as
authorized under title I of the Agricultural Trade Develop-
ment and Assistance Act of 1954, as amended; and of modi-
fying concessional loans authorized under title I of the Agri-
cultural Trade Development and Assistance Act of 1954, as
amended, as authorized under subsection (a) under the
heading ‘‘Debt Reduction for Jordan’’ in title VI of Public
Law 103–306, $27,000,000, to remain available until ex-
pended: Provided, That none of the funds appropriated
under this heading shall be obligated except through the reg-
ular notification procedures of the Committee on Appro-
priations.
HR 3540 EAS
MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM
ACCOUNT
For the subsidy cost of direct loans and loan guaran-
tees, $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 Congressional
Budget Act of 1974: Provided further, That guarantees of
loans made under this heading in support of microenter-
prise activities may guarantee up to 70 percent of the prin-
cipal amount of any such loans notwithstanding section
108 of the Foreign Assistance Act of 1961. In addition, for
administrative expenses to carry out programs under this
heading, $500,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of
the Agency for International Development: Provided fur-
ther, 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 Congres-
sional Budget Act of 1974, of guaranteed loans authorized
by sections 221 and 222 of the Foreign Assistance Act of
1961, $4,000,000, to remain available until September 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 guaranteed loan pro-
HR 3540 EAS
grams, $6,000,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of
the Agency for International Development: Provided fur-
ther, That commitments to guarantee loans under this head-
ing may be entered into notwithstanding the second and
third sentences of section 222(a) and, with regard to pro-
grams for central and Eastern Europe and programs for
the benefit of South Africans disadvantaged by apartheid,
section 223(j) of the Foreign Assistance Act of 1961.
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, $495,000,000: Provided, That notwithstanding
any other provision of law, none of the funds appropriated
or otherwise made available by this Act may be made avail-
able for expenses necessary to relocate the Agency for Inter-
national Development, or any part of that agency, to the
building at the Federal Triangle in Washington, District
of Columbia.
HR 3540 EAS
OPERATING
EXPENSES
OF
THE
AGENCY
FOR
INTER-
NATIONAL DEVELOPMENT OFFICE OF INSPECTOR GEN-
ERAL
For necessary expenses to carry out the provisions of
section 667, $28,000,000, to remain available until ex-
pended, which sum shall be available for the Office of the
Inspector General of the Agency for International Develop-
ment.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,340,000,000, to remain available
until September 30, 1998: Provided, That of the funds ap-
propriated under this heading, not less than $1,200,000,000
shall be available only for Israel, which sum shall be avail-
able on a grant basis as a cash transfer and shall be dis-
bursed within thirty days of enactment of this Act or by
October 31, 1996, whichever is later: Provided further, That
not less than $815,000,000 shall be available only for
Egypt, which sum shall be provided on a grant basis, and
of which sum cash transfer assistance may be provided,
with the understanding that Egypt will undertake signifi-
cant economic reforms which are additional to those which
were undertaken in previous fiscal years, and of which not
less than $200,000,000 shall be provided as Commodity Im-
HR 3540 EAS
port Program assistance: Provided further, That in exercis-
ing the authority to provide cash transfer assistance for Is-
rael and Egypt, the President shall ensure that the level
of such assistance does not cause an adverse impact on the
total level of non-military exports from the United States
to each such country: Provided further, That it is the sense
of the Congress that the recommended levels of assistance
for Egypt and Israel are based in great measure upon their
continued participation in the Camp David Accords and
upon the Egyptian-Israeli peace treaty: Provided further,
That of the funds appropriated under this heading,
$3,000,000 shall be made available to establish an inde-
pendent radio broadcasting service to Iran: Provided fur-
ther, That none of the funds appropriated under this head-
ing shall be made available for Zaire: Provided further,
That of the funds appropriated under this heading by prior
appropriations Acts, $36,000,000 of unobligated and
unearmarked funds shall be transferred to and consolidated
with funds appropriated by this Act under the heading
‘‘International Organizations and Programs’’.
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,
HR 3540 EAS
used by Bosnia and Herzegovina as local currency and local
currency returned or repaid under such program)—
(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 534 of this Act shall
apply.
(e) With regard to funds appropriated under this head-
ing that are made available for economic revitalization pro-
grams in Bosnia and Hercegovina, 50 percent of such funds
shall not be available for obligation unless the President de-
termines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Hercegovina has com-
plied with article III of annex 1–A of the General Frame-
work Agreement for Peace in Bosnia and Hercegovina con-
cerning the withdrawal of foreign forces, and that intel-
ligence cooperation on training, investigations, and related
activities between Iranian officials and Bosnian officials
has been terminated.
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
HR 3540 EAS
and the FREEDOM Support Act, for assistance for the new
independent states of the former Soviet Union and for relat-
ed programs, $640,000,000, to remain available until Sep-
tember 30, 1998: Provided, That the provisions of such
chapter shall apply to funds appropriated by this para-
graph: Provided further, That of the funds appropriated
under this heading $25,000,000 shall be available for the
legal restructuring necessary to support a decentralized
market-oriented economic system, including enactment of
necessary substantive commercial law, implementation of
reforms necessary to establish an independent judiciary and
bar, legal education for judges, attorneys, and law students,
and education of the public designed to promote under-
standing of a law-based economy.
