Union Calendar No. 292

103D CONGRESS

2D SESSION H. R. 4426

[Report No. 103–524]

A BILL

Making appropriations for foreign operations, excal year ending September 30, 1995. port financing, and related programs for the fisMAY 23, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 292

103D CONGRESS

2D SESSION H. R. 4426

[Report No. 103–524]

Making appropriations for foreign operations, export financing, and related

programs for the fiscal year ending September 30, 1995.

IN THE HOUSE OF REPRESENTATIVES

MAY 16, 1994

Mr. OBEY introduced the following bill; which was referred to the Committee

on Appropriations

MAY 23, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending

September 30, 1995.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for for5 eign operations, export financing, and related programs
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1 for the fiscal year ending September 30, 1995, and for

2 other purposes, namely:

3 TITLE I—INTERNATIONAL SUSTAINABLE

4 DEVELOPMENT PROGRAMS

5 FUNDS APPROPRIATED TO THE PRESIDENT

6 INTERNATIONAL FINANCIAL INSTITUTIONS

7 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

8 RECONSTRUCTION AND DEVELOPMENT

9 For payment to the International Bank for Recon10 struction and Development by the Secretary of the Treas11 ury, for the United States share of the paid-in share por12 tion of the increases in capital stock for the General Cap13 ital Increase, $23,288,564, to remain available until ex14 pended.

15 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

16 The United States Governor of the International

17 Bank for Reconstruction and Development may subscribe

18 without fiscal year limitation to the callable capital portion

19 of the United States share of increases in capital stock

20 in an amount not to exceed $752,959,427.

21 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

22 ASSOCIATION

23 For payment to the International Development Asso24 ciation by the Secretary of the Treasury, $1,250,000,000,

25 for the United States contribution to the replenishment,

26 to remain available until expended.
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1 CONTRIBUTION TO THE INTERNATIONAL FINANCE

2 CORPORATION

3 For payment to the International Finance Corpora4 tion by the Secretary of the Treasury, $88,743,028 for

5 the United States share of the increase in subscriptions

6 to capital stock, to remain available until expended.

7 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

8 BANK

9 For payment to the Inter-American Development

10 Bank by the Secretary of the Treasury for the United

11 States share of the paid-in share portion of the increase

12 in capital stock, $2,842,735, for the U.S. contribution to

13 the seventh replenishment of the IDB, and for the United

14 States share of the increases in the resources of the Fund

15 for Special Operations, $1,021,000; and for the United

16 States share of the capital stock of the Inter-American In17 vestment Corporation, $190,000; all of which shall remain

18 available until expended.

19 LIMITATION OF CALLABLE CAPITAL SUBSCRIPTIONS

20 The United States Governor of the Inter-American

21 Development Bank may subscribe without fiscal year limi22 tation to the callable capital portion of the United States

23 share of such capital stock in an amount not to exceed

24 $110,866,665.
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1 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

2 For the United States contribution by the Secretary

3 of the Treasury to the increases in resources of the Asian

4 Development Fund, as authorized by the Asian Develop5 ment Bank Act, as amended (Public Law 89–369),

6 $170,000,000, to remain available until expended.

7 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

8 For payment to the African Development Fund by

9 the Secretary of the Treasury, $20,738,167, for the Unit10 ed States contribution to the sixth replenishment of the

11 African Development Fund, to remain available until ex12 pended.

13 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

14 For payment to the African Development Bank by

15 the Secretary of the Treasury, for the paid-in share por16 tion of the United States share of the increase in capital

17 stock, $133,000, to remain available until expended.

18 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

19 The United States Governor of the African Develop20 ment Bank may subscribe without fiscal year limitation

21 to the callable capital portion of the United States share

22 of such capital stock in an amount not to exceed

23 $2,002,540.
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1 CONTRIBUTION TO THE EUROPEAN BANK FOR

2 RECONSTRUCTION AND DEVELOPMENT

3 For payment to the European Bank for Reconstruc4 tion and Development by the Secretary of the Treasury

5 for the United States share of the paid-in share portion

6 of the initial capital subscription, $70,020,600, to remain

7 available until expended.

8 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

9 The United States Governor of the European Bank

10 for Reconstruction and Development may subscribe with11 out fiscal year limitation to the callable capital portion of

12 the United States share of such capital stock in an amount

13 not to exceed $163,381,400.

14 CONTRIBUTION TO THE MULTILATERAL INVESTMENT

15 FUND

16 For payment to the Multilateral Investment Fund by

17 the Secretary of the Treasury, for the United States con18 tribution to the Fund to be administered by the Inter19 American Development Bank, $100,000,000, to remain

20 available until expended.

21 CONTRIBUTIONS TO NEW REPLENISHMENTS OF

22 INTERNATIONAL FINANCIAL INSTITUTIONS

23 For payment by the Secretary of the Treasury to (1)

24 the International Bank for Reconstruction and Develop25 ment for the United States contribution to the first replen26 ishment of the Global Environment Facility, (2) the eighth
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1 replenishment of the Inter-American Development Bank,

2 and (3) the seventh replenishment of the African Develop3 ment Fund, $275,000,000, to remain available until ex4 pended.

5 INTERNATIONAL MONETARY FUND

6 For payment to the Interest Subsidy Account of the

7 Enhanced Structural Adjustment Facility of the Inter8 national Monetary Fund, $100,000,000 to remain avail9 able until expended.

10 AGENCY FOR INTERNATIONAL DEVELOPMENT

11 SUSTAINABLE DEVELOPMENT ASSISTANCE

12 SUSTAINABLE DEVELOPMENT PROGRAMS

13 For necessary expenses to carry out sections 103

14 through 106, and section 496 of the Foreign Assistance

15 Act of 1961, for Sustainable Development programs,

16 $2,400,102,000, to remain available until expended: Pro17 vided, That of this amount not less than $782,700,000,

18 shall be made available for the Development Fund for Af19 rica: Provided further, That funds made available under

20 this heading may be made available for necessary expenses

21 to carry out the provisions of section 301 of the Foreign

22 Assistance Act of 1961, and of section 2 of the United

23 Nations Environment Program Participation Act of 1973,

24 in support of sustainable development objectives.
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1 MICROENTERPRISE AND OTHER CREDIT PROGRAMS

2 For the cost of direct loans and loan guarantees, for

3 Microenterprise and Other Credit Programs, $20,800,000,

4 to remain available until expended, as authorized by sec5 tion 108 of the Foreign Assistance Act of 1961, as amend6 ed: Provided, That such costs shall be as defined in section

7 502 of the Congressional Budget Act of 1974. In addition,

8 for administrative expenses to carry out direct loan and

9 loan guarantee programs under this heading, $8,500,000,

10 to remain available until expended, all of which may be

11 transferred to and merged with the appropriation for Op12 erating Expenses of the United States Agency for Inter13 national Development: Provided further, That such

14 amounts shall be for micro and small enterprise develop15 ment programs and for programs for shelter, urban devel16 opment, and environmental infrastructure.

17 DEBT REDUCTION PROGRAM ACCOUNT

18 For the cost, as defined in section 13201 of the

19 Budget Enforcement Act of 1990, of modifying direct

20 loans and loan guarantees, as the President may deter21 mine, for which funds have been appropriated of otherwise

22 made available for programs within the International Af23 fairs Budget Function 150, $7,000,000, to remain avail24 able until expended.
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1 INDEPENDENT AGENCIES

2 PEACE CORPS

3 For expenses necessary to carry out the provisions

4 of the Peace Corps Act (75 Stat. 612), as amended,

5 $225,411,000, including the purchase of not to exceed five

6 passenger motor vehicles for administrative purposes for

7 use outside of the United States: Provided, That funds ap8 propriated under this heading shall remain available until

9 September 30, 1996: Provided further, That not to exceed

10 $3,000,000 from amounts appropriated under this head11 ing may be transferred to the ‘‘Foreign Currency Fluctua12 tions, Peace Corps, Account’’, as authorized by section 16

13 of the Peace Corps Act, as amended.

14 INTER-AMERICAN FOUNDATION

15 For expenses necessary to carry out the functions of

16 the Inter-American Foundation in accordance with the

17 provisions of section 401 of the Foreign Assistance Act

18 of 1969, and to make such contracts and commitments

19 without regard to fiscal year limitations, as provided by

20 31 U.S.C. 9104, $30,960,000.

21 AFRICAN DEVELOPMENT FOUNDATION

22 For necessary expenses to carry out the provisions

23 of Title V of the International Security and Development

24 Cooperation Act of 1980, Public Law 96–533, and to

25 make such contracts and commitments without regard to

26 fiscal year limitations, as provided by 31 U.S.C. 9104,
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1 $16,905,000, to remain available until September 30,

2 1996.

3 TITLE II—BUILDING DEMOCRACY

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 COUNTRIES IN TRANSITION

6 For assistance for countries in transition to democ7 racy, that have recently emerged or are emerging as demo8 cratic societies or from civil strife, or whose democratic

9 progress or institutions are threatened, $142,691,000, to

10 remain available until expended: Provided, That of this

11 amount not less than $124,546,000, shall be available for

12 necessary expenses to carry out the provisions of section

13 301 and chapter 4 of part II: Provided further, That of

14 this amount not less than $18,145,000, shall be available

15 for necessary expenses to carry out the provisions of sec16 tion 541 and for expenses necessary for grants to carry

17 out the provisions of section 23 of the Arms Export Con18 trol Act.

19 INDEPENDENT STATES OF THE FORMER SOVIET UNION

20 For necessary expenses to carry out the provisions

21 of chapter 11 of part I of the Foreign Assistance Act of

22 1961 and the FREEDOM Support Act, for assistance for

23 the new independent states of the former Soviet Union

24 and for related programs, $900,000,000, to remain avail25 able until expended.
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1 CENTRAL AND EASTERN EUROPE

2 For necessary expenses to carry out the provisions

3 of the Foreign Assistance Act of 1961 and the Support

4 for East European Democracy (SEED) Act of 1989,

5 $380,000,000, to remain available until expended, which

6 shall be available, notwithstanding any other provision of

7 law, for economic assistance and for related programs for

8 Eastern Europe and the Baltic States.

9 TITLE III—PROMOTING PEACE

10 PEACEKEEPING AND RELATED PROGRAMS

11 For necessary expenses to carry out the provisions

12 of section 551 of the Foreign Assistance Act of 1961, for

13 peacekeeping and other programs in the national interest,

14 $75,000,000, to remain available until expended.

15 NONPROLIFERATION AND DISARMAMENT FUND

16 For necessary expenses for a ‘‘Nonproliferation and

17 Disarmament Fund’’, $50,000,000, to remain available

18 until expended, to promote bilateral and multilateral ac19 tivities: Provided, That such funds may be used pursuant

20 to the authorities contained in section 504 of the FREE21 DOM Support Act: Provided further, That such funds may

22 also be used for such countries other than the new inde23 pendent states of the former Soviet Union and inter24 national organizations when it is in the national security

25 interest of the United States to do so: Provided further,
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1 That funds appropriated under this heading may be made

2 available notwithstanding any other provision of law: Pro3 vided further, That funds made available under this head4 ing may be made available for necessary expenses to carry

5 out the provisions of section 301 of the Foreign Assistance

6 Act of 1961.

7 REGIONAL PEACE, SECURITY AND DEFENSE

8 COOPERATION

9 For assistance for Regional Peace, Security and De10 fense Cooperation, $5,460,011,000, to remain available

11 until expended: Provided, That of this amount not less

12 than $2,257,200,000, shall be available for necessary ex13 penses to carry out the provisions of chapter 4 of part

14 II: Provided further, That of this amount not less than

15 $12,355,000, shall be available for necessary expenses to

16 carry out the provisions of section 541: Provided further,

17 That of this amount not less than $3,190,456,000, shall

18 be available for expenses necessary for grants and direct

19 loans to carry out the provisions of section 23 of the Arms

20 Export Control Act, and that of these funds, funds shall

21 be made available for the subsidy cost, as defined in sec22 tion 13201 of the Budget Enforcement Act of 1990, of

23 such direct loans.
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1 INTERNATIONAL NARCOTICS TRAFFICKING, TERRORISM

2 AND CRIME PREVENTION

3 For necessary expenses to carry out the provisions

4 of section 481 and chapters 4 and 8 of part II of the For5 eign Assistance Act of 1961, for International Narcotics

6 Trafficking, Terrorism and Crime Prevention,

7 $252,000,000, to remain available until expended: Pro8 vided, That of this amount not less than $26,600,000 shall

9 be available for expenses necessary for grants to carry out

10 the provisions of section 23 of the Arms Export Control

11 Act for International Narcotics Trafficking.

12 TITLE IV—HUMANITARIAN ASSISTANCE

13 REFUGEE ASSISTANCE

14 For necessary expenses, not otherwise provided for,

15 to enable the Secretary of State to provide, as authorized

16 by law, a contribution to the International Committee of

17 the Red Cross and assistance to refugees, including con18 tributions to the Intergovernmental Committee for Migra19 tion and the United Nations High Commissioner for Refu20 gees; salaries and expenses of personnel and dependents

21 as authorized by the Foreign Service Act of 1980 (includ22 ing administrative expenses of the Office of Refugee Pro23 grams of the Department of State); allowances as author24 ized by sections 5921 through 5925 of title 5, United

25 States Code; hire of passenger motor vehicles; and services
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1 as authorized by section 3109 of title 5, United States

2 Code; and for necessary expenses to carry out the provi3 sions of section 2(c) of the Migration and Refugee Assist4 ance Act of 1962, as amended (22 U.S.C. 260(c)),

5 $682,888,000, to remain available until expended: Pro6 vided, That funds made available under this heading to

7 carry out the provisions of section 2(c) of the Migration

8 and Refugee Assistance Act of 1962 are appropriated not9 withstanding the provisions contained in section 2(c)(2)

10 of that act, which would limit the amount of funds which

11 could be appropriated for this purpose.

12 DISASTER ASSISTANCE

13 For necessary expenses for international disaster re14 lief, rehabilitation, and reconstruction assistance pursuant

15 to section 491 of the Foreign Assistance Act of 1961, as

16 amended, $169,998,000, to remain available until ex17 pended.

18 TITLE V—PROMOTING GROWTH THROUGH

19 TRADE AND INVESTMENT

20 OVERSEAS PRIVATE INVESTMENT CORPORATION

21 PROGRAM ACCOUNT

22 For the subsidy cost as defined in section 13201 of

23 the Budget Enforcement Act of 1990, of direct and guar24 anteed loans authorized by section 234 of the Foreign As25 sistance Act of 1961, as follows: cost of direct and guaran26 teed loans, $11,648,000, to remain available until ex-
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1 pended. In addition for administrative expenses to carry

2 out the direct and guaranteed loan programs, $8,383,000:

3 Provided, That the funds provided in this paragraph shall

4 be available for and apply to costs, direct loan obligations

5 and loan guaranty commitments incurred or made during

6 the period from October 1, 1994 through September 30,

7 1996: Provided further, That such sums are to remain

8 available through fiscal year 2004 for the disbursement

9 of direct and guaranteed loans obligated in fiscal year

10 1996.

