104TH CONGRESS
1ST SESSION
H. R. 1868
AN ACT
Making appropriations for foreign operations, export financ-
ing, and related programs for the fiscal year ending
September 30, 1996, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1996, and for other pur-
poses, namely:
TITLE I—EXPORT AND INVESTMENT
ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of
funds and borrowing authority available to such corpora-
tion, and in accordance with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tations, as provided by section 104 of the Government
Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such cor-
poration: Provided, That none of the funds available dur-
ing the current fiscal year may be used to make expendi-
tures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country other than
a nuclear-weapon State as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligi-
ble to receive economic or military assistance under this
Act that has detonated a nuclear explosive after the date
of enactment of this Act.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insur-
ance, and tied-aid grants as authorized by section 10 of
the Export-Import Bank Act of 1945, as amended,
$786,551,000 to remain available until September 30,
1997: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided fur-
ther, That such sums shall remain available until 2010 for
the disbursement of direct loans, loan guarantees, insur-
ance and tied-aid grants obligated in fiscal years 1996 and
1997: Provided further, That up to $100,000,000 of funds
appropriated by this paragraph shall remain available
until expended and may be used for tied-aid grant pur-
poses: Provided further, That none of the funds appro-
priated by this paragraph may be used for tied-aid credits
or grants except through the regular notification proce-
dures of the Committees on Appropriations: Provided fur-
ther, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-
Import Bank Act of 1945, in connection with the purchase
or lease of any product by any East European country,
any Baltic State, or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct
and guaranteed loan and insurance programs (to be com-
puted on an accrual basis), including hire of passenger
motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $20,000 for official reception and
representation expenses for members of the Board of Di-
rectors, $45,228,000: Provided, That necessary expenses
(including special services performed on a contract or fee
basis, but not including other personal services) in connec-
tion with the collection of moneys owed the Export-Import
Bank, repossession or sale of pledged collateral or other
assets acquired by the Export-Import Bank in satisfaction
of moneys owed the Export-Import Bank, or the investiga-
tion or appraisal of any property, or the evaluation of the
legal or technical aspects of any transaction for which an
application for a loan, guarantee or insurance commitment
has been made, shall be considered nonadministrative ex-
penses for the purposes of this heading: Provided further,
That, notwithstanding subsection (b) of section 117 of the
Export Enhancement Act of 1992, subsection (a) thereof
shall remain in effect until October 1, 1996.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
as provided by 31 U.S.C. 9104, such expenditures and
commitments within the limits of funds available to it and
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
$26,500,000: Provided further, That project-specific trans-
action costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated
with services provided to specific investors or potential in-
vestors pursuant to section 234 of the Foreign Assistance
Act of 1961, shall not be considered administrative ex-
penses for the purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans,
$69,500,000, as authorized by section 234 of the Foreign
Assistance Act of 1961: Provided, That such costs, includ-
ing the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for di-
rect loan obligations and loan guaranty commitments in-
curred or made during fiscal years 1996 and 1997: Pro-
vided further, That such sums shall remain available
through fiscal year 2003 for the disbursement of direct
and guaranteed loans obligated in fiscal year 1996, and
through fiscal year 2004 for the disbursement of direct
and guaranteed loans obligated in fiscal year 1997. In ad-
dition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived
from amounts available for administrative expenses to
carry out the credit and insurance programs in the Over-
seas Private Investment Corporation Noncredit Account
and merged with said account.
FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions
of section 661 of the Foreign Assistance Act of 1961,
$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 avail-
able for obligation until September 30, 1997, for necessary
expenses under this paragraph: Provided further, That
such reimbursements shall not cover, or be allocated
against, direct or indirect administrative costs of the agen-
cy.
INTERNATIONAL FINANCIAL INSTITUTIONS
CONTRIBUTION TO THE INTERNATIONAL FINANCE
CORPORATION
For payment to the International Finance Corpora-
tion by the Secretary of the Treasury, $67,550,000, for
the United States share of the increase in subscriptions
to capital stock, to remain available until expended: Pro-
vided, That of the amount appropriated under this head-
ing not more than $5,269,000 may be expended for the
purchase of such stock in fiscal year 1996.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Mul-
tilateral Investment Fund by the Secretary of the Treas-
ury, for the United States contribution to the Fund to
be administered by the Inter-American Development
Bank, $70,000,000 to remain available until expended.
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, 1996, unless otherwise specified herein, as
follows:
AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILDREN AND DISEASE PROGRAMS FUND
For necessary expenses to carry out the provisions
of part I and chapter 4 of part II of the Foreign Assist-
ance Act of 1961, for child survival, assistance to combat
tropical and other diseases, and related assistance activi-
ties, $592,660,000, to remain available until September
30, 1997: Provided, That this amount shall be made avail-
able for such activities as (1) immunization programs, (2)
oral rehydration programs, (3) health and nutrition pro-
grams, and related education programs, which address the
needs of mothers and children, (4) water and sanitation
programs, (5) assistance for displaced and orphaned chil-
dren, (6) programs for the prevention, treatment, and con-
trol of, and research on, HIV/AIDS, polio, malaria and
other diseases, (7) basic education programs, and (8) a
contribution on a grant basis to the United Nations Chil-
dren’s Fund (UNICEF): Provided further, That funds ap-
propriated under this heading shall be in addition to
amounts otherwise available for such purposes.
DEVELOPMENT ASSISTANCE FUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the provisions
of sections 103 through 106 of the Foreign Assistance Act
of 1961, $655,000,000, to remain available until Septem-
ber 30, 1997: Provided, 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 may be used to pay for
the performance of abortion as a method of family plan-
ning or to motivate or coerce any person to practice abor-
tions; and that in order to reduce reliance on abortion in
developing nations, funds shall be available only to vol-
untary family planning projects which offer, either directly
or through referral to, or information about access to, a
broad range of family planning methods and services: Pro-
vided 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 be-
cause of such applicant’s religious or conscientious com-
mitment to offer only natural family planning; and, addi-
tionally, all such applicants shall comply with the require-
ments of the previous proviso: Provided further, That noth-
ing in this paragraph shall be construed to alter any exist-
ing statutory prohibitions against abortion under section
104 of the Foreign Assistance Act of 1961: Provided fur-
ther, That, notwithstanding section 109 of the Foreign As-
sistance Act of 1961, of the funds appropriated under this
heading and under the heading ‘‘Development Fund for
Africa’’, not to exceed a total of $15,000,000 may be
transferred to ‘‘International Organizations and Pro-
grams’’ for a contribution to the International Fund for
Agricultural Development (IFAD), and that any such
transfer of funds shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations.
DEVELOPMENT FUND FOR AFRICA
For necessary expenses to carry out the provisions
of chapter 10 of part I of the Foreign Assistance Act of
1961, $528,000,000, to remain available until September
30, 1997: Provided, That none of the funds appropriated
by this Act to carry out chapters 1 and 10 of part I of
the Foreign Assistance Act of 1961 shall be transferred
to the Government of Zaire: Provided further, That funds
appropriated under this heading which are made available
for activities supported by the Southern Africa Develop-
ment Community shall be made available notwithstanding
section 512 of this Act and section 620(q) of the Foreign
Assistance Act of 1961.
PRIVATE AND VOLUNTARY ORGANIZATIONS
None of the funds appropriated or otherwise made
available by this Act for development assistance may be
made available to any United States private and voluntary
organization, except any cooperative development organi-
zation, which obtains less than 20 per centum of its total
annual funding for international activities from sources
other than the United States Government: Provided, That
the requirements of the provisions of section 123(g) of the
Foreign Assistance Act of 1961 and the provisions on pri-
vate and voluntary organizations in title II of the ‘‘Foreign
Assistance and Related Programs Appropriations Act,
1985’’ (as enacted in Public Law 98–473) shall be super-
seded by the provisions of this section.
Funds appropriated or otherwise made available
under title II of this Act should be made available to pri-
vate and voluntary organizations at a level which is equiv-
alent to the level provided in fiscal year 1995. Such private
and voluntary organizations shall include those which op-
erate on a not-for-profit basis, receive contributions from
private sources, receive voluntary support from the public
and are deemed to be among the most cost-effective and
successful providers of development assistance.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster re-
lief, rehabilitation, and reconstruction assistance pursuant
to section 491 of the Foreign Assistance Act of 1961, as
amended, $200,000,000 to remain available until ex-
pended.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Con-
gressional Budget Act of 1974, of modifying direct loans
and loan guarantees, as the President may determine, for
which funds have been appropriated or otherwise made
available for programs within the International Affairs
Budget Function 150, including the cost of selling, reduc-
ing, or canceling amounts, through debt buybacks and
swaps, owed to the United States as a result of
concessional loans made to eligible Latin American and
Caribbean countries, pursuant to part IV of the Foreign
Assistance Act of 1961, $7,000,000, to remain available
until expended.