(b) None of the funds appropriated under this heading
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 for-
eign private investment; and
(2) if that Government applies or transfers Unit-
ed States assistance to any entity for the purpose of
HR 3540 EAS
expropriating or seizing ownership or control of as-
sets, 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 heading
shall be made available to any government of the new inde-
pendent states of the former Soviet Union if that govern-
ment directs any action in violation of the territorial integ-
rity or national sovereignty of any other new independent
state, such as those violations included in the Helsinki
Final Act: Provided, That such funds may be made avail-
able without regard to the restriction in this subsection if
the President determines that to do so is in the national
security interest of the United States: Provided further,
That the restriction of this subsection shall not apply to
the use of such funds for the provision of assistance for pur-
poses of humanitarian, disaster and refugee relief.
(e) None of the funds appropriated under this heading
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.
HR 3540 EAS
(f) Funds appropriated under this heading shall be
subject to the regular notification procedures of the Commit-
tees 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)(1) Of the funds appropriated under title II of this
Act, including funds appropriated under this heading, not
less than $11,000,000 shall be available only for assistance
for Mongolia, of which amount not less than $6,000,000
shall be available only for the Mongolian energy sector.
(2) Funds made available for assistance for Mongolia
shall be made available in accordance with the purposes
and utilizing the authorities provided in chapter 11 of part
I of the Foreign Assistance Act of 1961.
(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 organi-
zations committed to private enterprise, and private vol-
untary organizations: Provided, That grantees and contrac-
HR 3540 EAS
tors should, to the maximum extent possible, place in key
staff positions specialists with prior on the ground expertise
in the region of activity and fluency in one of the local
languages.
(j) In issuing new task orders, entering into contracts,
or making grants, with funds appropriated under this
heading or in prior appropriations Acts, for projects or ac-
tivities that have as one of their primary purposes the fos-
tering of private sector development, the Coordinator for
United States Assistance to the New Independent States
and the implementing agency shall encourage the participa-
tion of and give significant weight to contractors and grant-
ees who propose investing a significant amount of their own
resources (including volunteer services and in-kind con-
tributions) in such projects and activities.
(k) Of the funds made available under this heading,
not less than $225,000,000 shall be made available for
Ukraine, of which funds not less than $25,000,000 shall be
made available to carry out United States decommissioning
obligations regarding the Chornobyl plant made in the
Memorandum of Understanding between the Government of
Ukraine and the G–7 Group: Provided, That not less than
$35,000,000 shall be made available for agricultural
projects, including those undertaken through the Food Sys-
tems Restructuring Program, which leverage private sector
HR 3540 EAS
resources with United States Government assistance: Pro-
vided further, That $5,000,000 shall be available for a small
business 
incubator 
project: 
Provided 
further, 
That
$5,000,000 shall be made available for screening and treat-
ment of childhood mental and physical illnesses related to
Chornobyl radiation: Provided further, That of the amount
appropriated under this heading, $5,000,000 shall be avail-
able only for a land and resource management institute to
identify nuclear contamination at Chornobyl..
(l) Of the funds made available for Ukraine, under this
Act or any other Act, not less than $50,000,000 shall be
made available to improve safety at nuclear reactors: Pro-
vided, That of this amount $20,000,000 shall be provided
for the purchase and installation of, and training for, safety
parameter display or control systems at all operational nu-
clear reactors: Provided further, That of this amount,
$20,000,000 shall be made available for the purchase, con-
struction, installation and training for Full Scope and An-
alytical/Engineering simulators: Provided further, That of
this amount such funds as may be necessary shall be made
available to conduct Safety Analysis Reports at all oper-
ational nuclear reactors.
(m) Of the funds made available by this Act, not less
than $95,000,000 shall be made available for Armenia.
HR 3540 EAS
(n) Of the funds made available by this or any other
Act, $25,000,000 shall be made available for Georgia.
(o) None of the funds appropriated under this heading
may be made available for Russia unless the President de-
termines and certifies in writing to the Committees on Ap-
propriations that the Government of Russia has terminated
implementation of arrangements to provide Iran with tech-
nical expertise, training, technology, or equipment nec-
essary to develop a nuclear reactor or related nuclear re-
search facilities or programs.
(p) Of the funds appropriated under this heading,
$15,000,000 shall be provided for hospital partnership pro-
grams, medical assistance to directly reduce the incidence
of infectious diseases such as diphtheria or tuberculosis, and
a program to reduce the adverse impact of contaminated
drinking water.
(q) Of the funds appropriated under this heading and
under the heading ‘‘Assistance for Eastern Europe and the
Baltic States’’, not less than $12,000,000 shall be made
available for law enforcement training and exchanges, and
investigative and technical assistance activities related to
international criminal activities: Provided, That of this
amount, not less than $1,000,000 shall be made available
for training and exchanges in Russia to combat violence
against women.
