The text of the bill below is as of Oct 1, 1976 (Passed Congress).
You are reading a bill enacted 17,167 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
PUBLIC LAW 94-441—OCT. 1, 1976 90 STAT. 1465
Public Law 94-441
94th Congress
An Act
Making appropriations for Foreign Assistance and related programs for the fiscal Oct. 1, 1976
year ending September 30, 1977, and for other purposes. [H.R. 14260]
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That the following Foreign
sums are appropriated, out of any money in the Treasury not other- Assistance and
wise appropriated, for Foreign Assistance and related programs for Related
the fiscal year ending September 30, 1977, and for other purposes, Programs
Appropriations
namely: Act, 1977.
T I T L E I—FOREIGN ASSISTANCE ACT ACTIVITIES
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to carry out the pro-
visions of the Foreign Assistance Act of 1961, as amended, and for other 22 u s e 2151
purposes, to remain available until September 30, 1977, unless other- note.
wise specified herein, as follows:
ECONOMIC ASSISTANCE
Food and nutrition. Development Assistance: For necessary expenses
to carry out the provisions of section 103, $505,000,000: Provided, 22 u s e 2151a.
That the amounts provided for loans to carry out the purposes of this
paragraph shall remain available until expended.
Population planning and health, Development Assistance: For nec-
essary expenses to carry out the provisions of section 104, $214,000,000: 22 u s e 2151b.
Provided, That the amounts provided for loans to carry out the pur-
poses of this paragraph shall remain available until expended:
Provided further, That of the funds made available for population
planning and health, not less than $15,000,000 shall be only available
for programs providing training to auxiliary or paramedical per-
sonnel who will be engaged in the delivery of health and family
planning services to rural areas.
Education and human resources development. Development Assist-
ance : For necessary expenses to carry out the provisions of section 105, 22 u s e 2151c.
$70,000,000: Provided, That the amounts provided for loans to carry
out the purposes of this paragraph shall remain available until
expended.
Technical assistance, energy, research, reconstruction, and selected
development problems. Development Assistance: For necessary
expenses to carry out the provisions of section 106, $67,000,000: Pro- 22 u s e 2151d.
vided, That the amounts provided for loans to carry out the purposes
of this paragraph shall remain available until expended.
Loan allocation. Development Assistance: Of the new obligational
authority appropriated under this Act to carry out the provisions of
sections 103-106, not less than $300,000,000 shall be available for loans 22 use
for fiscal year 1977: Provided, That of the amount made available for 2151a-2151d.
loans, not to exceed $210,000,000 of such amount shall be available
for loans repayable within forty years following the date on which
the funds were initially made available under the loan: Provided
90 STAT. 1466 PUBLIC LAW 94-441—OCT. 1, 1976
further^ That not to exceed $60,000,000 of such amount shall be avail-
able for loans repayable within thirty years following such date: Pro-
vided further, That not to exceed $30,000,000 of such amount shall
be available for loans repayable within twenty years following such
date.
International organizations and programs: For necessary expenses
22 use 2221. to carry out the provisions of section 301, $187,000,000: Provided,
That not more than $20,000,000 shall be availaJble for the United
Nations Children's Fund: Provided further, That not less than
$1,000,000 shall be available until expended for a contribution to the
International Atomic Energy Agency to strengthen the Agency's safe-
guards program: Provided further, That not less than $100,000,000
shall be available only for the United Nations Development Pro-
gram: Provided further. That none of the funds appropriated or
made available pursuant to this Act shall be used to supplement the
funds provided to the United Nations Development Program in fiscal
year 1976.
United Nations Environment Fund: For necessary expenses to
carry out the provisions of section 2 of the United Nations Environ-
22 use 287 note, ment Program Participation Act of 1973, $10,000,000.
American schools and hospitals abroad: For necessary expenses to
22 use 2174. carry out the provisions of section 214, $19,800,000.
