Pub.L. 104-108 To designate the Federal building located at 1221 Nevin Avenue in Richmond, California, as the ``Frank Hagel Federal Building''. <> ...

	Web GovRecords.org

funds made available for the purposes of chapter 1 of part I and chapter 
4 of part II of the Foreign Assistance Act of 1961 which are allocated 
or obligated for cash disbursements in order to address balance of 
payments or economic policy reform objectives, shall remain available 
until expended: Provided further, That the report required by section 
653(a) of the Foreign Assistance Act of 1961 shall designate for each 
country, to the extent known at the time of submission of such report, 
those funds allocated for cash disbursement for balance of payment and 
economic policy reform 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 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

[[Page 110 STAT. 725]]

otherwise made available pursuant to this Act to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the commodity 
is likely to be in surplus on world markets at the time the resulting 
productive 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 Export-Import Bank if in the judgment 
of its Board of Directors the benefits to industry and employment in the 
United States are likely to outweigh the injury to United States 
producers of the same, similar, 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 introduction, 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 produced 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 agricultural commodities of 
        the United States; or
            (2) research activities intended primarily to benefit 
        American producers.

                           surplus commodities

    Sec. 514. <<NOTE: 22 USC 262h note.>> The Secretary of the Treasury 
shall instruct the United States Executive Directors of the 
International Bank for Reconstruction and Development, the International 
Development Association, the International Finance Corporation, the 
Inter-American Development Bank, the International Monetary Fund, the 
Asian Development Bank, the Inter-American Investment Corporation, the 
North American Development Bank, the European Bank for Reconstruction 
and Development, the African Development Bank, and the African 
Development Fund to use the voice and vote of the United States to 
oppose any assistance by these institutions, using funds appropriated or 
made 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 Executive Branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for ``Development Assistance'', ``International 
organizations and programs'', ``Trade and Development Agency'', 
``International narcotics control'', ``Assistance for Eastern Europe and 
the Baltic States'', ``Assistance for the New Independent States of the 
Former Soviet Union'', ``Economic Support Fund'',

[[Page 110 STAT. 726]]

``Peacekeeping operations'', ``Operating expenses of the Agency for 
International Development'', ``Operating expenses of the Agency for 
International Development Office of Inspector General'', 
``Nonproliferation and Disarmament Fund'', ``Anti-terrorism 
assistance'', ``Foreign Military Financing Program'', ``International 
military education and training'', ``Inter-American Foundation'', 
``African Development Foundation'', ``Peace Corps'', ``Migration and 
refugee assistance'', shall be available for obligation for activities, 
programs, projects, type of materiel assistance, countries, or other 
operations not justified or in excess of the amount 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 Appropriations are notified fifteen days in advance of 
such commitment: Provided further, That this section shall not apply to 
any reprogramming for an activity, program, or project under chapter 1 
of part I of the Foreign Assistance Act of 1961 of less than 10 per 
centum of the amount previously justified to the Congress for obligation 
for such activity, program, or project for the current fiscal year: 
Provided further, That the requirements of this section or any similar 
provision of this Act or any 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 requirement was applicable, in the 
context of the circumstances necessitating such waiver: Provided 
further, That any notification provided pursuant to such a waiver shall 
contain an explanation of the emergency 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 ``International 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 Appropriations, 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

[[Page 110 STAT. 727]]

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 Congress recognizes that, in fulfilling its 
obligations under the Treaty of Peace Between the Arab Republic of Egypt 
and the State of Israel, done at Washington on March 26, 1979, Israel 
incurred severe economic burdens. Furthermore, the 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, 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 (interest and principal) from Israel to the United 
States Government in recognition that such a principle serves United 
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 
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 sterilizations: 
Provided, That none of the funds made available under this Act may be 
used to lobby for or against abortion.

                  authorization of population planning

    Sec. 518A. Notwithstanding section 526 of this Act, none of the 
funds made available in 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, or funds made available in 
title IV of this Act as a contribution to the United Nations Population 
Fund (UNFPA) may be obligated or expended prior to July 1, 1996, unless 
such funding is expressly authorized by law: Provided, That if such 
funds are not authorized by law prior to July 1, 1996, funds 
appropriated in title II of

[[Page 110 STAT. 728]]

this Act for population planning activities or other population 
assistance may be made available for obligation and expenditure in an 
amount not to exceed 65 percent of the total amount appropriated or 
otherwise made available by Public Law 103-306 and Public Law 104-19 for 
such activities for fiscal year 1995, and funds appropriated in title IV 
of this Act as a contribution to the United Nations Population Fund 
(UNFPA) may be made available for obligation and expenditure in an 
amount not to exceed 65 percent of the total amount appropriated or 
otherwise made available by Public Law 103-306 and Public Law 104-19 for 
a contribution to UNFPA for fiscal year 1995: Provided further, That, 
pursuant to the previous proviso, such funds may be apportioned only on 
a monthly basis, beginning July 1, 1996 and ending September 30, 1997, 
and such monthly apportionments may not exceed 6.67 percent of the total 
available for such activities: Provided further, That notwithstanding 
any other provision of this Act, funds appropriated by this Act for the 
United Nations Population Fund (UNFPA) shall remain available for 
obligation until September 30, 1997.

                          reporting requirement

    Sec. 519. <<NOTE: President.>> The President shall submit to the 
Committees 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, Liberia, Nicaragua, Pakistan, Peru, Russia, Sudan, or Zaire 
except as provided through the regular notification procedures of the 
Committees 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 Nicaragua.

              definition of program, project, and activity

    Sec. 521. For the purpose of this Act, ``program, project, and 
activity'' shall be defined at the Appropriations Act account level and 
shall include all Appropriations and Authorizations Acts earmarks, 
ceilings, and limitations with the exception that for the following 
accounts: Economic Support Fund and Foreign Military Financing Program, 
``program, project, and activity'' shall also be considered to include 
country, regional, and central program level funding within each such 
account; for the development assistance accounts of the Agency for 
International Development ``program, project, and activity'' 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 
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 available by this Act 
for assistance for family planning, health, child survival,

[[Page 110 STAT. 729]]

and AIDS, may be used to reimburse United States Government agencies, 
agencies of State governments, institutions of higher learning, and 
private and voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) detailed or 
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 available for child survival 
activities or activities relating to research on, and the treatment and 
control of, acquired immune deficiency syndrome may be made available 
notwithstanding any provision of law that restricts assistance to 
foreign countries: Provided further, That funds appropriated by this Act 
that are made 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 otherwise made available 
pursuant to this Act shall be obligated to finance indirectly any 
assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North 
Korea, or the People's 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 United States.

                           reciprocal leasing

    Sec. 524. Section 61(a) of the Arms Export Control Act <<NOTE: 22 
USC 2796.>> is amended by striking out ``1995'' and inserting in lieu 
thereof ``1996''.

                notification on excess defense equipment

Other Popular 104th Congressional Public Laws Documents:

Other Documents:

104th Congressional Public Laws Records and Documents