HR 3540 EAS
(r) Of the funds appropriated under this heading, not
less than $50,000,000 should be provided to the Western NIS
and Central Asian Enterprise Funds: Provided, That obli-
gation of these funds shall be consistent with sound business
practices.
(s) Of the funds made available under this heading,
not less than $10,000,000 shall be made available for a
United States contribution to the Trans-Caucasus Enter-
prise Fund.
(t) 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 proposes 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.
(u) Funds appropriated under this heading may not
be made available for the Government of Ukraine if the
President determines and reports to the Committees on Ap-
propriations that the Government of Ukraine is engaged in
military cooperation with the Government of Libya.
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(v) Of the funds appropriated under this heading, not
less than $15,000,000 shall be available only for a family
planning program for the New Independent States of the
former Soviet Union comparable to the family planning
program currently administered by the Agency for Inter-
national Development in the Central Asian Republics and
focusing on population assistance which provides an alter-
native to abortion.
(w) Funds made available under this Act or any other
Act (other than assistance under title V of the FREEDOM
Support Act) may not be provided to the Government of
Azerbaijan until the President determines, and so reports
to the Congress, that the Government of Azerbaijan is taking
demonstrable steps to cease all blockades and other offensive
uses of force against Armenia and Nagorno-Karabakh.
(x) Of the funds appropriated under this heading, not
less than $2,500,000 shall be made available for the Amer-
ican-Russian Center.
INDEPENDENT AGENCY
PEACE CORPS
For expenses necessary to carry out the provisions of
the Peace Corps Act (75 Stat. 612), $205,000,000, including
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 appropriated
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under this heading shall be used to pay for abortions: Pro-
vided 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 the provisions of
section 481 of the Foreign Assistance Act of 1961,
$213,000,000: Provided, That during fiscal year 1997, the
Department of State may also use the authority of section
608 of the Foreign Assistance Act of 1961, without regard
to its restrictions, to receive non-lethal excess property from
an agency of the United States Government for the purpose
of providing it to a foreign country under chapter 8 of part
I of that Act subject to the regular notification procedures
of the Committees on Appropriations: Provided, That, of
the funds appropriated under this heading, $2,000,000 shall
be available only for demining operations in Afghanistan.
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 contributions
to the International Organization for Migration and the
United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the
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Foreign Service Act of 1980; allowances as authorized by
sections 5921 through 5925 of title 5, United States Code;
purchase and hire of passenger motor vehicles; 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 administrative expenses: Provided fur-
ther, That not less than $80,000,000 shall be made available
for refugees from the former Soviet Union and Eastern Eu-
rope and other refugees resettling in Israel.
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: Provided, That the funds
made available under this heading are appropriated not-
withstanding the provisions contained in section 2(c)(2) of
the Migration and Refugee Assistance Act of 1962 which
would limit the amount of funds which could be appro-
priated for this purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
RELATED PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for nonproliferation, anti-ter-
rorism and related programs and activities, $140,000,000
to carry out the provisions of chapter 8 of part II of the
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Foreign Assistance Act of 1961 for anti-terrorism assist-
ance, section 504 of the FREEDOM Support Act for the
Nonproliferation and Disarmament 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
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 Organi-
zation (KEDO), and for the acquisition and provision of
goods and services, or for grants to Israel necessary to sup-
port the eradication of terrorism in and around Israel: Pro-
vided, 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, notwith-
standing any other provision of law, to promote bilateral
and multilateral activities relating to nonproliferation 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 organi-
zations 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 Appropriations: Provided further, That
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funds appropriated under this heading may be made avail-
able for the International Atomic Energy Agency only if
the Secretary of State determines (and so reports to the
Congress) that Israel is not being denied its right to partici-
pate in the activities of that Agency: Provided further, That,
notwithstanding any prohibitions in this or any other Act
on direct or indirect assistance to North Korea, not more
than $25,000,000 may be made available to the Korean Pe-
ninsula Energy Development Organization (KEDO) only
for heavy fuel oil costs and other expenses associated with
the Agreed Framework, of which $13,000,000 shall be from
funds appropriated under this heading and $12,000,000
may be transferred from funds appropriated by this Act
under the headings ‘‘International Organization and Pro-
grams’’, ‘‘Foreign Military Financing Program’’, and
‘‘Economic Support Fund’’: Provided further, That such
funds may be obligated to KEDO only if, prior to such obli-
gation of funds, the President certifies and so reports to
Congress that (1)(A) the United States is taking steps to
assure that progress is made on the implementation of the
January 
1, 
1992, 
Joint 
Declaration 
on 
the
Denuclearization of the Korean Peninsula and the imple-
mentation of the North-South dialogue, and (B) North
Korea is complying with the other provisions of the Agreed
Framework between North Korea and the United States and
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with the Confidential Minute; (2) North Korea is cooperat-
ing fully in the canning and safe storage of all spent fuel
from its graphite-moderated nuclear reactors and that such
canning and safe storage is scheduled to be completed by
the end of fiscal year 1997; and (3) North Korea has not
significantly diverted assistance provided by the United
States for purposes for which such assistance was not in-
tended: Provided further, That the President may waive the
certification requirements of the preceding proviso if the
President deems it necessary in the vital national security
interests of the United States: Provided further, That no
funds may be obligated for KEDO until 30 calendar days
after the submission to Congress of the waiver permitted
under the preceding proviso: Provided further, That before
obligating any funds for KEDO, the President shall report
to Congress on (1) the cooperation of North Korea in the
process of returning to the United States the remains of
United States military personnel who are listed as missing
in action as a result of the Korean conflict (including con-
ducting joint field activities with the United States); (2)
violations of the military armistice agreement of 1953; (3)
the actions which the United States is taking and plans
