334
cal year request for the United States contribution to
KEDO, the expected operating budget of the Korean Pe-
ninsula Energy Development Organization, to include
proposed annual costs associated with heavy fuel oil pur-
chases and other related activities, and the amount of
funds pledged by other donor nations and organizations
to support KEDO activities on a per country basis.
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,
$43,475,000: Provided, That none of the funds appro-
priated under this heading shall be available for Zaire
and Guatemala: Provided further, That funds appro-
priated under this heading for grant financed military
education and training for Indonesia may only be avail-
able for expanded international 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, $3,164,000,000: Provided,
That of the funds appropriated by this paragraph not
less than $1,800,000,000 shall be available for grants
only for Israel, and not less than $1,300,000,000 shall be
335
available for grants only for Egypt: Provided further,
That the funds appropriated by this paragraph for Israel
shall be disbursed within thirty days of enactment of this
Act or by October 31, 1996, whichever is later: Provided
further, That to the extent that the Government of Israel
requests that funds be used for such purposes, grants
made available for Israel by this paragraph shall, as
agreed by Israel and the United States, be available for
advanced weapons systems, of which not less than
$475,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That of the
funds made available under this paragraph, $30,000,000
shall be available for assistance on a grant basis for Po-
land, Hungary, and the Czech Republic to carry out title
II of Public Law 103–477 and section 585 of Public Law
104–107: Provided further, That funds made available
under this paragraph shall be nonrepayable notwithstand-
ing any requirement in section 23 of the Arms Export
Control Act: Provided further, That, for the purpose only
of providing support for NATO expansion and the War-
saw Initiative Program, of the funds appropriated by this
Act under the headings ‘‘Assistance for Eastern Europe
and the Baltic States’’ and ‘‘Assistance for the New
Independent States of the Former Soviet Union’’, up to
336
a total of $7,000,000 may be transferred, notwithstand-
ing any other provision of law, to the funds appropriated
under this paragraph: Provided further, That none of the
funds made available under this heading shall be avail-
able for any non-NATO country participating in the
Partnership for Peace Program except through the regu-
lar notification procedures of the Committees on Appro-
priations.
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, $60,000,000: Provided, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans of not to exceed
$540,000,000: 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 of the funds appropriated under this
paragraph $20,000,000 shall be made available to Po-
land, Hungary, and the Czech Republic: Provided further,
That funds appropriated under this heading shall be
made available for Greece and Turkey only on a loan
basis, and the principal amount of direct loans for each
337
country shall not exceed the following: $122,500,000 only
for Greece and $175,000,000 only for Turkey.
None of the funds made available under this head-
ing shall be available to finance the procurement of de-
fense articles, defense services, or design and construc-
tion services that are not sold by the United States Gov-
ernment 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 country and funding level increases in allocations
shall be submitted through the regular notification proce-
dures of section 515 of this Act: Provided further, That
funds made available under this heading shall be obli-
gated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a):
Provided further, That none of the funds appropriated
under this heading shall be available for Zaire, Sudan,
Liberia, and Guatemala: Provided further, That funds
made available under this heading may be used, notwith-
standing any other provision of law, for activities related
to the clearance of landmines and unexploded ordnance,
and may include activities implemented through non-
governmental and international organizations: Provided
338
further, That only those countries for which assistance
was justified for the ‘‘Foreign Military Sales Financing
Program’’ in the fiscal year 1989 congressional presen-
tation for security assistance programs may utilize funds
made available under this heading for procurement of de-
fense articles, defense services or design and construction
services that are not sold by the United States Govern-
ment under the Arms Export Control Act: Provided fur-
ther, That, subject to the regular notification procedures
of the Committees on Appropriations, funds made avail-
able under this heading for the cost of direct loans may
also be used to supplement the funds available under this
heading for grants, and funds made available under this
heading for grants may also be used to supplement the
funds available under this heading for the cost of direct
loans: Provided further, That funds appropriated under
this heading shall be expended at the minimum rate nec-
essary to make timely payment for defense articles and
services: 
Provided 
further, 
That 
not 
more 
than
$23,250,000 of the funds appropriated under this head-
ing may be obligated for necessary expenses, including
the purchase of passenger motor vehicles for replacement
only for use outside of the United States, for the general
costs of administering military assistance and sales: Pro-
vided further, That not more than $355,000,000 of funds
339
realized pursuant to section 21(e)(1)(A) of the Arms Ex-
port Control Act may be obligated for expenses incurred
by the Department of Defense during fiscal year 1997
pursuant to section 43(b) of the Arms Export Control
Act, except that this limitation may be exceeded only
through the regular notification procedures of the Com-
mittees on Appropriations.