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 For-
eign Assistance Act of 1961, as amended: Provided, That
such costs shall be as defined in section 502 of the Con-
gressional Budget Act of 1974. In addition, for adminis-
trative 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.
HOUSING GUARANTY PROGRAM ACCOUNT
For administrative expenses to carry out guaranteed
loan programs, $7,000,000, all of which may be trans-
ferred to and merged with the appropriation for Operating
Expenses of the Agency for International Development.
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, $43,914,000.
OPERATING EXPENSES OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions
of section 667, $465,750,000: Provided, That of this
amount not more than $1,475,000 may be made available
to pay for printing costs: Provided further, That none of
the funds appropriated by this Act for programs adminis-
tered by the Agency for International Development may
be used to finance printing costs of any report or study
(except feasibility, design, or evaluation reports or studies)
in excess of $25,000 without the approval of the Adminis-
trator of that Agency or the Administrator’s designee.
OPERATING
EXPENSES
OF
THE
AGENCY
FOR
INTER-
NATIONAL
DEVELOPMENT
OFFICE
OF
INSPECTOR
GENERAL
For necessary expenses to carry out the provisions
of section 667, $35,200,000, which sum shall be available
for the Office of the Inspector General of the Agency for
International Development.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions
of chapter 4 of part II, $2,300,000,000, to remain avail-
able until September 30, 1997: Provided, That any funds
appropriated under this heading that are made available
for Israel shall be made available on a grant basis as a
cash transfer and shall be disbursed within thirty days of
enactment of this Act or by October 31, 1995, whichever
is later: Provided further, That none of the funds appro-
priated under this heading shall be made available for
Zaire.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions
of part I of the Foreign Assistance Act of 1961, up to
$19,600,000, which shall be available for the United
States contribution to the International Fund for Ireland
and shall be made available in accordance with the provi-
sions of the Anglo-Irish Agreement Support Act of 1986
(Public Law 99–415): Provided, That such amount shall
be expended at the minimum rate necessary to make time-
ly payment for projects and activities: Provided further,
That funds made available under this heading shall re-
main available until September 30, 1997.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES
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,
$324,000,000, to remain available until September 30,
1997, which shall be available, notwithstanding any other
provision of law, for economic assistance and for related
programs for Eastern Europe and the Baltic States.
Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available
for an Enterprise Fund may be deposited by such Fund
in interest-bearing accounts prior to the Fund’s disburse-
ment of such funds for program purposes. The Fund may
retain for such program purposes any interest earned on
such deposits without returning such interest to the Treas-
ury of the United States and without further appropria-
tion by the Congress. Funds made available for Enterprise
Funds shall be expended at the minimum rate necessary
to make timely payment for projects and activities.
Funds appropriated under this heading shall be con-
sidered to be economic assistance under the Foreign As-
sistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the
use of economic assistance.
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF
THE FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions
of chapter 11 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for
the new independent states of the former Soviet Union
and for related programs, $580,000,000, to remain avail-
able until September 30, 1997: Provided, That the provi-
sions of 498B(j) of the Foreign Assistance Act of 1961
shall apply to funds appropriated by this paragraph.
(b) None of the funds appropriated under this head-
ing shall be transferred to the Government of Russia—
(1) unless that Government is making progress
in implementing comprehensive economic reforms
based on market principles, private ownership, nego-
tiating repayment of commercial debt, respect for
commercial contracts, and equitable treatment of
foreign private investment; and
(2) if that Government applies or transfers
United States assistance to any entity for the pur-
pose of expropriating or seizing ownership or control
of assets, investments, or ventures.
(c) Funds may be furnished without regard to sub-
section (b) if the President determines that to do so is
in the national interest.
(d) None of the funds appropriated under this head-
ing shall be made available to any government of the new
independent states of the former Soviet Union if that gov-
ernment directs any action in violation of the territorial
integrity or national sovereignty of any other new inde-
pendent state, such as those violations included in Prin-
ciple Six of the Helsinki Final Act: Provided, That such
funds may be made available without regard to the restric-
tion 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 sub-
section shall not apply to the use of such funds for the
provision of assistance for purposes of humanitarian, dis-
aster and refugee relief.
(e) None of the funds appropriated under this head-
ing for the new independent states of the former Soviet
Union shall be made available for any state to enhance
its military capability.
(f) Funds appropriated under this heading shall be
subject to the regular notification procedures of the Com-
mittees on Appropriations.
(g) Funds made available in this Act for assistance
to the new independent states of the former Soviet Union
shall be subject to the provisions of section 117 (relating
to environment and natural resources) of the Foreign As-
sistance Act of 1961.
(h) Funds appropriated under this heading may be
made available for assistance for Mongolia.
(i) Funds made available in this Act for assistance
to the new independent states of the former Soviet Union
shall be provided to the maximum extent feasible through
the private sector, including small- and medium-size busi-
nesses, entrepreneurs, and others with indigenous private
enterprises in the region, intermediary development orga-
nizations committed to private enterprise, and private vol-
untary organizations previously functioning in the new
independent states.
(j) The ratio of private sector investment (including
volunteer contributions in cash or time) to United States
government assistance in projects referred to in subsection
(i) shall be no less than a ratio of 1 to 1.
INDEPENDENT AGENCIES
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out the provisions
of title V of the International Security and Development
Cooperation Act of 1980, Public Law 96–533, and to
make such contracts and commitments without regard to
fiscal year limitations, as provided by 31 U.S.C. 9104,
$11,500,000.
INTER-AMERICAN FOUNDATION
For expenses necessary to carry out the functions of
the Inter-American Foundation in accordance with the
provisions of section 401 of the Foreign Assistance Act
of 1969, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 9104, title 31, United States Code, $20,000,000.
PEACE CORPS
For expenses necessary to carry out the provisions
of the Peace Corps Act (75 Stat. 612), $210,000,000, in-
cluding the purchase of not to exceed five passenger motor
vehicles for administrative purposes for use outside of the
United States: Provided, That none of the funds appro-
priated under this heading shall be used to pay for abor-
tions.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL
For necessary expenses to carry out the provisions
of section 481 of the Foreign Assistance Act of 1961,
$113,000,000: Provided, That during fiscal year 1996, 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.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary
to enable the Secretary of State to provide, as authorized
by law, a contribution to the International Committee of
the Red Cross, assistance to refugees, including contribu-
tions to the International Organization for Migration and
the United Nations High Commissioner for Refugees, and
other activities to meet refugee and migration needs; pur-
chase and hire of passenger motor vehicles; and services
as authorized by section 3109 of title 5, United States
Code, $671,000,000: Provided, That, one of the funds ap-
propriated under this heading shall be available for sala-
ries and expenses of personnel assigned to the bureau
charged with carrying out the Migration and Refugee As-
sistance Act.
REFUGEE RESETTLEMENT ASSISTANCE
For necessary expenses for the targeted assistance
program authorized by title IV of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980 and administered by the Office of
Refugee Resettlement of the Department of Health and
Human Services, in addition to amounts otherwise avail-
able for such purposes, $5,000,000.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION
ASSISTANCE FUND
For necessary expenses to carry out the provisions
of section 2(c) of the Migration and Refugee Assistance
Act
of
1962,
as amended (22 U.S.C. 260(c)),
$50,000,000, to remain available until expended: Pro-
vided, That the funds made available under this heading
are appropriated notwithstanding the provisions contained
in section 2(c)(2) of the Migration and Refugee Assistance
Act of 1962 which would limit the amount of funds which
could be appropriated for this purpose.
ANTI-TERRORISM ASSISTANCE
For necessary expenses to carry out the provisions
of chapter 8 of part II of the Foreign Assistance Act of
1961, $17,000,000.