11 The Overseas Private Investment Corporation is au12 thorized to make, without regard to fiscal year limitations,

13 as provided by 31 U.S.C. 9104, such noncredit expendi14 tures and commitments within the limits of funds available

15 to it and in accordance with law (including an amount for

16 official reception and representation expenses which shall

17 not exceed $35,000) as may be necessary.

18 TRADE AND DEVELOPMENT AGENCY

19 For necessary expenses to carry out the provisions

20 of section 661 of the Foreign Assistance Act of 1961,

21 $44,986,000, to remain available until expended.

22 EXPORT-IMPORT BANK LOANS PROGRAM ACCOUNT

23 The Export-Import Bank of the United States is au24 thorized to make such expenditures within the limits of

25 funds and borrowing authority available to such corpora-
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1 tion, and in accordance with law, and to make such con2 tracts and commitments without regard to fiscal year limi3 tations, as provided by section 104 of the Government

4 Corporation Control Act, as may be necessary in carrying

5 out the program for the current fiscal year for such cor6 poration: Provided, That none of the funds available dur7 ing the current fiscal year may be used to make expendi8 tures, contracts, or commitments for the export of nuclear

9 equipment, fuel, or technology to any country other than

10 a nuclear-weapon State as defined in Article IX of the

11 Treaty on the Non-Proliferation of Nuclear Weapons eligi12 ble to receive economic or military assistance under this

13 Act that has detonated a nuclear explosive after the date

14 of enactment of this Act.

15 SUBSIDY APPROPRIATION

16 For the cost of direct loans, loan guarantees, insur17 ance, and tied-aid grants as authorized by section 10 of

18 the Export-Import Bank Act of 1945, as amended,

19 $799,873,000, to remain available until September 30,

20 1996, of which $100,000,000 is available only for the cost

21 of tied-aid grants: Provided, That such costs, including the

22 cost of modifying such loans, shall be as defined in section

23 502 of the Congressional Budget Act of 1974: Provided

24 further, That such sums shall remain available until 2010

25 for the disbursement of direct loans, loan guarantees, in26 surance and tied-aid grants obligated in fiscal years 1995
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1 and 1996: Provided further, That none of the funds appro2 priated by this paragraph may be used for tied-aid credits

3 or grants except through the regular notification proce4 dures of the Committees on Appropriations: Provided fur5 ther, That funds appropriated by this paragraph are made

6 available notwithstanding section 2(b)(2) of the Export7 Import Bank Act of 1945, in connection with the purchase

8 or lease of any product by any East European country,

9 any Baltic State, or any agency or national thereof.

10 ADMINISTRATIVE EXPENSES

11 For administrative expenses to carry out the direct

12 and guaranteed loan and insurance programs (to be com13 puted on an accrual basis), including hire of passenger

14 motor vehicles and services as authorized by 5 U.S.C.

15 3109, and not to exceed $20,000 for official reception and

16 representation expenses for members of the Board of Di17 rectors, $45,228,000: Provided, That necessary expenses

18 (including special services performed on a contract or fee

19 basis, but not including other personal services) in connec20 tion with the collection of moneys owed the Export-Import

21 Bank, repossession or sale of pledged collateral or other

22 assets acquired by the Export-Import Bank in satisfaction

23 of moneys owed the Export-Import Bank, or the investiga24 tion or appraisal of any property, or the evaluation of the

25 legal or technical aspects of any transaction for which an

26 application for a loan, guarantee or insurance commitment
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1 has been made, shall be considered nonadministrative ex2 penses for the purposes of this heading.

3 TITLE VI—PROGRAM ADMINISTRATION

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 For payment to the ‘‘Foreign Service Retirement and

6 Disability Fund’’ as authorized by the Foreign Service Act

7 of 1980, $45,118,000.

8 OPERATING EXPENSES OF THE UNITED STATES AGENCY

9 FOR INTERNATIONAL DEVELOPMENT

10 For necessary expenses for the Operating Expenses

11 of the United States Agency for International Develop12 ment, $526,111,000, to remain available until expended.

13 OPERATING EXPENSES OF THE UNITED STATES AGENCY

14 FOR INTERNATIONAL DEVELOPMENT OFFICE OF

15 THE INSPECTOR GENERAL

16 For necessary expenses to carry out the provisions

17 of section 667, which sum shall be available for the Office

18 of the Inspector General of the United States Agency for

19 International Development, $39,954,000, to remain avail20 able until expended.

21 That the following sums are appropriated, out of any

22 money in the Treasury not otherwise appropriated, for for23 eign operations, export financing, and related programs for

24 the fiscal year ending September 30, 1995, and for other

25 purposes, namely:
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1 TITLE I—MULTILATERAL ECONOMIC

2 ASSISTANCE

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL FINANCIAL INSTITUTIONS

5 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

6 RECONSTRUCTION AND DEVELOPMENT

7 For payment to the International Bank for Recon8 struction and Development by the Secretary of the Treas9 ury, for the United States share of the paid-in share portion

10 of the increases in capital stock for the General Capital In11 crease, $23,009,101, to remain available until expended.

12 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

13 The United States Governor of the International Bank

14 for Reconstruction and Development may subscribe without

15 fiscal year limitation to the callable capital portion of the

16 United States share of increases in capital stock in an

17 amount not to exceed $743,923,914.

18 For payment to the International Bank for Recon19 struction and Development by the Secretary of the Treas20 ury, for the United States contribution to the Global Envi21 ronment Facility (GEF), $98,800,000, to remain available

22 until expended.

23 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

24 ASSOCIATION

25 For payment to the International Development Asso26 ciation by the Secretary of the Treasury, $1,235,000,000,
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1 for the United States contribution to the replenishment, to

2 remain available until expended.

3 CONTRIBUTION TO THE INTERNATIONAL FINANCE

4 CORPORATION

5 For payment to the International Finance Corpora6 tion by the Secretary of the Treasury, $68,743,028, for the

7 United States share of the increase in subscriptions to cap8 ital stock, to remain available until expended: Provided,

9 That of the amount appropriated under this heading not

10 more than $5,364,000 may be expended for the purchase

11 of such stock in fiscal year 1995.

12 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

13 BANK

14 For payment to the Inter-American Development Bank

15 by the Secretary of the Treasury for the United States

16 share of the paid-in share portion of the increase in capital

17 stock, $28,111,959, and for the United States share of the

18 increases in the resources of the Fund for Special Oper19 ations, $21,338,000, and for the United States share of the

20 capital stock of the Inter-American Investment Corporation,

21 $190,000, to remain available until expended: Provided,

22 That $25,269,224 of the amount made available for the

23 paid-in share portion of the increase in capital stock, and

24 $20,317,000 of the resources of the Fund for Special Oper25 ations shall be subject to the regular notification procedures

26 of the Committees on Appropriations.
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1 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

2 The United States Governor of the Inter-American De3 velopment Bank may subscribe without fiscal year limita4 tion to the callable capital portion of the United States

5 share of such capital stock in an amount not to exceed

6 $1,594,568,180.

7 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

8 MULTILATERAL INVESTMENT FUND

9 For payment to the Enterprise for the Americas Multi10 lateral Investment Fund by the Secretary of the Treasury,

11 for the United States contribution to the Fund to be admin12 istered by the Inter-American Development Bank,

13 $75,000,000 to remain available until expended.

14 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

15 For the United States contribution by the Secretary

16 of the Treasury to the increases in resources of the Asian

17 Development Fund, as authorized by the Asian Develop18 ment Bank Act, as amended (Public Law 89–369),

19 $167,960,000, to remain available until expended.

20 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

21 For payment to the African Development Fund by the

22 Secretary of the Treasury, $124,229,309, for the United

23 States contribution to the African Development Fund, to

24 remain available until expended: Provided, That of the

25 funds appropriated under this heading, $20,000,000 shall
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1 be subject to the regular notification procedures of the Com2 mittees on Appropriations.

3 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

4 For payment to the African Development Bank by the

5 Secretary of the Treasury, for the paid-in share portion of

6 the United States share of the increase in capital stock,

7 $133,000, to remain available until expended.

8 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

9 The United States Governor of the African Develop10 ment Bank may subscribe without fiscal year limitation to

11 the callable capital portion of the United States share of

12 such capital stock in an amount not to exceed $2,002,540.

13 CONTRIBUTION TO THE EUROPEAN BANK FOR

14 RECONSTRUCTION AND DEVELOPMENT

15 For payment to the European Bank for Reconstruction

16 and Development by the Secretary of the Treasury,

17 $69,180,353, for the United States share of the paid-in

18 share portion of the initial capital subscription, to remain

19 available until expended: Provided, That during fiscal year

20 1995 the number of shares of stock purchased shall be not

21 more than 600.

22 LIMITATION OF CALLABLE CAPITAL SUBSCRIPTIONS

23 The United States Governor of the European Bank for

24 Reconstruction and Development may subscribe without fis25 cal year limitation to the callable capital portion of the
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1 United States share of such capital stock in an amount not

2 to exceed $161,420,824.

3 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

4 For necessary expenses to carry out the provisions of

5 section 301 of the Foreign Assistance Act of 1961, and of

6 section 2 of the United Nations Environment Program Par7 ticipation Act of 1973, $366,000,000: Provided, That none

8 of the funds appropriated under this heading shall be made

9 available for the United Nations Fund for Science and

10 Technology: Provided further, That funds appropriated

11 under this heading may be made available for the Inter12 national Atomic Energy Agency only if the Secretary of

13 State determines (and so reports to the Congress) that Israel

14 is not being denied its right to participate in the activities

15 of that Agency: Provided further, That of the funds appro16 priated under this heading that are made available for the

17 United Nations Children’s Fund (UNICEF), 75 per centum

18 shall be obligated and expended no later than thirty days

19 after the date of enactment of this Act and 25 per centum

20 shall be expended within thirty days from the start of

21 UNICEF’s fourth quarter of operations for 1995: Provided

22 further, That none of the funds appropriated under this

23 heading that are made available to the United Nations Pop24 ulation Fund (UNFPA) shall be made available for activi25 ties in the People’s Republic of China: Provided further,

26 That not more than $40,000,000 of the funds appropriated
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1 under this heading may be made available to the UNFPA:

2 Provided further, That not more than one-half of this

3 amount may be provided to UNFPA before March 1, 1995,

4 and that no later than February 15, 1995, the Secretary

5 of State shall submit a report to the Committees on Appro6 priations indicating the amount UNFPA is budgeting for

7 the People’s Republic of China in 1995: Provided further,

8 That any amount UNFPA plans to spend in the People’s

9 Republic of China in 1995 above $7,000,000, shall be de10 ducted from the amount of funds provided to UNFPA after

11 March 1, 1995 pursuant to the previous provisos: Provided

12 further, That with respect to any funds appropriated under

13 this heading that are made available to UNFPA, UNFPA

14 shall be required to maintain such funds in a separate ac15 count and not commingle them with any other funds: Pro16 vided further, That notwithstanding the fifth proviso of this

17 heading, if UNFPA decides not to initiate a new program

18 in China after its current program ends in 1995, up to

19 an additional $20,000,000 of funds appropriated under this

20 heading may be made available to UNFPA.

21 TITLE II—BILATERAL ECONOMIC ASSISTANCE

22 FUNDS APPROPRIATED TO THE PRESIDENT

23 For expenses necessary to enable the President to carry

24 out the provisions of the Foreign Assistance Act of 1961,
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1 and for other purposes, to remain available until September

2 30, 1995, unless otherwise specified herein, as follows:

3 AGENCY FOR INTERNATIONAL DEVELOPMENT

4 DEVELOPMENT ASSISTANCE FUND

5 For necessary expenses to carry out the provisions of

6 sections 103 through 106 of the Foreign Assistance Act of

7 1961, $811,000,000, to remain available until September

8 30, 1996.

9 POPULATION, DEVELOPMENT ASSISTANCE

10 For necessary expenses to carry out the provisions of

11 section 104(b), $450,000,000, to remain available until Sep12 tember 30, 1996: Provided, That none of the funds made

13 available in this Act nor any unobligated balances from

14 prior appropriations may be made available to any organi15 zation or program which, as determined by the President

16 of the United States, supports or participates in the man17 agement of a program of coercive abortion or involuntary

18 sterilization: Provided further, That none of the funds made

19 available under this heading may be used to pay for the

20 performance of abortion as a method of family planning

21 or to motivate or coerce any person to practice abortions;

22 and that in order to reduce reliance on abortion in develop23 ing nations, funds shall be available only to voluntary fam24 ily planning projects which offer, either directly or through

25 referral to, or information about access to, a broad range

26 of family planning methods and services: Provided further,
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1 That in awarding grants for natural family planning

2 under section 104 of the Foreign Assistance Act of 1961 no

3 applicant shall be discriminated against because of such ap4 plicant’s religious or conscientious commitment to offer

5 only natural family planning; and, additionally, all such

6 applicants shall comply with the requirements of the pre7 vious proviso: Provided further, That nothing in this sub8 section shall be construed to alter any existing statutory

9 prohibitions against abortion under section 104 of the For10 eign Assistance Act of 1961.

11 DEVELOPMENT FUND FOR AFRICA

12 For necessary expenses to carry out the provisions of

13 chapter 10 of part I of the Foreign Assistance Act of 1961,

14 $790,000,000, to remain available until September 30,

15 1996: Provided, That none of the funds appropriated by this

16 Act to carry out chapters 1 and 10 of part I of the Foreign

17 Assistance Act of 1961 shall be transferred to the Govern18 ment of Zaire: Provided further, That funds appropriated

19 under this heading which are made available for activities

20 supported by the Southern Africa Development Community

21 shall be made available notwithstanding section 512 of this

22 Act and section 620(q) of the Foreign Assistance Act of

23 1961.

24 PRIVATE AND VOLUNTARY ORGANIZATIONS

25 None of the funds appropriated or otherwise made

26 available by this Act for development assistance may be
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1 made available to any United States private and voluntary

2 organization, except any cooperative development organiza3 tion, which obtains less than 20 per centum of its total an4 nual funding for international activities from sources other

5 than the United States Government: Provided, That the re6 quirements of the provisions of section 123(g) of the Foreign

7 Assistance Act of 1961 and the provisions on private and

8 voluntary organizations in title II of the ‘‘Foreign Assist9 ance and Related Programs Appropriations Act, 1985’’ (as

10 enacted in Public Law 98–473) shall be superseded by the

11 provisions of this section.

12 INTERNATIONAL DISASTER ASSISTANCE

13 For necessary expenses for international disaster relief,

14 rehabilitation, and reconstruction assistance pursuant to

15 section 491 of the Foreign Assistance Act of 1961, as amend16 ed, $169,998,000 to remain available until expended.

17 DEBT RESTRUCTURING

18 For the cost, as defined in section 13201 of the Budget

19 Enforcement Act of 1990, of modifying direct loans and

20 loan guarantees, as the President may determine, for which

21 funds have been appropriated or otherwise made available

22 for programs within the International Affairs Budget Func23 tion 150, $7,000,000, to remain available until expended:

24 Provided, That it is the sense of the Congress that a pro25 gram should be developed to undertake direct buy backs of

26 bilateral debt from eligible poor and lower-middle income
27

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1 countries with local currency offsets to fund development

2 and environmental activities, provided that such a program

3 would have no budgetary impact. The Administration

4 should consider how creative use of the sale of impaired

5 Third World debts might be used to lower debt overhangs

6 and generate local currencies for development and environ7 mental activities.