TITLE IV—MULTILATERAL ECONOMIC
ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
CONTRIBUTION TO THE INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the International Bank for Re-
construction and Development by the Secretary of the
Treasury, for the United States contribution to the Glob-
al Environment Facility (GEF), $35,000,000, to remain
available until September 30, 1998.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION
For payment to the International Development
Association 
by 
the 
Secretary 
of 
the 
Treasury,
$700,000,000, for the United States contribution to the
tenth replenishment, to remain available until expended:
Provided, That none of the funds may be obligated before
March 1, 1997: Provided further, That not less than
342
CONTRIBUTION TO THE EUROPEAN BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Recon-
struction and Development by the Secretary of the Treas-
ury, $11,916,447, for the United States share of the
paid-in share portion of the initial capital subscription, to
remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European
Bank for Reconstruction and Development may subscribe
without fiscal year limitation to the callable capital por-
tion of the United States share of such capital stock in
an amount not to exceed $27,805,043.
NORTH AMERICAN DEVELOPMENT BANK
For payment to the North American Development
Bank by the Secretary of the Treasury, for the United
States share of the paid-in portion of the capital stock,
$56,000,000, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the North Amer-
ican Development Bank may subscribe without fiscal year
limitation to the callable capital portion of the United
States share of the capital stock of the North American
Development Bank in an account not to exceed
$318,750,000.
343
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 Pro-
gram Participation Act of 1973, $169,950,000: Provided,
That none of the funds appropriated under this heading
shall be made available for the United Nations Fund for
Science and Technology: Provided further, That none of
the funds appropriated under this heading that are made
available to the United Nations Population Fund
(UNFPA) shall be made available for activities in the
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,
1997, and that no later than February 15, 1997, the
Secretary of State shall submit a report to the Commit-
tees on Appropriations indicating the amount UNFPA is
budgeting for the People’s Republic of China in 1997:
Provided further, That any amount UNFPA plans to
spend in the People’s Republic of China in 1997 shall be
deducted from the amount of funds provided to UNFPA
after March 1, 1997, pursuant to the previous provisos:
Provided further, That with respect to any funds appro-
344
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 none of the
funds appropriated under this heading may be made
available to the Korean Peninsula Energy Development
Organization (KEDO) or the International Atomic En-
ergy Agency (IAEA).
TITLE V—GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled
‘‘International Disaster Assistance’’, and ‘‘United States
Emergency Refugee and Migration Assistance Fund’’,
not more than 15 per centum of any appropriation item
made available by this Act shall be obligated during the
last month of availability.