NONPROLIFERATION AND DISARMAMENT FUND
For necessary expenses for a ‘‘Nonproliferation and
Disarmament Fund’’, $20,000,000, to remain available
until expended, to promote bilateral and multilateral ac-
tivities: Provided, That such funds may be used pursuant
to the authorities contained in section 504 of the FREE-
DOM Support Act: Provided further, That such funds may
also be used for such countries other than the new inde-
pendent states of the former Soviet Union and inter-
national organizations when it is in the national security
interest of the United States to do so: Provided further,
That funds appropriated under this heading may be made
available notwithstanding any other provision of law: Pro-
vided further, That funds appropriated under this heading
shall be subject to the regular notification 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,
$39,000,000: 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
appropriated under this heading shall be available for
Zaire: Provided further, That funds appropriated under
this heading for grant financed military education and
training for Indonesia and Guatemala may only be avail-
able for expanded military education and training.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the
President to carry out the provisions of section 23 of the
Arms Export Control Act, $3,211,279,000: Provided, That
funds appropriated by this paragraph that are made avail-
able for Israel and Egypt shall be made available only as
grants: Provided further, That the funds appropriated by
this paragraph that are made available for Israel shall be
disbursed within thirty days of enactment of this Act or
by October 31, 1995, whichever is later: Provided further,
That to the extent that the Government of Israel requests
that funds be used for such purposes, grants made avail-
able for Israel by this paragraph shall, as agreed by Israel
and the United States, be available for advanced weapons
systems, of which not to exceed $475,000,000 shall be
available for the procurement in Israel of defense articles
and defense services, including research and development:
Provided further, That funds made available under this
paragraph shall be nonrepayable notwithstanding any re-
quirement in section 23 of the Arms Export Control Act:
Provided further, That none of the funds made available
under this heading shall be available for any non-NATO
country participating in the Partnership for Peace Pro-
gram except through the regular notification procedures
of the Committees on Appropriations.
For the cost, as defined in section 502 of the Con-
gressional Budget Act of 1974, of direct loans authorized
by section 23 of the Arms Export Control Act as follows:
cost of direct loans, $64,400,000: Provided, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans of not to exceed
$544,000,000: Provided further, That the rate of interest
charged on such loans shall be not less than the current
average market yield on outstanding marketable obliga-
tions of the United States of comparable maturities: Pro-
vided further, That funds appropriated under this heading
shall be made available for Greece and Turkey only on
a loan basis, and the principal amount of direct loans for
each country shall not exceed $224,000,000 for Greece
and shall not exceed $320,000,000 for Turkey.
None of the funds made available under this heading
shall be available to finance the procurement of defense
articles, defense services, or design and construction serv-
ices that are not sold by the United States Government
under the Arms Export Control Act unless the foreign
country proposing to make such procurements has first
signed an agreement with the United States Government
specifying the conditions under which such procurements
may be financed with such funds: Provided, That all coun-
try and funding level increases in allocations shall be sub-
mitted through the regular notification procedures of sec-
tion 515 of this Act: Provided further, That funds made
available under this heading shall be obligated upon appor-
tionment in accordance with paragraph (5)(C) of title 31,
United States Code, section 1501(a): Provided further,
That none of the funds appropriated under this heading
shall be available for Zaire, Sudan, Peru, Liberia, and
Guatemala: Provided further, That none of the funds ap-
propriated 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 ac-
tivities: Provided further, That funds made available under
funds appropriated under this heading shall be expended
at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That
the Department of Defense shall conduct during the cur-
rent fiscal year nonreimbursable audits of private firms
whose contracts are made directly with foreign govern-
ments and are financed with funds made available under
this heading (as well as subcontractors thereunder) as re-
quested by the Defense Security Assistance Agency: Pro-
vided further, That not more than $24,000,000 of the
funds appropriated under this heading may be obligated
for necessary expenses, including the purchase of pas-
senger motor vehicles for replacement only for use outside
of the United States, for the general costs of administer-
ing military assistance and sales: Provided further, That
not more than $355,000,000 of funds realized pursuant
to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department
of Defense during fiscal year 1996 pursuant to section
43(b) of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular notifi-
cation 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,
$68,300,000.
TITLE IV—MULTILATERAL ECONOMIC
ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
CONTRIBUTION TO THE INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the International Bank for Recon-
struction and Development by the Secretary of the Treas-
ury, for the United States share of the paid-in share por-
tion of the increases in capital stock for the General Cap-
ital Increase, $23,009,000, to remain available until ex-
pended.
For payment to the International Bank for Recon-
struction and Development by the Secretary of the Treas-
ury, for the United States contribution to the Global Envi-
ronment Facility (GEF), $30,000,000, to remain available
until September 30, 1997.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the International
Bank for Reconstruction and Development may subscribe
without fiscal year limitation to the callable capital portion
of the United States share of increases in capital stock
in an amount not to exceed $743,900,000.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION
For payment to the International Development Asso-
ciation by the Secretary of the Treasury, $575,000,000,
for the United States contribution to the tenth replenish-
ment, 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, $25,950,000.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Inter-American
Development Bank may subscribe without fiscal year limi-
tation to the callable capital portion of the United States
share of such capital stock in an amount not to exceed
$1,523,000,000.
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,
$13,200,000, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Asian Develop-
ment Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share
of such capital stock in an amount not to exceed
$647,000,000.
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 Devel-
opment Bank Act, as amended (Public Law 89–369),
$100,000,000, to remain available until expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruc-
tion and Development by the Secretary of the Treasury,
$69,180,000, for the United States share of the paid-in
share portion of the initial capital subscription, to remain
available until expended: Provided, That of the amount ap-
propriated under this heading not more than $54,600,000
may be expended for the purchase of such stock in fiscal
year 1996.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank
for Reconstruction and Development may subscribe with-
out fiscal year limitation to the callable capital portion of
the United States share of such capital stock in an amount
not to exceed $161,400,000.
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
Development Bank may subscribe without fiscal year limi-
tation to the callable capital portion of the United States
share of the capital stock of the North American Develop-
ment Bank in an amount not to exceed $318,750,000.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions
of section 301 of the Foreign Assistance Act of 1961, and
of section 2 of the United Nations Environment Program
Participation Act of 1973, $155,000,000: 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 funds ap-
propriated under this heading may be made available for
the International Atomic Energy Agency only if the Sec-
retary of State determines (and so reports to the Con-
gress) that Israel is not being denied its right to partici-
pate in the activities of that Agency: 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 $25,000,000 of the funds appropriated under
this heading may be made available to the UNFPA: Pro-
vided further, That not more than one-half of this amount
may be provided to UNFPA before March 1, 1996, and
that no later than February 15, 1996, the Secretary of
State shall submit a report to the Committees on Appro-
priations indicating the amount UNFPA is budgeting for
the People’s Republic of China in 1996: Provided further,
That any amount UNFPA plans to spend in the People’s
Republic of China in 1996 above $7,000,000, shall be de-
ducted from the amount of funds provided to UNFPA
after March 1, 1996 pursuant to the previous provisos:
Provided further, That with respect to any funds appro-
priated under this heading that are made available to
UNFPA, UNFPA shall be required to maintain such
funds in a separate account and not commingle them with
any other funds: Provided further, That up to $13,000,000
may be made available to the Korean Peninsula Energy
Development Organization (KEDO) for administrative ex-
penses and heavy fuel oil costs associated with the Frame-
work Agreement: Provided further, That additional funds
may be made available to KEDO subject to the regular
notification procedures of the Committees on Appropria-
tions.
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 avail-
able pursuant to this Act, not to exceed $126,500 shall
be for official residence expenses of the Agency for Inter-
national Development during the current fiscal year: Pro-
vided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $5,000 shall be
for entertainment expenses of the Agency for International
Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for the Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars:
Provided further, That of the funds made available by this
Act for general costs of administering military assistance
and sales under the heading ‘‘Foreign Military Financing
Program’’, not to exceed $2,000 shall be available for en-
tertainment expenses and not to exceed $50,000 shall be
available for representation allowances: Provided further,
That of the funds made available by this Act under the
heading ‘‘International Military Education and Training’’,
not to exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation,
not to exceed $2,000 shall be available for entertainment
and representation allowances: Provided further, That of
the funds made available by this Act for the Peace Corps,
not to exceed a total of $4,000 shall be available for enter-
tainment expenses: Provided further, That of the funds
made available by this Act under the heading ‘‘Trade and
Development Agency’’, not to exceed $2,000 shall be avail-
able for representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made
available (other than funds for ‘‘International Organiza-
tions and Programs’’) pursuant to this Act, for carrying
out the Foreign Assistance Act of 1961, may be used, ex-
cept for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance or repara-
tions to Cuba, Iraq, Libya, North Korea, Iran, Serbia,
Sudan, or Syria: Provided, That for purposes of this sec-
tion, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance and guarantees of
the Export-Import Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance to any coun-
try whose duly elected Head of Government is deposed by
military coup or decree: Provided, That assistance may be
resumed to such country if the President determines and
reports to the Committees on Appropriations that subse-
quent to the termination of assistance a democratically
elected government has taken office.