8 MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM

9 ACCOUNT

10 For the subsidy cost of direct loans and loan guaran11 tees, $1,500,000, as authorized by section 108 of the Foreign

12 Assistance Act of 1961, as amended: Provided, That such

13 costs shall be as defined in section 502 of the Congressional

14 Budget Act of 1974. In addition, for administrative ex15 penses to carry out programs under this heading, $500,000,

16 all of which may be transferred to and merged with the

17 appropriation for operating expenses of the Agency for

18 International Development.

19 HOUSING GUARANTY PROGRAM ACCOUNT

20 For the subsidy cost, as defined in section 13201 of

21 the Budget Enforcement Act of 1990, of guaranteed loans

22 authorized by sections 221 and 222 of the Foreign Assist23 ance Act of 1961, $19,300,000: Provided, That these funds

24 are available to subsidize loan principal, 100 percent of

25 which shall be guaranteed, pursuant to the authority of such

26 sections: Provided further, That the President shall enter
28

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1 into commitments to guarantee such loans in the full

2 amount provided under this heading, subject to the avail3 ability of qualified applicants for such guarantees. In addi4 tion, for administrative expenses to carry out guaranteed

5 loan programs, $8,000,000, all of which may be transferred

6 to and merged with the appropriation for Operating Ex7 penses of the Agency for International Development: Pro8 vided further, That commitments to guarantee loans under

9 this heading may be entered into notwithstanding the sec10 ond and third sentences of section 222(a) and, with regard

11 to programs for Eastern Europe and programs for the bene12 fit of South Africans disadvantaged by apartheid, section

13 223(j) of the Foreign Assistance Act of 1961: Provided fur14 ther, That none of the funds appropriated under this head15 ing shall be obligated except through the regular notification

16 procedures of the Committees on Appropriations.

17 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

18 DISABILITY FUND

19 For payment to the ‘‘Foreign Service Retirement and

20 Disability Fund’’, as authorized by the Foreign Service Act

21 of 1980, $45,118,000.

22 OPERATING EXPENSES OF THE AGENCY FOR

23 INTERNATIONAL DEVELOPMENT

24 For necessary expenses to carry out the provisions of

25 section 667, $517,500,000: Provided, That of this amount
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1 not more than $900,000 may be made available to pay for

2 printing costs.

3 OPERATING EXPENSES OF THE AGENCY FOR INTER4 NATIONAL DEVELOPMENT OFFICE OF INSPECTOR GEN5 ERAL

6 For necessary expenses to carry out the provisions of

7 section 667, $39,118,000, which sum shall be available for

8 the Office of the Inspector General of the Agency for Inter9 national Development.

10 ECONOMIC SUPPORT FUND

11 For necessary expenses to carry out the provisions of

12 chapter 4 of part II, $2,339,000,000, to remain available

13 until September 30, 1996: Provided, That any funds appro14 priated under this heading that are made available for Is15 rael shall be made available on a grant basis as a cash

16 transfer and shall be disbursed within thirty days of enact17 ment of this Act or by October 31, 1994, whichever is later:

18 Provided further, That any funds appropriated under this

19 heading that are made available for Egypt shall be provided

20 on a grant basis, of which sum cash transfer assistance may

21 be provided with the understanding that Egypt will under22 take significant economic reforms which are additional to

23 those which were undertaken in previous fiscal years: Pro24 vided further, That in exercising the authority to provide

25 cash transfer assistance for Israel and Egypt, the President

26 shall ensure that the level of such assistance does not cause
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1 an adverse impact on the total level of nonmilitary exports

2 from the United States to each such country: Provided fur3 ther, That it is the sense of the Congress that the rec4 ommended levels of assistance for Egypt and Israel are

5 based in great measure upon their continued participation

6 in the Camp David Accords and upon the Egyptian-Israeli

7 peace treaty: Provided further, That none of the funds ap8 propriated under this heading shall be made available for

9 Zaire.

10 INTERNATIONAL FUND FOR IRELAND

11 For necessary expenses to carry out the provisions of

12 part I of the Foreign Assistance Act of 1961, up to

13 $19,600,000, which shall be available for the United States

14 contribution to the International Fund for Ireland and

15 shall be made available in accordance with the provisions

16 of the Anglo-Irish Agreement Support Act of 1986 (Public

17 Law 99–415): Provided, That such amount shall be ex18 pended at the minimum rate necessary to make timely pay19 ment for projects and activities: Provided further, That

20 funds made available under this heading shall remain

21 available until expended.

22 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

23 STATES

24 (a) For necessary expenses to carry out the provisions

25 of the Foreign Assistance Act of 1961 and the Support for

26 East European Democracy (SEED) Act of 1989,
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1 $360,000,000, to remain available until expended, which

2 shall be available, notwithstanding any other provision of

3 law, for economic assistance for Eastern Europe and the

4 Baltic States.

5 (b) Funds appropriated under this heading or in prior

6 appropriations Acts that are or have been made available

7 for an Enterprise Fund may be deposited by such Fund

8 in interest-bearing accounts prior to the Fund’s disburse9 ment of such funds for program purposes. The Fund may

10 retain for such program purposes any interest earned on

11 such deposits without returning such interest to the Treas12 ury of the United States and without further appropriation

13 by the Congress. Funds made available for Enterprise

14 Funds shall be expended at the minimum rate necessary

15 to make timely payment for projects and activities.

16 (c) Funds appropriated under this heading shall be

17 considered to be economic assistance under the Foreign As18 sistance Act of 1961 for purposes of making available the

19 administrative authorities contained in that Act for the use

20 of economic assistance.

21 ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE

22 FORMER SOVIET UNION

23 (a) For necessary expenses to carry out the provisions

24 of chapter 11 of part I of the Foreign Assistance Act of 1961

25 and the FREEDOM Support Act, for assistance for the new

26 independent states of the former Soviet Union and for relat-
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1 ed programs, $900,000,000, to remain available until ex2 pended: Provided, That the provisions of 498B(j) of the For3 eign Assistance Act of 1961 shall apply to funds appro4 priated by this paragraph.

5 (b) None of the funds appropriated under this heading

6 shall be transferred to the Government of Russia—

7 (1) unless that Government is making progress

8 in implementing comprehensive economic reforms

9 based on market principles, private ownership, nego10 tiating repayment of commercial debt, respect for

11 commercial contracts, and equitable treatment of for12 eign private investment; and

13 (2) if that Government applies or transfers Unit14 ed States assistance to any entity for the purpose of

15 expropriating or seizing ownership or control of as16 sets, investments, or ventures.

17 (c) Funds may be furnished without regard to sub18 section (b) if the President determines that to do so is in

19 the national interest.

20 (d) None of the funds appropriated under this heading

21 shall be made available to any government of the new inde22 pendent states of the former Soviet Union if that govern23 ment directs any action in violation of the territorial integ24 rity or national sovereignty of any other new independent

25 state, such as those violations included in Principle Six of
33

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1 the Helsinki Final Act: Provided, That such funds may be

2 made available without regard to the restriction in this sub3 section if the President determines that to do so is in the

4 national interest of the United States: Provided further,

5 That the restriction of this subsection shall not apply to

6 the use of such funds for the provision of assistance for pur7 poses of humanitarian, disaster and refugee relief: Provided

8 further, That thirty days after the date of enactment of this

9 Act, and then annually thereafter, the Secretary of State

10 shall report to the Committees on Appropriations on steps

11 taken by the governments of the new independent states con12 cerning violations referred to in this subsection: Provided

13 further, That in preparing this report the Secretary shall

14 consult with the United States Representative to the Con15 ference on Security and Cooperation in Europe.

16 (e) None of the funds appropriated under this heading

17 for the new independent states of the former Soviet Union

18 shall be made available for any state to enhance its military

19 capability: Provided, That this restriction does not apply

20 to demilitarization, defense conversion or non-proliferation

21 programs, or programs to support troop withdrawal includ22 ing through the support of an officer resettlement program,

23 and technical assistance for the housing sector.
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1 (f) Funds appropriated under this heading shall be

2 subject to the regular reprogramming procedures of the

3 Committees on Appropriations.

4 (g) Funds appropriated under this heading may be

5 made available for assistance for Mongolia.

6 (h) Funds made available in this Act for assistance

7 to the New Independent States of the former Soviet Union

8 shall be provided to the maximum extent feasible through

9 the private sector, including private voluntary organiza10 tions and nongovernmental organizations functioning in

11 the New Independent States.

12 INDEPENDENT AGENCIES

13 AFRICAN DEVELOPMENT FOUNDATION

14 For necessary expenses to carry out the provisions of

15 title V of the International Security and Development Co16 operation Act of 1980, Public Law 96–533, and to make

17 such contracts and commitments without regard to fiscal

18 year limitations, as provided by section 9104, title 31,

19 United States Code, $16,905,000: Provided, That, when,

20 with the permission of the President of the Foundation,

21 funds made available to a grantee under this heading are

22 invested pending disbursement, the resulting interest is not

23 required to be deposited in the United States Treasury if

24 the grantee uses the resulting interest for the purpose for

25 which the grant was made: Provided further, That this pro-
35

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1 vision applies with respect to both interest earned before

2 and interest earned after the enactment of this provision:

3 Provided further, That notwithstanding section 505(a)(2)

4 of the African Development Foundation Act, in exceptional

5 circumstances the board of directors of the Foundation may

6 waive the dollar limitation contained in that section with

7 respect to a project: Provided further, That the Foundation

8 shall provide a report to the Committees on Appropriations

9 after each time such waiver authority is exercised.

10 INTER-AMERICAN FOUNDATION

11 For expenses necessary to carry out the functions of

12 the Inter-American Foundation in accordance with the pro13 visions of section 401 of the Foreign Assistance Act of 1969,

14 and to make such contracts and commitments without re15 gard to fiscal year limitations, as provided by section 9104,

16 title 31, United States Code, $30,960,000.

17 PEACE CORPS

18 For expenses necessary to carry out the provisions of

19 the Peace Corps Act (75 Stat. 612), $219,745,000, including

20 the purchase of not to exceed five passenger motor vehicles

21 for administrative purposes for use outside of the United

22 States: Provided, That none of the funds appropriated

23 under this heading shall be used to pay for abortions: Pro24 vided further, That funds appropriated under this heading

25 shall remain available until September 30, 1996.
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1 DEPARTMENT OF STATE

2 INTERNATIONAL NARCOTICS CONTROL

3 For necessary expenses to carry out the provisions of

4 section 481 of the Foreign Assistance Act of 1961,

5 $100,000,000.

6 MIGRATION AND REFUGEE ASSISTANCE

7 For expenses, not otherwise provided for, necessary to

8 enable the Secretary of State to provide, as authorized by

9 law, a contribution to the International Committee of the

10 Red Cross and assistance to refugees, including contribu11 tions to the Intergovernmental Committee for Migration

12 and the United Nations High Commissioner for Refugees;

13 salaries and expenses of personnel and dependents as au14 thorized by the Foreign Service Act of 1980; allowances as

15 authorized by sections 5921 through 5925 of title 5, United

16 States Code; hire of passenger motor vehicles; and services

17 as authorized by section 3109 of title 5,

18 United States Code, $670,688,000: Provided, That not more

19 than $11,500,000 of the funds appropriated under this

20 heading shall be available for the administrative expenses

21 of the Office of Refugee Programs of the Department of

22 State.

23 REFUGEE RESETTLEMENT ASSISTANCE

24 For necessary expenses for the targeted assistance pro25 gram authorized by title IV of the Immigration and Nation26 ality Act and section 501 of the Refugee Education Assist-
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1 ance Act of 1980 and administered by the Office of Refugee

2 Resettlement of the Department of Health and Human

3 Services, in addition to amounts otherwise available for

4 such purposes, $12,000,000.

5 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

6 ASSISTANCE FUND

7 For necessary expenses to carry out the provisions of

8 section 2(c) of the Migration and Refugee Assistance Act

9 of 1962, as amended (22 U.S.C. 260(c)), $50,000,000, to

10 remain available until expended: Provided, That the funds

11 made available under this heading are appropriated not12 withstanding the provisions contained in section 2(c)(2) of

13 the Migration and Refugee Assistance Act of 1962 which

14 would limit the amount of funds which could be appro15 priated for this purpose.

16 ANTI-TERRORISM ASSISTANCE

17 For necessary expenses to carry out the provisions of

18 chapter 8 of part II of the Foreign Assistance Act of 1961,

19 $15,244,000.

20 NONPROLIFERATION AND DISARMAMENT FUND

21 For necessary expenses for a ‘‘Nonproliferation and

22 Disarmament Fund’’, $10,000,000, to remain available

23 until expended, to promote bilateral and multilateral ac24 tivities: Provided, That such funds may be used pursuant

25 to the authorities contained in section 504 of the FREE26 DOM Support Act: Provided further, That such funds may
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1 also be used for such countries other than the new independ2 ent states of the former Soviet Union and international or3 ganizations when it is in the national security interest of

4 the United States to do so: Provided further, That funds

5 appropriated under this heading may be made available

6 notwithstanding any other provision of law: Provided fur7 ther, That funds appropriated under this heading shall be

8 subject to the regular notification procedures of the Commit9 tees on Appropriations.

10 TITLE III—MILITARY ASSISTANCE

11 FUNDS APPROPRIATED TO THE PRESIDENT

12 INTERNATIONAL MILITARY EDUCATION AND TRAINING

13 For necessary expenses to carry out the provisions of

14 section 541 of the Foreign Assistance Act of 1961,

15 $25,500,000: Provided, That up to $300,000 of the funds

16 appropriated under this heading may be made available for

17 grant financed military education and training for any

18 country whose annual per capita GNP exceeds $2,349 on

19 the condition that that country agrees to fund from its own

20 resources the transportation cost and living allowances of

21 its students: Provided further, That the civilian personnel

22 for whom military education and training may be provided

23 under this heading may also include members of national

24 legislatures who are responsible for the oversight and man25 agement of the military: Provided further, That none of the
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1 funds appropriated under this heading shall be available

2 for Indonesia and Zaire: Provided further, That none of

3 the funds appropriated by this Act shall be used to facilitate

4 the provision of IMET to Indonesia: Provided further, That

5 a report is to be submitted to the Committees on Appropria6 tions addressing how the proposed School of the Americas

7 IMET program will contribute to the promotion of human

8 rights, respect for civilian authority and the rule of law,

9 the establishment of legitimate judicial mechanisms for the

10 military, and achieving the goal of right sizing military

11 forces.

12 For necessary expenses, for the military-to-military

13 contact program of the Department of Defense, $12,000,000,

14 to be made available only for activities for East European

15 countries and the Baltic States.