American schools and hospitals abroad (special foreign currency
program) : For necessary expenses to carry out the provisions of sec-
tion 214, $7,000,000 in foreign currencies which the Treasury Depart-
ment determines to be excess to the normal requirements of the United
States, to remain available until expended.
Indus Basin Development Fund, grants: For necessary expenses
22 use 2222. to carry out the provisions of section 302(b) (2) with respect to Indus
Basin Development Fund, grants, $15,750,000.
Contingency fund: For necessary expenses, $5,000,000, to be used
22 use 2261. for the purposes set forth in section 451.
International disaster assistance: For necessary expenses to carry
22 use 2292. out the provisions of section 491, $25,000,000.
International narcotics control: For necessary expenses to carry out
22 use 2291. the provisions of section 481, $34,000,000.
Payment to the Foreign Service Retirement and Disability Fund:
For payment to the "Foreign Service Retirement and Disability
Fund," as authorized by the Foreign Service Act of 1946, as amended
(22 U.S.C. 1105-1106), $16,680,000.
Overseas training (special foreign currency program) : For neces-
22 use 2362. sary expenses to carry out the provisions of section 612, $400,000 in
foreign currencies wliich the Treasury Department declares to be
excess to the normal requirements of the United States.
Lebanon Relief and Rehabilitation assistance: For necessary
Ante, p. 762. expenses to carry out the provisions of section 495C, $20,000,000.
Except for the Contingency Fund, unobligated balances as of Sep-
tember 30, 1976, of funds heretofore made available under the
22 use 2151 authority of the Foreign Assistance Act of 1961, as amended, except as
°°*®- otherwise provided by law, are hereby continued available for the
fiscal year 1977, for the same purposes for which appropriated and
amounts certified pursuant to section 1311 of the Supplemental Appro-
31 use 200. priation Act, 1955, as having been obligated against appropriations
heretofore made under the authority of the Foreign Assistance Act
of 1961, as amended, for the same purpose as any of the subpara-
graphs under "Economic Assistance," "Middle East Special Require-
ments Fund," "Security Supporting Assistance," "Operating Expenses
PUBLIC LAW 94-441—OCT. 1, 1976 90 STAT. 1467
of the Agency for International Development," "International Mili-
tary Education and Training," and "Indochina Postwar Keconstruc-
tion Assistance," are hereby continued available for the same period
as the respective appropriations in such subparagraphs for the same
purpose: Provided, That such purpose relates to a project or program
previously justified to Congress, and the Committees on Appropria-
tions of the House of Representatives and the Senate are notified ; .j
prior to the reobligation of funds for such projects or programs.
None of the funds made available under this Act for "Food and
nutrition. Development Assistance," "Population planning and health.
Development Assistance," "Education and human resources devel-
opment. Development Assistance," "Technical assistance, energy
research, reconstruction, and selected development problems, Develop-
ment Assistance," "International organizations and programs,"
"United Nations Environment Fund," "American schools and hos-
pitals abroad," "Indus Basin Development Fund, grants," "Interna-
tional narcotics control," "Middle East special requirements fund,"
"Security supporting assistance," "Operating Expenses of the Agency
for International Development," "Military assistance," "International
military education and training," "Inter-American Foundation,"
"Peace Corps," "Cuban refugee assistance," "Special assistance to
refugees from Cambodia, Vietnam, and Laos in the United States,"
"Migration and refugee assistance," or "Assistance to refugees from
the Soviet Union or other Communist countries in Eastern Europe,"
shall be available for obligation for activities, programs, projects, type
of materiel assisl;ance, 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 for fiscal year 1977
unless the Appropriations Committees of both Houses of the Congress
are previously notified fifteen days in advance.
MIDDLE EAST SPECIAL REQUIREMENTS FUND
Middle East special requirements fund: For necessary expenses to
carry out the provisions of section 901 and section 903 of the Foreign
Assistance Act of 1961, as amended, $23,000,000: Provided, That none 22 USC 2441,
of the funds appropriated under this heading may be used to provide a 2443.