TRANSFERS BETWEEN ACCOUNTS
SEC. 509. None of the funds made available by this
Act may be obligated under an appropriation account to
which they were not appropriated, except for transfers
specifically provided for in this Act, unless the President,
prior to the exercise of any authority contained in the For-
eign Assistance Act of 1961 to transfer funds, consults
with and provides a written policy justification to the
Committees on Appropriations of the House of Represent-
atives and the Senate: Provided, That the exercise of such
authority shall be subject to the regular notification proce-
dures of the Committees on Appropriations, except for
transfers specifically referred to in this Act.
DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. Amounts certified pursuant to section
1311 of the Supplemental Appropriations Act, 1955, as
having been obligated against appropriations heretofore
made under the authority of the Foreign Assistance Act
of 1961 for the same general purpose as any of the head-
ings under title II of this Act are, if deobligated, hereby
continued available for the same period as the respective
appropriations under such headings or until September
30, 1996, whichever is later, and for the same general pur-
pose, and for countries within the same region as origi-
nally obligated: Provided, That the Appropriations Com-
mittees of both Houses of the Congress are notified fifteen
days in advance of the deobligation and reobligation of
such funds in accordance with regular notification proce-
dures of the Committees on Appropriations.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in
this Act shall remain available for obligation after the ex-
piration of the current fiscal year unless expressly so pro-
vided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8 and 11 of part I, section
667, and chapter 4 of part II of the Foreign Assistance
Act of 1961, as amended, and funds provided under the
heading ‘‘Assistance for Eastern Europe and the Baltic
States’’, shall remain available until expended if such
funds are initially obligated before the expiration of their
respective periods of availability contained in this Act:
Provided further, That, notwithstanding any other provi-
sion of this Act, any funds made available for the purposes
of chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 which are allocated or ob-
ligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall re-
main available until expended: Provided further, That the
report required by section 653(a) of the Foreign Assist-
ance 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 purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in
this Act shall be used to furnish assistance to any country
which is in default during a period in excess of one cal-
endar year in payment to the United States of principal
or interest on any loan made to such country by the Unit-
ed States pursuant to a program for which funds are ap-
propriated under this Act: Provided, That this section and
section 620(q) of the Foreign Assistance Act of 1961 shall
not apply to funds made available in this Act or during
the current fiscal year for Nicaragua, and for any narcot-
ics-related assistance for Colombia, Bolivia, and Peru au-
thorized by the Foreign Assistance Act of 1961 or the
Arms Export Control Act.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or
made available pursuant to this Act for direct assistance
and none of the funds otherwise made available pursuant
to this Act to the Export-Import Bank and the Overseas
Private Investment Corporation shall be obligated or ex-
pended to finance any loan, any assistance or any other
financial commitments for establishing or expanding pro-
duction of any commodity for export by any country other
than the United States, if the commodity is likely to be
in surplus on world markets at the time the resulting pro-
ductive capacity is expected to become operative and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Ex-
port-Import Bank if in the judgment of its Board of Direc-
tors the benefits to industry and employment in the Unit-
ed States are likely to outweigh the injury to United
States producers of the same, similar, or competing com-
modity.
(b) None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing
or breeding feasibility study, variety improvement or intro-
duction, consultancy, publication, conference, or training
in connection with the growth or production in a foreign
country of an agricultural commodity for export which
would compete with a similar commodity grown or pro-
duced in the United States: Provided, That this subsection
shall not prohibit—
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact in the export of agricul-
tural commodities of the United States; or
(2) research activities intended primarily to
benefit American producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall in-
struct the United States Executive Directors of the Inter-
national Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development
Bank, the International Monetary Fund, the Asian Devel-
opment Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the Euro-
pean Bank for Reconstruction and Development, the Afri-
can Development Bank, and the African Development
Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds
appropriated or made available pursuant to this Act, for
the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the Execu-
tive Branch with the necessary administrative flexibility,
none of the funds made available under this Act for ‘‘Child
Survival and Disease Programs Fund’’, ‘‘Development As-
sistance Fund’’, ‘‘Development Fund for Africa’’, ‘‘Inter-
national organizations and programs’’, ‘‘Trade and Devel-
opment Agency’’, ‘‘International narcotics control’’, ‘‘As-
sistance for Eastern Europe and the Baltic States’’, ‘‘As-
sistance 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 Agen-
cy for International Development Office of Inspector Gen-
eral’’, ‘‘Nonproliferation and Disarmament Fund’’, ‘‘Anti-
terrorism assistance’’, ‘‘Foreign Military Financing Pro-
gram’’, ‘‘International military education and training’’,
‘‘Inter-American Foundation’’, ‘‘African Development
Foundation’’, ‘‘Peace Corps’’, ‘‘Migration and refugee as-
sistance’’, or ‘‘United States Emergency Refugee and Mi-
gration Assistance Fund’’, shall be available for obligation
for activities, programs, projects, type of materiel assist-
ance, countries, or other operations not justified or in ex-
cess of the amount justified to the Appropriations Com-
mittees for obligation under any of these specific headings
unless the Appropriations Committees of both Houses of
Congress are previously notified fifteen days in advance:
Provided, That the President shall not enter into any com-
mitment 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 ammu-
nition, or other major defense items defined to be aircraft,
ships, missiles, or combat vehicles, not previously justified
to Congress or 20 per centum in excess of the quantities
justified to Congress unless the Committees on Appropria-
tions are notified fifteen days in advance of such commit-
ment: 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 Assistance Act
of 1961 of less than 20 per centum of the amount pre-
viously 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 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, shall be provided as
early as practicable, but in no event later than three days
after taking the action to which such notification require-
ment was applicable, in the context of the circumstances
necessitating such waiver: Provided further, That any noti-
fication provided pursuant to such a waiver shall contain
an explanation of the emergency circumstances.
Drawdowns made pursuant to section 506(a)(2) of
the Foreign Assistance Act of 1961 shall be subject to the
regular notification procedures of the Committees on Ap-
propriations.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. Notwithstanding any other provision of law
or of this Act, none of the funds provided for ‘‘Inter-
national Organizations and Programs’’ shall be available
for the United States proportionate share, in accordance
with section 307(c) of the Foreign Assistance Act of 1961,
for any programs identified in section 307, or for Libya,
Iran, or, at the discretion of the President, Communist
countries listed in section 620(f) of the Foreign Assistance
Act of 1961, as amended: Provided, That, subject to the
regular notification procedures of the Committees on Ap-
propriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign
operations, export financing, and related programs, which
are returned or not made available for organizations and
programs because of the implementation of this section
or any similar provision of law, shall remain available for
obligation through September 30, 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 Con-
gress recognizes that, in fulfilling its obligations under the
Treaty of Peace Between the Arab Republic of Egypt and
the State of Israel, done at Washington on March 26,
1979, Israel incurred severe economic burdens. Further-
more, the Congress recognizes that an economically and
militarily secure Israel serves the security interests of the
United States, for a secure Israel is an Israel which has
the incentive and confidence to continue pursuing the
peace process. Therefore, the Congress declares that, sub-
ject to the availability of appropriations, it is the policy
and the intention of the United States that the funds pro-
vided in annual appropriations for the Economic Support
Fund which are allocated to Israel shall not be less than
the annual debt repayment (interest and principal) from
Israel to the United States Government in recognition that
such a principle serves United States interests in the
region.
PROHIBITION CONCERNING ABORTIONS AND
INVOLUNTARY STERILIZATION
SEC. 518. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as
amended, may be used to pay for the performance of abor-
tions as a method of family planning or to motivate or
coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assist-
ance Act of 1961, as amended, may be used to pay for
the performance of involuntary sterilization as a method
of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of
the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay
for any biomedical research which relates in whole or in
part, to methods of, or the performance of, abortions or
involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if
the President certifies that the use of these funds by any
such country or organization would violate any of the
above provisions related to abortions and involuntary steri-
lizations.
