IIA

103D CONGRESS

2D SESSION H. R. 4426

IN THE SENATE OF THE UNITED STATES

JUNE 8 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on Appropriations

AN ACT

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

6 for the fiscal year ending September 30, 1995, and for

7 other 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 por10 tion of the increases in capital stock for the General Cap11 ital Increase, $23,009,101, to remain available until ex12 pended.

13 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

14 The United States Governor of the International

15 Bank for Reconstruction and Development may subscribe

16 without fiscal year limitation to the callable capital portion

17 of the United States share of increases in capital stock

18 in an amount not to exceed $743,923,914.

19 For payment to the International Bank for Recon20 struction and Development by the Secretary of the Treas21 ury, for the United States contribution to the Global Envi22 ronment Facility (GEF), $88,800,000, to remain available

23 until expended.
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1 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

2 ASSOCIATION

3 For payment to the International Development Asso4 ciation by the Secretary of the Treasury, $1,235,000,000,

5 for the United States contribution to the replenishment,

6 to remain available until expended.

7 CONTRIBUTION TO THE INTERNATIONAL FINANCE

8 CORPORATION

9 For payment to the International Finance Corpora10 tion by the Secretary of the Treasury, $68,743,028, for

11 the United States share of the increase in subscriptions

12 to capital stock, to remain available until expended: Pro13 vided, That of the amount appropriated under this head14 ing not more than $5,364,000 may be expended for the

15 purchase of such stock in fiscal year 1995.

16 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

17 BANK

18 For payment to the Inter-American Development

19 Bank by the Secretary of the Treasury, for the United

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

21 in capital stock, $28,111,959, and for the United States

22 share of the increases in the resources of the Fund for

23 Special Operations, $21,338,000, and for the United

24 States share of the capital stock of the Inter-American In25 vestment Corporation, $190,000, to remain available until

26 expended: Provided, That $25,269,224 of the amount
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1 made available for the paid-in share portion of the in2 crease in capital stock, and $20,317,000 of the resources

3 of the Fund for Special Operations shall be subject to the

4 regular notification procedures of the Committees on Ap5 propriations.

6 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

7 The United States Governor of the Inter-American

8 Development Bank may subscribe without fiscal year limi9 tation to the callable capital portion of the United States

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

11 $1,594,568,180.

12 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

13 MULTILATERAL INVESTMENT FUND

14 For payment to the Enterprise for the Americas Mul15 tilateral Investment Fund by the Secretary of the Treas16 ury, for the United States contribution to the Fund to

17 be administered by the Inter-American Development

18 Bank, $75,000,000 to remain available until expended.

19 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

20 For the United States contribution by the Secretary

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

22 Development Fund, as authorized by the Asian Devel23 opment Bank Act, as amended (Public Law 89–369),

24 $167,960,000, to remain available until expended.
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1 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

2 For payment to the African Development Fund by

3 the Secretary of the Treasury, $124,229,309, for the

4 United States contribution to the African Development

5 Fund, to remain available until expended: Provided, That

6 of the funds appropriated under this heading,

7 $20,000,000 shall be subject to the regular notification

8 procedures of the Committees on Appropriations.

9 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

10 For payment to the African Development Bank by

11 the Secretary of the Treasury, for the paid-in share por12 tion of the United States share of the increase in capital

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

14 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

15 The United States Governor of the African Develop16 ment Bank may subscribe without fiscal year limitation

17 to the callable capital portion of the United States share

18 of such capital stock in an amount not to exceed

19 $2,002,540.

20 CONTRIBUTION TO THE EUROPEAN BANK FOR

21 RECONSTRUCTION AND DEVELOPMENT

22 For payment to the European Bank for Reconstruc23 tion and Development by the Secretary of the Treasury,

24 $69,180,353, for the United States share of the paid-in

25 share portion of the initial capital subscription, to remain

26 available until expended: Provided, That during fiscal year
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1 1995 the number of shares of stock purchased shall be

2 not more than 600.

3 LIMITATION OF CALLABLE CAPITAL SUBSCRIPTIONS

4 The United States Governor of the European Bank

5 for Reconstruction and Development may subscribe with6 out fiscal year limitation to the callable capital portion of

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

8 not to exceed $161,420,824.

9 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

10 For necessary expenses to carry out the provisions

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

12 of section 2 of the United Nations Environment Program

13 Participation Act of 1973, $366,000,000: Provided, That

14 none of the funds appropriated under this heading shall

15 be made available for the United Nations Fund for

16 Science and Technology: Provided further, That funds ap17 propriated under this heading may be made available for

18 the International Atomic Energy Agency only if the Sec19 retary of State determines (and so reports to the Con20 gress) that Israel is not being denied its right to partici21 pate in the activities of that Agency: Provided further,

22 That of the funds appropriated under this heading that

23 are made available for the United Nations Children’s

24 Fund (UNICEF), 75 per centum shall be obligated and

25 expended no later than thirty days after the date of enact26 ment of this Act and 25 per centum shall be expended
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1 within thirty days from the start of UNICEF’s fourth

2 quarter of operations for 1995: Provided further, That

3 none of the funds appropriated under this heading that

4 are made available to the United Nations Population Fund

5 (UNFPA) shall be made available for activities in the Peo6 ple’s Republic of China: Provided further, That not more

7 than $40,000,000 of the funds appropriated under this

8 heading may be made available to the UNFPA: Provided

9 further, That not more than one-half of this amount may

10 be provided to UNFPA before March 1, 1995, and that

11 no later than February 15, 1995, the Secretary of State

12 shall submit a report to the Committees on Appropriations

13 indicating the amount UNFPA is budgeting for the Peo14 ple’s Republic of China in 1995: Provided further, That

15 any amount UNFPA plans to spend in the People’s Re16 public of China in 1995 above $7,000,000, shall be de17 ducted from the amount of funds provided to UNFPA

18 after March 1, 1995 pursuant to the previous provisos:

19 Provided further, That with respect to any funds appro20 priated under this heading that are made available to

21 UNFPA, UNFPA shall be required to maintain such

22 funds in a separate account and not commingle them with

23 any other funds: Provided further, That notwithstanding

24 the fifth proviso of this heading, if UNFPA decides not

25 to initiate a new program in China after its current pro-
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1 gram ends in 1995, up to an additional $20,000,000 of

2 funds appropriated under this heading may be made avail3 able to UNFPA.