16 FOREIGN MILITARY FINANCING PROGRAM

17 For expenses necessary for grants to enable the Presi18 dent to carry out the provisions of section 23 of the Arms

19 Export Control Act, $3,149,279,000: Provided, That funds

20 appropriated by this paragraph that are made available

21 for Israel and Egypt shall be available only as grants: Pro22 vided further, That the funds appropriated by this para23 graph that are made available for Israel shall be disbursed

24 within thirty days of enactment of this Act or by October

25 31, 1994, whichever is later: Provided further, That funds

26 made available under this paragraph shall be nonrepayable
40

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1 notwithstanding any requirement in section 23 of the Arms

2 Export Control Act.

3 For the cost, as defined in section 13201 of the Budget

4 Enforcement Act of 1990, of direct loans authorized by sec5 tion 23 of the Arms Export Control Act as follows: cost of

6 direct loans, $47,917,000: Provided, That these funds are

7 available to subsidize gross obligations for the principal

8 amount of direct loans of not to exceed $619,650,000: Pro9 vided further, That the rate of interest charged on such

10 loans shall be not less than the current average market yield

11 on outstanding marketable obligations of the United States

12 of comparable maturities: Provided further, That the prin13 cipal amount of direct loans for Greece and Turkey shall

14 be made available according to a 7 to 10 ratio: Provided

15 further, That 25 percent of the principal amount of direct

16 loans for Turkey shall be withheld until the Secretary of

17 State, in consultation with the Secretary of Defense, has

18 submitted to the Committees on Appropriations a report

19 addressing, among other things, the allegations of abuses

20 against civilians by the Turkish armed forces and the situa21 tion in Cyprus, and a separate notification has been sub22 mitted at least 15 days prior to the obligation of such funds:

23 Provided further, That 25 percent of the principal amount

24 of direct loans for Greece shall be withheld until the Sec25 retary of State has submitted to the Committees on Appro-
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1 priations a report on the allegations of Greek violations of

2 the United Nations sanctions against Serbia and of the

3 United Nations Charter, and a separate notification has

4 been submitted at least 15 days prior to the obligation of

5 such funds.

6 None of the funds made available under this heading

7 shall be available to finance the procurement of defense arti8 cles, defense services, or design and construction services

9 that are not sold by the United States Government under

10 the Arms Export Control Act unless the foreign country pro11 posing to make such procurements has first signed an agree12 ment with the United States Government specifying the

13 conditions under which such procurements may be financed

14 with such funds: Provided, That all country and funding

15 level increases in allocations shall be submitted through the

16 regular notification procedures of section 515 of this Act:

17 Provided further, That funds made available under this

18 heading shall be obligated upon apportionment in accord19 ance with paragraph (5)(C) of title 31, United States Code,

20 section 1501(a): Provided further, That none of the funds

21 appropriated under this heading shall be available for

22 Zaire, Sudan, Liberia, Guatemala, Peru, and Malawi: Pro23 vided further, That none of the funds appropriated under

24 this heading may be made available for Colombia or Bolivia

25 until the Secretary of State certifies that such funds will
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1 not be used by such country for purposes other than counter2 narcotics activities: Provided further, That not more than

3 $100,000,000 of the funds made available under this head4 ing shall be available for use in financing the procurement

5 of defense articles, defense services, or design and construc6 tion services that are not sold by the United States Govern7 ment under the Arms Export Control Act to countries other

8 than Israel and Egypt: Provided further, That only those

9 countries for which assistance was justified for the ‘‘Foreign

10 Military Sales Financing Program’’ in the fiscal year 1989

11 congressional presentation for security assistance programs

12 may utilize funds made available under this heading for

13 procurement of defense articles, defense services or design

14 and construction services that are not sold by the United

15 States Government under the Arms Export Control Act:

16 Provided further, That, subject to the regular notification

17 procedures of the Committees on Appropriations, funds

18 made available under this heading for the cost of direct

19 loans may also be used to supplement the funds available

20 under this heading for necessary expenses for grants if coun21 tries specified under this heading as eligible for such direct

22 loans decline to utilize such loans: Provided further, That

23 funds appropriated under this heading shall be expended

24 at the minimum rate necessary to make timely payment

25 for defense articles and services: Provided further, That the
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1 Department of Defense shall conduct during the current fis2 cal year nonreimbursable audits of private firms whose con3 tracts are made directly with foreign governments and are

4 financed with funds made available under this heading (as

5 well as subcontractors thereunder) as requested by the De6 fense Security Assistance Agency: Provided further, That

7 not more than $22,150,000 of the funds appropriated under

8 this heading may be obligated for necessary expenses, in9 cluding the purchase of passenger motor vehicles for replace10 ment only for use outside of the United States, for the gen11 eral costs of administering military assistance and sales:

12 Provided further, That not more than $335,000,000 of funds

13 realized pursuant to section 21(e)(1)(A) of the Arms Export

14 Control Act may be obligated for expenses incurred by the

15 Department of Defense during the fiscal year 1994 pursu16 ant to section 43(b) of the Arms Export Control Act, except

17 that this limitation may be exceeded only through the regu18 lar notification procedures of the Committees on Appropria19 tions: Provided further, That none of the funds appro20 priated under this heading, and no employee of the Defense

21 Security Assistance Agency, may be used to facilitate the

22 transport of aircraft to commercial arms sales shows.

23 PEACEKEEPING OPERATIONS

24 For necessary expenses to carry out the provisions of

25 section 551 of the Foreign Assistance Act of 1961,

26 $75,000,000.
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1 TITLE IV—EXPORT ASSISTANCE

2 EXPORT-IMPORT BANK OF THE UNITED STATES

3 The Export-Import Bank of the United States is au4 thorized to make such expenditures within the limits of

5 funds and borrowing authority available to such corpora6 tion, and in accordance with law, and to make such con7 tracts and commitments without regard to fiscal year limi8 tations, as provided by section 104 of the Government Cor9 poration Control Act, as may be necessary in carrying out

10 the program for the current fiscal year for such corporation:

11 Provided, That none of the funds available during the cur12 rent fiscal year may be used to make expenditures, con13 tracts, or commitments for the export of nuclear equipment,

14 fuel, or technology to any country other than a nuclear15 weapon State as defined in article IX of the Treaty on the

16 Non-Proliferation of Nuclear Weapons eligible to receive

17 economic or military assistance under this Act that has det18 onated a nuclear explosive after the date of enactment of

19 this Act.

20 SUBSIDY APPROPRIATION

21 For the cost of direct loans, loan guarantees, insurance,

22 and tied-aid grants as authorized by section 10 of the Ex23 port-Import Bank Act of 1945, as amended, $792,653,000

24 to remain available until September 30, 1996: Provided,

25 That such costs, including the cost of modifying such loans,

26 shall be as defined in section 502 of the Congressional Budg-
45

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1 et Act of 1974: Provided further, That these funds are avail2 able to subsidize gross obligations for the principal amount

3 of direct loans, and tied-aid grants, and total loan prin4 cipal, any part of which is to be guaranteed, including in5 surance, of not to exceed $19,000,000,000: Provided further,

6 That such sums shall remain available until 2010 for the

7 disbursement of direct loans, loan guarantees, insurance

8 and tied-aid grants obligated in fiscal years 1995 and 1996:

9 Provided further, That up to $100,000,000 of funds appro10 priated by this paragraph shall remain available until ex11 pended and may be used for tied-aid grant purposes: Pro12 vided further, That none of the funds appropriated by this

13 paragraph may be used for tied-aid credits or grants except

14 through the regular notification procedures of the Commit15 tees on Appropriations: Provided further, That funds ap16 propriated by this paragraph are made available notwith17 standing section 2(b)(2) of the Export-Import Bank Act of

18 1945, in connection with the purchase or lease of any prod19 uct by any East European country, any Baltic State, or

20 any agency or national thereof.

21 ADMINISTRATIVE EXPENSES

22 For administrative expenses to carry out the direct

23 and guaranteed loan and insurance programs (to be com24 puted on an accrual basis), including hire of passenger

25 motor vehicles and services as authorized by 5 U.S.C. 3109,

26 and not to exceed $20,000 for official reception and rep-
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1 resentation expenses for members of the Board of Directors,

2 $44,550,000: Provided, That necessary expenses (including

3 special services performed on a contract or fee basis, but

4 not including other personal services) in connection with

5 the collection of moneys owed the Export-Import Bank, re6 possession or sale of pledged collateral or other assets ac7 quired by the Export-Import Bank in satisfaction of mon8 eys owed the Export-Import Bank, or the investigation or

9 appraisal of any property, or the evaluation of the legal

10 or technical aspects of any transaction for which an appli11 cation for a loan, guarantee or insurance commitment has

12 been made, shall be considered nonadministrative expenses

13 for the purposes of this heading.

14 OVERSEAS PRIVATE INVESTMENT CORPORATION

15 PROGRAM ACCOUNT

16 For the subsidy cost as defined in section 13201 of the

17 Budget Enforcement Act of 1990, of direct and guaranteed

18 loans authorized by section 234 of the Foreign Assistance

19 Act of 1961, as follows: cost of direct and guaranteed loans,

20 $23,296,000. In addition, for administrative expenses to

21 carry out the direct and guaranteed loan programs,

22 $7,933,000: Provided, That the funds provided in this para23 graph shall be available for and apply to costs, direct loan

24 obligations and loan guaranty commitments incurred or

25 made during the period from October 1, 1994 through Sep26 tember 30, 1996: Provided further, That such sums are to
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1 remain available through fiscal year 2003 for the disburse2 ment of direct and guaranteed loans obligated in fiscal year

3 1995, and through 2004 for the disbursement of direct and

4 guaranteed loans obligated in fiscal year 1996.

5 The Overseas Private Investment Corporation is au6 thorized to make, without regard to fiscal year limitations,

7 as provided by 31 U.S.C. 9104, such noncredit expenditures

8 and commitments within the limits of funds available to

9 it and in accordance with law (including an amount for

10 official reception and representation expenses which shall

11 not exceed $35,000) as may be necessary.

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 TRADE AND DEVELOPMENT AGENCY

14 For necessary expenses to carry out the provisions of

15 section 661 of the Foreign Assistance Act of 1961,

16 $44,986,000.

17 TITLE V—GENERAL PROVISIONS

18 OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

19 SEC. 501. Except for the appropriations entitled

20 ‘‘International Disaster Assistance’’, and ‘‘United States

21 Emergency Refugee and Migration Assistance Fund’’, not

22 more than 15 per centum of any appropriation item made

23 available by this Act shall be obligated during the last

24 month of availability.
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1 PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL

2 FINANCIAL INSTITUTIONS

3 SEC. 502. None of the funds contained in title II of

4 this Act may be used to carry out the provisions of section

5 209(d) of the Foreign Assistance Act of 1961.

6 LIMITATION ON RESIDENCE EXPENSES

7 SEC. 503. Of the funds appropriated or made available

8 pursuant to this Act, not to exceed $126,500 shall be for

9 official residence expenses of the Agency for International

10 Development during the current fiscal year: Provided, That

11 appropriate steps shall be taken to assure that, to the maxi12 mum extent possible, United States-owned foreign cur13 rencies are utilized in lieu of dollars.

14 LIMITATION ON EXPENSES

15 SEC. 504. Of the funds appropriated or made available

16 pursuant to this Act, not to exceed $5,000 shall be for enter17 tainment expenses of the Agency for International Develop18 ment during the current fiscal year.

19 LIMITATION ON REPRESENTATIONAL ALLOWANCES

20 SEC. 505. Of the funds appropriated or made available

21 pursuant to this Act, not to exceed $95,000 shall be avail22 able for representation allowances for the Agency for Inter23 national Development during the current fiscal year: Pro24 vided, That appropriate steps shall be taken to assure that,

25 to the maximum extent possible, United States-owned for26 eign currencies are utilized in lieu of dollars: Provided fur-
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1 ther, That of the funds made available by this Act for gen2 eral costs of administering military assistance and sales

3 under the heading ‘‘Foreign Military Financing Program’’,

4 not to exceed $2,000 shall be available for entertainment

5 expenses and not to exceed $50,000 shall be available for

6 representation allowances: Provided further, That of the

7 funds made available by this Act under the heading ‘‘Inter8 national Military Education and Training’’, not to exceed

9 $50,000 shall be available for entertainment allowances:

10 Provided further, That of the funds made available by this

11 Act for the Inter-American Foundation, not to exceed

12 $2,000 shall be available for entertainment and representa13 tion allowances: Provided further, That of the funds made

14 available by this Act for the Peace Corps, not to exceed a

15 total of $4,000 shall be available for entertainment expenses:

16 Provided further, That of the funds made available by this

17 Act under the heading ‘‘Trade and Development Agency’’,

18 not to exceed $2,000 shall be available for representation

19 and entertainment allowances.

20 PROHIBITION ON FINANCING NUCLEAR GOODS

21 SEC. 506. None of the funds appropriated or made

22 available (other than funds for ‘‘International Organiza23 tions and Programs’’) pursuant to this Act, for carrying

24 out the Foreign Assistance Act of 1961, may be used, except

25 for purposes of nuclear safety, to finance the export of nu26 clear equipment, fuel, or technology.
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1 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

2 COUNTRIES

3 SEC. 507. None of the funds appropriated or otherwise

4 made available pursuant to this Act shall be obligated or

5 expended to finance directly any assistance or reparations

6 to Cuba, Iraq, Libya, the Socialist Republic of Vietnam,

7 Iran, Serbia, Sudan, or Syria: Provided, That for purposes

8 of this section, the prohibition on obligations or expendi9 tures shall include direct loans, credits, insurance and

10 guarantees of the Export-Import Bank or its agents.

11 MILITARY COUPS

12 SEC. 508. None of the funds appropriated or otherwise

13 made available pursuant to this Act shall be obligated or

14 expended to finance directly any assistance to any country

15 whose duly elected Head of Government is deposed by mili16 tary coup or decree: Provided, That assistance may be re17 sumed to such country if the President determines and re18 ports to the Committees on Appropriations that subsequent

19 to the termination of assistance a democratically elected

20 government has taken office.

21 TRANSFERS BETWEEN ACCOUNTS

22 SEC. 509. None of the funds made available by this

23 Act may be obligated under an appropriation account to

24 which they were not appropriated, unless the President,

25 prior to the exercise of any authority contained in the For26 eign Assistance Act of 1961 to transfer funds, consults with
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1 and provides a written policy justification to the Commit2 tees on Appropriations of the House of Representatives and

3 the Senate: Provided, That the exercise of such authority

4 shall be subject to the regular notification procedures of the

5 Committees on Appropriations.

6 DEOBLIGATION/REOBLIGATION AUTHORITY

7 SEC. 510. (a) Amounts certified pursuant to section

8 1311 of the Supplemental Appropriations Act, 1955, as

9 having been obligated against appropriations heretofore

10 made under the authority of the Foreign Assistance Act of

11 1961 for the same general purpose as any of the headings

12 under the ‘‘Agency for International Development’’ are, if

13 deobligated, hereby continued available for the same period

14 as the respective appropriations under such headings or

15 until September 30, 1995, whichever is later, and for the

16 same general purpose, and for countries within the same

17 region as originally obligated: Provided, That the Appro18 priations Committees of both Houses of the Congress are

19 notified fifteen days in advance of the deobligation and

20 reobligation of such funds in accordance with regular notifi21 cation procedures of the Committees on Appropriations.