REPORTING REQUIREMENT
SEC. 519. The President shall submit to the Commit-
tees on Appropriations the reports required by section
25(a)(1) of the Arms Export Control Act.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated in this Act
shall be obligated or expended for Colombia, Dominican
Republic, Guatemala, Haiti, Indonesia, Liberia, Nica-
ragua, Peru, Russia, Sudan, or Zaire except as provided
through the regular notification procedures of the Com-
mittees on Appropriations: Provided, That this section
shall not apply to funds appropriated by this Act to carry
out the provisions of chapter 1 of part I of the Foreign
Assistance Act of 1961 that are made available for Indo-
nesia and Nicaragua.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the Appropria-
tions Act account level and shall include all Appropriations
and Authorizations Acts earmarks, ceilings, and limita-
tions with the exception that for the following accounts:
Economic Support Fund and Foreign Military Financing
Program, ‘‘program, project, and activity’’ shall also be
considered to include country, regional, and central pro-
gram level funding within each such account; for the devel-
opment assistance accounts of the Agency for Inter-
national Development ‘‘program, project, and activity’’
shall also be considered to include central program level
funding, either as (1) justified to the Congress, or (2) allo-
cated by the executive branch in accordance with a report,
to be provided to the Committees on Appropriations within
thirty days of enactment of this Act, as required by section
653(a) of the Foreign Assistance Act of 1961.
CHILD SURVIVAL AND AIDS ACTIVITIES
SEC. 522. Up to $8,000,000 of the funds made avail-
able by this Act for assistance for family planning, health,
child survival, and AIDS, may be used to reimburse Unit-
ed States Government agencies, agencies of State govern-
ments, institutions of higher learning, and private and vol-
untary organizations for the full cost of individuals (in-
cluding for the personal services of such individuals) de-
tailed or assigned to, or contracted by, as the case may
be, the Agency for International Development for the pur-
pose of carrying out family planning activities, child sur-
vival activities and activities relating to research on, and
the treatment and control of, acquired immune deficiency
syndrome in developing countries: Provided, That funds
appropriated by this Act that are made available for child
survival activities or activities relating to research on, and
the treatment and control of, acquired immune deficiency
syndrome may be made available notwithstanding any pro-
vision of law that restricts assistance to foreign countries:
Provided further, That funds appropriated by this Act that
are made available for family planning activities may be
made available notwithstanding section 512 of this Act
and section 620(q) of the Foreign Assistance Act of 1961.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES
SEC. 523. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
to finance indirectly any assistance or reparations to
Cuba, Iraq, Libya, Iran, Syria, North Korea, or the Peo-
ple’s Republic of China, unless the President of the United
States certifies that the withholding of these funds is con-
trary to the national interest of the United States.
RECIPROCAL LEASING
SEC. 524. Section 61(a) of the Arms Export Control
Act is amended by striking out ‘‘1995’’ and inserting in
lieu thereof ‘‘1996’’.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 525. Prior to providing excess Department of
Defense articles in accordance with section 516(a) of the
Foreign Assistance Act of 1961, the Department of De-
fense shall notify the Committees on Appropriations to the
same extent and under the same conditions as are other
committees pursuant to subsection (c) of that section: Pro-
vided, 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 accordance with the regular notification
procedures of such Committees: Provided further, That
such Committees shall also be informed of the original ac-
quisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
SEC. 526. Funds appropriated by this Act may be
obligated and expended subject to section 10 of Public
Law 91–672 and section 15 of the State Department
Basic Authorities Act of 1956.
OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES
BY INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 527. (a) INSTRUCTIONS FOR UNITED STATES
EXECUTIVE DIRECTORS.—The Secretary of the Treasury
shall instruct the United States Executive Director of each
international financial institution designated in subsection
(b), and the Administrator of the Agency for International
Development shall instruct the United States Executive
Director of the International Fund for Agriculture Devel-
opment, to use the voice and vote of the United States
to oppose any loan or other use of the funds of the respec-
tive institution to or for a country for which the Secretary
of State has made a determination under section 6(j) of
the Export Administration Act of 1979.
(b) DEFINITION.—For purposes of this section, the
term ‘‘international financial institution’’ includes—
(1) the International Bank for Reconstruction
and Development, the International Development
Association, and the International Monetary Fund;
and
(2) wherever applicable, the Inter-American De-
velopment Bank, the Asian Development Bank, the
African Development Bank, the African Develop-
ment Fund, and the European Bank for Reconstruc-
tion and Development.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 528. Notwithstanding any other provision of
law, and subject to the regular notification requirements
of the Committees on Appropriations, the authority of sec-
tion 23(a) of the Arms Export Control Act may be used
to provide financing to Israel and Egypt and NATO and
major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not in-
cluding Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian applica-
tion), if the President determines that there are compel-
ling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather
than by government-to-government sale under such Act.
STINGERS IN THE PERSIAN GULF REGION
SEC. 529. Except as provided in section 581 of the
Foreign Operations, Export Financing, and Related Pro-
grams 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 Ex-
port Control Act or chapter 2 of part II of the Foreign
Assistance Act of 1961.
DEBT-FOR-DEVELOPMENT
SEC. 530. In order to enhance the continued partici-
pation of nongovernmental organizations in economic as-
sistance activities under the Foreign Assistance Act of
1961, including endowments, debt-for-development and
debt-for-nature exchanges, a nongovernmental organiza-
tion 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 currencies which accrue to that organization as
a result of economic 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 pro-
vided to that organization.
LOCATION OF STOCKPILES
SEC. 531. Section 514(b)(2) of the Foreign Assist-
ance Act of 1961 is amended by striking out ‘‘a total of
$200,000,000 for stockpiles in Israel for fiscal years 1994
and 1995, up to $40,000,000 may be made available for
stockpiles in the Republic of Korea, and up to
$10,000,000 may be made available for stockpiles in Thai-
land for fiscal year 1995.’’ and inserting in lieu thereof
(2) USES
OF LOCAL CURRENCIES.—As may be
agreed upon with the foreign government, local currencies
deposited in a separate account pursuant to subsection
(a), or an equivalent amount of local currencies, shall be
used only—
(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
disbursed pursuant to subsection (a)(2)(A) from the sepa-
rate 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 chap-
ters 1 or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which re-
main in a separate account established pursuant to sub-
section (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 pro-
visos contained under the heading ‘‘Sub-Saharan Africa,
Development 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
Foreign Assistance Act of 1961.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) If assistance is made available to the government of
a foreign 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 assist-
ance, that country shall be required to maintain such
funds in a separate account and not commingle them with
any other funds.
(2) APPLICABILITY
OF
OTHER
PROVISIONS
OF
LAW.—Such funds may be obligated and expended not-
withstanding 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 Res-
olution 648 (H. Report No. 98–1159).
(3) NOTIFICATION.—At least fifteen days prior to ob-
ligating any such cash transfer or nonproject sector assist-
ance, the President shall submit a notification through the
regular notification procedures of the Committees on Ap-
propriations, 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 served by the assistance (including, as appropriate, a
description 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 Commit-
tees on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE
DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 533. (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
institution 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 institu-
tion at a rate in excess of the rate provided for an individ-
ual occupying a position at level V of the Executive Sched-
ule 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 De-
velopment Fund, the African Development Bank, the Afri-
can Development Fund, the International Monetary Fund,
the North American Development Bank, and the Euro-
pean Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 534. (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 Export Control Act may be used to provide assist-
ance 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 human-
itarian 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
the United States imposed with respect to Iraq, Serbia,
or Montenegro, as the case may be and is consistent with
the national interest, the President may prohibit, for such
a period of time as he considers appropriate, the importa-
tion into the United States of any or all products of any
foreign country that has not prohibited—
(1) the importation of products of Iraq, Serbia,
or Montenegro into its customs territory, and
(2) the export of its products to Iraq, Serbia,
or Montenegro, as the case may be.
POW/MIA MILITARY DRAWDOWN
SEC. 535. (a) Notwithstanding any other provision
of law, the President may direct the drawdown, without
reimbursement by the recipient, of defense articles from
the stocks of the Department of Defense, defense services
of the Department of Defense, and military education and
training, of an aggregate value not to exceed $15,000,000
in fiscal year 1996, as may be necessary to carry out sub-
section (b).
(b) Such defense articles, services and training may
be provided to Vietnam, Cambodia and Laos, under sub-
section (a) as the President determines are necessary to
support efforts to locate and repatriate members of the
United States Armed Forces and civilians employed di-
rectly or indirectly by the United States Government who
remain unaccounted for from the Vietnam War, and to
ensure the safety of United States Government personnel
engaged in such cooperative efforts and to support United
States Department of Defense-sponsored humanitarian
projects associated with the POW/MIA efforts. Any air-
craft shall be provided under this section only to Laos and
only on a lease or loan basis, but may be provided at no
cost notwithstanding section 61 of the Arms Export Con-
trol Act and may be maintained with defense articles, serv-
ices and training provided under this section.