PROHIBITION OF BILATERAL FUNDING FOR
INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 502. None of the funds contained in title II
of this Act may be used to carry out the provisions of
section 209(d) of the Foreign Assistance Act of 1961.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made
available pursuant to this Act, not to exceed $126,500
shall be for official residence expenses of the Agency for
International Development during the current fiscal year:
345
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.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made
available pursuant to this Act, not to exceed $5,000 shall
be for entertainment expenses of the Agency for Inter-
national Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made
available pursuant to this Act, not to exceed $95,000
shall be 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 entertainment expenses and not to exceed
$50,000 shall be available for representation allowances:
Provided further, That of the funds made available by
this Act under the heading ‘‘International Military Edu-
cation and Training’’, not to exceed $50,000 shall be
available for entertainment allowances: Provided further,
346
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 allow-
ances: Provided further, That of the funds made available
by this Act for the Peace Corps, not to exceed a total of
$4,000 shall be available for entertainment expenses:
Provided further, That of the funds made available by
this Act under the heading ‘‘Trade and Development
Agency’’, not to exceed $2,000 shall be available for rep-
resentation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or
made available (other than funds for ‘‘Nonproliferation,
Antiterrorism, Demining and Related Programs’’) pursu-
ant to this Act, for carrying out the Foreign Assistance
Act of 1961, may be used, except for purposes of nuclear
safety, to finance the export of nuclear equipment, fuel,
or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or oth-
erwise made available pursuant to this Act shall be obli-
gated or expended to finance directly any assistance or
reparations to Cuba, Iraq, Libya, North Korea, Iran,
Sudan, or Syria: Provided, That for purposes of this sec-
tion, the prohibition on obligations or expenditures shall
347
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 oth-
erwise made available pursuant to this Act shall be obli-
gated or expended to finance directly any assistance to
any country whose duly elected Head of Government is
deposed by military coup or decree: Provided, That assist-
ance may be resumed to such country if the President de-
termines and reports to the Committees on Appropria-
tions that subsequent to the termination of assistance a
democratically elected government has taken office.
TRANSFERS BETWEEN ACCOUNTS
SEC. 509. None of the funds made available by
this Act may be obligated under an appropriation account
to which they were not appropriated, except for transfers
specifically provided for in this Act, unless the President,
prior to the exercise of any authority contained in the
Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification
to the Committees on Appropriations of the House of
Representatives and the Senate.
DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. (a) Amounts certified pursuant to sec-
tion 1311 of the Supplemental Appropriations Act, 1955,
as having been obligated against appropriations here-
348
tofore made under the authority of the Foreign Assist-
ance Act of 1961 for the same general purpose as any
of the headings under title II of this Act are, if
deobligated, hereby continued available for the same pe-
riod as the respective appropriations under such headings
or until September 30, 1997, whichever is later, and for
the same general purpose, and for countries within the
same region as originally obligated: Provided, That the
Appropriations Committees of both Houses of the Con-
gress are notified fifteen days in advance of the reobliga-
tion of such funds in accordance with regular notification
procedures of the Committees on Appropriations.
(b) Obligated balances of funds appropriated to
carry out section 23 of the Arms Export Control Act as
of the end of the fiscal year immediately preceding the
current fiscal year are, if deobligated, hereby continued
available during the current fiscal year for the same pur-
pose under any authority applicable to such appropria-
tions under this Act: Provided, That the authority of this
subsection may not be used in fiscal year 1997.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained
in this Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated
for the purposes of chapters 1, 8, and 11 of part I, sec-
349
tion 667, and chapter 4 of part II of the Foreign Assist-
ance Act of 1961, as amended, and funds provided under
the heading ‘‘Assistance for Eastern Europe and the Bal-
tic 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 pur-
poses of chapter 1 of part I and chapter 4 of part II of
the Foreign Assistance Act of 1961 which are allocated
or obligated for cash disbursements in order to address
balance of payments or economic policy reform objectives,
shall remain available until expended: Provided further,
That the report required by section 653(a) of the Foreign
Assistance Act of 1961 shall designate for each country,