22 (b) Obligated balances of funds appropriated to carry

23 out section 23 of the Arms Export Control Act as of the

24 end of the fiscal year immediately preceding the current

25 fiscal year are, if deobligated, hereby continued available

26 during the current fiscal year for the same purpose under
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1 any authority applicable to such appropriations under this

2 Act: Provided, That the authority of this subsection may

3 not be used in fiscal year 1995.

4 AVAILABILITY OF FUNDS

5 SEC. 511. No part of any appropriation contained in

6 this Act shall remain available for obligation after the expi7 ration of the current fiscal year unless expressly so provided

8 in this Act: Provided, That funds appropriated for the pur9 poses of chapters 1 and 8 of part I, section 667, and chapter

10 4 of part II of the Foreign Assistance Act of 1961, as

11 amended, shall remain available until expended if such

12 funds are initially obligated before the expiration of their

13 respective periods of availability contained in this Act: Pro14 vided further, That, notwithstanding any other provision

15 of this Act, any funds made available for the purposes of

16 chapter 1 of part I and chapter 4 of part II of the Foreign

17 Assistance Act of 1961 which are allocated or obligated for

18 cash disbursements in order to address balance of payments

19 or economic policy reform objectives, shall remain available

20 until expended: Provided further, That the report required

21 by section 653(a) of the Foreign Assistance Act of 1961 shall

22 designate for each country, to the extent known at the time

23 of submission of such report, those funds allocated for cash

24 disbursement for balance of payment and economic policy

25 reform purposes.
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1 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

2 SEC. 512. No part of any appropriation contained in

3 this Act shall be used to furnish assistance to any country

4 which is in default during a period in excess of one calendar

5 year in payment to the United States of principal or inter6 est on any loan made to such country by the United States

7 pursuant to a program for which funds are appropriated

8 under this Act: Provided, That this section and section

9 620(q) of the Foreign Assistance Act of 1961 shall not apply

10 to funds made available in this Act or during the current

11 fiscal year for Nicaragua, and for any narcotics-related as12 sistance for Colombia, Bolivia, and Peru authorized by the

13 Foreign Assistance Act of 1961 or the Arms Export Control

14 Act.

15 COMMERCE AND TRADE

16 SEC. 513. (a) None of the funds appropriated or made

17 available pursuant to this Act for direct assistance and

18 none of the funds otherwise made available pursuant to this

19 Act to the Export-Import Bank and the Overseas Private

20 Investment Corporation shall be obligated or expended to

21 finance any loan, any assistance or any other financial

22 commitments for establishing or expanding production of

23 any commodity for export by any country other than the

24 United States, if the commodity is likely to be in surplus

25 on world markets at the time the resulting productive ca26 pacity is expected to become operative and if the assistance
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1 will cause substantial injury to United States producers of

2 the same, similar, or competing commodity: Provided, That

3 such prohibition shall not apply to the Export-Import Bank

4 if in the judgment of its Board of Directors the benefits to

5 industry and employment in the United States are likely

6 to outweigh the injury to United States producers of the

7 same, similar, or competing commodity.

8 (b) None of the funds appropriated by this or any other

9 Act to carry out chapter 1 of part I of the Foreign Assist10 ance Act of 1961 shall be available for any testing or breed11 ing feasibility study, variety improvement or introduction,

12 consultancy, publication, conference, or training in connec13 tion with the growth or production in a foreign country

14 of an agricultural commodity for export which would com15 pete with a similar commodity grown or produced in the

16 United States: Provided, That this subsection shall not pro17 hibit—

18 (1) activities designed to increase food security

19 in developing countries where such activities will not

20 have a significant impact in the export of agricul21 tural commodities of the United States; or

22 (2) research activities intended primarily to ben23 efit American producers.

24 (c) None of the funds provided in this Act to the Agen25 cy for International Development, other than funds made
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1 available to carry out Caribbean Basin Initiative programs

2 under the Tariff Schedules of the United States, section

3 1202 of title 19, United States Code, schedule 8, part I,

4 subpart B, item 807.00, shall be obligated or expended—

5 (1) to procure directly feasibility studies or

6 prefeasibility studies for, or project profiles of poten7 tial investment in, the manufacture, for export to the

8 United States or to third country markets in direct

9 competition with United States exports, of import10 sensitive articles as defined by section 503(c)(1) (A)

11 and (E) of the Tariff Act of 1930 (19 U.S.C.

12 2463(c)(1) (A) and (E)); or

13 (2) to assist directly in the establishment of fa14 cilities specifically designed for the manufacture, for

15 export to the United States or to third country mar16 kets in direct competition with United States exports,

17 of import-sensitive articles as defined in section

18 503(c)(1) (A) and (E) of the Tariff Act of 1930 (19

19 U.S.C. 2463(c)(1) (A) and (E)).

20 SURPLUS COMMODITIES

21 SEC. 514. The Secretary of the Treasury shall instruct

22 the United States Executive Directors of the International

23 Bank for Reconstruction and Development, the Inter24 national Development Association, the International Fi25 nance Corporation, the Inter-American Development Bank,

26 the International Monetary Fund, the Asian Development
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1 Bank, the Inter-American Investment Corporation, the Eu2 ropean Bank for Reconstruction and Development, the Afri3 can Development Bank, and the African Development Fund

4 to use the voice and vote of the United States to oppose

5 any assistance by these institutions, using funds appro6 priated or made available pursuant to this Act, for the pro7 duction or extraction of any commodity or mineral for ex8 port, if it is in surplus on world markets and if the assist9 ance will cause substantial injury to United States produc10 ers of the same, similar, or competing commodity.

11 NOTIFICATION REQUIREMENTS

12 SEC. 515. For the purposes of providing the Executive

13 Branch with the necessary administrative flexibility, none

14 of the funds made available under this Act for ‘‘Develop15 ment Assistance Fund’’, ‘‘Population, Development Assist16 ance’’, ‘‘Development Fund for Africa’’, ‘‘International or17 ganizations and programs’’, ‘‘Trade and Development

18 Agency’’, ‘‘International narcotics control’’, ‘‘Assistance for

19 Eastern Europe and the Baltic States’’, ‘‘Assistance for the

20 New Independent States of the Former Soviet Union’’,

21 ‘‘Economic Support Fund’’, ‘‘Peacekeeping operations’’,

22 ‘‘Operating expenses of the Agency for International Devel23 opment’’, ‘‘Operating expenses of the Agency for Inter24 national Development Office of Inspector General’’, ‘‘Anti25 terrorism assistance’’, ‘‘Foreign Military Financing Pro26 gram’’, ‘‘International military education and training’’
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1 (including the military-to-military contact program),

2 ‘‘Inter-American Foundation’’, ‘‘African Development

3 Foundation’’, ‘‘Peace Corps’’, or ‘‘Migration and refugee as4 sistance’’, shall be available for obligation for activities,

5 programs, projects, type of materiel assistance, countries,

6 or other operation not justified or in excess of the amount

7 justified to the Appropriations Committees for obligation

8 under any of these specific headings unless the Appropria9 tions Committees of both Houses of Congress are previously

10 notified fifteen days in advance: Provided, That the Presi11 dent shall not enter into any commitment of funds appro12 priated for the purposes of section 23 of the Arms Export

13 Control Act for the provision of major defense equipment,

14 other than conventional ammunition, or other major defense

15 items defined to be aircraft, ships, missiles, or combat vehi16 cles, not previously justified to Congress or 20 per centum

17 in excess of the quantities justified to Congress unless the

18 Committees on Appropriations are notified fifteen days in

19 advance of such commitment: Provided further, That this

20 section shall not apply to any reprogramming for an activ21 ity, program, or project under chapter 1 of part I of the

22 Foreign Assistance Act of 1961 of less than 20 per centum

23 of the amount previously justified to the Congress for obliga24 tion for such activity, program, or project for the current

25 fiscal year: Provided further, That the requirements of this
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1 section or any similar provision of this Act requiring notifi2 cation in accordance with the regular notification proce3 dures of the Committees on Appropriations may be waived

4 if failure to do so would pose a substantial risk to human

5 health or welfare: Provided further, That in case of any such

6 waiver, notification to the Congress, or the appropriate con7 gressional committees, shall be provided as early as prac8 ticable, but in no event later than three days after taking

9 the action to which such notification requirement was ap10 plicable, in the context of the circumstances necessitating

11 such waiver: Provided further, That any notification pro12 vided pursuant to such a waiver shall contain an expla13 nation of the emergency circumstances.

14 Drawdowns made pursuant to section 506(a)(2) of the

15 Foreign Assistance Act of 1961 shall be subject to the regu16 lar notification procedures of the Committees on Appropria17 tions.

18 LIMITATION ON AVAILABILITY OF FUNDS FOR

19 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

20 SEC. 516. (a) Notwithstanding any other provision of

21 law or of this Act, none of the funds provided for ‘‘Inter22 national Organizations and Programs’’ shall be available

23 for the United States proportionate share, in accordance

24 with section 307(c) of the Foreign Assistance Act of 1961,

25 for any programs identified in section 307, or for Libya,

26 Iran, or, at the discretion of the President, Communist
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1 countries listed in section 620(f) of the Foreign Assistance

2 Act of 1961, as amended: Provided, That, subject to the

3 regular notification procedures of the Committees on Ap4 propriations, funds appropriated under this Act or any

5 previously enacted Act making appropriations for foreign

6 operations, export financing, and related programs, which

7 are returned or not made available for organizations and

8 programs because of the implementation of this section or

9 any similar provision of law, shall remain available for ob10 ligation through September 30, 1996.

11 (b) The United States shall not make any voluntary

12 or assessed contribution—

13 (1) to any affiliated organization of the United

14 Nations which grants full membership as a state to

15 any organization or group that does not have the

16 internationally recognized attributes of statehood, or

17 (2) to the United Nations, if the United Nations

18 grants full membership as a state in the United Na19 tions to any organization or group that does not have

20 the internationally recognized attributes of statehood,

21 during any period in which such membership is effective.

22 ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL

23 SEC. 517. The Congress finds that progress on the

24 peace process in the Middle East is vitally important to

25 United States security interests in the region. The Congress

26 recognizes that, in fulfilling its obligations under the Treaty
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1 of Peace Between the Arab Republic of Egypt and the State

2 of Israel, done at Washington on March 26, 1979, Israel

3 incurred severe economic burdens. Furthermore, the Con4 gress recognizes that an economically and militarily secure

5 Israel serves the security interests of the United States, for

6 a secure Israel is an Israel which has the incentive and

7 confidence to continue pursuing the peace process. There8 fore, the Congress declares that it is the policy and the in9 tention of the United States that the funds provided in an10 nual appropriations for the Economic Support Fund which

11 are allocated to Israel shall not be less than the annual debt

12 repayment (interest and principal) from Israel to the Unit13 ed States Government in recognition that such a principle

14 serves United States interests in the region.

15 PROHIBITION CONCERNING ABORTIONS AND INVOLUNTARY

16 STERILIZATION

17 SEC. 518. None of the funds made available to carry

18 out part I of the Foreign Assistance Act of 1961, as amend19 ed, may be used to pay for the performance of abortions

20 as a method of family planning or to motivate or coerce

21 any person to practice abortions. None of the funds made

22 available to carry out part I of the Foreign Assistance Act

23 of 1961, as amended, may be used to pay for the perform24 ance of involuntary sterilization as a method of family

25 planning or to coerce or provide any financial incentive

26 to any person to undergo sterilizations. None of the funds
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1 made available to carry out part I of the Foreign Assistance

2 Act of 1961, as amended, may be used to pay for any bio3 medical research which relates in whole or in part, to meth4 ods of, or the performance of, abortions or involuntary steri5 lization as a means of family planning. None of the funds

6 made available to carry out part I of the Foreign Assistance

7 Act of 1961, as amended, may be obligated or expended for

8 any country or organization if the President certifies that

9 the use of these funds by any such country or organization

10 would violate any of the above provisions related to abor11 tions and involuntary sterilizations. The Congress reaffirms

12 its commitments to Population, Development Assistance

13 and to the need for informed voluntary family planning.

14 REPORTING REQUIREMENT

15 SEC. 519. The President shall submit to the Commit16 tees on Appropriations the reports required by section

17 25(a)(1) of the Arms Export Control Act.

18 SPECIAL NOTIFICATION REQUIREMENTS

19 SEC. 520. None of the funds appropriated in this Act

20 shall be obligated or expended for Colombia, El Salvador,

21 Guatemala, Haiti, Indonesia, Liberia, Nicaragua, Paki22 stan, Peru, Rwanda, Sudan, or Zaire except as provided

23 through the regular notification procedures of the Commit24 tees on Appropriations: Provided, That this section shall

25 not apply to funds appropriated by this Act to carry out

26 the provisions of chapter 1 of part I of the Foreign Assist-
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1 ance Act of 1961 that are made available for El Salvador

2 and Nicaragua.

3 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

4 SEC. 521. For the purpose of this Act, ‘‘program,

5 project, and activity’’ shall be defined at the Appropriations

6 Act account level and shall include all Appropriations and

7 Authorizations Acts earmarks, ceilings, and limitations

8 with the exception that for the following accounts: Economic

9 Support Fund and Foreign Military Financing Program,

10 ‘‘program, project, and activity’’ shall also be considered

11 to include country, regional, and central program level

12 funding within each such account; for the development as13 sistance accounts of the Agency for International Develop14 ment ‘‘program, project, and activity’’ shall also be consid15 ered to include central program level funding, either as (1)

16 justified to the Congress, or (2) allocated by the executive

17 branch in accordance with a report, to be provided to the

18 Committees on Appropriations within thirty days of enact19 ment of this Act, as required by section 653(a) of the For20 eign Assistance Act of 1961.

21 FAMILY PLANNING, CHILD SURVIVAL AND AIDS ACTIVITIES

22 SEC. 522. Up to $8,000,000 of the funds made avail23 able by this Act for assistance for family planning, health,

24 child survival, and AIDS, may be used to reimburse United

25 States Government agencies, agencies of State governments,

26 institutions of higher learning, and private and voluntary
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1 organizations for the full cost of individuals (including for

2 the personal services of such individuals) detailed or as3 signed to, or contracted by, as the case may be, the Agency

4 for International Development for the purpose of carrying

5 out family planning activities, child survival activities and

6 activities relating to research on, and the treatment and

7 control of, acquired immune deficiency syndrome in devel8 oping countries: Provided, That such individuals shall not

9 be included within any personnel ceiling applicable to any

10 United States Government agency during the period of de11 tail or assignment: Provided further, That funds appro12 priated by this Act that are made available for child sur13 vival activities or activities relating to research on, and the

14 treatment and control of, acquired immune deficiency syn15 drome may be made available notwithstanding any provi16 sion of law that restricts assistance to foreign countries:

17 Provided further, That funds appropriated by this Act that

18 are made available for family planning activities may be

19 made available notwithstanding section 512 of this Act and

20 section 620(q) of the Foreign Assistance Act of 1961.

21 PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN

22 COUNTRIES

23 SEC. 523. None of the funds appropriated or otherwise

24 made available pursuant to this Act shall be obligated to

25 finance indirectly any assistance or reparations to Cuba,

26 Iraq, Libya, the Socialist Republic of Vietnam, Iran, Syria,
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1 North Korea, People’s Republic of China, or Laos unless

2 the President of the United States certifies that the with3 holding of these funds is contrary to the national interest

4 of the United States.