to take to assure that North Korea is consistently taking
steps 
to 
implement 
the 
Joint 
Declaration 
on
Denuclearization of the Korean Peninsula and engage in
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North-South dialogue; and (4) all instances of non-compli-
ance with the agreed framework between North Korea and
the United States and the Confidential Minute, including
diversion of heating fuel oil: Provided further, That the obli-
gation of such funds shall be subject to the regular notifica-
tion procedures 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,
$40,000,000: Provided, That up to $100,000 of the funds
appropriated under this heading may be made available for
grant financed military education and training for any
high income country on the condition that that country
agrees to fund from its own resources the transportation
cost and living allowances of its students: Provided further,
That the civilian personnel for whom military education
and training may be provided under this heading may also
include members of national legislatures who are respon-
sible for the oversight and management of the military, and
may also include individuals who are not members of a
government: Provided further, That none of the funds ap-
propriated under this heading shall be available for Zaire
and Guatemala: Provided further, That funds appropriated
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under this heading for grant financed military education
and training for Indonesia may only be available for ex-
panded military education and training.
FOREIGN MILITARY FINANCING PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For expenses necessary for grants to enable the Presi-
dent to carry out the provisions of section 23 of the Arms
Export Control Act, $3,224,000,000: Provided, That of the
funds appropriated by this paragraph not less than
$1,800,000,000 shall be available for grants only for Israel,
and not less than $1,300,000,000 shall be available for
grants only for Egypt: Provided further, That the funds ap-
propriated by this paragraph for Israel shall be 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 available 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 pro-
curement in Israel of defense articles and defense services,
including research and development: Provided further, That
Poland, Hungary, and the Czech Republic shall be des-
ignated as eligible for the program established under section
203(a) of the NATO Participation Act of 1994: Provided
further, That of the funds made available under this para-
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graph, $30,000,000 shall be available for assistance on a
grant basis for Poland, Hungary, and the Czech Republic
to carry out title II of Public Law 103–477 and section
585 of Public Law 104–107: Provided further, That funds
made available under this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That, for the purpose
only of providing support for NATO expansion and the
Warsaw Initiative Program, of the funds appropriated by
this Act under the headings ‘‘Assistance for Eastern Europe
and the Baltic States’’ and ‘‘Assistance for the New Inde-
pendent States of the Former Soviet Union’’, up to a total
of $20,000,000 may be transferred, notwithstanding any
other provision of law, to the funds appropriated under this
paragraph: 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
Program except through the regular notification procedures
of the Committees on Appropriations.
For the cost, as defined in section 502 of the Congres-
sional Budget Act of 1974, of direct loans authorized by
section 23 of the Arms Export Control Act as follows: cost
of direct loans, $60,000,000: Provided, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans of not to exceed $540,000,000: Pro-
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vided further, That the rate of interest charged on such
loans shall be not less than the current average market yield
on outstanding marketable obligations of the United States
of comparable maturities: Provided further, That of the
funds appropriated under this paragraph $20,000,000 shall
be made available to Poland, Hungary, and the Czech Re-
public: Provided 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:
$122,500,000 only for Greece and $175,000,000 only for
Turkey.
None of the funds made available under this heading
shall be available to finance the procurement of defense arti-
cles, defense services, or design and construction services
that are not sold by the United States Government under
the Arms Export Control Act unless the foreign country pro-
posing to make such procurements has first signed an agree-
ment with the United States Government specifying the
conditions under which such procurements may be financed
with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the
regular notification procedures of section 515 of this Act:
Provided further, That funds made available under this
heading shall be obligated upon apportionment in accord-
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ance 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, Peru, Liberia, and Guatemala: Provided fur-
ther, That none of the funds appropriated or otherwise
made available for use under this heading may be made
available for Colombia or Bolivia until the Secretary of
State certifies that such funds will be used by such country
primarily for counternarcotics activities: Provided further,
That funds made available under this heading may be used,
notwithstanding any other provision of law, for activities
related to the clearance of landmines and unexploded ord-
nance, and may include activities implemented through
nongovernmental and international organizations: Pro-
vided further, That not more than $100,000,000 of the funds
made available under this heading shall be available for use
in financing the procurement of defense articles, defense
services, or design and construction services that are not
sold by the United States Government under the Arms Ex-
port Control Act to countries other than Israel and Egypt:
Provided further, That only those countries for which assist-
ance was justified for the ‘‘Foreign Military Sales Financ-
ing Program’’ in the fiscal year 1989 congressional presen-
tation for security assistance programs may utilize funds
made available under this heading for procurement of de-
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fense 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 Commit-
tees on Appropriations, funds made available under this
heading for the cost of direct loans may also be used to sup-
plement the funds available under this heading for grants,
and funds made available under this heading for grants
may also be used to supplement the funds available under
this heading for the cost of direct loans: Provided further,
That funds appropriated under this heading shall be ex-
pended at the minimum rate necessary to make timely pay-
ment for defense articles and services: Provided further,
That the Department of Defense shall conduct during the
current fiscal year nonreimbursable audits of private firms
whose contracts are made directly with foreign governments
and are financed with funds made available under this
heading (as well as subcontractors thereunder) as requested
by the Defense Security Assistance Agency: Provided fur-
ther, That not more than $23,250,000 of the funds appro-
priated 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
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$355,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obli-
gated 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 regular notification procedures
of the Committees on Appropriations.