to the extent known at the time of submission of such re-
port, those funds allocated for cash disbursement for bal-
ance 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 calendar year in payment to the United States of
principal or interest on any loan made to such country
by the United States pursuant to a program for which
funds are appropriated under this Act: Provided, That
350
this section and section 620(q) of the Foreign Assistance
Act of 1961 shall not apply to funds made available in
this Act or during the current fiscal year for Nicaragua,
and for any narcotics-related assistance for Colombia,
Bolivia, and Peru authorized by the Foreign Assistance
Act of 1961 or the Arms Export Control Act.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or
made available pursuant to this Act for direct assistance
and none of the funds otherwise made available pursuant
to this Act to the Export-Import Bank and the Overseas
Private Investment Corporation shall be obligated or 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 result-
ing productive capacity is expected to become operative
and if the assistance will cause substantial injury to
United States producers of the same, similar, or compet-
ing commodity: Provided, That such prohibition shall not
apply to the Export-Import Bank if in the judgment of
its Board of Directors the benefits to industry and em-
ployment in the United States are likely to outweigh the
injury to United States producers of the same, similar,
351
or competing commodity, and the Chairman of the Board
so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing
or breeding feasibility study, variety improvement or in-
troduction, consultancy, publication, conference, or train-
ing in connection with the growth or production in a for-
eign country of an agricultural commodity for export
which would compete with a similar commodity grown or
produced in the United States: Provided, That this sub-
section 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 De-
velopment Bank, the Inter-American Investment Cor-
352
poration, the North American Development Bank, the
European Bank for Reconstruction and Development, the
African Development Bank, and the African Development
Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds
appropriated or made 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 purpose of providing the Exec-
utive Branch with the necessary administrative flexibility,
none of the funds made available under this Act for
‘‘Child Survival and Disease Programs Fund’’, ‘‘Develop-
ment Assistance’’, ‘‘Debt restructuring’’, ‘‘International
organizations and programs’’, ‘‘Trade and Development
Agency’’, ‘‘International narcotics control’’, ‘‘Assistance
for Eastern Europe and the Baltic States’’, ‘‘Assistance
for the New Independent State of the Former Soviet
Union’’, ‘‘Economic Support Fund’’, ‘‘Peacekeeping oper-
ations’’, ‘‘Operating expenses of the Agency for Inter-
national Development’’, ‘‘Operating expenses of the
Agency for International Development Office of Inspector
General’’, ‘‘Nonproliferation, anti-terrorism, demining
and related programs’’, ‘‘Foreign Military Financing Pro-
353
gram’’, ‘‘International military education and training’’,
‘‘Inter-American Foundation’’, ‘‘African Development
Foundation’’, ‘‘Peace Corps’’, ‘‘Migration and refugee as-
sistance’’, shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries,
or other operations not justified or in excess of the
amount justified to the Appropriations Committees 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 commitment
of funds appropriated for the purposes of section 23 of
the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition,
or other major defense items defined to be aircraft, ships,
missiles, or combat vehicles, not previously justified to
Congress or 20 per centum in excess of the quantities
justified to Congress unless the Committees on Appro-
priations are notified fifteen days in advance of such
commitment: Provided further, That this section shall not
apply to any reprogramming for an activity, program, or
project under chapter 1 of part I of the Foreign Assist-
ance Act of 1961 of less than 10 per centum of the
amount previously justified to the Congress for obligation
for such activity, program, or project for the current fis-
354
cal year: Provided further, That the requirements of this
section or any similar provision of this Act or any other
Act, including any prior Act requiring notification in ac-
cordance 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 requirement
was applicable, in the context of the circumstances neces-
sitating such waiver: Provided further, That any notifica-
tion 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
Appropriations.
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
355
1961, for any programs identified in section 307, or for
Libya, Iran, or, at the discretion of the President, Com-
munist 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 Com-
mittees on Appropriations, funds appropriated under this
Act or any previously enacted Act making appropriations
for foreign operations, export financing, and related pro-
grams, which are returned or not made available for or-
ganizations and programs because of the implementation
of this section or any similar provision of law, shall re-
main available for obligation through September 30,
1998.