4 TITLE II—BILATERAL ECONOMIC ASSISTANCE

5 FUNDS APPROPRIATED TO THE PRESIDENT

6 For expenses necessary to enable the President to

7 carry out the provisions of the Foreign Assistance Act of

8 1961, and for other purposes, to remain available until

9 September 30, 1995, unless otherwise specified herein, as

10 follows:

11 AGENCY FOR INTERNATIONAL DEVELOPMENT

12 DEVELOPMENT ASSISTANCE FUND

13 For necessary expenses to carry out the provisions

14 of sections 103 through 106 of the Foreign Assistance Act

15 of 1961, $811,000,000, to remain available until Septem16 ber 30, 1996.

17 POPULATION, DEVELOPMENT ASSISTANCE

18 For necessary expenses to carry out the provisions

19 of section 104(b), $450,000,000, to remain available until

20 September 30, 1996: Provided, That none of the funds

21 made available in this Act nor any unobligated balances

22 from prior appropriations may be made available to any

23 organization or program which, as determined by the

24 President of the United States, supports or participates

25 in the management of a program of coercive abortion or

26 involuntary sterilization: Provided further, That none of
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1 the funds made available under this heading may be used

2 to pay for the performance of abortion as a method of

3 family planning or to motivate or coerce any person to

4 practice abortions; and that in order to reduce reliance

5 on abortion in developing nations, funds shall be available

6 only to voluntary family planning projects which offer, ei7 ther directly or through referral to, or information about

8 access to, a broad range of family planning methods and

9 services: Provided further, That in awarding grants for

10 natural family planning under section 104 of the Foreign

11 Assistance Act of 1961 no applicant shall be discriminated

12 against because of such applicant’s religious or conscien13 tious commitment to offer only natural family planning;

14 and, additionally, all such applicants shall comply with the

15 requirements of the previous proviso: Provided further,

16 That nothing in this subsection shall be construed to alter

17 any existing statutory prohibitions against abortion under

18 section 104 of the Foreign Assistance Act of 1961.

19 DEVELOPMENT FUND FOR AFRICA

20 For necessary expenses to carry out the provisions

21 of chapter 10 of part I of the Foreign Assistance Act of

22 1961, $790,000,000, to remain available until September

23 30, 1996: Provided, That none of the funds appropriated

24 by this Act to carry out chapters 1 and 10 of part I of

25 the Foreign Assistance Act of 1961 shall be transferred

26 to the Government of Zaire: Provided further, That funds
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1 appropriated under this heading which are made available

2 for activities supported by the Southern Africa Develop3 ment Community shall be made available notwithstanding

4 section 512 of this Act and section 620(q) of the Foreign

5 Assistance Act of 1961.

6 PRIVATE AND VOLUNTARY ORGANIZATIONS

7 None of the funds appropriated or otherwise made

8 available by this Act for development assistance may be

9 made available to any United States private and voluntary

10 organization, except any cooperative development organi11 zation, which obtains less than 20 per centum of its total

12 annual funding for international activities from sources

13 other than the United States Government: Provided, That

14 the requirements of the provisions of section 123(g) of the

15 Foreign Assistance Act of 1961 and the provisions on pri16 vate and voluntary organizations in title II of the ‘‘Foreign

17 Assistance and Related Programs Appropriations Act,

18 1985’’ (as enacted in Public Law 98–473) shall be super19 seded by the provisions of this section.

20 INTERNATIONAL DISASTER ASSISTANCE

21 For necessary expenses for international disaster re22 lief, rehabilitation, and reconstruction assistance pursuant

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

24 amended, $169,998,000 to remain available until ex25 pended.
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1 DEBT RESTRUCTURING

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

3 Budget Enforcement Act of 1990, of modifying direct

4 loans and loan guarantees, as the President may deter5 mine, for which funds have been appropriated or otherwise

6 made available for programs within the International Af7 fairs Budget Function 150, $7,000,000, to remain

8 available until expended: Provided, That it is the sense of

9 the Congress that a program should be developed to un10 dertake direct buy backs of bilateral debt from eligible

11 poor and lower-middle income countries with local cur12 rency offsets to fund development and environmental ac13 tivities, provided that such a program would have no budg14 etary impact. The Administration should consider how cre15 ative use of the sale of impaired Third World debts might

16 be used to lower debt overhangs and generate local cur17 rencies for development and environmental activities.

18 MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM

19 ACCOUNT

20 For the subsidy cost of direct loans and loan guaran21 tees, $1,500,000, as authorized by section 108 of the For22 eign Assistance Act of 1961, as amended: Provided, That

23 such costs shall be as defined in section 502 of the Con24 gressional Budget Act of 1974. In addition, for adminis25 trative expenses to carry out programs under this heading,

26 $500,000, all of which may be transferred to and merged
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1 with the appropriation for Operating Expenses of the

2 Agency for International Development.

3 HOUSING GUARANTY PROGRAM ACCOUNT

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

5 the Budget Enforcement Act of 1990, of guaranteed loans

6 authorized by sections 221 and 222 of the Foreign Assist7 ance Act of 1961, $19,300,000: Provided, That these

8 funds are available to subsidize loan principal, 100 percent

9 of which shall be guaranteed, pursuant to the authority

10 of such sections: Provided further, That the President shall

11 enter into commitments to guarantee such loans in the

12 full amount provided under this heading, subject to the

13 availability of qualified applicants for such guarantees. In

14 addition, for administrative expenses to carry out guaran15 teed loan programs, $8,000,000, all of which may be

16 transferred to and merged with the appropriation for Op17 erating Expenses of the Agency for International Develop18 ment: Provided further, That commitments to guarantee

19 loans under this heading may be entered into notwith20 standing the second and third sentences of section 222(a)

21 and, with regard to programs for Eastern Europe and pro22 grams for the benefit of South Africans disadvantaged by

23 apartheid, section 223(j) of the Foreign Assistance Act of

24 1961: Provided further, That none of the funds appro25 priated under this heading shall be obligated except
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1 through the regular notification procedures of the Com2 mittees on Appropriations.