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 appropriated
under this paragraph shall be obligated or expended 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 GLOBAL ENVIRONMENT FACILITY
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), $35,000,000, to remain available
until September 30, 1998.
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CONTRIBUTION TO THE INTERIM TRUST FUND AT THE
INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the Interim Trust Fund administered
by the International Development Association by the Sec-
retary of the Treasury, $700,000,000, to remain available
until expended.
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 cap-
ital 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 Special Oper-
ations, $10,000,000, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Inter-American De-
velopment Bank may subscribe without fiscal year limita-
tion 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 Multi-
lateral Investment Fund by the Secretary of the Treasury,
for the United States contribution to the Fund to be admin-
istered 
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 Development
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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CONTRIBUTION TO THE EUROPEAN BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction
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 without fis-
cal year limitation to the callable capital portion of 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,
$56,250,000, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the North American De-
velopment Bank may subscribe without fiscal year limita-
tion 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.
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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 Par-
ticipation Act of 1973, $270,000,000: 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 not less than $3,000,000
of the funds appropriated under this heading shall be made
available for the World Food Program: Provided further,
That none of the funds appropriated under this heading
may be made available to the International Atomic Energy
Agency (IAEA): 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 People’s Republic of
China: Provided further, That not more than $35,000,000
of the funds appropriated under this heading may be made
available to the UNFPA: Provided further, That not more
than one-half of this amount may be provided to UNFPA
before March 1, 1997, and that no later than February 15,
1997, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount
UNFPA is budgeting for the People’s Republic of China in
1997: Provided further, That any amount UNFPA plans
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to spend in the People’s Republic of China in 1997 shall
be deducted from the amount of funds provided to UNFPA
after March 1, 1997 pursuant to the previous provisos: Pro-
vided further, That with respect to any funds appropriated
under this heading that are made available to UNFPA,
UNFPA shall be required to maintain such funds in a sepa-
rate account and not commingle them with any other funds.
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.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $126,500 shall be for
official residence expenses of the Agency for International
Development during the current fiscal year: Provided, That
appropriate steps shall be taken to assure that, to the maxi-
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mum extent possible, United States-owned foreign cur-
rencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for enter-
tainment expenses of the Agency for International Develop-
ment during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $95,000 shall be avail-
able for representation allowances for 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 for-
eign currencies are utilized in lieu of dollars: Provided fur-
ther, That of the funds made available by this Act for gen-
eral costs of administering military assistance and sales
under the heading ‘‘Foreign Military Financing Program’’,
not to exceed $2,000 shall be available for entertainment
expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the
funds made available by this Act under the heading ‘‘Inter-
national 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
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$2,000 shall be available for entertainment and representa-
tion 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 entertainment 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 available 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-ter-
rorism, 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 fi-
nance the export of nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance directly any assistance or reparations
to Cuba, Iraq, Libya, North Korea, Iran, Serbia, Sudan,
or Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall include di-
rect loans, credits, insurance and guarantees of the Export-
Import Bank or its agents.
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MILITARY COUPS
SEC. 508. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance directly any assistance to any country
whose duly elected Head of Government is deposed by mili-
tary coup or decree: Provided, That assistance may be re-
sumed to such country if the President determines and re-
ports to the Committees on Appropriations that subsequent
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 spe-
cifically provided for in this Act, unless the President, prior
to the exercise of any authority contained in the Foreign
Assistance Act of 1961 to transfer funds, consults with and
provides a written policy justification to the Committees
on Appropriations of the House of Representatives and the
Senate: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the Com-
mittees on Appropriations, except for transfers specifically
referred to in this Act.
DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. (a) Amounts certified pursuant to section
1311 of the Supplemental Appropriations Act, 1955, as
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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 headings
under title II of this Act are, if deobligated, hereby contin-
ued available for the same period as the respective appro-
priations under such headings or until September 30, 1997,
whichever is later, and for the same general purpose, and
for countries within the same region as originally obligated:
Provided, That the Appropriations Committees of both
Houses of the Congress are notified fifteen days in advance
of the deobligation and reobligation of such funds in accord-
ance with regular notification procedures of the Committees
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 expi-
ration of the current fiscal year unless expressly so provided
in this Act: Provided, That funds appropriated for the pur-
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poses 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 ‘‘Assist-
ance for Eastern Europe and the Baltic States’’, shall re-
main 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 provision 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 or obligated for cash disbursements in
order to address balance of payments 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 payment and economic policy reform pur-
poses.
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 calendar
year in payment to the United States of principal or inter-
est on any loan made to such country by the United States
pursuant to a program for which funds are appropriated
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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 narcotics-related as-
sistance for Colombia, Bolivia, and Peru authorized 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 expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production 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 productive ca-
pacity is expected to become operative and if the assistance
will cause substantial injury to United States producers of
the same, similar, or competing commodity.
(b) None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assist-
ance Act of 1961 shall be available for any testing or breed-
ing feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connec-
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tion with the growth or production in a foreign country
of an agricultural commodity for export which would com-
pete with a similar commodity grown or produced in the
United States: Provided, That this subsection shall not pro-
hibit—
(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 ben-
efit American producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall instruct
the United States Executive Directors of the International
Bank for Reconstruction and Development, the Inter-
national Development Association, the International Fi-
nance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development
Bank, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for
Reconstruction and Development, the African 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 avail-
able pursuant to this Act, for the production or extraction
of any commodity or mineral for export, if it is in surplus
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on world markets and if the assistance will cause substan-
tial injury to United States producers of the same, similar,
or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the Executive
Branch with the necessary administrative flexibility, none
of the funds made available under this Act for ‘‘Develop-
ment Assistance’’, ‘‘Population, Development Assistance’’,
‘‘International organizations 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’’, ‘‘Economic Support Fund’’, ‘‘Peacekeeping
operations’’, ‘‘Operating expenses of the Agency for Inter-
national Development’’, ‘‘Operating expenses of the Agency
for International Development Office of Inspector General’’,
‘‘Nonproliferation, Anti-terrorism, Demining and Related
Programs’’, ‘‘Export-Import Bank of the United States’’,
‘‘Foreign Military Financing Program’’, ‘‘International
military education and training’’, ‘‘Peace Corps’’, ‘‘Migra-
tion and refugee assistance’’, and for the ‘‘Inter-American
Foundation’’ and the ‘‘African Development Foundation’’,
shall be available for obligation for activities, programs,
projects, type of materiel assistance, countries, or other op-
erations not justified or in excess of the amount justified
to the Appropriations Committees for obligation under any
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of these specific headings unless the Appropriations Com-
mittees of both Houses of Congress are previously 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 de-
fined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 per centum in excess
of the quantities justified to Congress unless the Committees
on Appropriations are notified fifteen days in advance of
such commitment: Provided further, That this section shall
not apply to any reprogramming for an activity, program,
or project under chapter 1 of part I of the Foreign Assist-
ance Act of 1961 of less than 10 per centum of the amount
previously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year:
Provided further, That the requirements of this section or
any similar provision of this Act or any other Act, includ-
ing any prior Act requiring notification in accordance with
the regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would
pose a substantial risk to human health or welfare: Provided
further, That in case of any such waiver, notification to
the Congress, or the appropriate congressional committees,
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shall be provided as early as practicable, but in no event
later than three days after taking the action to which such
notification requirement was applicable, in the context of
the circumstances necessitating such waiver: Provided fur-
ther, 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 regu-
lar notification procedures of the Committees on Appropria-
tions.
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 ‘‘International
Organizations and Programs’’ shall be available for the
United States proportionate share, in accordance with sec-
tion 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 list-
ed in section 620(f) of the Foreign Assistance Act of 1961,
as amended: Provided, That, subject to the regular notifica-
tion procedures of the Committees on Appropriations, funds
appropriated under this Act or any previously enacted Act
making appropriations for foreign operations, export fi-
nancing, and related programs, which are returned or not
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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 Sep-
tember 30, 1997.
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 Congress
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. Furthermore, the Con-
gress 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. There-
fore, the Congress declares that, subject to the availability
of appropriations, it is the policy and the intention of the
United States that the funds provided in annual appropria-
tions 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 region.
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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 amend-
ed, may be used to pay for the performance of abortions
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 Assistance Act
of 1961, as amended, may be used to pay for the perform-
ance 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 bio-
medical research which relates in whole or in part, to meth-
ods of, or the performance of, abortions or involuntary steri-
lization 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 abor-
tions and involuntary sterilizations: Provided, That none
of the funds made available under this Act may be used
to lobby for or against abortion.
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POPULATION PLANNING ASSISTANCE LIMITATIONS
SEC. 519. (a) PROHIBITION ON ABORTION FUNDING.—
None of the funds made available under this Act may be
used to pay for the performance of abortion as a method
of family planning, or to coerce or motivate any person to
practice abortions.
(b) PROHIBITION ON ABORTION LOBBYING.—None of
the funds made available under this Act may be used to
lobby for or against abortion.