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL
SEC. 517. The Congress finds that progress on
the peace process in the Middle East is vitally important
to United States security interests in the region. The
Congress recognizes that, in fulfilling its obligations
under the Treaty of Peace Between the Arab Republic of
Egypt and the State of Israel, done at Washington on
March 26, 1979, Israel incurred severe economic bur-
dens. Furthermore, the Congress recognizes that an eco-
nomically 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 de-
356
clares that, subject to the availability of appropriations,
it is the policy and the intention of the United States
that the funds provided in annual appropriations for the
Economic Support Fund which are allocated to Israel
shall not be less than the annual debt repayment (inter-
est and principal) from Israel to the United States Gov-
ernment in recognition that such a principle serves Unit-
ed States interests in the region.
PROHIBITION ON FUNDING FOR ABORTIONS AND
INVOLUNTARY STERILIZATION
SEC. 518. None of the funds made available to
carry out part I of the Foreign Assistance Act of 1961,
as amended, may be used to pay for the performance of
abortions as a method of family planning or to motivate
or coerce any person to practice abortions. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay
for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any fi-
nancial 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 fam-
ily planning. None of the funds made available to carry
357
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 sterilizations: Provided, That none of the
funds made available under this Act may be used to
lobby for or against abortion.
AUTHORIZATION FOR POPULATION PLANNING
SEC. 518A. (a) None of the funds made available
in title II of this Act for population planning activities or
other population assistance pursuant to section 104(b) of
the Foreign Assistance Act or any other provision of law
may be obligated or expended prior to July 1, 1997.
(b) Not to exceed $385,000,000 of the funds ap-
propriated in title II of this Act may be made available
for population planning activities or other population as-
sistance.
(c) Such funds may be apportioned only on a
monthly basis, and such monthly apportionments may
not exceed 8 percent of the total available for such activi-
ties.
(d) Not later than February 1, 1997, the Presi-
dent shall submit a finding to the Congress regarding the
impact of the limitation on obligations imposed by sub-
section (a) of this section on the proper functioning of
358
the population planning program. If such Presidential
finding indicates that the limitation is having a negative
impact on the proper functioning of the population plan-
ning program, funds for population planning activities
and other population assistance referred to in subsection
(a) may be made available beginning March 1, 1997, not-
withstanding the July 1, 1997, limitation set forth in
subsection (a), if the Congress approves such finding by
adoption of a joint resolution of approval not later than
February 28, 1997, in accordance with subsection (e).
(e) CONGRESSIONAL REVIEW PROCEDURE.—
(1) This subsection is enacted by Congress—
(A) as an exercise of the rulemaking power
of the House of Representatives and the Sen-
ate, respectively, and as such it is deemed a
part of the rules of each House, respectively,
but applicable only with respect to the proce-
dure to be followed in that House in the case
of resolutions described by paragraph (2) of
this subsection; and it supersedes other rules
only to the extent that it is inconsistent there-
with; and
(B) with full recognition of the constitu-
tional right of either House to change the rules
(so far as those rules relate to the procedure of
359
that House) at any time, in the same manner,
and to the same extent as in the case of any
other rule of such House.
(2) For purposes of this section, the term ‘‘res-
olution’’ means a joint resolution, the text of which
is as follows: ‘‘That the House of Representatives
and Senate approve the Presidential finding, submit-
ted to the Congress on XXXXX, that the limitation
on obligations imposed by section 518A(a) of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, is having a
negative impact on the proper functioning of the
population planning program.’’. The blank space
therein shall be filled with the date on which the
President submits his finding to the House of Rep-
resentatives and the Senate.