3 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

4 DISABILITY FUND

5 For payment to the ‘‘Foreign Service Retirement and

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

7 Act of 1980, $45,118,000.

8 OPERATING EXPENSES OF THE AGENCY FOR

9 INTERNATIONAL DEVELOPMENT

10 For necessary expenses to carry out the provisions

11 of section 667, $517,500,000: Provided, That of this

12 amount not more than $900,000 may be made available

13 to pay for printing costs.

14 OPERATING EXPENSES OF THE AGENCY FOR INTER15 NATIONAL DEVELOPMENT OFFICE OF INSPECTOR

16 GENERAL

17 For necessary expenses to carry out the provisions

18 of section 667, $39,118,000, which sum shall be available

19 for the Office of the Inspector General of the Agency for

20 International Development.

21 ECONOMIC SUPPORT FUND

22 For necessary expenses to carry out the provisions

23 of chapter 4 of part II, $2,339,000,000, to remain avail24 able until September 30, 1996: Provided, That any funds

25 appropriated under this heading that are made available

26 for Israel shall be made available on a grant basis as a
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1 cash transfer and shall be disbursed within thirty days of

2 enactment of this Act or by October 31, 1994, whichever

3 is later: Provided further, That any funds appropriated

4 under this heading that are made available for Egypt shall

5 be provided on a grant basis, of which sum cash transfer

6 assistance may be provided with the understanding that

7 Egypt will undertake significant economic reforms which

8 are additional to those which were undertaken in previous

9 fiscal years: Provided further, That in exercising the au10 thority to provide cash transfer assistance for Israel and

11 Egypt, the President shall ensure that the level of such

12 assistance does not cause an adverse impact on the total

13 level of nonmilitary exports from the United States to each

14 such country: Provided further, That it is the sense of the

15 Congress that the recommended levels of assistance for

16 Egypt and Israel are based in great measure upon their

17 continued participation in the Camp David Accords and

18 upon the Egyptian-Israeli peace treaty: Provided further,

19 That none of the funds appropriated under this heading

20 shall be made available for Zaire.

21 INTERNATIONAL FUND FOR IRELAND

22 For necessary expenses to carry out the provisions

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

24 $19,600,000, which shall be available for the United

25 States contribution to the International Fund for Ireland

26 and shall be made available in accordance with the provi-
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1 sions of the Anglo-Irish Agreement Support Act of 1986

2 (Public Law 99–415): Provided, That such amount shall

3 be expended at the minimum rate necessary to make time4 ly payment for projects and activities: Provided further,

5 That funds made available under this heading shall re6 main available until expended.

7 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

8 STATES

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

10 of the Foreign Assistance Act of 1961 and the Support

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

12 $360,000,000, to remain available until expended, which

13 shall be available, notwithstanding any other provision of

14 law, for economic assistance for Eastern Europe and the

15 Baltic States.

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

17 appropriations Acts that are or have been made available

18 for an Enterprise Fund may be deposited by such Fund

19 in interest-bearing accounts prior to the Fund’s disburse20 ment of such funds for program purposes. The Fund may

21 retain for such program purposes any interest earned on

22 such deposits without returning such interest to the Treas23 ury of the United States and without further appropria24 tion by the Congress. Funds made available for Enterprise

25 Funds shall be expended at the minimum rate necessary

26 to make timely payment for projects and activities.
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1 (c) Funds appropriated under this heading shall be

2 considered to be economic assistance under the Foreign

3 Assistance Act of 1961 for purposes of making available

4 the administrative authorities contained in that Act for

5 the use of economic assistance.

6 ASSISTANCE FOR THE NEW INDEPENDENT STATES OF

7 THE FORMER SOVIET UNION

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

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

10 1961 and the FREEDOM Support Act, for assistance for

11 the new independent states of the former Soviet Union

12 and for related programs, $875,500,000, to remain avail13 able until expended: Provided, That the provisions of

14 498B(j) of the Foreign Assistance Act of 1961 shall apply

15 to funds appropriated by this paragraph.

16 (b) None of the funds appropriated under this head17 ing shall be transferred to the Government of Russia—

18 (1) unless that Government is making progress

19 in implementing comprehensive economic reforms

20 based on market principles, private ownership, nego21 tiating repayment of commercial debt, respect for

22 commercial contracts, and equitable treatment of

23 foreign private investment; and

24 (2) if that Government applies or transfers

25 United States assistance to any entity for the pur-
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1 pose of expropriating or seizing ownership or control

2 of assets, investments, or ventures.

3 (c) Funds may be furnished without regard to sub4 section (b) if the President determines that to do so is

5 in the national interest.

6 (d) None of the funds appropriated under this head7 ing shall be made available to any government of the new

8 independent states of the former Soviet Union if that gov9 ernment directs any action in violation of the territorial

10 integrity or national sovereignty of any other new inde11 pendent state, such as those violations included in Prin12 ciple Six of the Helsinki Final Act: Provided, That such

13 funds may be made available without regard to the restric14 tion in this subsection if the President determines that

15 to do so is in the national interest of the United States:

16 Provided further, That the restriction of this subsection

17 shall not apply to the use of such funds for the provision

18 of assistance for purposes of humanitarian, disaster and

19 refugee relief: Provided further, That thirty days after the

20 date of enactment of this Act, and then annually there21 after, the Secretary of State shall report to the Commit22 tees on Appropriations on steps taken by the governments

23 of the new independent states concerning violations re24 ferred to in this subsection: Provided further, That in pre25 paring this report the Secretary shall consult with the
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1 United States Representative to the Conference on Secu2 rity and Cooperation in Europe.

3 (e) None of the funds appropriated under this head4 ing for the new independent states of the former Soviet

5 Union shall be made available for any state to enhance

6 its military capability: Provided, That this restriction does

7 not apply to demilitarization, defense conversion or non8 proliferation programs, or programs to support troop

9 withdrawal including through the support of an officer re10 settlement program, and technical assistance for the hous11 ing sector.

12 (f) Funds appropriated under this heading shall be

13 subject to the regular reprogramming procedures of the

14 Committees on Appropriations.

15 (g) Funds appropriated under this heading may be

16 made available for assistance for Mongolia.