(c) The President shall, within sixty days of the end
of any fiscal year in which the authority of subsection (a)
is exercised, submit a report to the Congress which identi-
fies the articles, services, and training drawn down under
this section.
MEDITERRANEAN EXCESS DEFENSE ARTICLES
SEC. 536. During fiscal year 1996, the provisions of
section 573(e) of the Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1990,
shall be applicable, for the period specified therein, to ex-
cess defense articles made available under sections 516
and 519 of the Foreign Assistance Act of 1961.
CASH FLOW FINANCING
SEC. 537. For each country that has been approved
for cash flow financing (as defined in section 25(d) of the
Arms Export Control Act, as added by section 112(b) of
Public Law 99–83) under the Foreign Military Financing
Program, any Letter of Offer and Acceptance or other
purchase agreement, or any amendment thereto, for a pro-
curement in excess of $100,000,000 that is to be financed
in whole or in part with funds made available under this
Act shall be submitted through the regular notification
procedures to the Committees on Appropriations.
AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER-
ICAN
FOUNDATION
AND
THE
AFRICAN
DEVELOP-
MENT FOUNDATION
SEC. 538. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropria-
tions for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities au-
thorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Develop-
ment Foundation Act. The appropriate agency shall
promptly report to the Committees on Appropriations
whenever it is conducting activities or is proposing to con-
duct activities in a country for which assistance is prohib-
ited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 539. None of the funds appropriated by this Act
may be obligated or expended to provide—
(a) any financial incentive to a business enter-
prise currently located in the United States for the
purpose of inducing such an enterprise to relocate
outside the United States if such incentive or in-
ducement is likely to reduce the number of employ-
ees of such business enterprise in the United States
because United States production is being replaced
by such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export process-
ing zone or designated area in which the tax, tariff,
labor, environment, and safety laws of that country
do not apply, in part or in whole, to activities car-
ried out within that zone or area, unless the Presi-
dent determines and certifies that such assistance is
not likely to cause a loss of jobs within the United
States; or
(c) assistance for any project or activity that
contributes to the violation of internationally recog-
nized workers rights, as defined in section 502(a)(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in
that country: Provided, That in recognition that the
application of this subsection should be commensu-
rate with the level of development of the recipient
country and sector, the provisions of this subsection
shall not preclude assistance for the informal sector
in such country, micro and small-scale enterprise,
and smallholder agriculture.
AUTHORITY TO ASSIST BOSNIA-HERCEGOVINA
SEC. 540. (a) Congress finds as follows:
(1) The United Nations has imposed an embar-
go on the transfer of arms to any country on the
territory of the former Yugoslavia.
(2) The federated states of Serbia and
Montenegro have a large supply of military equip-
ment and ammunition and the Serbian forces fight-
ing the government of Bosnia-Hercegovina have
more than one thousand battle tanks, armored vehi-
cles, and artillery pieces.
(3) Because the United Nations arms embargo
is serving to sustain the military advantage of the
aggressor, the United Nations should exempt the
government of Bosnia-Hercegovina from its embar-
go.
(b) Pursuant to a lifting of the United Nations arms
embargo, or to a unilateral lifting of the arms embargo
by the President of the United States, against Bosnia-
Hercegovina, the President is authorized to transfer, sub-
ject to prior notification of the Committees on Appropria-
tions, to the government of that nation, without reim-
bursement, defense articles from the stocks of the Depart-
ment of Defense and defense services of the Department
of Defense of an aggregate value not to exceed
$50,000,000 in fiscal year 1996: Provided, That the Presi-
dent certifies in a timely fashion to the Congress that the
transfer of such articles would assist that nation in self-
defense and thereby promote the security and stability of
the region.
(c) Within 60 days of any transfer under the author-
ity provided in subsection (b), and every 60 days there-
after, the President shall report in writing to the Speaker
of the House of Representatives and the President pro
tempore of the Senate concerning the articles transferred
and the disposition thereof.
(d) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse
the applicable appropriation, fund, or account for defense
articles provided under this section.
RESTRICTIONS ON THE TERMINATION OF SANCTIONS
AGAINST SERBIA AND MONTENEGRO
SEC. 540A. (a) RESTRICTIONS.—Notwithstanding
any other provision of law, no sanction, prohibition, or re-
quirement described in section 1511 of the National De-
fense Authorization Act for Fiscal Year 1994 (Public Law
103–160), with respect to Serbia or Montenegro, may
cease to be effective, unless—
(1) the President first submits to the Congress
a certification described in subsection (b); and
(2) the requirements of section 1511 of that
Act are met.
(b) CERTIFICATION.—A certification described in this
subsection is a certification that—
(1) there is substantial progress toward—
(A) the realization of a separate identity
for Kosova and the right of the people of
Kosova to govern themselves; or
(B) the creation of an international protec-
torate for Kosova;
(2) there is substantial improvement in the
human rights situation in Kosova;
(3) international human rights observers are al-
lowed to return to Kosova; and
(4) the elected government of Kosova is per-
mitted to meet and carry out its legitimate mandate
as elected representatives of the people of Kosova.
SPECIAL AUTHORITIES
SEC. 541. (a) Funds appropriated in title II of this
Act that are made available for Haiti, Afghanistan, Leb-
anon, and Cambodia, and for victims of war, displaced
children, displaced Burmese, humanitarian assistance for
Romania, and humanitarian assistance for the peoples of
Bosnia-Hercegovina, Croatia, and Kosova, may be made
available notwithstanding any other provision of law: Pro-
vided, That any such funds that are made available for
Cambodia shall be subject to the provisions of section
531(e) of the Foreign Assistance Act of 1961 and section
906 of the International Security and Development Co-
operation Act of 1985: Provided further, That the Presi-
dent shall terminate assistance to any country or organiza-
tion that he determines is cooperating, tactically or strate-
gically, with the Khmer Rouge in their military operations.
(b) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106 of the Foreign As-
sistance Act of 1961 may be used, notwithstanding any
other provision of law, for the purpose of supporting tropi-
cal forestry and energy programs aimed at reducing emis-
sions of greenhouse gases, and for the purpose of support-
ing biodiversity conservation activities: Provided, That
such assistance shall be subject to sections 116, 502B, and
620A of the Foreign Assistance Act of 1961.
(c) During fiscal year 1996, the President may use
up to $40,000,000 under the authority of section 451 of
the Foreign Assistance Act of 1961, notwithstanding the
funding ceiling contained in subsection (a) of that section.
(d) The Agency for International Development may
employ personal services contractors, notwithstanding any
other provision of law, for the purpose of administering
programs for the West Bank and Gaza.
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT
OF ISRAEL
SEC. 542. It is the sense of the Congress that—
(1) the Arab League countries should imme-
diately and publicly renounce the primary boycott of
Israel and the secondary and tertiary boycott of
American firms that have commercial ties with Is-
rael; and
(2) the President should—
(A) take more concrete steps to encourage
vigorously Arab League countries to renounce
publicly the primary boycotts of Israel and the
secondary and tertiary boycotts of American
firms that have commercial relations with Israel
as a confidence-building measure;
(B) take into consideration the participa-
tion of any recipient country in the primary
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commer-
cial relations with Israel when determining
whether to sell weapons to said country;
(C) report to Congress on the specific
steps being taken by the President to bring
about a public renunciation of the Arab primary
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commer-
cial relations with Israel; and
(D) encourage the allies and trading part-
ners of the United States to enact laws prohib-
iting businesses from complying with the boy-
cott and penalizing businesses that do comply.
ANTI-NARCOTICS ACTIVITIES
SEC. 543. (a) Of the funds appropriated or otherwise
made available by this Act for ‘‘Economic Support Fund’’,
assistance may be provided to strengthen the administra-
tion of justice in countries in Latin America and the Car-
ibbean in accordance with the provisions of section 534
of the Foreign Assistance Act of 1961, except that pro-
grams to enhance protection of participants in judicial
cases may be conducted notwithstanding section 660 of
that Act.
(b) Funds made available pursuant to this section
may be made available notwithstanding the third sentence
of section 534(e) of the Foreign Assistance Act of 1961.