United States contribution to the United Nations Relief and Works
Agency.
SECURITY SUPPORTING ASSISTANCE
Security supporting assistance: For necessary expenses to carry
out the provisions of section 531 of the Foreign Assistance Act of
1961, as amended, $1,734,700,000: Provided, That of the funds appro- 22 USC 2346.
priated under this paragraph, $735,000,000 shall be allocated to Allocation of
Israel, $700,000,000 shall be allocated to Egypt, $70,000,000 shall be f""**-'
allocated to Jordan, $17,500,000 shall be allocated for Cyprus,
$55,000,000 shall be allocated for Portugal, $80,000,000 shall be
allocated to Syria, $14,000,000 shall be allocated for Botswana and
for regional training programs, not to exceed $20,000,000 shall be
allocated to Zaire, and not to exceed $20,000,000 shall be allocated to
Zambia: Provided, further, That $7,000,000 of this appropriation shall
be available only upon ratification of the Treaty of Friendship and
Cooperation Between Spain and the United States of America.
90 STAT. 1468 PUBLIC LAW 94-441—OCT. 1, 1976
OPERATING EXPENSES OF T H E AGENCY FOR INTERNATIONAL DEVELOPMENT
For "Operating Expenses of the Agency for International Develop-
ment", $192,000,000.
MILITARY ASSISTANCE
Military assistance: For necessary expenses to carry out the provi-
22 use 2311. sions of section 503 of the Foreign Assistance Act of 1961, as amended,
including administrative expenses and purchase of passenger motor
vehicles for replacement only for use outside of the United States,
$247,300,000: Provided^ That none of the funds contained in this
paragraph shall be available for the purchase of new automotive
vehicles outside of the United States: Provided further, That
$15,000,000 of this appropriation shall be available only upon ratifi-
cation of the Treaty of Friendship and Cooperation Between Spain
and the United States of America.
INTERNATIONAL MILITARY EDUCATION AND TEtA-INING
International military education and training: For necessary
expenses for "International military education and training,"
$25,000,000: Provided, That $2,000,000 of this appropriation shall be
available only upon ratification of the Treaty of Friendship and
Cooperation Between Spain and the United States of America.
OVERSEAS PRIVATE INVESTMENT CORPORATION
The Overseas Private Investment Corporation is authorized to make
such expenditures within the limits of funds available to it and in
accordance with law (including not to exceed $10,000 for entertain-
ment allowances), and to make such contracts and commitments with-
out regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as amended (31 U.S.C. 849),
as may be necessary in carrying out the program set forth in the budget
for the current fiscal year.
• INTER-AMERICAN FOUNDATION
The Inter-American Foundation is authorized to make such expend-
itures within the limits of funds available to it and in accordance
with the law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
_ Goverment Corporation Control Act, as amended (31 U.S.C. 849), as
may be necessary in carrying out its authorized programs during the
current fiscal year: Provided, That not to exceed $7,000,000 shall be
available to carry out the authorized programs during the current
fiscal year.
GENEEAL PKOVISIONS
SEC 101. None of the funds herein appropriated (other than funds
appropriated for "International organizations and programs") shall
be used to finance the construction of any new flood control, reclama-
tion, or other water or related land resource project or program which
has not met the standards and criteria used in determining the feasi-
bility of flood control, reclamation, and other water and related land
resource programs and projects proposed for construction within the
United States of America as per memorandum of the President dated
May 15,1962.
PUBLIC LAW 9 4 - 4 4 1 — O C T . 1, 1976 90 STAT. 1469
SEC. 102. Except for the appropriations entitled "Contingency
fund", "International disaster assistance", and appropriations of funds
to be used for loans, not more t h a n 20 per centum of any appropriation
item made available by this title for fiscal year 1977 shall be obligated
a n d / o r reserved d u r i n g the last month of availability.