5 RECIPROCAL LEASING

6 SEC. 524. Section 61(a) of the Arms Export Control

7 Act is amended by striking out ‘‘1994’’ and inserting in

8 lieu thereof ‘‘1995’’.

9 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

10 SEC. 525. Prior to providing excess Department of De11 fense articles in accordance with section 516(a) of the For12 eign Assistance Act of 1961, the Department of Defense shall

13 notify the Committees on Appropriations to the same extent

14 and under the same conditions as are other committees pur15 suant to subsection (c) of that section: Provided, That before

16 issuing a letter of offer to sell excess defense articles under

17 the Arms Export Control Act, the Department of Defense

18 shall notify the Committees on Appropriations in accord19 ance with the regular notification procedures of such Com20 mittees: Provided further, That such Committees shall also

21 be informed of the original acquisition cost of such defense

22 articles.

23 AUTHORIZATION REQUIREMENT

24 SEC. 526. Funds appropriated by this Act may be obli25 gated and expended subject to section 10 of Public Law 91–
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1 672 and section 15 of the State Department Basic Authori2 ties Act of 1956.

3 DEPLETED URANIUM

4 SEC. 527. None of the funds provided in this or any

5 other Act may be made available to facilitate in any way

6 the sale of M–833 antitank shells or any comparable anti7 tank shells containing a depleted uranium penetrating com8 ponent to any country other than (1) countries which are

9 members of NATO, (2) countries which have been des10 ignated as a major non-NATO ally for purposes of section

11 1105 of the National Defense Authorization Act for Fiscal

12 Year 1987 or, (3) Taiwan: Provided, That funds may be

13 made available to facilitate the sale of such shells notwith14 standing the limitations of this section if the President de15 termines that to do so is in the national security interest

16 of the United States.

17 OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES BY

18 INTERNATIONAL FINANCIAL INSTITUTIONS

19 SEC. 528. (a) INSTRUCTIONS FOR UNITED STATES EX20 ECUTIVE DIRECTORS.—The Secretary of the Treasury shall

21 instruct the United States Executive Director of each inter22 national financial institution designated in subsection (b),

23 and the Administrator of the Agency for International De24 velopment shall instruct the United States Executive Direc25 tor of the International Fund for Agriculture Development,

26 to use the voice and vote of the United States to oppose
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1 any loan or other use of the funds of the respective institu2 tion to or for a country for which the Secretary of State

3 has made a determination under section 6(j) of the Export

4 Administration Act of 1979.

5 (b) DEFINITION.—For purposes of this section, the

6 term ‘‘international financial institution’’ includes—

7 (1) the International Bank for Reconstruction

8 and Development, the International Development As9 sociation, and the International Monetary Fund; and

10 (2) wherever applicable, the Inter-American De11 velopment Bank, the Asian Development Bank, the

12 African Development Bank, the African Development

13 Fund, and the European Bank for Reconstruction

14 and Development.

15 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

16 COUNTRIES

17 SEC. 529. (a) Notwithstanding any other provision of

18 law, funds appropriated for bilateral assistance under any

19 heading of this Act and funds appropriated under any such

20 heading in a provision of law enacted prior to enactment

21 of this Act, shall not be made available to any country

22 which the President determines—

23 (1) grants sanctuary from prosecution to any in24 dividual or group which has committed an act of

25 international terrorism, or

26 (2) otherwise supports international terrorism.
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1 (b) The President may waive the application of sub2 section (a) to a country if the President determines that

3 national security or humanitarian reasons justify such

4 waiver. The President shall publish each waiver in the Fed5 eral Register and, at least fifteen days before the waiver

6 takes effect, shall notify the Committees on Appropriations

7 of the waiver (including the justification for the waiver)

8 in accordance with the regular notification procedures of

9 the Committees on Appropriations.

10 COMMERCIAL LEASING OF DEFENSE ARTICLES

11 SEC. 530. Notwithstanding any other provision of law,

12 and subject to the regular notification requirements of the

13 Committees on Appropriations, the authority of section

14 23(a) of the Arms Export Control Act may be used to pro15 vide financing to Israel and Egypt and NATO and major

16 non-NATO allies for the procurement by leasing (including

17 leasing with an option to purchase) of defense articles from

18 United States commercial suppliers, not including Major

19 Defense Equipment (other than helicopters and other types

20 of aircraft having possible civilian application), if the

21 President determines that there are compelling foreign pol22 icy or national security reasons for those defense articles

23 being provided by commercial lease rather than by govern24 ment-to-government sale under such Act.
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1 COMPETITIVE INSURANCE

2 SEC. 531. All Agency for International Development

3 contracts and solicitations, and subcontracts entered into

4 under such contracts, shall include a clause requiring that

5 United States marine insurance companies have a fair op6 portunity to bid for marine insurance when such insurance

7 is necessary or appropriate.

8 STINGERS IN THE PERSIAN GULF REGION

9 SEC. 532. Except as provided in section 581 of the For10 eign Operations, Export Financing, and Related Programs

11 Appropriations Act, 1990, the United States may not sell

12 or otherwise make available any Stingers to any country

13 bordering the Persian Gulf under the Arms Export Control

14 Act or chapter 2 of part II of the Foreign Assistance Act

15 of 1961.

16 PROHIBITION ON LEVERAGING AND DIVERSION OF UNITED

17 STATES ASSISTANCE

18 SEC. 533. (a) None of the funds appropriated by this

19 Act may be provided to any foreign government (including

20 any instrumentality or agency thereof), foreign person, or

21 United States person in exchange for that foreign govern22 ment or person undertaking any action which is, if carried

23 out by the United States Government, a United States offi24 cial or employee, expressly prohibited by a provision of

25 United States law.
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1 (b) For the purposes of this section the term ‘‘funds

2 appropriated by this Act’’ includes only (1) assistance of

3 any kind under the Foreign Assistance Act of 1961; and

4 (2) credits, and guaranties under the Arms Export Control

5 Act.

6 (c) Nothing in this section shall be construed to limit—

7 (1) the ability of the President, the Vice Presi8 dent, or any official or employee of the United States

9 to make statements or otherwise express their views to

10 any party on any subject;

11 (2) the ability of an official or employee of the

12 United States to express the policies of the President;

13 or

14 (3) the ability of an official or employee of the

15 United States to communicate with any foreign coun16 try government, group or individual, either directly

17 or through a third party, with respect to the prohibi18 tions of this section including the reasons for such

19 prohibitions, and the actions, terms, or conditions

20 which might lead to the removal of the prohibitions

21 of this section.

22 DEBT-FOR-DEVELOPMENT

23 SEC. 534. In order to enhance the continued participa24 tion of nongovernmental organizations in economic assist25 ance activities under the Foreign Assistance Act of 1961,

26 including endowments, debt-for-development and debt-for-
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1 nature exchanges, a nongovernmental organization which

2 is a grantee or contractor of the Agency for International

3 Development may place in interest bearing accounts funds

4 made available under this Act or prior Acts or local cur5 rencies which accrue to that organization as a result of eco6 nomic assistance provided under the heading ‘‘Agency for

7 International Development’’ and any interest earned on

8 such investment may be for the purpose for which the assist9 ance was provided to that organization.

10 LOCATION OF STOCKPILES

11 SEC. 535. Section 514(b)(2) of the Foreign Assistance

12 Act of 1961 is amended by striking out ‘‘$200,000,000 for

13 stockpiles in Israel for fiscal year 1994’’ and inserting in

14 lieu thereof ‘‘a total of $200,000,000 for stockpiles in Israel

15 for fiscal years 1994 and 1995, up to $40,000,000 may be

16 made available for stockpiles in the Republic of Korea, and

17 up to $10,000,000 may be made available for stockpiles in

18 Thailand for fiscal year 1995’’.

19 SEPARATE ACCOUNTS

20 SEC. 536. (a) SEPARATE ACCOUNTS FOR LOCAL CUR21 RENCIES.—(1) If assistance is furnished to the government

22 of a foreign country under chapters 1 and 10 of part I (in23 cluding the Philippines Multilateral Assistance Initiative)

24 or chapter 4 of part II of the Foreign Assistance Act of

25 1961 under agreements which result in the generation of
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1 local currencies of that country, the Administrator of the

2 Agency for International Development shall—

3 (A) require that local currencies be deposited in

4 a separate account established by that government;

5 (B) enter into an agreement with that govern6 ment which sets forth—

7 (i) the amount of the local currencies to be

8 generated, and

9 (ii) the terms and conditions under which

10 the currencies so deposited may be utilized, con11 sistent with this section; and

12 (C) establish by agreement with that government

13 the responsibilities of the Agency for International

14 Development and that government to monitor and ac15 count for deposits into and disbursements from the

16 separate account.

17 (2) USES OF LOCAL CURRENCIES.—As may be agreed

18 upon with the foreign government, local currencies depos19 ited in a separate account pursuant to subsection (a), or

20 an equivalent amount of local currencies, shall be used

21 only—

22 (A) to carry out chapters 1 or 10 of part I or

23 chapter 4 of part II (as the case may be), for such

24 purposes as—
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1 (i) project and sector assistance activities,

2 or

3 (ii) debt and deficit financing; or

4 (B) for the administrative requirements of the

5 United States Government.

6 (3) PROGRAMMING ACCOUNTABILITY.—The Agency for

7 International Development shall take all appropriate steps

8 to ensure that the equivalent of the local currencies dis9 bursed pursuant to subsection (a)(2)(A) from the separate

10 account established pursuant to subsection (a)(1) are used

11 for the purposes agreed upon pursuant to subsection (a)(2).

12 (4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon

13 termination of assistance to a country under chapters 1 or

14 10 of part I or chapter 4 of part II (as the case may be),

15 any unencumbered balances of funds which remain in a

16 separate account established pursuant to subsection (a)

17 shall be disposed of for such purposes as may be agreed to

18 by the government of that country and the United States

19 Government.

20 (5) CONFORMING AMENDMENTS.—The provisions of

21 this subsection shall supersede the tenth and eleventh provi22 sos contained under the heading ‘‘Sub-Saharan Africa, De23 velopment Assistance’’ as included in the Foreign Oper24 ations, Export Financing, and Related Programs Appro-
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1 priations Act, 1989 and sections 531(d) and 609 of the For2 eign Assistance Act of 1961.

3 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1)

4 If assistance is made available to the government of a for5 eign country, under chapters 1 or 10 of part I (including

6 the Philippines Multilateral Assistance Initiative) or chap7 ter 4 of part II of the Foreign Assistance Act of 1961, as

8 cash transfer assistance or as nonproject sector assistance,

9 that country shall be required to maintain such funds in

10 a separate account and not commingle them with any other

11 funds.

12 (2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—

13 Such funds may be obligated and expended notwithstanding

14 provisions of law which are inconsistent with the nature

15 of this assistance including provisions which are referenced

16 in the Joint Explanatory Statement of the Committee of

17 Conference accompanying House Joint Resolution 648 (H.

18 Report No. 98–1159).

19 (3) NOTIFICATION.—At least fifteen days prior to obli20 gating any such cash transfer or nonproject sector assist21 ance, the President shall submit a notification through the

22 regular notification procedures of the Committees on Appro23 priations, which shall include a detailed description of how

24 the funds proposed to be made available will be used, with

25 a discussion of the United States interests that will be
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1 served by the assistance (including, as appropriate, a de2 scription of the economic policy reforms that will be pro3 moted by such assistance).

4 (4) EXEMPTION.—Nonproject sector assistance funds

5 may be exempt from the requirements of subsection (b)(1)

6 only through the notification procedures of the Committees

7 on Appropriations.

8 COMPENSATION FOR UNITED STATES EXECUTIVE

9 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

10 SEC. 537. (a) No funds appropriated by this Act may

11 be made as payment to any international financial institu12 tion while the United States Executive Director to such in13 stitution is compensated by the institution at a rate which,

14 together with whatever compensation such Director receives

15 from the United States, is in excess of the rate provided

16 for an individual occupying a position at level IV of the

17 Executive Schedule under section 5315 of title 5, United

18 States Code, or while any alternate United States Director

19 to such institution is compensated by the institution at a

20 rate in excess of the rate provided for an individual occupy21 ing a position at level V of the Executive Schedule under

22 section 5316 of title 5, United States Code.

23 (b) For purposes of this section, ‘‘international finan24 cial institutions’’ are: the International Bank for Recon25 struction and Development, the Inter-American Develop26 ment Bank, the Asian Development Bank, the Asian Devel-
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1 opment Fund, the African Development Bank, the African

2 Development Fund, the International Monetary Fund, and

3 the European Bank for Reconstruction and Development.

4 COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST

5 IRAQ

6 SEC. 538. (a) DENIAL OF ASSISTANCE.—None of the

7 funds appropriated or otherwise made available pursuant

8 to this Act to carry out the Foreign Assistance Act of 1961

9 (including title IV of chapter 2 of part I, relating to the

10 Overseas Private Investment Corporation) or the Arms Ex11 port Control Act may be used to provide assistance to any

12 country that is not in compliance with the United Nations

13 Security Council sanctions against Iraq unless the Presi14 dent determines and so certifies to the Congress that—

15 (1) such assistance is in the national interest of

16 the United States;

17 (2) such assistance will directly benefit the needy

18 people in that country; or

19 (3) the assistance to be provided will be humani20 tarian assistance for foreign nationals who have fled

21 Iraq and Kuwait.

22 (b) IMPORT SANCTIONS.—If the President considers

23 that the taking of such action would promote the effective24 ness of the economic sanctions of the United Nations and

25 the United States imposed with respect to Iraq, and is con26 sistent with the national interest, the President may pro-
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1 hibit, for such a period of time as he considers appropriate,

2 the importation into the United States of any or all prod3 ucts of any foreign country that has not prohibited—

4 (1) the importation of products of Iraq into its

5 customs territory, and

6 (2) the export of its products to Iraq.

7 POW/MIA MILITARY DRAWDOWN

8 SEC. 539. (a) Notwithstanding any other provision of

9 law, the President may direct the drawdown, without reim10 bursement by the recipient, of defense articles from the

11 stocks of the Department of Defense, defense services of the

12 Department of Defense, and military education and train13 ing, of an aggregate value not to exceed $15,000,000 in fis14 cal year 1995, as may be necessary to carry out subsection

15 (b).

16 (b) Such defense articles, services and training may

17 be provided to Cambodia and Laos, under subsection (a)

18 as the President determines are necessary to support efforts

19 to locate and repatriate members of the United States

20 Armed Forces and civilians employed directly or indirectly

21 by the United States Government who remain unaccounted

22 for from the Vietnam War, and to ensure the safety of

23 United States Government personnel engaged in such coop24 erative efforts and to support United States Department of

25 Defense-sponsored humanitarian projects associated with

26 the POW/MIA efforts. Any aircraft shall be provided under
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1 this section only to Laos and only on a lease or loan basis,

2 but may be provided at no cost notwithstanding section 61

3 of the Arms Export Control Act and may be maintained

4 with defense articles, services and training provided under

5 this section.