Funds made available pursuant to subsection (a) for Bo-
livia, Colombia and Peru may be made available notwith-
standing section 534(c) and the second sentence of section
534(e) of the Foreign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 544. (a) ASSISTANCE THROUGH NONGOVERN-
MENTAL ORGANIZATIONS.—Restrictions contained in this
or any other Act with respect to assistance for a country
shall not be construed to restrict assistance in support of
programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act
of 1961: Provided, That the President shall take into con-
sideration, in any case in which a restriction on assistance
would be applicable but for this subsection, whether assist-
ance in support of programs of nongovernmental organiza-
tions is in the national interest of the United States: Pro-
vided further, That before using the authority of this sub-
section to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify
the Committees on Appropriations under the regular noti-
fication procedures of those committees, including a de-
scription of the program to be assisted, the assistance to
be provided, and the reasons for furnishing such assist-
ance: Provided further, That nothing in this subsection
shall be construed to alter any existing statutory prohibi-
tions against abortion or involuntary sterilizations con-
tained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 1996, re-
strictions contained in this or any other Act with respect
to assistance for a country shall not be construed to re-
strict assistance under the Agricultural Trade Develop-
ment 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 reg-
ular notification procedures of the Committees on Appro-
priations.
(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
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision
of law prohibiting assistance to countries that violate
internationally recognized human rights.
CEILINGS
SEC. 545. Ceilings and earmarks contained in this
Act shall not be applicable to funds or authorities appro-
priated or otherwise made available by any subsequent Act
unless such Act specifically so directs.
EXCESS DEFENSE ARTICLES
SEC. 546. (a) The authority of section 519 of the
Foreign Assistance Act of 1961, as amended, may be used
in fiscal year 1996 to provide nonlethal excess defense ar-
ticles to countries for which United States foreign assist-
ance has been requested and for which receipt of such arti-
cles was separately justified for the fiscal year, without
regard to the restrictions in subsection (a) of section 519.
(b) The authority of section 516 of the Foreign As-
sistance Act of 1961, as amended, may be used in fiscal
year 1996 to provide defense articles to Jordan, except
that the provision of such defense articles shall be subject
to section 534 of this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 547. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not authorized before the date
of enactment of this Act by the Congress: Provided, That
none of the funds appropriated by this Act may be made
available to carry out the provisions of section 316 of Pub-
lic Law 96–533.
USE OF AMERICAN RESOURCES
SEC. 548. To the maximum extent possible, assist-
ance provided under this Act should make full use of
American resources, including commodities, products, and
services.
PROHIBITION OF PAYMENTS TO UNITED NATIONS
MEMBERS
SEC. 549. None of the funds appropriated or made
available pursuant to this Act for carrying out the Foreign
Assistance Act of 1961, may be used to pay in whole or
in part any assessments, arrearages, or dues of any mem-
ber of the United Nations.
CONSULTING SERVICES
SEC. 550. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to section 3109 of title 5, United
States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available
for public inspection, except where otherwise provided
under existing law, or under existing Executive order pur-
suant to existing law.
PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION
SEC. 551. None of the funds appropriated or made
available pursuant to this Act shall be available to a pri-
vate voluntary organization which fails to provide upon
timely request any document, file, or record necessary to
the auditing requirements of the Agency for International
Development.
PROHIBITION
ON
ASSISTANCE
TO
FOREIGN
GOVERN-
MENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIP-
MENT TO COUNTRIES SUPPORTING INTERNATIONAL
TERRORISM
SEC. 552. (a) None of the funds appropriated or oth-
erwise made available by this Act may be available to any
foreign government which provides lethal military equip-
ment to a country the government of which the Secretary
of State has determined is a terrorist government for pur-
poses of section 40(d) of the Arms Export Control Act.
The prohibition under this section with respect to a for-
eign government shall terminate 12 months after that gov-
ernment ceases to provide such military equipment. This
section applies with respect to lethal military equipment
provided under a contract entered into after the date of
enactment of this Act.
(b) Assistance restricted by subsection (a) or any
other similar provision of law, may be furnished if the
President determines that furnishing such assistance is
important to the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exer-
cised, the President shall submit to the appropriate con-
gressional committees a report with respect to the furnish-
ing of such assistance. Any such report shall include a de-
tailed explanation of the assistance to be provided, includ-
ing the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United
States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES
OWED BY FOREIGN COUNTRIES
SEC. 553. (a) IN GENERAL.—Of the funds made
available for a foreign country under part I of the Foreign
Assistance Act of 1961, an amount equivalent to 110 per-
cent of the total unpaid fully adjudicated parking fines
and penalties owed to the District of Columbia by such
country as of the date of enactment of this Act shall be
withheld from obligation for such country until the Sec-
retary of State certifies and reports in writing to the ap-
propriate congressional committees that such fines and
penalties are fully paid to the government of the District
of Columbia.
(b) DEFINITION.—For purposes of this section, the
term ‘‘appropriate congressional committees’’ means the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Inter-
national Relations and the Committee on Appropriations
of the House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE
WEST BANK AND GAZA
SEC. 554. None of the funds appropriated by this Act
may be obligated for assistance for the Palestine Libera-
tion Organization for the West Bank and Gaza unless the
President has exercised the authority under section 583(a)
of the Middle East Peace Facilitation Act of 1994 (part
E of title V of Public Law 103–236) or any other legisla-
tion to suspend or make inapplicable section 307 of the
Foreign Assistance Act of 1961 and that suspension is
still in effect: Provided, That if the President fails to make
the certification under section 583(b)(2) of the Middle
East Peace Facilitation Act or to suspend the prohibition
under other legislation, funds appropriated by this Act
may not be obligated for assistance for the Palestine Lib-
eration Organization for the West Bank and Gaza.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 555. Not to exceed 5 percent of any appropria-
tion other than for administrative expenses made available
for fiscal year 1996 for programs under title I of this Act
may be transferred between such appropriations for use
for any of the purposes, programs and activities for which
the funds in such receiving account may be used, but no
such appropriation, except as otherwise specifically pro-
vided, shall be increased by more than 25 percent by any
such transfer: Provided, That the exercise of such author-
ity shall be subject to the regular notification procedures
of the Committees on Appropriations.
WAR CRIMES TRIBUNALS
SEC. 556. If the President determines that doing so
will contribute to a just resolution of charges regarding
genocide or other violations of international humanitarian
law, the authority of section 552(c) of the Foreign Assist-
ance Act of 1961, as amended, may be used to provide
up to $25,000,000 of commodities and services to the
United Nations War Crimes Tribunal established with re-
gard to the former Yugoslavia by the United Nations Se-
curity Council or such other tribunals or commissions as
the Council may establish to deal with such violations,
without regard to the ceiling limitation contained in para-
graph (2) thereof: Provided, That the determination re-
quired under this section shall be in lieu of any determina-
tions otherwise required under section 552(c): Provided
further, That 60 days after the date of enactment of this
Act, and every 180 days thereafter, the Secretary of State
shall submit a report to the Committees on Appropriations
describing the steps the United States Government is tak-
ing to collect information regarding allegations of genocide
or other violations of international law in the former Yugo-
slavia and to furnish that information to the United Na-
tions War Crimes Tribunal for the former Yugoslavia.
NONLETHAL EXCESS DEFENSE ARTICLES
SEC. 557. Notwithstanding section 519(f) of the For-
eign Assistance Act of 1961, during fiscal year 1996,
funds available to the Department of Defense may be ex-
pended for crating, packing, handling and transportation
of nonlethal excess defense articles transferred under the
authority of section 519 to countries eligible to participate
in the Partnership for Peace and to receive assistance
under Public Law 101–179.
LANDMINES
SEC. 558. Notwithstanding any other provision of
law, demining equipment available to any department or
agency and used in support of the clearing of landmines
for humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and condi-
tions as the President may prescribe.
REPORT ON THE SALARIES AND BENEFITS OF THE IMF
AND THE WORLD BANK
SEC. 559. The Comptroller General shall submit a
report to the Committees on Appropriations not later than
November 1, 1995, on the following—
(1) a review of the existing salaries and benefits
of employees of the International Monetary Fund
and the International Bank for Reconstruction and
Development; and
(2) a review of all benefits paid to dependents
of Fund and Bank employees.
Such report shall include a comparison of the salaries and
benefits paid to employees and dependents of the Fund
and the Bank with salaries and benefits paid to employees
holding comparable positions in the public and private sec-
tors in member countries and in the international sector.
