Legislation on Foreign Relations Through ...

under the principles, standards and procedures established pursuant to the Water Resources Planning Act (42 U.S.C. 1962, et seq.) or Acts amendatory or supplementary thereto.

OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

SEC. 502.74 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 AGAINST PAY TO FOREIGN ARMED SERVICE MEMBER

SEC. 503.75 None of the funds appropriated in this Act nor any of the counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay, or adjusted service compensation for any person heretofore or hereafter serving in the armed forces of any recipient country.

TERMINATION FOR CONVENIENCE

SEC. 504.76 None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States.

PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

SEC. 505.77 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 member of the United Nations.

PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL

INSTITUTIONS

SEC. 506.78 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.

AID RESIDENCE EXPENSES

SEC. 507.79 Of the funds appropriated or made available pursuant to this Act, not to exceed $126,500 shall be for official residence expenses of the Agency for International Development during the current fiscal year: Provided, That appropriate steps shall be taken to assure that, to the maximum extent possible, United Statesowned foreign currencies are utilized in lieu of dollars.

74 First enacted as sec. 108 of the Mutual Security Appropriations Act of 1955. 75 First enacted as sec. 107 of the Mutual Security Appropriations Act of 1959. 76 First enacted as sec. 110 of the Foreign Assistance Appropriations Act, 1963. 77 First enacted as sec. 114 of the Foreign Assistance Appropriations Act, 1964. 78 First enacted as sec. 121 of the Foreign Assistance Appropriations Act, 1970. 79 First enacted as sec. 113 of the Foreign Assistance Appropriations Act, 1976.

AID ENTERTAINMENT EXPENSES

SEC. 508.80 Of the funds appropriated or made available pursuant to this Act, not to exceed $11,500 shall be for entertainment expenses of the Agency for International Development during the current fiscal year.

REPRESENTATIONAL ALLOWANCES

SEC. 509.81 Of the funds appropriated or made available pursuant to this Act, not to exceed $115,000 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 $2,875 shall be available for entertainment expenses and not to exceed $75,000 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 $125,000 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 $2,875 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 $4,600 shall be available for entertainment expenses: Provided further, That of the funds made available by this Act under the heading "Trade and Development Program", not to exceed $2,300 shall be available for representation and entertainment allowances.

PROHIBITION ON FINANCING NUCLEAR GOODS

SEC. 510.82 None of the funds appropriated or made available (other than funds for "International Organizations and Programs") pursuant to this Act, for carrying out the Foreign Assistance Act of 1961, may be used to finance the export of nuclear equipment, fuel, or technology.

HUMAN RIGHTS

SEC. 511.83 Funds appropriated by this Act may not be obligated or expended to provide assistance to any country for the purpose of aiding the efforts of the government of such country to repress the legitimate rights of the population of such country contrary to the Universal Declaration of Human Rights.

80 First enacted as sec. 114 of the Foreign Assistance Appropriations Act, 1976.

81 First enacted as sec. 115 of the Foreign Assistance Appropriations Act, 1976. The second through fifth proviso clauses were first enacted as sec. 526 of H.R. 4473, as made applicable to the Continuing Appropriations Act, 1981. The second proviso, regarding general costs of administering the Foreign Military Financing Program, has been reworded somewhat; the proviso formerly referred to: "the total funds made available by this Act under the headings 'Military Assistance' and 'Foreign Military Credit Sales". The last proviso clause was first enacted in the Foreign Assistance Appropriations Act, 1986.

82 First enacted as sec. 112 of the Foreign Assistance Appropriations Act, 1978. 83 First enacted as sec. 113 of the Foreign Assistance Appropriations Act, 1978.

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 512.84 None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Angola,85 Cambodia,8 86 Cuba, Iraq, Libya, the Socialist Republic of Vietnam, Iran, or Syria: Provided, That for purposes of this section, 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. 513.87 None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance to any country whose duly elected Head of Government is deposed by 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 subsequent to the termination of assistance a democratically elected government has taken office.

TRANSFERS BETWEEN ACCOUNTS

SEC. 514.88 None of the funds made available by this Act may be obligated under an appropriation account to which they were not

84 Similar language was first enacted as sec. 111 of the Foreign Assistance Appropriations Act, 1974. The Foreign Operations, Export Financing, and Related Programs Act, 1990 (Public Law 101-167; 103 Stat. 2268), added two provisos, the first of which is continued here. The second proviso, not included for fiscal year 1991, read as follows: "That such prohibition shall not apply to the Export-Import Bank or its agents if in the judgment of the President its application is not in the national interest of the United States and so reports to Congress.".

85 In Presidential Determination 92-16 of February 18, 1992 (57 F.R. 7317; March 2, 1992), the President

"(1) determine[d] that it is important to the security interests of the United States to furnish assistance described in paragraphs (2) and (3) below notwithstanding section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513); section 512 as applied to fiscal year 1992 pursuant to the Joint Resolution making continuing appropriations for fiscal year 1992, and for other purposes (Public Law 102-145); other acts making appropriations for foreign operations, export financing, and related programs for fiscal year 1992; and any other provision of law within the scope of section 614(a)(1) [of the Foreign Assistance Act of 1961, as amended];

"(2) authorize[d] the furnishing of up to $1.5 million of Economic Support Funds made available for fiscal year 1991 for support for democratization in Angola; and

"(3) authorize[d] the furnishing of up to $13 million from funds made available for the Development Fund for Africa for fiscal year 1992 for support for democratization in Angola and to address other pressing needs in Angola in the period until elections are completed.". 86 Sec. 118 of the Further Continuing Appropriations, Fiscal Year 1992 (Public Law 102-145, as amended), stated:

• Provided further, That when applying section 512 and section 545 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513) to funds appropriated by this joint resolution, the countries of Angola and Cambodia shall be construed to not be on the list of countries included in these sections".

