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. Effective March 1, 1996, none of the funds
appropriated in this Act may be made available to the
Government of Haiti when it is made known to the Presi-
dent that such Government is controlled by a regime hold-
ing power through means other than the democratic elec-
tions scheduled for calendar year 1995 and held in sub-
stantial compliance with 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:
ROBIN H. CARLE,
Clerk.
HR 1868 RFS——2
HR 1868 RFS——3
HR 1868 RFS——4
HR 1868 RFS——5
HR 1868 RFS——6
HR 1868 RFS——7