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

18 to the new independent states of the former Soviet Union

19 shall be provided to the maximum extent feasible through

20 the private sector, including private voluntary organiza21 tions and nongovernmental organizations functioning in

22 the new independent states.
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1 INDEPENDENT AGENCIES

2 AFRICAN DEVELOPMENT FOUNDATION

3 For necessary expenses to carry out the provisions

4 of title V of the International Security and Development

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

6 make such contracts and commitments without regard to

7 fiscal year limitations, as provided by section 9104, title

8 31, United States Code, $16,905,000: Provided, That,

9 when, with the permission of the President of the Founda10 tion, funds made available to a grantee under this heading

11 are invested pending disbursement, the resulting interest

12 is not required to be deposited in the United States Treas13 ury if the grantee uses the resulting interest for the pur14 pose for which the grant was made: Provided further, That

15 this provision applies with respect to both interest earned

16 before and interest earned after the enactment of this pro17 vision: Provided further, That notwithstanding section

18 505(a)(2) of the African Development Foundation Act, in

19 exceptional circumstances the board of directors of the

20 Foundation may waive the dollar limitation contained in

21 that section with respect to a project: Provided further,

22 That the Foundation shall provide a report to the Com23 mittees on Appropriations after each time such waiver au24 thority is exercised.
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1 INTER-AMERICAN FOUNDATION

2 For expenses necessary to carry out the functions of

3 the Inter-American Foundation in accordance with the

4 provisions of section 401 of the Foreign Assistance Act

5 of 1969, and to make such contracts and commitments

6 without regard to fiscal year limitations, as provided by

7 section 9104, title 31, United States Code, $30,960,000.

8 PEACE CORPS

9 For expenses necessary to carry out the provisions

10 of the Peace Corps Act (75 Stat. 612), $219,745,000, in11 cluding the purchase of not to exceed five passenger motor

12 vehicles for administrative purposes for use outside of the

13 United States: Provided, That none of the funds appro14 priated under this heading shall be used to pay for abor15 tions: Provided further, That funds appropriated under

16 this heading shall remain available until September 30,

17 1996.

18 DEPARTMENT OF STATE

19 INTERNATIONAL NARCOTICS CONTROL

20 For necessary expenses to carry out the provisions

21 of section 481 of the Foreign Assistance Act of 1961,

22 $115,000,000.

23 MIGRATION AND REFUGEE ASSISTANCE

24 For expenses, not otherwise provided for, necessary

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

26 by law, a contribution to the International Committee of
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1 the Red Cross and assistance to refugees, including con2 tributions to the Intergovernmental Committee for Migra3 tion and the United Nations High Commissioner for Refu4 gees; salaries and expenses of personnel and dependents

5 as authorized by the Foreign Service Act of 1980; allow6 ances as authorized by sections 5921 through 5925 of title

7 5, United States Code; hire of passenger motor vehicles;

8 and services as authorized by section 3109 of title 5,

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

10 more than $11,500,000 of the funds appropriated under

11 this heading shall be available for the administrative ex12 penses of the Office of Refugee Programs of the Depart13 ment of State.

14 REFUGEE RESETTLEMENT ASSISTANCE

15 For necessary expenses for the targeted assistance

16 program authorized by title IV of the Immigration and

17 Nationality Act and section 501 of the Refugee Education

18 Assistance Act of 1980 and administered by the Office of

19 Refugee Resettlement of the Department of Health and

20 Human Services, in addition to amounts otherwise avail21 able for such purposes, $12,000,000.

22 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

23 ASSISTANCE FUND

24 For necessary expenses to carry out the provisions

25 of section 2(c) of the Migration and Refugee Assistance

26 Act of 1962, as amended (22 U.S.C. 260(c)),
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1 $50,000,000, to remain available until expended: Pro2 vided, That the funds made available under this heading

3 are appropriated notwithstanding the provisions contained

4 in section 2(c)(2) of the Migration and Refugee Assistance

5 Act of 1962 which would limit the amount of funds which

6 could be appropriated for this purpose.

7 ANTI-TERRORISM ASSISTANCE

8 For necessary expenses to carry out the provisions

9 of chapter 8 of part II of the Foreign Assistance Act of

10 1961, $15,244,000.

11 NONPROLIFERATION AND DISARMAMENT FUND

12 For necessary expenses for a ‘‘Nonproliferation and

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

14 until expended, to promote bilateral and multilateral ac15 tivities: Provided, That such funds may be used pursuant

16 to the authorities contained in section 504 of the FREE17 DOM Support Act: Provided further, That such funds may

18 also be used for such countries other than the new inde19 pendent states of the former Soviet Union and inter20 national organizations when it is in the national security

21 interest of the United States to do so: Provided further,

22 That funds appropriated under this heading may be made

23 available notwithstanding any other provision of law: Pro24 vided further, That funds appropriated under this heading

25 shall be subject to the regular notification procedures of

26 the Committees on Appropriations.
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1 TITLE III—MILITARY ASSISTANCE

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 INTERNATIONAL MILITARY EDUCATION AND TRAINING

4 For necessary expenses to carry out the provisions

5 of section 541 of the Foreign Assistance Act of 1961,

6 $25,500,000: Provided, That up to $300,000 of the funds

7 appropriated under this heading may be made available

8 for grant financed military education and training for any

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

10 the condition that that country agrees to fund from its

11 own resources the transportation cost and living allow12 ances of its students: Provided further, That the civilian

13 personnel for whom military education and training may

14 be provided under this heading may also include members

15 of national legislatures who are responsible for the over16 sight and management of the military: Provided further,

17 That none of the funds appropriated under this heading

18 shall be available for Indonesia and Zaire: Provided fur19 ther, That none of the funds appropriated by this Act shall

20 be used to facilitate the provision of IMET to Indonesia:

21 Provided further, That a report is to be submitted to the

22 Committees on Appropriations addressing how the pro23 posed School of the Americas IMET program will contrib24 ute to the promotion of human rights, respect for civilian

25 authority and the rule of law, the establishment of legiti-
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1 mate judicial mechanisms for the military, and achieving

2 the goal of right sizing military forces.

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

4 contact program of the Department of Defense,

5 $12,000,000, to be made available only for activities for

6 East European countries and the Baltic States.

7 FOREIGN MILITARY FINANCING PROGRAM

8 For expenses necessary for grants to enable the

9 President to carry out the provisions of section 23 of the

10 Arms Export Control Act, $3,149,279,000: Provided, That

11 funds appropriated by this paragraph that are made avail12 able for Israel and Egypt shall be available only as grants:

13 Provided further, That the funds appropriated by this

14 paragraph that are made available for Israel shall be dis15 bursed within thirty days of enactment of this Act or by

16 October 31, 1994, whichever is later: Provided further,

17 That funds made available under this paragraph shall be

18 nonrepayable notwithstanding any requirement in section

19 23 of the Arms Export Control Act.