(3) On the day on which the President submits
a finding under this section to the Congress, a joint
resolution described in paragraph (2) shall be intro-
duced (by request) in the House by the majority
leader of the House, for himself and the minority
leader of the House, or by Members of the House
designated by the majority leader and minority lead-
er of the House; and shall be introduced (by re-
quest) in the Senate by the majority leader of the
360
Senate, for himself and the minority leader of the
Senate, or by Members of the Senate designated by
the majority leader and minority leader of the Sen-
ate. If either House is not in session on the day on
which the President submits such finding, the reso-
lution shall be introduced in that House, as provided
in the preceding sentence, on the first day thereafter
on which that House is in session. A resolution once
introduced in the House with respect to a Presi-
dential finding under this section shall be referred to
1 or more committees (and all resolutions with re-
spect to the same Presidential finding shall be re-
ferred to the same committee or committees) by the
Speaker of the House of Representatives. A resolu-
tion once introduced in the Senate with respect to a
Presidential finding under this section shall be re-
ferred to the appropriate committee (and all resolu-
tions with respect to the same Presidential finding
shall be referred to the same committee) by the
President of the Senate.
(4) No amendment to a resolution introduced
under this section shall be in order in either the
House of Representatives or the Senate; and no mo-
tion to suspend the application of this subsection
shall be in order in either House, nor shall it be in
361
order in either House for the presiding officer to en-
tertain a request to suspend the application of this
subsection by unanimous consent.
(5)(A) If any committee to which a resolution
with respect to a Presidential finding under this sec-
tion has been referred has not reported it at the end
of 5 calendar days after its introduction, such com-
mittee shall be automatically discharged from fur-
ther consideration of the resolution and it shall be
placed on the appropriate calendar. A vote on final
passage of the resolution, shall be taken in each
House on or before February 28, 1997. If prior to
the passage by 1 House of a resolution of that
House under this section, that House receives the
same resolution from the other House, then—
(i) the procedure in that House shall be
the same as if no resolution had been received
from the other House, but
(ii) the vote on final passage shall be on
the resolution of the other House.
(6)(A) A motion in the House of Representa-
tives to proceed to the consideration of a resolution
under this section shall be highly privileged and not
debatable. An amendment to the motion shall not be
in order, nor shall it be in order to move to recon-
362
sider the vote by which the motion is agreed to or
disagreed to.
(B) Debate in the House of Representatives on
the resolution described in paragraph (2) of this
subsection shall be limited to not more than 2 hours,
which shall be divided equally between those favoring
and those opposing such resolution. A motion to fur-
ther limit debate shall not be debatable. It shall not
be in order to move to recommit a resolution or to
move to reconsider the vote by which such resolution
was agreed to or disagreed to.
(C) Appeals from the decision of the Chair re-
lating to the application of the rules of the House
of Representatives to the procedures relating to a
resolution under this section shall be decided without
debate.
(D) Except to the extent specifically provided in
preceding provisions of this subsection, consideration
in the House of Representatives of a resolution
under this subsection shall be governed by the rules
of the House of Representatives applicable to other
resolutions in similar circumstances.
(7)(A) A motion in the Senate to proceed to the
consideration of a resolution under this section shall
not debatable. It shall not be in order to move to re-
363
consider the vote by which the motion is agreed to
or disagreed to.
(B) Debate in the Senate on the resolution de-
scribed in paragraph (2) of this subsection, and all
debatable motions and appeals in connection there-
with, shall be limited to not more than 2 hours. The
time shall be equally divided between, and controlled
by, the mover and the manager of the resolution, ex-
cept that in the event the manager of the resolution
is in favor of any such motion or appeal, the time
in opposition thereto shall be controlled by the mi-
nority leader or his designee. Such leaders, or either
of them, may, from time under their control on the
passage of a resolution, allot additional time to any
Senator during the consideration of any debatable
motion or appeal.
(C) A motion in the Senate to further limit de-
bate is not debatable. A motion to recommit a reso-
lution is not in order.