SEC. 103. None of the funds herein appropriated 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 persons heretofore or here-
after serving in the armed forces of any recipient country.
SEC. 104. None of the funds appropriated or made available pur-
suant to this Act for carrying out the Foreign Assistance Act of 1961,
as amended, may be used for making payments on any contract for 22 use 2151
procurement to which the United States is a p a r t y entered into after note.
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,
SEC. 105. Of the funds appropriated or made available pureuant to
this Act, not more t h a n $12,000,000 may be used during the current
fiscal year in carrying out centrally funded research under sections 105
and 106 of the Foreign Assistance Act of 1961, as amended. 22 use 2151c,
SEC. 106. None of the funds a p p r o p r i a t e d or made available pur- 2151d.
suant to this Act for carrying out the Foreign Assistance Act of 1961, United Nations
as amended, may be used to pay in whole or in p a r t any assessments, members,
assessments,
arrearages, or dues of any member of the U n i t e d Nations. dues.
SEC. 107. None of the funds contained in title I of this Act may be
used to carry out the provisions of sections 209(d) and 251(h) of the
Foreign Assistance Act of 1961, as amended. 22 u s e 2169,
SEC. 108. None of the funds appropriated or made available pur- 2211.
suant to this Act shall be used to provide assistance to the Democratic North and South
Vietnam, or Laos,
Republic of Vietnam (North V i e t n a m ) , South Vietnam, Cambodia, assistance,
or Laos. prohibition.
SEC. 109. Of the funds appropriated or made available pursuant
to this Act, not to exceed $108,000 shall be for official residence expenses
of the Agency for International Development during the fiscal year
ending September 30, 1977.
SEC. 110. Of the funds appropriated or made available pursuant
to this Act, not to exceed $20,000 shall be for entertainment expenses
of the Agency for International Development d u r i n g the fiscal year
ending September 30, 1977.
SEC. 111. Of the funds appropriated or made available p u r s u a n t to
this Act, not to exceed $96,000 shall be for representation allowances
of the Agency for International Development d u r i n g the fiscal year
ending September 30, 1977.
SEC. 112. Of the funds appropriated or made available pursuant
to this Act, not to exceed $75,000 shall be for entertainment expenses
relating to the Military Assistance P r o g r a m , International Military
Education and Training, and Foreign Military Credit Sales d u r i n g
the fiscal year ending September 30, 1977.
TITLE II—FOREIGN MILITARY CREDIT SALES
FOREIGN MILITARY CREDIT SALES
F o r expenses not otherwise provided for, necessary to enable t h e
President to carry out the provisions of t h e F o r e i g n Military Sales
Act, $740,000,000: Provided, T h a t of the amount provided for the total 22 use 2751
note.
90 STAT. 1470 PUBLIC LAW 94-441—OCT. 1, 1976
aggregate credit sale ceiling during the current fiscal year, not less
than $1,000,000,000 shall be allocated to Israel.
T I T L E I I I — F O E E I G N ASSISTANCE (OTHER)
. • INDEPENDENT AGENCY
ACTION—INTERNATIONAL PROGRAMS '
PEACE CORPS
For expenses necessary for Action to carry out the provisions of
,• the Peace Corps Act, as amended (22 U.S.C. 2501 et seq.), $80,000,000:
Provided^ That of this amount $49,563,000 shall be available for the
direct support of volunteers: Provided further^ That no less than
$3,600,000 of this amount shall be available only for the overseas tech-
nical support of volunteers.
DEPARTMENT or HEALTH, EDUCATION, AND WELFARE
• .• _t? \ CUBAN REFUGEE ASSISTANCE
For expenses necessary to carry out the provisions of the Migration
22 use 2601 and Refugee Assistance Act of 1962 (Public Law 87-510), relating
note. to aid to Cuban refugees within the United States, including hire of
passenger motor vehicles, and services as authorized by 5 U.S.C.
3109, $82,000,000.