(c) ELIGIBILITY.—In determining eligibility for assist-
ance from funds appropriated to carry out section 104 of
the Foreign Assistance Act of 1961, nongovernmental and
multilateral organizations shall not be subjected to require-
ments more restrictive than the requirements applicable to
foreign governments for such assistance.
REPORTING REQUIREMENT
SEC. 520. 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. 521. None of the funds appropriated in this Act
shall be obligated or expended for Colombia, Guatemala,
Haiti, Liberia, Pakistan, Sudan, or Zaire except as pro-
vided through the regular notification procedures of the
Committees on Appropriations.
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DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 522. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the Appropriations
Act account level and shall include all Appropriations and
Authorizations Acts earmarks, ceilings, and limitations
with the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program,
‘‘program, project, and activity’’ shall also be considered
to include country, regional, and central program level
funding within each such account; for the development as-
sistance accounts of the Agency for International Develop-
ment ‘‘program, project, and activity’’ shall also be consid-
ered to include central program level funding, either as (1)
justified to the Congress, or (2) allocated by the executive
branch in accordance with a report, to be provided to the
Committees on Appropriations within thirty days of enact-
ment of this Act, as required by section 653(a) of the For-
eign Assistance Act of 1961.
CHILD SURVIVAL AND AIDS ACTIVITIES
SEC. 523. 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 United
States Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or as-
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signed to, or contracted by, as the case may be, the Agency
for International Development for the purpose of carrying
out family planning activities, child survival activities and
activities relating to research on, and the treatment and
control of, acquired immune deficiency syndrome in devel-
oping countries: Provided, That funds appropriated by this
Act that are made available for child survival activities or
activities relating to research on, and the treatment and
control of, acquired immune deficiency syndrome may be
made available notwithstanding any provision of law that
restricts assistance to foreign countries: Provided further,
That funds appropriated by this Act that are made avail-
able 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. 524. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated to
finance indirectly any assistance or reparations to Cuba,
Iraq, Libya, Iran, Syria, North Korea, or the People’s Re-
public of China, unless the President of the United States
certifies that the withholding of these funds is contrary to
the national interest of the United States.
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RECIPROCAL LEASING
SEC. 525. 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. 526. Prior to providing excess Department of De-
fense articles in accordance with section 516(a) of the For-
eign Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees pur-
suant to subsection (c) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under
the Arms Export Control Act, the Department of Defense
shall notify the Committees on Appropriations in accord-
ance with the regular notification procedures of such Com-
mittees: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.
AUTHORIZATION REQUIREMENT
SEC. 527. Funds appropriated by this Act may be obli-
gated and expended notwithstanding section 10 of Public
Law 91–672 and section 15 of the State Department Basic
Authorities Act of 1956.
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PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 528. (a) Notwithstanding any other provision of
law, funds appropriated for bilateral assistance under any
heading of this Act and funds appropriated under any such
heading in a provision of law enacted prior to enactment
of this Act, shall not be made available to any country
which the President determines—
(1) grants sanctuary from prosecution to any in-
dividual or group which has committed an act of
international terrorism, or
(2) otherwise supports international terrorism.
(b) The President may waive the application of sub-
section (a) to a country if the President determines that
national security or humanitarian reasons justify such
waiver. The President shall publish each waiver in the Fed-
eral Register and, at least fifteen days before the waiver
takes effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the waiver)
in accordance with the regular notification procedures of
the Committees on Appropriations.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 529. Notwithstanding any other provision of law,
and subject to the regular notification procedures of the
Committees on Appropriations, the authority of section
23(a) of the Arms Export Control Act may be used to pro-
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vide financing to Israel, Egypt and NATO and major non-
NATO allies for the procurement by leasing (including leas-
ing with an option to purchase) of defense articles from
United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types
of aircraft having possible civilian application), if the
President determines that there are compelling foreign pol-
icy or national security reasons for those defense articles
being provided by commercial lease rather than by govern-
ment-to-government sale under such Act.
COMPETITIVE INSURANCE
SEC. 530. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States insurance companies have a fair opportunity
to bid for insurance when such insurance is necessary or
appropriate.
STINGERS IN THE PERSIAN GULF REGION
SEC. 531. Except as provided in section 581 of the For-
eign Operations, Export Financing, and Related Programs
Appropriations Act, 1990, the United States may not sell
or otherwise make available any Stingers to any country
bordering the Persian Gulf under the Arms Export Control
Act or chapter 2 of part II of the Foreign Assistance Act
of 1961.
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DEBT-FOR-DEVELOPMENT
SEC. 532. In order to enhance the continued participa-
tion of nongovernmental organizations in economic assist-
ance activities under the Foreign Assistance Act of 1961,
including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which
is a grantee or contractor of the Agency for International
Development may place in interest bearing accounts funds
made available under this Act or prior Acts or local cur-
rencies which accrue to that organization as a result of eco-
nomic assistance provided under title II of this Act and
any interest earned on such investment may be used for
the purpose for which the assistance was provided to that
organization.
COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES
SEC. 533. Direct costs associated with meeting a for-
eign customer’s additional or unique requirements will con-
tinue to be allowable under contracts under section 22(d)
of the Arms Export Control Act. Loadings applicable to
such direct costs shall be permitted at the same rates appli-
cable to procurement of like items purchased by the Depart-
ment of Defense for its own use.
SEPARATE ACCOUNTS
SEC. 534. (a) SEPARATE ACCOUNTS FOR LOCAL CUR-
RENCIES.—(1) If assistance is furnished to the government
of a foreign country under chapters 1 and 10 of part I or
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chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the Agency
for International Development shall—
(A) require that local currencies be deposited in
a separate account established by that government;
(B) enter into an agreement with that govern-
ment which sets forth—
(i) the amount of the local currencies to be
generated, and
(ii) the terms and conditions under which
the currencies so deposited may be utilized, con-
sistent with this section; and
(C) establish by agreement with that government
the responsibilities of the Agency for International
Development and that government to monitor and ac-
count for deposits into and disbursements from the
separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed
upon with the foreign government, local currencies depos-
ited in a separate account pursuant to subsection (a), or
an equivalent amount of local currencies, shall be used
only—
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(A) to carry out chapters 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as—
(i) project and sector assistance activities,
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The Agency for
International Development shall take all appropriate steps
to ensure that the equivalent of the local currencies dis-
bursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used
for the purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon
termination of assistance to a country under chapters 1 or
10 of part I or chapter 4 of part II (as the case may be),
any unencumbered balances of funds which remain in a
separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) CONFORMING AMENDMENTS.—The provisions of
this subsection shall supersede the tenth and eleventh provi-
sos contained under the heading ‘‘Sub-Saharan Africa, De-
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velopment Assistance’’ as included in the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1989 and sections 531(d) and 609 of the For-
eign Assistance Act of 1961.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1)
If assistance is made available to the government of a for-
eign country, under chapters 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a sepa-
rate account and not commingle them with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—
Such funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the nature
of this assistance including provisions which are referenced
in the Joint Explanatory Statement of the Committee of
Conference accompanying House Joint Resolution 648 (H.
Report No. 98–1159).
(3) NOTIFICATION.—At least fifteen days prior to obli-
gating any such cash transfer or nonproject sector assist-
ance, the President shall submit a notification through the
regular notification procedures of the Committees on Appro-
priations, which shall include a detailed description of how
the funds proposed to be made available will be used, with
a discussion of the United States interests that will be
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served by the assistance (including, as appropriate, a de-
scription of the economic policy reforms that will be pro-
moted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds
may be exempt from the requirements of subsection (b)(1)
only through the notification procedures of the Committees
on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE
DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 535. (a) No funds appropriated by this Act may
be made as payment to any international financial institu-
tion while the United States Executive Director to such in-
stitution is compensated by the institution at a rate which,
together with whatever compensation such Director receives
from the United States, is in excess of the rate provided
for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, or while any alternate United States Director
to such institution is compensated by the institution at a
rate in excess of the rate provided for an individual occupy-
ing a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(b) For purposes of this section, ‘‘international finan-
cial institutions’’ are: the International Bank for Recon-
struction and Development, the Inter-American Develop-
ment Bank, the Asian Development Bank, the Asian Devel-
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opment Fund, the African Development Bank, the African
Development Fund, the International Monetary Fund, the
North American Development Bank, and the European
Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 536. (a) DENIAL OF ASSISTANCE.—None of the
funds appropriated or otherwise made available pursuant
to this Act to carry out the Foreign Assistance Act of 1961
(including title IV of chapter 2 of part I, relating to the
Overseas Private Investment Corporation) or the Arms Ex-
port Control Act may be used to provide assistance to any
country that is not in compliance with the United Nations
Security Council sanctions against Iraq, Serbia or
Montenegro unless the President determines and so certifies
to the Congress that—
(1) such assistance is in the national interest of
the United States;
(2) such assistance will directly benefit the needy
people in that country; or
(3) the assistance to be provided will be humani-
tarian assistance for foreign nationals who have fled
Iraq and Kuwait.
(b) IMPORT SANCTIONS.—If the President considers
that the taking of such action would promote the effective-
ness of the economic sanctions of the United Nations and
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(b) PUBLIC LAW 480.—During fiscal year 1997, re-
strictions contained in this or any other Act with respect
to assistance for a country shall not be construed to restrict
assistance under the Agricultural Trade Development and
Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made
available pursuant to this subsection may be obligated or
expended except as provided through the regular notifica-
tion procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign
Assistance Act or any comparable provision of law
prohibiting assistance to countries that support inter-
national terrorism; or
(2) with respect to section 116 of the Foreign As-
sistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that violate
internationally recognized human rights.
EARMARKS
SEC. 548. (a) Funds appropriated by this Act which
are earmarked may be reprogrammed for other programs
within the same account notwithstanding the earmark if
compliance with the earmark is made impossible by oper-
ation of any provision of this or any other Act or, with
respect to a country with which the United States has an
agreement providing the United States with base rights or