REPORTING REQUIREMENT
SEC. 519. The President shall submit to the Com-
mittees 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, Guate-
364
mala (except that this provision shall not apply to devel-
opment assistance for Guatemala), Dominican Republic,
Haiti, Liberia, Pakistan, Peru, Serbia, Sudan, or Zaire
except as provided through the regular notification proce-
dures of the Committee on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the Appropria-
tions Act account level and shall include all Appropria-
tions and Authorizations Acts earmarks, ceilings, and
limitations with the exception that for the following ac-
counts: Economics Support Fund and Foreign Military
Financing Program, ‘‘program, project, and activity’’
shall also be considered to include country, regional, and
central program level funding within each such account;
for the development assistance accounts of the Agency for
International Development ‘‘program, project, and activ-
ity’’ shall also be considered to include central program
level funding, either as (1) justified to the Congress, or
(2) allocated by the executive branch in accordance with
a report, to be provided to the Committees on Appropria-
tions within thirty days of enactment of this Act, as re-
quired by section 653(a) of the Foreign Assistance Act
of 1961.
365
CHILD SURVIVAL AND AIDS ACTIVITIES
SEC. 522. Up to $8,000,000 of the funds made
available by this Act for assistance for family planning,
health, child survival, and AIDS, may be used to reim-
burse United States Government agencies, agencies of
State governments, institutions of higher learning, and
private and voluntary organizations for the full cost of in-
dividuals (including for the personal services of such indi-
viduals) detailed or assigned to, or contracted by, as the
case may be, the Agency for International Development
for the purpose of carrying out family planning activities,
child survival activities and activities relating to research
on, and the treatment and control of acquired immune
deficiency syndrome in developing countries: Provided,
That funds appropriated by this Act that are made avail-
able for child survival activities or activities relating to
research on, and the treatment and control of, acquired
immune deficiency syndrome may be made available not-
withstanding any provision of law that restricts assist-
ance to foreign countries: Provided further, That funds
appropriated by this Act that are made available for fam-
ily planning activities may be made available notwith-
standing section 512 of this Act and section 620(q) of
the Foreign Assistance Act of 1961.
366
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES
SEC. 523. None of the funds appropriated or oth-
erwise made available pursuant to this Act shall be obli-
gated to finance indirectly any assistance or reparations
to Cuba, Iraq, Libya, Iran, Syria, North Korea, or the
People’s Republic of China, unless the President of the
United States certifies that the withholding of these
funds is contrary to the national interest of the Untied
States.
RECIPROCAL LEASING
SEC. 524. Section 61(a) of the Arms Export Con-
trol Act is amended by striking out ‘‘1996’’ and inserting
in lieu thereof ‘‘1997’’.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 525. Prior to providing excess Department
of Defense articles in accordance with section 516(a) of
the Foreign Assistance Act of 1961, the Department of
Defense shall notify the Committees on Appropriations to
the same extent and under the same conditions as are
other committees pursuant to subsection (c) of that sec-
tion: Provided, That before issuing a letter of offer to sell
excess defense articles under the Arms Export Control
Act, the Department of Defense shall notify the Commit-
tees on Appropriations in accordance with the regular no-
tification procedures of such Committees: Provided fur-
367
ther, That such Committees shall also be informed of the
original acquisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
SEC. 526. Funds appropriated by this Act may be
obligated and expended notwithstanding section 10 of
Public Law 91–672 and section 15 of the State Depart-
ment Basic Authorities Act of 1956.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 527. (a) Notwithstanding any other provi-
sion of law, funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated
under any such heading in a provision of law enacted
prior to enactment of this Act, shall not be made avail-
able to any country which the President determines—
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism, or
(2) otherwise supports international terrorism.
(b) The President may waive the application of
subsection (a) to a country if the President determines
that national security or humanitarian reasons justify
such waiver. The President shall publish each waiver in
the Federal Register and, at least fifteen days before the
waiver takes effect, shall notify the Committees on Ap-
propriations of the waiver (including the justification for
368
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 528. Notwithstanding any other provision of
law, and subject to the regular notification procedures 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, 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 appli-
cation), if the President determines that there are com-
pelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under
such Act.