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

21 Budget Enforcement Act of 1990, of direct loans author22 ized by section 23 of the Arms Export Control Act as fol23 lows: cost of direct loans, $47,917,000: Provided, That

24 these funds are available to subsidize gross obligations for

25 the principal amount of direct loans of not to exceed

26 $619,650,000: Provided further, That the rate of interest
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1 charged on such loans shall be not less than the current

2 average market yield on outstanding marketable obliga3 tions of the United States of comparable maturities: Pro4 vided further, That the principal amount of direct loans

5 for Greece and Turkey shall be made available according

6 to a 7 to 10 ratio: Provided further, That 25 percent of

7 the principal amount of direct loans for Turkey shall be

8 withheld until the Secretary of State, in consultation with

9 the Secretary of Defense, has submitted to the Commit10 tees on Appropriations a report addressing, among other

11 things, the allegations of abuses against civilians by the

12 Turkish armed forces and the situation in Cyprus, and

13 a separate notification has been submitted at least 15 days

14 prior to the obligation of such funds: Provided further,

15 That 25 percent of the principal amount of direct loans

16 for Greece shall be withheld until the Secretary of State

17 has submitted to the Committees on Appropriations a re18 port on the allegations of Greek violations of the United

19 Nations sanctions against Serbia and of the United Na20 tions Charter, and a separate notification has been sub21 mitted at least 15 days prior to the obligation of such

22 funds.

23 None of the funds made available under this heading

24 shall be available to finance the procurement of defense

25 articles, defense services, or design and construction serv-
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1 ices that are not sold by the United States Government

2 under the Arms Export Control Act unless the foreign

3 country proposing to make such procurements has first

4 signed an agreement with the United States Government

5 specifying the conditions under which such procurements

6 may be financed with such funds: Provided, That all coun7 try and funding level increases in allocations shall be sub8 mitted through the regular notification procedures of sec9 tion 515 of this Act: Provided further, That funds made

10 available under this heading shall be obligated upon appor11 tionment in accordance with paragraph (5)(C) of title 31,

12 United States Code, section 1501(a): Provided further,

13 That none of the funds appropriated under this heading

14 shall be available for Zaire, Sudan, Liberia, Guatemala,

15 Peru, and Malawi: Provided further, That none of the

16 funds appropriated under this heading may be made avail17 able for Colombia or Bolivia until the Secretary of State

18 certifies that such funds will be used by such country pri19 marily for counternarcotics activities: Provided further,

20 That not more than $100,000,000 of the funds made

21 available under this heading shall be available for use in

22 financing the procurement of defense articles, defense

23 services, or design and construction services that are not

24 sold by the United States Government under the Arms

25 Export Control Act to countries other than Israel and
27

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1 Egypt: Provided further, That only those countries for

2 which assistance was justified for the ‘‘Foreign Military

3 Sales Financing Program’’ in the fiscal year 1989 con4 gressional presentation for security assistance programs

5 may utilize funds made available under this heading for

6 procurement of defense articles, defense services or design

7 and construction services that are not sold by the United

8 States Government under the Arms Export Control Act:

9 Provided further, That, subject to the regular notification

10 procedures of the Committees on Appropriations, funds

11 made available under this heading for the cost of direct

12 loans may also be used to supplement the funds available

13 under this heading for necessary expenses for grants if

14 countries specified under this heading as eligible for such

15 direct loans decline to utilize such loans: Provided further,

16 That funds appropriated under this heading shall be ex17 pended at the minimum rate necessary to make timely

18 payment for defense articles and services: Provided fur19 ther, That the Department of Defense shall conduct dur20 ing the current fiscal year nonreimbursable audits of pri21 vate firms whose contracts are made directly with foreign

22 governments and are financed with funds made available

23 under this heading (as well as subcontractors thereunder)

24 as requested by the Defense Security Assistance Agency:

25 Provided further, That not more than $22,150,000 of the
28

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1 funds appropriated under this heading may be obligated

2 for necessary expenses, including the purchase of pas3 senger motor vehicles for replacement only for use outside

4 of the United States, for the general costs of administer5 ing military assistance and sales: Provided further, That

6 not more than $335,000,000 of funds realized pursuant

7 to section 21(e)(1)(A) of the Arms Export Control Act

8 may be obligated for expenses incurred by the Department

9 of Defense during the fiscal year 1994 pursuant to section

10 43(b) of the Arms Export Control Act, except that this

11 limitation may be exceeded only through the regular notifi12 cation procedures of the Committees on Appropriations:

13 Provided further, That none of the funds appropriated

14 under this heading, and no employee of the Defense Secu15 rity Assistance Agency, may be used to facilitate the

16 transport of aircraft to commercial arms sales shows.

17 PEACEKEEPING OPERATIONS

18 For necessary expenses to carry out the provisions

19 of section 551 of the Foreign Assistance Act of 1961,

20 $75,000,000.

21 TITLE IV—EXPORT ASSISTANCE

22 EXPORT-IMPORT BANK OF THE UNITED STATES

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 corpora26 tion, and in accordance with law, and to make such con-
29

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1 tracts and commitments without regard to fiscal year limi2 tations, as provided by section 104 of the Government

3 Corporation Control Act, as may be necessary in carrying

4 out the program for the current fiscal year for such cor5 poration: Provided, That none of the funds available dur6 ing the current fiscal year may be used to make expendi7 tures, contracts, or commitments for the export of nuclear

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

9 a nuclear-weapon State as defined in article IX of the

10 Treaty on the Non-Proliferation of Nuclear Weapons eligi11 ble to receive economic or military assistance under this

12 Act that has detonated a nuclear explosive after the date

13 of enactment of this Act.