SPECIAL ASSISTANCE TO REFUGEES FROM CAMBODIA, VIETNAM, AND
.1 LAOS I N T H E UNITED STATES
For assistance to refugees from Cambodia, Vietnam, and Laos
in the United States, $50,000,000: Provided, That all funds in this
account shall remain available through September 30, 1977.
DEPARTMENT or STATE
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable the
\ Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross and assistance to refu-
gees, including contributions to the Intergovernmental Committee for
European Migration and the United Nations High Commissioner for
Refugees; salaries and expenses of personnel and dependents as author-
ized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801-
1158); allowances as authorized by 5 U.S.C. 5921-5925; hire of
passenger motor vehicles; and services as authorized by 5 U.S.C. 3109;
$10,000,000 of which not to exceed $8,171,000 shall remain available
until December 31,1977: Provided, That no funds herein appropriated
shall be used to assist directly in the migration to any nation in the
Western Hemisphere of any person not having a security clearance
based on reasonable standards to insure against Communist infiltra-
tion in the Western Hemisphere.
PUBLIC LAW 94-441—OCT. 1, 1976 90 STAT. 1471
ASSISTANCE TO REFUGEES FROM T H E SOVIET U N I O N AND OTHER
COMMUNIST COUNTRIES I N EASTERN EUROPE
For necessary expenses to carry out the provisions of section 101 (b)
of the Foreign Relations Authorization Act of 1972 and the provisions 86 Stat. 490.
of section 105 of the Foreign Relations Authorization Act, Fiscal
Year 1977, $15,000,000. Ante, p. 824.
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
INVESTMENT IN ASIAN DEVELOPMENT BANK
For payment by the Secretary of the Treasury of the third and final
installment of the United States subscription to the paid-in capital
stock and the callable capital stock of the Asian Development Bank,
authorized by the Asian Development Bank Act of December 22,1974
(Public Law 93-537), $90,477,000, to remain available until expended. 22 USC 285q,
285r.
INVESTMENT I N INTER-AMERICAN DEVELOPMENT BANK
For payment to the Inter-American Development Bank by the
Secretary of the Treasury for the United States share of the increase
in subscription to (1) paid-in capital stock, (2) callable capital stock,
and (3) the United States share of the increase in the resources of
the Fund for Special Operations, $270,000,000, to remain available
until expended.
INVESTMENT I N INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment by the Secretary of the Treasury of the second install-
ment of the United States contribution to the fourth replenishment
of the resources of the International Development Association as
authorized by the International Development Association Act of
August 14, 1974 (Public Law 93-373), $375,000,000, to remain avail- 22 USC 284/,
able until expended. 284m.
INVESTMENT I N AFRICAN DEVELOPMENT F U N D
For payment by the Secretary of the Treasury of a United States
contribution to the African Development Fund as authorized by the
Act of May 31, 1976 (Public Law 94-302), $10,000,000, to remain Ante, p. 591.
available until expended.
T I T L E IV—EXPORT-IMPORT BANK O F T H E
UNITED STATES
The Export-Import Bank of the United States is hereby authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accord with law, and
to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Government Cor-
poration Control Act, as amended, as may be necessary in carrying 31 USC 849.
out the program set forth in the budget for the current fiscal year for
such corporation, except as hereinafter provided.
90 STAT. 1472 PUBLIC LAW 9 4 - 4 4 1 — O C T . 1, 1976
LIMITATION ON PROGRAM ACTIVITY
Not to exceed $6,334,443,000 (of which not to exceed $3,875,000,000
shall be for equipment and services loans) shall be authorized during
the current fiscal year for other than administrative expenses.