COMPETITIVE INSURANCE
SEC. 528A. All Agency for International Develop-
ment contracts and solicitations, and subcontracts en-
tered into under such contracts, shall include a clause re-
quiring that United States insurance companies have a
fair opportunity to bid for insurance when such insurance
is necessary or appropriate.
369
STINGERS IN THE PERSIAN GULF REGION
SEC. 529. Except as provided in section 581 of
the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990, the United States
may not sell or otherwise make available any Stingers to
any country bordering the Persian Gulf under the Arms
Export Control Act or chapter 2 of part II of the Foreign
Assistance Act of 1961.
DEBT-FOR-DEVELOPMENT
SEC. 530. In order to enhance the continued par-
ticipation of nongovernmental organizations in economic
assistance 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
shall be used for the purpose for which the assistance
was provided to that organization.
SEPARATE ACCOUNTS
SEC. 531. (a) SEPARATE ACCOUNTS FOR LOCAL
CURRENCIES.—(1) If assistance is furnished to the gov-
ernment of a foreign country under chapters 1 and 10 of
370
part I or chapter 4 of part II of the Foreign Assistance
Act of 1961 under agreements which result in the gen-
eration of local currencies of that country, the Adminis-
trator of the Agency for International Development
shall—
(A) require that local currencies be deposited in
a separate account established by that government;
(B) enter into an agreement with that govern-
ment which sets forth—
(i) the amount of the local currencies to be
generated, and
(ii) the terms and conditions under which
the currencies so deposited may be utilized, con-
sistent with this section; and
(C) establish by agreement with that govern-
ment the responsibilities of the Agency for Inter-
national Development and that government to mon-
itor and account for deposits into and disbursements
from the separate account.
(2) USES OF LOCAL CURRENCIES.—As may be
agreed upon with the foreign government, local currencies
deposited in a separate account pursuant to subsection
(a), or an equivalent amount of local currencies, shall be
used only—
690
to identify the issuer of, any debt obligation or other
security offered or sold by the Holding Company or
any subsidiary of the Holding Company (other than
a debt obligation or other security issued to and held
by the Holding Company or any subsidiary of the
Holding Company). The Association shall remit to
the account established under section 3(e) of the
Student Loan Marketing Association Reorganization
Act of 1996, $5,000,000, within 60 days of the reor-
ganization effective date as compensation for the
right to assign the ‘Sallie Mae’ name as a trademark
or service mark.
‘‘(4) DISCLOSURE
REQUIRED.—Until 3 years
after the dissolution date, the Holding Company,
and any subsidiary of the Holding Company (other
than the Association), shall prominently display—
‘‘(A) in any document offering the Holding
Company’s securities, a statement that the obli-
gations of the Holding Company and any sub-
sidiary of the Holding Company are not guar-
anteed by the full faith and credit of the United
States; and
‘‘(B) in any advertisement or promotional
materials which use the ‘Sallie Mae’ name or
mark, a statement that neither the Holding
697
‘‘(C)(i) financial statements of the Associa-
tion within 45 days of the end of each fiscal
quarter; and
‘‘(ii) reports setting forth the calculation of
the capital ratio of the Association within 45
days of the end of each fiscal quarter.’’;
(B) in paragraph (2)—
(i) by striking clauses (i) and (ii) of
subparagraph (A) and inserting the follow-
ing:
‘‘(i) appoint auditors or examiners to con-
duct audits of the Association from time to time
to determine the condition of the Association
for the purpose of assessing the Association’s fi-
nancial safety and soundness and to determine
whether the requirements of this section and
section 440 are being met; and
‘‘(ii) obtain the services of such experts as
the Secretary of the Treasury determines nec-
essary and appropriate, as authorized by section
3109 of title 5, United States Code, to assist in
determining the condition of the Association for
the purpose of assessing the Association’s fi-
nancial safety and soundness, and to determine