14 SUBSIDY APPROPRIATION

15 For the cost of direct loans, loan guarantees, insur16 ance, and tied-aid grants as authorized by section 10 of

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

18 $792,653,000 to remain available until September 30,

19 1996: Provided, That such costs, including the cost of

20 modifying such loans, shall be as defined in section 502

21 of the Congressional Budget Act of 1974: Provided fur22 ther, That these funds are available to subsidize gross obli23 gations for the principal amount of direct loans, and tied24 aid grants, and total loan principal, any part of which is

25 to be guaranteed, including insurance, of not to exceed

26 $19,000,000,000: Provided further, That such sums shall
30

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1 remain available until 2010 for the disbursement of direct

2 loans, loan guarantees, insurance and tied-aid grants obli3 gated in fiscal years 1995 and 1996: Provided further,

4 That up to $100,000,000 of funds appropriated by this

5 paragraph shall remain available until expended and may

6 be used for tied-aid grant purposes: Provided further, That

7 none of the funds appropriated by this paragraph may be

8 used for tied-aid credits or grants except through the regu9 lar notification procedures of the Committees on Appro10 priations: Provided further, That funds appropriated by

11 this paragraph are made available notwithstanding section

12 2(b)(2) of the Export-Import Bank Act of 1945, in con13 nection with the purchase or lease of any product by any

14 East European country, any Baltic State, or any agency

15 or national thereof.

16 ADMINISTRATIVE EXPENSES

17 For administrative expenses to carry out the direct

18 and guaranteed loan and insurance programs (to be com19 puted on an accrual basis), including hire of passenger

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

21 3109, and not to exceed $20,000 for official reception and

22 representation expenses for members of the Board of Di23 rectors, $44,550,000: Provided, That necessary expenses

24 (including special services performed on a contract or fee

25 basis, but not including other personal services) in connec26 tion with the collection of moneys owed the Export-Import
31

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1 Bank, repossession or sale of pledged collateral or other

2 assets acquired by the Export-Import Bank in satisfaction

3 of moneys owed the Export-Import Bank, or the investiga4 tion or appraisal of any property, or the evaluation of the

5 legal or technical aspects of any transaction for which an

6 application for a loan, guarantee or insurance commitment

7 has been made, shall be considered nonadministrative ex8 penses for the purposes of this heading.

9 OVERSEAS PRIVATE INVESTMENT CORPORATION

10 PROGRAM ACCOUNT

11 For the subsidy cost as defined in section 13201 of

12 the Budget Enforcement Act of 1990, of direct and guar13 anteed loans authorized by section 234 of the Foreign As14 sistance Act of 1961, as follows: cost of direct and guaran15 teed loans, $23,296,000. In addition, for administrative

16 expenses to carry out the direct and guaranteed loan pro17 grams, $7,933,000: Provided, That the funds provided in

18 this paragraph shall be available for and apply to costs,

19 direct loan obligations and loan guaranty commitments in20 curred or made during the period from October 1, 1994

21 through September 30, 1996: Provided further, That such

22 sums are to remain available through fiscal year 2003 for

23 the disbursement of direct and guaranteed loans obligated

24 in fiscal year 1995, and through 2004 for the disburse25 ment of direct and guaranteed loans obligated in fiscal

26 year 1996.
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1 The Overseas Private Investment Corporation is au2 thorized to make, without regard to fiscal year limitations,

3 as provided by 31 U.S.C. 9104, such noncredit expendi4 tures and commitments within the limits of funds available

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

6 official reception and representation expenses which shall

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

8 FUNDS APPROPRIATED TO THE PRESIDENT

9 TRADE AND DEVELOPMENT AGENCY

10 For necessary expenses to carry out the provisions

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

12 $44,986,000.

13 TITLE V—GENERAL PROVISIONS

14 OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

15 SEC. 501. Except for the appropriations entitled

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

17 Emergency Refugee and Migration Assistance Fund’’, not

18 more than 15 per centum of any appropriation item made

19 available by this Act shall be obligated during the last

20 month of availability.

21 PROHIBITION OF BILATERAL FUNDING FOR

22 INTERNATIONAL FINANCIAL INSTITUTIONS

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

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

25 209(d) of the Foreign Assistance Act of 1961.
33

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1 LIMITATION ON RESIDENCE EXPENSES

2 SEC. 503. Of the funds appropriated or made avail3 able pursuant to this Act, not to exceed $126,500 shall

4 be for official residence expenses of the Agency for Inter5 national Development during the current fiscal year: Pro6 vided, That appropriate steps shall be taken to assure

7 that, to the maximum extent possible, United States8 owned foreign currencies are utilized in lieu of dollars.

9 LIMITATION ON EXPENSES

10 SEC. 504. Of the funds appropriated or made avail11 able pursuant to this Act, not to exceed $5,000 shall be

12 for entertainment expenses of the Agency for International

13 Development during the current fiscal year.

14 LIMITATION ON REPRESENTATIONAL ALLOWANCES

15 SEC. 505. Of the funds appropriated or made avail16 able pursuant to this Act, not to exceed $95,000 shall be

17 available for representation allowances for the Agency for

18 International Development during the current fiscal year:

19 Provided, That appropriate steps shall be taken to assure

20 that, to the maximum extent possible, United States21 owned foreign currencies are utilized in lieu of dollars:

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

23 Act for general costs of administering military assistance

24 and sales under the heading ‘‘Foreign Military Financing

25 Program’’, not to exceed $2,000 shall be available for en26 tertainment expenses and not to exceed $50,000 shall be
34

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1 available for representation allowances: Provided further,

2 That of the funds made available by this Act under the

3 heading ‘‘International Military Education and Training’’,

4 not to exceed $50,000 shall be available for entertainment

5 allowances: Provided further, That of the funds made

6 available by this Act for the Inter-American Foundation,

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

8 and representation allowances: Provided further, That of

9 the funds made available by this Act for the Peace Corps,

10 not to exceed a total of $4,000 shall be available for enter11 tainment expenses: Provided further, That of the funds

12 made available by this Act under the heading ‘‘Trade and

13 Development Agency’’, not to exceed $2,000 shall be avail14 able for representation and entertainment allowances.

15 PROHIBITION ON FINANCING NUCLEAR GOODS

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

17 available (other than funds for ‘‘International Organiza18 tions and Programs’’) pursuant to this Act, for carrying

19 out the Foreign Assistance Act of 1961, may be used, ex20 cept for purposes of nuclear safety, to finance the export

21 of nuclear equipment, fuel, or technology.

22 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

23 COUNTRIES

24 SEC. 507. None of the funds appropriated or other25 wise made available pursuant to this Act shall be obligated

26 or expended to finance directly any assistance or repara-
35

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1 tions to Cuba, Iraq, Libya, the Socialist Republic of Viet2 nam, Iran, Serbia, Sudan, or Syria: Provided, That for

3 purposes of this section, the prohibition on obligations or

4 expenditures shall include direct loans, credits, insurance

5 and guarantees of the Export-Import Bank or its agents.