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $12,081,000 (to be computed on an accrual basis) shall
be available d u r i n g the current fiscal year for administrative expenses,
including hire of passenger motor vehicles, services as authorized by
5 U.S.C. 3109, and not to exceed $24,000 for entertainment allowances
for members of t h e Board of Directors: Provided^ T h a t (1) fees or
dues to international organizations of credit institutions engaged in
financing foreign trade, (2) necessary expenses (including special
services performed on a contract or a fee basis, b u t not including other
personal services) in connection with the acquisition, operation, main-
tenance, improvement, or disposition of any real or personal property
belonging to the B a n k or in which it has an interest, including expenses
of collections of pledged collateral, or the investigation or appraisal
of any property in respect to which an application for a loan has been
made, and (3) expenses (other t h a n internal expenses of t h e B a n k )
incurred in connection with the issuance and servicing of guarantees,
insurance, and reinsurance, shall be considered as nonadmini strative
expenses for the purposes hereof.
TITLE V—GENERAL PROVISIONS
Publicity or SEC. 501. No p a r t of any appropriation contained in this Act shall
propaganda. be used for publicity or p r o p a g a n d a purposes within the United States
not heretofore authorized by the Congress.
Inspector SEC. 502. No p a r t of any appropriation contained in this Act shall
General, Foreign be used for expenses of the Inspector General, Foreign Assistance, after
Assistance.
the expiration of the thirty-five day period which begins on t h e date
the General Accounting Office or any committee of t h e Congress, or
any duly authorized subcommittee thereof, charged with considering
foreign assistance legislation, appropriations, or expenditures, has
delivered to t h e Office of t h e Inspector General, Foreign Assistance, a
written request that it be furnished any document, paper, communica-
tion, audit, review, finding, recommendation, report, or other material
in the custody or control of the Inspector General, F o r e i g n Assistance,
relating to any review, inspection or audit arranged for, directed, or
conducted by him, unless and until there has been furnished to the
General Accounting Office or to such committee or subcommittee, as
the case m a y be, ( A ) the document, paper, communication, audit,
review, finding, recommendation, report, or other material so requested
or ( B ) a certification by the President, personally, t h a t he has for-
bidden the furnishing thereof pursuant to such request and his reason
for so doing.
Fiscal year SEC. 503. No p a r t of any a p p r o p r i a t i o n contained in this Act shall
limitation. remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Countries in SEC. 504. No part of any appropriation contained in this Act shall
default. be used to furnish assistance to any country which is in default d u r i n g
a period in excels 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 p u r s u a n t to a p r o g r a m for which funds are a p p r o p r i a t e d u n d e r
this Act unless (1) such debt has been disputed by such country p r i o r
PUBLIC LAW 94-441—OCT. 1, 1976 90 STAT. 1473
to the enactment of this Act or (2) such country has either arranged
to make payment of the amount in arrears or otherwise taken appro-
priate steps, which may include renegotiation, to cure the existing
default.
SEC. 505. None of the funds appropriated or made available pur- Uruguay,
suant to this Act shall be used to provide military assistance, inter- prohibition of
national military education and training, or foreign military credit funds.
sales to the Government of Uruguay.
SEC. 505A. Not to exceed $1,626,000 of the funds appropriated or
made available pursuant to this Act for fiscal year 1977 shall be made
available to the Office of the Inspector General of Foreign Assistance.
SEC. 506. None of the funds appropriated or made available pursu-
ant to this Act shall be available to any international financial insti-
tution whose United States' representative cannot upon request obtain
the amounts and the names of borrowers for all loans of the inter-
national financial institution, including loans to employees of the insti-
tution or the compensation and related benefits of employees of the
institution.
This Act may be cited as the "Foreign Assistance and Related Pro- Short title.
grams Appropriations Act, 1977".
Approved October 1, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94-1228 (Comm. on Appropriations) and No. 94-1642 (Comm.
of Conference).
SENATE REPORT No. 94-1009 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 122 (1976):
June 24, 25, 29, considered and passed House.
June 30, Sept. 9, 10, considered and passed Senate, amended.
Sept. 27, House agreed to conference report.
Sept. 28, Senate agreed to conference report.