6 (c) The President shall, within sixty days of the end

7 of any fiscal year in which the authority of subsection (a)

8 is exercised, submit a report to the Congress which identifies

9 the articles, services, and training drawn down under this

10 section.

11 (d) There are authorized to be appropriated to the

12 President such sums as may be necessary to reimburse the

13 applicable appropriation, fund, or account for defense arti14 cles, defense services, and military education and training

15 provided under this section.

16 MEDITERRANEAN EXCESS DEFENSE ARTICLES

17 SEC. 540. During fiscal year 1995, the provisions of

18 section 573(e) of the Foreign Operations, Export Financing,

19 and Related Programs Appropriations Act, 1990, shall be

20 applicable, for the period specified therein, to excess defense

21 articles made available under sections 516 and 519 of the

22 Foreign Assistance Act of 1961.

23 PRIORITY DELIVERY OF EQUIPMENT

24 SEC. 541. Notwithstanding any other provision of law,

25 the delivery of excess defense articles that are to be trans26 ferred on a grant basis under section 516 of the Foreign
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1 Assistance Act to NATO allies and to major non-NATO al2 lies on the southern and southeastern flank of NATO shall

3 be given priority to the maximum extent feasible over the

4 delivery of such excess defense articles to other countries.

5 ISRAEL DRAWDOWN

6 SEC. 542. Section 599B(a) of the Foreign Operations,

7 Export Financing, and Related Programs Appropriations

8 Act, 1991 (as amended by Public Law 102–145, as amend9 ed, and Public Law 102–391), is further amended—

10 (a) by striking out ‘‘fiscal year 1994’’ and in11 serting in lieu thereof ‘‘fiscal year 1995’’;

12 (b) by striking out ‘‘Appropriations Act, 1994’’

13 and inserting in lieu thereof ‘‘Appropriations Act,

14 1995’’; and

15 (c) by striking out ‘‘$700,000,000’’ and inserting

16 in lieu thereof ‘‘$775,000,000’’.

17 CASH FLOW FINANCING

18 SEC. 543. For each country that has been approved

19 for cash flow financing (as defined in section 25(d) of the

20 Arms Export Control Act, as added by section 112(b) of

21 Public Law 99–83) under the Foreign Military Financing

22 Program, any Letter of Offer and Acceptance or other pur23 chase agreement, or any amendment thereto, for a procure24 ment in excess of $100,000,000 that is to be financed in

25 whole or in part with funds made available under this Act
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1 shall be submitted through the regular notification proce2 dures to the Committees on Appropriations.

3 AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER4 ICAN FOUNDATION AND THE AFRICAN DEVELOPMENT

5 FOUNDATION

6 SEC. 544. Unless expressly provided to the contrary,

7 provisions of this or any other Act, including provisions

8 contained in prior Acts authorizing or making appropria9 tions for foreign operations, export financing, and related

10 programs, shall not be construed to prohibit activities au11 thorized by or conducted under the Peace Corps Act, the

12 Inter-American Foundation Act, or the African Develop13 ment Foundation Act. The appropriate agency shall

14 promptly report to the Committees on Appropriations

15 whenever it is conducting activities or is proposing to con16 duct activities in a country for which assistance is prohib17 ited.

18 IMPACT ON JOBS IN THE UNITED STATES

19 SEC. 545. None of the funds appropriated by this Act

20 may be obligated or expended to provide—

21 (a) any financial incentive to a business enter22 prise currently located in the United States for the

23 purpose of inducing such an enterprise to relocate

24 outside the United States if such incentive or induce25 ment is likely to reduce the number of employees of

26 such business enterprise in the United States because
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1 United States production is being replaced by such

2 enterprise outside the United States;

3 (b) assistance for the purpose of establishing or

4 developing in a foreign country any export processing

5 zone or designated area in which the tax, tariff, labor,

6 environment, and safety laws of that country do not

7 apply, in part or in whole, to activities carried out

8 within that zone or area, unless the President deter9 mines and certifies that such assistance is not likely

10 to cause a loss of jobs within the United States; or

11 (c) assistance for any project or activity that

12 contributes to the violation of internationally recog13 nized workers rights, as defined in section 502(a)(4)

14 of the Trade Act of 1974, of workers in the recipient

15 country, including any designated zone or area in

16 that country: Provided, That in recognition that the

17 application of this subsection should be commensurate

18 with the level of development of the recipient country

19 and sector, the provisions of this subsection shall not

20 preclude assistance for the informal sector in such

21 country, micro and small-scale enterprise, and

22 smallholder agriculture.

23 AUTHORITY TO ASSIST BOSNIA-HERCEGOVINA

24 SEC. 546. (a) Congress finds as follows:
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1 (1) The United Nations has imposed an embargo

2 on the transfer of arms to any country on the terri3 tory of the former Yugoslavia.

4 (2) The federated states of Serbia and

5 Montenegro have a large supply of military equip6 ment and ammunition and the Serbian forces fight7 ing the government of Bosnia-Hercegovina have more

8 than one thousand battle tanks, armored vehicles, and

9 artillery pieces.

10 (3) Because the United Nations arms embargo is

11 serving to sustain the military advantage of the ag12 gressor, the United Nations should exempt the govern13 ment of Bosnia-Hercegovina from its embargo.

14 (b) Pursuant to a lifting of the United Nations arms

15 embargo, or to a unilateral lifting of the arms embargo by

16 the President of the United States, against Bosnia17 Hercegovina, the President is authorized to transfer to the

18 government of that nation, without reimbursement, defense

19 articles from the stocks of the Department of Defense of an

20 aggregate value not to exceed $50,000,000 in fiscal year

21 1995: Provided, That the President certifies in a timely

22 fashion to the Congress that—

23 (1) the transfer of such articles would assist that

24 nation in self-defense and thereby promote the secu25 rity and stability of the region; and
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1 (2) United States allies are prepared to join in

2 such a military assistance effort.

3 (c) Within 60 days of any transfer under the authority

4 provided in subsection (b), and every 60 days thereafter,

5 the President shall report in writing to the Speaker of the

6 House of Representatives and the President pro tempore of

7 the Senate concerning the articles transferred and the dis8 position thereof.

9 (d) There are authorized to be appropriated to the

10 President such sums as may be necessary to reimburse the

11 applicable appropriation, fund, or account for defense arti12 cles provided under this section.

13 (e) If the President determines that doing so will con14 tribute to a just resolution of charges regarding genocide

15 or other violations of international law in the former Yugo16 slavia, the authority of section 552(c) of the Foreign Assist17 ance Act of 1961, as amended, may be used to provide up

18 to $25,000,000 of commodities and services to the United

19 Nations War Crimes Tribunal, without regard to the ceiling

20 limitation contained in paragraph (2) thereof: Provided,

21 That the determination required under this subsection shall

22 be in lieu of any determinations otherwise required under

23 section 552(c).

24 SPECIAL AUTHORITIES

25 SEC. 547. (a) Funds appropriated in title II of this

26 Act that are made available for Haiti, Afghanistan, Leb-
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1 anon, and Cambodia, and for victims of war, displaced

2 children, displaced Burmese, humanitarian assistance for

3 Romania, and humanitarian assistance for the peoples of

4 Bosnia-Hercegovina, Croatia, and Kosova, may be made

5 available notwithstanding any other provision of law: Pro6 vided, That any such funds that are made available for

7 Cambodia shall be subject to the provisions of section 531(e)

8 of the Foreign Assistance Act of 1961 and section 906 of

9 the International Security and Development Cooperation

10 Act of 1985: Provided further, That the President shall ter11 minate assistance to any Cambodian organization that he

12 determines is cooperating, tactically or strategically, with

13 the Khmer Rouge in their military operations.

14 (b) Funds appropriated by this Act to carry out the

15 provisions of sections 103 through 106 of the Foreign Assist16 ance Act of 1961 may be used, notwithstanding any other

17 provision of law, for the purpose of supporting tropical for18 estry and energy programs aimed at reducing emissions of

19 greenhouse gases with regard to the key countries in which

20 deforestation and energy policy would make a significant

21 contribution to global warming: Provided, That such assist22 ance shall be subject to sections 116, 502B, and 620A of

23 the Foreign Assistance Act of 1961.

24 (c) During fiscal year 1995, the President may use up

25 to $50,000,000 under the authority of section 451 of the
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1 Foreign Assistance Act of 1961, notwithstanding the fund2 ing ceiling contained in subsection (a) of that section.

3 (d) The Agency for International Development may

4 employ personal services contractors, notwithstanding any

5 other provision of law, for the purpose of administering pro6 grams for the West Bank and Gaza.

7 POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF

8 ISRAEL

9 SEC. 548. (a) FINDINGS.—The Congress finds that—

10 (1) since 1948 the Arab countries have main11 tained a primary boycott against Israel, refusing to

12 do business with Israel;

13 (2) since the early 1950s the Arab League has

14 maintained a secondary and tertiary boycott against

15 American and other companies that have commercial

16 ties with Israel;

17 (3) the boycott seeks to coerce American firms by

18 blacklisting those that do business with Israel and

19 harm America’s competitiveness;

20 (4) the United States has a longstanding policy

21 opposing the Arab League boycott and United States

22 law prohibits American firms from providing infor23 mation to Arab countries to demonstrate compliance

24 with the boycott;

25 (5) with real progress being made in the Middle

26 East peace process and the serious confidence-building
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1 measures taken by the State of Israel an end to the

2 Arab boycott of Israel and of American companies

3 that have commercial ties with Israel is long overdue

4 and would represent a significant confidence-building

5 measure; and

6 (6) in the interest of Middle East peace and free

7 commerce, the President must take more concrete steps

8 to press the Arab states to end their practice of black9 listing and boycotting American companies that have

10 trade ties with Israel.

11 (b) POLICY.—It is the sense of the Congress that—

12 (1) the Arab League countries should imme13 diately and publicly renounce the primary boycott of

14 Israel and the secondary and tertiary boycott of

15 American firms that have commercial ties with Israel

16 and

17 (2) the President should—

18 (A) take more concrete steps to encourage

19 vigorously Arab League countries to renounce

20 publicly the primary boycotts of Israel and the

21 secondary and tertiary boycotts of American

22 firms that have commercial relations with Israel

23 as a confidence-building measure;

24 (B) take into consideration the participa25 tion of any recipient country in the primary
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1 boycott of Israel and the secondary and tertiary

2 boycotts of American firms that have commercial

3 relations with Israel when determining whether

4 to sell weapons to said country;

5 (C) report to Congress on the specific steps

6 being taken by the President to bring about a

7 public renunciation of the Arab primary boycott

8 of Israel and the secondary and tertiary boycotts

9 of American firms that have commercial rela10 tions with Israel; and

11 (D) encourage the allies and trading part12 ners of the United States to enact laws prohibit13 ing businesses from complying with the boycott

14 and penalizing businesses that do comply.

15 ANTI-NARCOTICS ACTIVITIES

16 SEC. 549. (a) Of the funds appropriated by this Act

17 under the heading ‘‘Economic Support Fund’’, assistance

18 may be provided to strengthen the administration of justice

19 in countries in Latin America and the Caribbean in ac20 cordance with the provisions of section 534 of the Foreign

21 Assistance Act of 1961, except that programs to enhance

22 protection of participants in judicial cases may be con23 ducted notwithstanding section 660 of that Act.

24 (b) Funds made available pursuant to this section may

25 be made available notwithstanding the third sentence of sec26 tion 534(e) of the Foreign Assistance Act of 1961. Funds
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1 made available pursuant to subsection (a)(1) for Bolivia,

2 Colombia and Peru and subsection (a)(2) may be made

3 available notwithstanding section 534(c) and the second

4 sentence of section 534(e) of the Foreign Assistance Act of

5 1961.

6 ELIGIBILITY FOR ASSISTANCE

7 SEC. 550. (a) ASSISTANCE THROUGH NONGOVERN8 MENTAL ORGANIZATIONS.—Restrictions contained in this

9 or any other Act with respect to assistance for a country

10 shall not be construed to restrict assistance in support of

11 programs of nongovernmental organizations from funds ap12 propriated by this Act to carry out the provisions of chap13 ters 1 and 10 of part I of the Foreign Assistance Act of

14 1961: Provided, That the President shall take into consider15 ation, in any case in which a restriction on assistance

16 would be applicable but for this subsection, whether assist17 ance in support of programs of nongovernmental organiza18 tions is in the national interest of the United States: Pro19 vided further, That before using the authority of this sub20 section to furnish assistance in support of programs of non21 governmental organizations, the President shall notify the

22 Committees on Appropriations under the regular notifica23 tion procedures of those committees, including a description

24 of the program to be assisted, the assistance to be provided,

25 and the reasons for furnishing such assistance: Provided

26 further, That nothing in this subsection shall be construed
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1 to alter any existing statutory prohibitions against abortion

2 or involuntary sterilizations contained in this or any other

3 Act.

4 (b) PUBLIC LAW 480.—During fiscal year 1995, re5 strictions contained in this or any other Act with respect

6 to assistance for a country shall not be construed to restrict

7 assistance under titles I and II of the Agricultural Trade

8 Development and Assistance Act of 1954: Provided, That

9 none of the funds appropriated to carry out title I of such

10 Act and made available pursuant to this subsection may

11 be obligated or expended except as provided through the reg12 ular notification procedures of the Committees on Appro13 priations.

14 (c) EXCEPTION.—This section shall not apply—

15 (1) with respect to section 529 of this Act or any

16 comparable provision of law prohibiting assistance to

17 countries that support international terrorism; or

18 (2) with respect to section 116 of the Foreign As19 sistance Act of 1961 or any comparable provision of

20 law prohibiting assistance to countries that violate

21 internationally recognized human rights.

22 EARMARKS

23 SEC. 551. (a) Funds appropriated by this Act which

24 are earmarked may be reprogrammed for other programs

25 within the same account notwithstanding the earmark if

26 compliance with the earmark is made impossible by oper-
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1 ation of any provision of this or any other Act or, with

2 respect to a country with which the United States has an

3 agreement providing the United States with base rights or

4 base access in that country, if the President determines that

5 the recipient for which funds are earmarked has signifi6 cantly reduced its military or economic cooperation with

7 the United States since enactment of the Foreign Oper8 ations, Export Financing, and Related Programs Appro9 priations Act, 1991; however, before exercising the authority

10 of this subsection with regard to a base rights or base access

11 country which has significantly reduced its military or eco12 nomic cooperation with the United States, the President

13 shall consult with, and shall provide a written policy jus14 tification to the Committees on Appropriations: Provided,

15 That any such reprogramming shall be subject to the regu16 lar notification procedures of the Committees on Appropria17 tions: Provided further, That assistance that is repro18 grammed pursuant to this subsection shall be made avail19 able under the same terms and conditions as originally pro20 vided.

21 (b) In addition to the authority contained in sub22 section (a), the original period of availability of funds ap23 propriated by this Act and administered by the Agency for

24 International Development that are earmarked for particu25 lar programs or activities by this or any other Act shall
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1 be extended for an additional fiscal year if the Adminis2 trator of such agency determines and reports promptly to

3 the Committees on Appropriations that the termination of

4 assistance to a country or a significant change in cir5 cumstances makes it unlikely that such earmarked funds

6 can be obligated during the original period of availability:

7 Provided, That such earmarked funds that are continued

8 available for an additional fiscal year shall be obligated

9 only for the purpose of such earmark.