6 MILITARY COUPS

7 SEC. 508. None of the funds appropriated or other8 wise made available pursuant to this Act shall be obligated

9 or expended to finance directly any assistance to any coun10 try whose duly elected Head of Government is deposed by

11 military coup or decree: Provided, That assistance may be

12 resumed to such country if the President determines and

13 reports to the Committees on Appropriations that subse14 quent to the termination of assistance a democratically

15 elected government has taken office.

16 TRANSFERS BETWEEN ACCOUNTS

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

18 Act may be obligated under an appropriation account to

19 which they were not appropriated, unless the President,

20 prior to the exercise of any authority contained in the For21 eign Assistance Act of 1961 to transfer funds, consults

22 with and provides a written policy justification to the

23 Committees on Appropriations of the House of Represent24 atives and the Senate: Provided, That the exercise of such

25 authority shall be subject to the regular notification proce26 dures of the Committees on Appropriations.
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1 DEOBLIGATION/REOBLIGATION AUTHORITY

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

3 1311 of the Supplemental Appropriations Act, 1955, as

4 having been obligated against appropriations heretofore

5 made under the authority of the Foreign Assistance Act

6 of 1961 for the same general purpose as any of the head7 ings under the ‘‘Agency for International Development’’

8 are, if deobligated, hereby continued available for the same

9 period as the respective appropriations under such head10 ings or until September 30, 1995, whichever is later, and

11 for the same general purpose, and for countries within the

12 same region as originally obligated: Provided, That the

13 Appropriations Committees of both Houses of the Con14 gress are notified fifteen days in advance of the

15 deobligation and reobligation of such funds in accordance

16 with regular notification procedures of the Committees on

17 Appropriations.

18 (b) Obligated balances of funds appropriated to carry

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

20 end of the fiscal year immediately preceding the current

21 fiscal year are, if deobligated, hereby continued available

22 during the current fiscal year for the same purpose under

23 any authority applicable to such appropriations under this

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

25 not be used in fiscal year 1995.
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1 AVAILABILITY OF FUNDS

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

3 this Act shall remain available for obligation after the ex4 piration of the current fiscal year unless expressly so pro5 vided in this Act: Provided, That funds appropriated for

6 the purposes of chapters 1 and 8 of part I, section 667,

7 and chapter 4 of part II of the Foreign Assistance Act

8 of 1961, as amended, shall remain available until ex9 pended if such funds are initially obligated before the expi10 ration of their respective periods of availability contained

11 in this Act: Provided further, That, notwithstanding any

12 other provision of this Act, any funds made available for

13 the purposes of chapter 1 of part I and chapter 4 of part

14 II of the Foreign Assistance Act of 1961 which are allo15 cated or obligated for cash disbursements in order to ad16 dress balance of payments or economic policy reform ob17 jectives, shall remain available until expended: Provided

18 further, That the report required by section 653(a) of the

19 Foreign Assistance Act of 1961 shall designate for each

20 country, to the extent known at the time of submission

21 of such report, those funds allocated for cash disburse22 ment for balance of payment and economic policy reform

23 purposes.

24 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

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

26 this Act shall be used to furnish assistance to any country
38

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1 which is in default during a period in excess of one cal2 endar year in payment to the United States of principal

3 or interest on any loan made to such country by the

4 United States pursuant to a program for which funds are

5 appropriated under this Act: Provided, That this section

6 and section 620(q) of the Foreign Assistance Act of 1961

7 shall not apply to funds made available in this Act or dur8 ing the current fiscal year for Nicaragua, and for any nar9 cotics-related assistance for Colombia, Bolivia, and Peru

10 authorized by the Foreign Assistance Act of 1961 or the

11 Arms Export Control Act.

12 COMMERCE AND TRADE

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

14 made available pursuant to this Act for direct assistance

15 and none of the funds otherwise made available pursuant

16 to this Act to the Export-Import Bank and the Overseas

17 Private Investment Corporation shall be obligated or ex18 pended to finance any loan, any assistance or any other

19 financial commitments for establishing or expanding pro20 duction of any commodity for export by any country other

21 than the United States, if the commodity is likely to be

22 in surplus on world markets at the time the resulting pro23 ductive capacity is expected to become operative and if the

24 assistance will cause substantial injury to United States

25 producers of the same, similar, or competing commodity:

26 Provided, That such prohibition shall not apply to the Ex-
39

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1 port-Import Bank if in the judgment of its Board of Direc2 tors the benefits to industry and employment in the

3 United States are likely to outweigh the injury to United

4 States producers of the same, similar, or competing com5 modity.

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

7 other Act to carry out chapter 1 of part I of the Foreign

8 Assistance Act of 1961 shall be available for any testing

9 or breeding feasibility study, variety improvement or intro10 duction, consultancy, publication, conference, or training

11 in connection with the growth or production in a foreign

12 country of an agricultural commodity for export which

13 would compete with a similar commodity grown or pro14 duced in the United States: Provided, That this subsection

15 shall not prohibit—

16 (1) activities designed to increase food security

17 in developing countries where such activities will not

18 have a significant impact in the export of agricul19 tural commodities of the United States; or

20 (2) research activities intended primarily to

21 benefit American producers.

22 (c) None of the funds provided in this Act to the

23 Agency for International Development, other than funds

24 made available to carry out Caribbean Basin Initiative

25 programs under the Tariff Schedules of the United States,
40

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1 section 1202 of title 19, United States Code, schedule 8,

2 part I, subpart B, item 807.00, shall be obligated or ex3 pended—

4 (1) to procure directly feasibility studies or

5 prefeasibility studies for, or project profiles of poten6 tial investment in, the manufacture, for export to

7 the United States or to third country markets in di8 rect competition with United States exports, of im9 port-sensitive articles as defined by section 503(c)(1)

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

11 2463(c)(1) (A) and (E)); or

12 (2) to assist directly in the establishment of fa13 cilities specifically designed for the manufacture, for

14 export to the United States or to third country mar15 kets in direct competition with United States ex16 ports, of import-sensitive articles as defined in sec17 tion 503(c)(1) (A) and (E) of the Tariff Act of 1930

18 (19 U.S.C. 2463(c)(1) (A) and (E)).