87 First enacted as sec. 513 of the Foreign Assistance Appropriations Act, 1986.

In Presidential Determination 92-13 of February 4, 1991 (57 F.R. 5789; February 18, 1992), the President determined "that it is important to the security interests of the United States to furnish assistance to the Organization of American States (ŎAS) for its activities in Haiti notwithstanding section 513 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513) and any other provision of law within the scope of section 614 [of the Foreign Assistance Act of 1961], and authorize the furnishing of up to $2 million of funds made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 for that purpose.".

In Department of State Public Notice 1519 of October 28, 1991 (56 F.R. 57030; November 7, 1991), the Secretary of State determined that "subsequent to the termination of assistance for Suriname, a democratically elected government has taken office.".

88 Similar language was first enacted as sec. 115 of the Foreign Assistance Appropriations Act, 1978.

appropriated, unless the President, prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations.

DEOBLIGATION/REOBLIGATION AUTHORITY

SEC. 515.89 (a) 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 headings under the "Agency for International Development" are, if deobligated, hereby continued available for the same period as the respective appropriations under such headings or until September 30, 1991, whichever is later, and for the same general purpose, and for countries within the same region as originally obligated: Provided, That the Appropriations Committees of both Houses of the Congress are notified fifteen days in advance of the deobligation and reobligation of such funds in 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

89 Language similar to that in subsec. (a) was first enacted as sec. 403 of the Supplemental Appropriations Act, 1983.

Title V of Public Law 102-298 (106 Stat. 217) rescinded certain budget authority, including the following:

"DEOBLIGATION/REOBLIGATION AUTHORITY

(RESCISSION)

"Of the funds made available in Public Law 102-145, as amended, and in prior Acts providing funding for foreign operations, export financing, and related programs for fiscal years prior to fiscal year 1992, under the following headings: 'Agriculture, rural development, and nutrition, Development Assistance', 'Private sector, environment, and energy, Development Assistance', 'Sub-Saharan Africa, Development Assistance' and 'Economic Support Fund', $6,320,000 are rescinded: Provided, That this rescission shall be made from funds deobligated but continued available by sections 515 or 517 of any such Act (or by any other provision of such Act providing 'deobligation/reobligation authority' or 'availability of funds'): Provided further, That the same proportion of the unobligated balance of the funds continued available for each such heading pursuant to this paragraph shall be rescinded.

"DEVELOPMENT ASSISTANCE; ECONOMIC SUPPORT FUND

" (RESCISSION)

"Of the unexpended balances of funds (including earmarked funds) made available in Public Law 98-473, Public Law 99-88 and prior Acts making appropriations for foreign assistance and related programs to carry out the provisions of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, as amended, $30,000,000 are rescinded: Provided, That this rescission shall be made from funds deobligated but continued available by section 515 of Public Law 101-513, and the corresponding authority provided in Public Law 102-145, as amended.". 90 Title V of Public Law 102-298 (106 Stat. 217) rescinded certain budget authority, including the following:

"Notwithstanding section 515(b) of Public Law 101-513, and the corresponding authority provided in Public Law 102-145, as amended, no Foreign Military Financing Program funds may be reobligated pursuant to such authority from the date of enactment of this Act through September 30, 1992.".

year immediately preceding the current fiscal year are, if deobligated in accordance with amendments of applicable grant or loan agreements, hereby continued available during the current fiscal year for the same purpose under any authority applicable to such appropriations under this Act: Provided, That the Appropriations Committees 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 procedures of the Committees on Appropriations.91

PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 516.92 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.

AVAILABILITY OF FUNDS

SEC. 517.93 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 chapter 1 of part I, section 667, and chapter 4 of part II of the Foreign Assistance Act of 1961, as amended, shall remain available until expended if such funds are initially obligated before the expiration of their respec

91 In Presidential Determination 91-23 of March 6, 1991 (56 F.R. 12331; March 22, 1991), the President determined "that it is vital to the national security interests of the United States to finance the sale of up to an aggregate of $3.023 million of defense articles and defense services for Niger and Senegal, notwithstanding any provision of law that earmarked funds appropriated for fiscal year 1982 for the Sudan, and notwithstanding section 515(b) of Public Law 101-513 insofar as that provision would require reobligation to occur in accordance with amendments of applicable grant or loan agreements. Accordingly, I hereby authorize the extension of such financing.".

92 First enacted as sec. 102 of the Mutual Security Appropriations Act, 1958. See sec. 109 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204), Legislation on Foreign Relations Through 1991, vol. II, page 126, for related language.

93 Similar language first enacted as sec. 403 of the Foreign Assistance Appropriations Act, 1967.

Title V of Public Law 102-298 (106 Stat. 217) rescinded certain budget authority, including the following:

"DEOBLIGATION/REOBLIGATION AUTHORITY

"" (RESCISSION)

"DEVELOPMENT ASSISTANCE; ECONOMIC SUPPORT FUND

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