10 CEILINGS AND EARMARKS

11 SEC. 552. Ceilings and earmarks contained in this Act

12 shall not be applicable to funds or authorities appropriated

13 or otherwise made available by any subsequent Act unless

14 such Act specifically so directs.

15 EXCESS DEFENSE ARTICLES

16 SEC. 553. The authority of section 519 of the Foreign

17 Assistance Act of 1961, as amended, may be used in fiscal

18 year 1994 to provide nonlethal excess defense articles to

19 countries for which United States foreign assistance has

20 been requested and for which receipt of such articles was

21 separately justified for the fiscal year, without regard to

22 the restrictions in subsection (a) of section 519.

23 PROHIBITION ON PUBLICITY OR PROPAGANDA

24 SEC. 554. No part of any appropriation contained in

25 this Act shall be used for publicity or propaganda purposes
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1 within the United States not authorized before the date of

2 enactment of this Act by the Congress.

3 DISADVANTAGED ENTERPRISES

4 SEC. 555. (a) Except to the extent that the Adminis5 trator of the Agency for International Development deter6 mines otherwise, not less than 10 percent of the aggregate

7 amount made available for the current fiscal year for the

8 ‘‘Development Assistance Fund’’, ‘‘Population, Development

9 Assistance’’, and the ‘‘Development Fund for Africa’’ shall

10 be made available only for activities of United States orga11 nizations and individuals that are—

12 (1) business concerns owned and controlled by

13 socially and economically disadvantaged individuals,

14 (2) historically black colleges and universities,

15 (3) colleges and universities having a student

16 body in which more than 40 per centum of the stu17 dents are Hispanic American, and

18 (4) private voluntary organizations which are

19 controlled by individuals who are socially and eco20 nomically disadvantaged.

21 (b)(1) In addition to other actions taken to carry out

22 this section, the actions described in paragraphs (2) through

23 (5) shall be taken with respect to development assistance

24 and assistance for sub-Saharan Africa for the current fiscal

25 year.
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1 (2) Notwithstanding any other provision of law, in

2 order to achieve the goals of this section, the Adminis3 trator—

4 (A) to the maximum extent practicable, shall uti5 lize the authority of section 8(a) of the Small Busi6 ness Act (15 U.S.C. 637(a));

7 (B) to the maximum extent practicable, shall

8 enter into contracts with small business concerns

9 owned and controlled by socially and economically

10 disadvantaged individuals, and organizations con11 tained in paragraphs (2) through (4) of subsection

12 (a)—

13 (i) using less than full and open competitive

14 procedures under such terms and conditions as

15 the Administrator deems appropriate, and

16 (ii) using an administrative system for jus17 tifications and approvals that, in the Adminis18 trator’s discretion, may best achieve the purpose

19 of this section; and

20 (C) shall issue regulations to require that any

21 contract in excess of $500,000 contain a provision re22 quiring that no less than 10 per centum of the dollar

23 value of the contract be subcontracted to entities de24 scribed in subsection (a), except—
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1 (i) to the extent the Administrator deter2 mines otherwise on a case-by-case or category-of3 contract basis; and

4 (ii) this subparagraph does not apply to

5 any prime contractor that is an entity described

6 in subsection (a).

7 (3) Each person with contracting authority who is at8 tached to the Agency’s headquarters in Washington, as well

9 as all Agency missions and regional offices, shall notify the

10 Agency’s Office of Small and Disadvantaged Business Utili11 zation at least seven business days before advertising a con12 tract in excess of $100,000, except to the extent that the

13 Administrator determines otherwise on a case-by-case or

14 category-of-contract basis.

15 (4) The Administrator shall include, as part of the per16 formance evaluation of any mission director of the agency,

17 the mission director’s efforts to carry out this section.

18 (5) The Administrator shall submit to the Congress an19 nual reports on the implementation of this section. Each

20 such report shall specify the number and dollar value or

21 amount (as the case may be) of prime contracts, sub22 contracts, grants, and cooperative agreements awarded to

23 entities described in subsection (a) during the preceding fis24 cal year.
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1 (c) As used in this section, the term ‘‘socially and eco2 nomically disadvantaged individuals’’ has the same mean3 ing that term is given for purposes of section 8(d) of the

4 Small Business Act, except that the term includes women.

5 USE OF AMERICAN RESOURCES

6 SEC. 556. To the maximum extent possible, assistance

7 provided under this Act should make full use of American

8 resources, including commodities, products, and services.

9 LIMITATIONS ON ASSISTANCE FOR NICARAGUA

10 Sec. 557. (a) Funds appropriated by this Act under

11 the heading ‘‘Economic Support Fund’’ may only be made

12 available to the Government of Nicaragua upon the notifi13 cation, in writing, by the Secretary of State to the appro14 priate committees that he has determined that significant

15 and tangible progress is being made by the Government of

16 Nicaragua toward—

17 (1) the prosecution of any individual identified

18 as part of a terrorist/kidnapping ring by the inves19 tigation of issues raised by the discovery, after the

20 May 23 explosion in Managua, of weapons caches,

21 false passports, identity papers and other documents,

22 suggesting the existence of such a ring, including all

23 government officials (including any members of the

24 armed forces or security forces);

25 (2) the resolution of expropriation claims and

26 the effective compensation of legitimate claims;
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1 (3) the timely implementation of recommenda2 tions made by the Tripartite Commission as it under3 takes to review and identify those responsible for gross

4 human rights violations, including the expeditious

5 prosecution of individuals identified by the commis6 sion in connection with such violations;

7 (4) the enactment into law of legislation to re8 form the Nicaraguan military and security forces in

9 order to guarantee civilian control over the armed

10 forces;

11 (5) the establishment of civilian control over the

12 police, and the independence of the police from the

13 military; and

14 (6) the effective reform of the Nicaraguan judi15 cial system.

16 (b) The notification pursuant to subsection (a) above

17 shall include a detailed listing of the tangible evidence that

18 forms the basis for such determination.

19 (c) For purposes of this section, the term ‘‘appropriate

20 committees’’ means the Committees on Foreign Relations

21 and Appropriations of the Senate and Committees on For22 eign Affairs and Appropriations of the House of Represent23 atives.

24 PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

25 SEC. 558. None of the funds appropriated or made

26 available pursuant to this Act for carrying out the Foreign
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1 Assistance Act of 1961, may be used to pay in whole or

2 in part any assessments, arrearages, or dues of any member

3 of the United Nations.

4 CONSULTING SERVICES

5 SEC. 559. The expenditure of any appropriation under

6 this Act for any consulting service through procurement

7 contract, pursuant to section 3109 of title 5, United States

8 Code, shall be limited to those contracts where such expendi9 tures are a matter of public record and available for public

10 inspection, except where otherwise provided under existing

11 law, or under existing Executive order pursuant to existing

12 law.

13 PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

14 SEC. 560. None of the funds appropriated or made

15 available pursuant to this Act shall be available to a private

16 voluntary organization which fails to provide upon timely

17 request any document, file, or record necessary to the audit18 ing requirements of the Agency for International Develop19 ment, nor shall any of the funds appropriated by this Act

20 be made available to any private voluntary organization

21 which is not registered with the Agency for International

22 Development.

23 SPECIAL DEBT RELIEF FOR THE POOREST

24 SEC. 561. (a)(1) AUTHORITY TO REDUCE DEBT.—The

25 President may reduce amounts owed to the United States
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1 (or any agency of the United States) by an eligible country

2 as a result of—

3 (A) guarantees issued under sections 221 and

4 222 of the Foreign Assistance Act of 1961; or

5 (B) credits extended or guarantees issued under

6 the Arms Export Control Act.

7 (2) LIMITATIONS.—

8 (A) The authority provided by paragraph (1)

9 may be exercised only to implement multilateral offi10 cial debt relief and referendum agreements, commonly

11 referred to as ‘‘Paris Club Agreed Minutes’’.

12 (B) The authority provided by paragraph (1)

13 may be exercised only in such amounts or to such ex14 tent as is provided in advance by appropriations

15 Acts.

16 (C) The authority provided by paragraph (1)

17 may be exercised only with respect to countries with

18 heavy debt burdens that are eligible to borrow from

19 the International Development Association, but not

20 from the International Bank for Reconstruction and

21 Development, commonly referred to as ‘‘IDA-only’’

22 countries.

23 (3) CONDITIONS.—The authority provided by para24 graph (1) may be exercised only with respect to a country

25 whose government—
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1 (A) does not have an excessive level of military

2 expenditures;

3 (B) has not repeatedly provided support for acts

4 of international terrorism;

5 (C) is not failing to cooperate on international

6 narcotics control matters; and

7 (D) (including its military or other security

8 forces) does not engage in a consistent pattern of gross

9 violations of internationally recognized human rights.

10 (4) AVAILABILITY OF FUNDS.—The authority provided

11 by paragraph (1) may be used only with regard to funds

12 appropriated by this Act under the heading ‘‘Debt Restruc13 turing’’.

14 (5) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc15 tion of debt pursuant to paragraph (1) shall not be consid16 ered assistance for purposes of any provision of law limit17 ing assistance to a country.

18 GUARANTEES

19 SEC. 562. Section 251(b)(2)(G) of the Balanced Budget

20 and Emergency Deficit Control Act of 1985 is amended by

21 striking ‘‘1994’’ and inserting in lieu thereof ‘‘1994 and

22 1995’’ in both places that this appears.
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1 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS

2 THAT EXPORT LETHAL MILITARY EQUIPMENT TO

3 COUNTRIES SUPPORTING INTERNATIONAL TERRORISM

4 SEC. 563. (a) None of the funds appropriated or other5 wise made available by this Act may be available to any

6 foreign government which provides lethal military equip7 ment to a country the government of which the Secretary

8 of State has determined is a terrorist government for pur9 poses of section 40(d) of the Arms Export Control Act. The

10 prohibition under this section with respect to a foreign gov11 ernment shall terminate 12 months after that government

12 ceases to provide such military equipment. This section ap13 plies with respect to lethal military equipment provided

14 under a contract entered into after the date of enactment

15 of this Act.

16 (b) Assistance restricted by subsection (a) or any other

17 similar provision of law, may be furnished if the President

18 determines that furnishing such assistance is important to

19 the national interests of the United States.

20 (c) Whenever the waiver of subsection (b) is exercised,

21 the President shall submit to the appropriate congressional

22 committees a report with respect to the furnishing of such

23 assistance. Any such report shall include a detailed expla24 nation of the assistance to be provided, including the esti25 mated dollar amount of such assistance, and an expla-
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1 nation of how the assistance furthers United States national

2 interests.

3 WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED

4 BY FOREIGN COUNTRIES

5 SEC. 564. (a) IN GENERAL.—Of the funds made avail6 able for a foreign country under part I of the Foreign As7 sistance Act of 1961, an amount equivalent to 110 percent

8 of the total unpaid fully adjudicated parking fines and pen9 alties owed to the District of Columbia by such country as

10 of the date of enactment of this Act shall be withheld from

11 obligation for such country until the Secretary of State cer12 tifies and reports in writing to the appropriate congres13 sional committees that such fines and penalties are fully

14 paid to the government of the District of Columbia.

15 (b) DEFINITION.—For purposes of this section, the

16 term ‘‘appropriate congressional committees’’ means the

17 Committee on Foreign Relations and the Committee on Ap18 propriations of the Senate and the Committee on Foreign

19 Affairs and the Committee on Appropriations of the House

20 of Representatives.

21 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST

22 BANK AND GAZA

23 SEC. 565. None of the funds appropriated by this Act

24 may be obligated for assistance for the Palestine Liberation

25 Organization for the West Bank and Gaza unless the Presi26 dent has exercised the authority under section 583(a) of the
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1 Middle East Peace Facilitation Act of 1994 (part E of title

2 V of Public Law 103–236) or any other legislation to sus3 pend or make inapplicable section 307 of the Foreign Assist4 ance Act of 1961 and that suspension is still in effect: Pro5 vided, That if the President fails to make the certification

6 under section 583(b)(2) of the Middle East Peace Facilita7 tion Act or to suspend the prohibition under other legisla8 tion, funds appropriated by this Act may not be obligated

9 for assistance for the Palestine Liberation Organization for

10 the West Bank and Gaza unless the President determines

11 that it is in the national interest to do so and so reports

12 to the Congress.

13 PROCUREMENT REDUCTION

14 SEC. 566. (a) Of the budgetary resources available to

15 the Agency for International Development during fiscal

16 year 1995, $1,598,000 are permanently canceled.

17 (b) The Administrator of the Agency for International

18 Development shall allocate the amount of budgetary re19 sources canceled among the Agency’s accounts available for

20 procurement and procurement-related expenses. Amounts

21 available for procurement and procurement-related expenses

22 in each such account shall be reduced by the amount allo23 cated to such account.

24 (c) For the purposes of this section, the definition of

25 ‘‘procurement’’ includes all stages of the process of acquir26 ing property or services, beginning with the process of deter-
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1 mining a need for a product or services and ending with

2 contract completion and closeout, as specified in section

3 403(a)(2) of title 41, United States Code.

4 IMPLEMENTATION OF WAPENHANS REPORT

5 RECOMMENDATIONS

6 SEC. 567. Funds appropriated by title I of this Act

7 under the headings ‘‘Contribution to the International

8 Bank for Reconstruction and Development’’, ‘‘Contribution

9 to the International Development Association’’, and ‘‘Con10 tribution to the International Finance Corporation’’ shall

11 not be available for payment to any such institution unless

12 the Secretary of the Treasury (1) determines that the rec13 ommendations contained in the report entitled Report of

14 the Portfolio Management Task Force (commonly referred

15 to as the ‘‘Wapenhans Report’’) continue to be implemented,

16 and (2) reports that determination to the Committee on Ap17 propriations and the Committee on Banking, Finance and

18 Urban Affairs of the House of Representatives and the Com19 mittee on Appropriations and the Committee on Foreign

20 Relations of the Senate.

21 RESTRICTIONS ON ASSISTANCE TO RUSSIA

22 SEC. 568. (a) RESTRICTION.—None of the funds ap23 propriated or otherwise made available by this Act may be

24 obligated for assistance for the Government of Russia after

25 December 31, 1994, unless it has been made known to the

26 President that all armed forces of Russia and the Common-
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1 wealth of Independent States have been removed from all

2 Baltic countries or that the status of those armed forces have

3 been otherwise resolved by mutual agreement of the parties.

4 (b) EXEMPTION.—Subsection (a) does not apply to as5 sistance that involves the provision of student exchange pro6 grams, food, clothing, medicine, or other humanitarian as7 sistance or to housing assistance for officers of the armed

8 forces of Russia or the Commonwealth of Independent

9 States who are removed from the territory of Estonia, Lat10 via, and Lithuania.

11 (c) WAIVER.—Subsection (a) does not apply if after

12 December 31, 1994, the President determines that the provi13 sion of funds to the Government of Russia is in the national

14 interest.

15 This Act may be cited as the ‘‘Foreign Operations, Ex16 port Financing, and Related Programs Appropriations Act,

17 1995’’.

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