RESTRICTIONS CONCERNING THE PALESTINIAN
AUTHORITY
SEC. 560. None of the funds appropriated by this Act
may be obligated or expended to create in any part of Je-
rusalem a new office of any department or agency of the
United States Government for the purpose of conducting
official United States Government business with the Pal-
estinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-
PLO Declaration of Principles: Provided, That this sub-
section shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem:
Provided further, That meetings between officers and em-
ployees of the United States and officials of the Palestin-
ian Authority, or any successor Palestinian governing en-
tity provided for in the Israel-PLO Declaration of Prin-
ciples, for the purpose of conducting official United States
Government business with such authority should continue
to take place in locations other than Jerusalem. As has
been true in the past, officers and employees of the United
States Government may continue to meet in Jerusalem on
other subjects with Palestinians (including those who now
occupy positions in the Palestinian Authority), have social
contacts, and have incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 561. None of the funds appropriated or other-
wise made available by this Act under the heading
‘‘INTERNATIONAL MILITARY EDUCATION AND TRAINING’’
or ‘‘FOREIGN MILITARY FINANCING PROGRAM’’ for Infor-
mational Program activities may be obligated or expended
to pay for—
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Infor-
mational Program trips where students do not stay
at a military installation; or
(3) entertainment expenses for activities that
are substantially of a recreational character, includ-
ing entrance fees at sporting events and amusement
parks.
LIMITATION ON ASSISTANCE TO COUNTRIES THAT RE-
STRICT THE TRANSPORT OR DELIVERY OF UNITED
STATES HUMANITARIAN ASSISTANCE
SEC. 562. (a) IN GENERAL.—None of the funds
made available in this Act may be used for assistance in
support of any country when it is made known to the
President that the government of such country prohibits
or otherwise restricts, directly or indirectly, the transport
or delivery of United States humanitarian assistance.
(b) EXCEPTION.—Subsection (a) shall not apply to
assistance in support of any country when it is made
known to the President that the assistance is in the na-
tional security interest of the United States.
REFERENCES TO AUTHORIZATION ACTS
SEC. 563. The funds appropriated under the heading,
‘‘Child Survival and Disease Programs Fund’’ are pro-
vided pursuant to the Foreign Assistance Act, as amend-
ed: under sections 103 through 106 (Development Assist-
ance Fund), in the amount of $214,000,000; under part
I, chapter 10 (Development Fund for Africa), in the
amount of $131,000,000; under the provisions of section
498(6) (Assistance for the New Independent States of the
Former Soviet Union), in the amount of $15,000,000;
under the provisions of part I, chapter 1, section 104(c)
of the Foreign Assistance Act and the Support for East
European Democracy (SEED) Act of 1989, in the amount
of $1,000,000; under provisions of chapter 4, part II (Eco-
nomic Support Fund), in the amount of $23,000,000;
under the provisions of section 301, in the amount of
$100,000,000 as a contribution on a grant basis to the
United Nation’s Children’s Fund (UNICEF): Provided,
That funds derived from funds authorized under chapter
4, part II, shall be made available for projects meeting
criteria set forth in part I section 104(c): Provided further,
That funds appropriated under the heading ‘‘Child Sur-
vival and Disease Programs Fund’’ shall be in addition
to amounts otherwise available for such purposes.
PROHIBITION ON FUNDING FOR ABORTION
SEC. 564. (a) IN GENERAL.—
(1) Notwithstanding any other provision of this
Act or other law, none of the funds appropriated by
this Act for population assistance activities may be
made available for any private, nongovernmental, or
multilateral organization until the organization cer-
tifies that it does not now, and will not during the
period for which the funds are made available, di-
rectly or through a subcontractor or sub-grantee,
perform abortions in any foreign country, except
where the life of the mother would be endangered if
the fetus were carried to term or in cases of forcible
rape or incest.
(2) Paragraph (1) may not be construed to
apply to the treatment of injuries or illnesses caused
by legal or illegal abortions or to assistance provided
directly to the government of a country.
(b) LOBBYING ACTIVITIES .—
(1) Notwithstanding any other provision of this
Act or other law, none of the funds appropriated by
this Act for population assistance activities may be
made available for any private, nongovernmental, or
multilateral organization until the organization cer-
tifies that it does not now, and will not during the
period for which the funds are made available, vio-
late the laws of any foreign country concerning the
circumstances under which abortion is permitted,
regulated, or prohibited, or engage in any activity or
effort to alter the laws or governmental policies of
any foreign country concerning the circumstances
under which abortion is permitted, regulated, or pro-
hibited.
(2) Paragraph (1) shall not apply to activities
in opposition to coercive abortion or involuntary
sterilization.
(c) COERCIVE POPULATION CONTROL METHODS.—
Notwithstanding any other provision of this Act or other
law, none of the funds appropriated by this Act may be
made available for the United Nations Population Fund
(UNFPA), unless the President certifies to the appro-
priate congressional committees that (1) the United Na-
tions Population Fund has terminated all activities in the
People’s Republic of China; or (2) during the 12 months
preceding such certification, there have been no abortions
as the result of coercion associated with the family plan-
ning policies of the national government or other govern-
mental entities within the People’s Republic of China. As
used in this section the term ‘‘coercion’’ includes physical
duress or abuse, destruction or confiscation of property,
loss of means of livelihood, or severe psychological pres-
sure.
WITHHOLDING OF ASSISTANCE TO COUNTRIES
SUPPORTING NUCLEAR PLANT IN CUBA
SEC. 565. The President shall withhold from assist-
ance made available with funds appropriated or made
available pursuant to this Act an amount equal to the sum
of assistance and credits, if any, provided on or after the
date of the enactment of this Act by that country, or any
entity in that country, in support of the completion of the
Cuban nuclear facility at Juragua, near Cienfuegos, Cuba.
LIMITATION ON FUNDS FOR HAITI
SEC. 566. None of the funds appropriated in this Act
may be made available to the Government of Haiti when
it is made known to the President that such Government
is controlled by a regime holding power through means
other than the democratic elections scheduled for calendar
year 1995 and held pursuant to the requirements of the
1987 Constitution of Haiti.
PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS
SEC. 567. SENSE OF CONGRESS.—It is the sense of
the Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made avail-
able in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
LIMITATION ON ASSISTANCE TO TURKEY
SEC. 568. Not more than $21,000,000 of the funds
appropriated in this Act under the heading ‘‘ECONOMIC
SUPPORT FUND’’ may be made available to the Govern-
ment of Turkey.
LIMITATION OF FUNDS FOR NORTH AMERICAN
DEVELOPMENT BANK
SEC. 569. No funds appropriated in this Act under
the heading ‘‘North American Development Bank’’ may
be obligated or expended unless it is made known to the
Federal entity or official to which funds are appropriated
under this Act that the Government of Mexico has contrib-
uted a share of the paid-in portion of the capital stock
for fiscal year 1996 equivalent to that appropriated by the
United States.
LIMITATION ON FUNDS FOR BURMA
SEC. 570. None of the funds made available in this
Act may be used for International Narcotics Control or
Crop Substitution Assistance for the Government of
Burma.
LIMITATION ON FUNDS FOR RUSSIA
SEC. 571. Of the funds appropriated in this Act
under the heading ‘‘Assistance for the New Independent
States of the Former Soviet Union’’, not more than
$195,000,000 may be made available for Russia.
LIMITATION ON ASSISTANCE TO MEXICO
SEC. 572. IN GENERAL.—None of the funds appro-
priated or otherwise made available by this Act may be
obligated or expended for the Government of Mexico, ex-
cept if it is made known to the Federal entity or official
to which funds are appropriated under this Act that—
(1) the Government of Mexico is taking actions
to reduce the amount of illegal drugs entering the
United States from Mexico, as determined by the
Director of the Office of National Drug Control Pol-
icy; and
(2) the Government of Mexico—
(A) is taking effective actions to apply vig-
orously all law enforcement resources to inves-
tigate, track, capture, incarcerate, and pros-
ecute illegal drug kingpins and their accom-
plices, individuals responsible for, or otherwise
involved in, corruption, and individuals involved
in money-laundering; and
(B) is pursuing international anti-drug
trafficking initiatives.
HUMAN RIGHTS PROGRESS IN ETHIOPIA
SEC. 573. The Department of State should closely
monitor and take into account human rights progress in
Ethiopia as it obligates fiscal year 1996 funds for Ethiopia
appropriated in this Act.
BASIC EDUCATION FOR CHILDREN
Sec. 574. Not more than $108,000,000 under the
Agency for International Development Children and Dis-
ease Programs Fund may be used for basic education for
children.
This Act may be cited as the ‘‘Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 1996’’.
Passed the House of Representatives July 11, 1995.
Attest:
Clerk.