19 SURPLUS COMMODITIES

20 SEC. 514. The Secretary of the Treasury shall in21 struct the United States Executive Directors of the Inter22 national Bank for Reconstruction and Development, the

23 International Development Association, the International

24 Finance Corporation, the Inter-American Development

25 Bank, the International Monetary Fund, the Asian Devel26 opment Bank, the Inter-American Investment Corpora-
41

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1 tion, the European Bank for Reconstruction and Develop2 ment, the African Development Bank, and the African De3 velopment Fund to use the voice and vote of the United

4 States to oppose any assistance by these institutions,

5 using funds appropriated or made available pursuant to

6 this Act, for the production or extraction of any commod7 ity or mineral for export, if it is in surplus on world mar8 kets and if the assistance will cause substantial injury to

9 United States producers of the same, similar, or compet10 ing commodity.

11 NOTIFICATION REQUIREMENTS

12 SEC. 515. For the purposes of providing the Execu13 tive Branch with the necessary administrative flexibility,

14 none of the funds made available under this Act for ‘‘De15 velopment Assistance Fund’’, ‘‘Population, Development

16 Assistance’’, ‘‘Development Fund for Africa’’, ‘‘Inter17 national organizations and programs’’, ‘‘Trade and Devel18 opment Agency’’, ‘‘International narcotics control’’, ‘‘As19 sistance for Eastern Europe and the Baltic States’’, ‘‘As20 sistance for the New Independent States of the Former

21 Soviet Union’’, ‘‘Economic Support Fund’’, ‘‘Peacekeeping

22 operations’’, ‘‘Operating expenses of the Agency for Inter23 national Development’’, ‘‘Operating expenses of the Agen24 cy for International Development Office of Inspector Gen25 eral’’, ‘‘Anti-terrorism assistance’’, ‘‘Foreign Military Fi26 nancing Program’’, ‘‘International military education and
42

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1 training’’ (including the military-to-military contact pro2 gram), ‘‘Inter-American Foundation’’, ‘‘African Develop3 ment Foundation’’, ‘‘Peace Corps’’, or ‘‘Migration and ref4 ugee assistance’’, shall be available for obligation for ac5 tivities, programs, projects, type of materiel assistance,

6 countries, or other operation not justified or in excess of

7 the amount justified to the Appropriations Committees for

8 obligation under any of these specific headings unless the

9 Appropriations Committees of both Houses of Congress

10 are previously notified fifteen days in advance: Provided,

11 That the President shall not enter into any commitment

12 of funds appropriated for the purposes of section 23 of

13 the Arms Export Control Act for the provision of major

14 defense equipment, other than conventional ammunition,

15 or other major defense items defined to be aircraft, ships,

16 missiles, or combat vehicles, not previously justified to

17 Congress or 20 per centum in excess of the quantities jus18 tified to Congress unless the Committees on Appropria19 tions are notified fifteen days in advance of such commit20 ment: Provided further, That this section shall not apply

21 to any reprogramming for an activity, program, or project

22 under chapter 1 of part I of the Foreign Assistance Act

23 of 1961 of less than 20 per centum of the amount pre24 viously justified to the Congress for obligation for such

25 activity, program, or project for the current fiscal year:
43

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1 Provided further, That the requirements of this section or

2 any similar provision of this Act requiring notification in

3 accordance with the regular notification procedures of the

4 Committees on Appropriations may be waived if failure

5 to do so would pose a substantial risk to human health

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

7 waiver, notification to the Congress, or the appropriate

8 congressional committees, shall be provided as early as

9 practicable, but in no event later than three days after

10 taking the action to which such notification requirement

11 was applicable, in the context of the circumstances neces12 sitating such waiver: Provided further, That any notifica13 tion provided pursuant to such a waiver shall contain an

14 explanation of the emergency circumstances.

15 Drawdowns made pursuant to section 506(a)(2) of

16 the Foreign Assistance Act of 1961 shall be subject to the

17 regular notification procedures of the Committees on Ap18 propriations.

19 LIMITATION ON AVAILABILITY OF FUNDS FOR

20 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

21 SEC. 516. (a) Notwithstanding any other provision

22 of law or of this Act, none of the funds provided for

23 ‘‘International Organizations and Programs’’ shall be

24 available for the United States proportionate share, in ac25 cordance with section 307(c) of the Foreign Assistance

26 Act of 1961, for any programs identified in section 307,
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1 or for Libya, Iran, or, at the discretion of the President,

2 Communist countries listed in section 620(f) of the For3 eign Assistance Act of 1961, as amended: Provided,

4 That, subject to the regular notification procedures of

5 the Committees on Appropriations, funds appropriated

6 under this Act or any previously enacted Act making ap7 propriations for foreign operations, export financing, and

8 related programs, which are returned or not made avail9 able for organizations and programs because of the imple10 mentation of this section or any similar provision of law,

11 shall remain available for obligation through September

12 30, 1996.

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

14 or assessed contribution—

15 (1) to any affiliated organization of the United

16 Nations which grants full membership as a state to

17 any organization or group that does not have the

18 internationally recognized attributes of statehood, or

19 (2) to the United Nations, if the United Na20 tions grants full membership as a state in the

21 United Nations to any organization or group that

22 does not have the internationally recognized at23 tributes of statehood,

24 during any period in which such membership is effective.
45

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1 ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL

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

3 peace process in the Middle East is vitally important to

4 United States security interests in the region. The Con5 gress recognizes that, in fulfilling its obligations under the

6 Treaty of Peace Between the Arab Republic of Egypt and

7 the State of Israel, done at Washington on March 26,

8 1979, Israel incurred severe economic burdens. Further9 more, the Congress recognizes that an economically and

10 militarily secure Israel serves the security interests of the

11 United States, for a secure Israel is an Israel which has

12 the incentive and confidence to continue pursuing the

13 peace process. Therefore, the Congress declares that it is

14 the policy and the intention of the United States that the

15 funds provided in annual appropriations for the Economic

16 Support Fund which are allocated to Israel shall not be

17 less than the annual debt repayment (interest and prin18 cipal) from Israel to the United States Government in rec19 ognition that such a principle serves United States inter20 ests in the region.

21 PROHIBITION CONCERNING ABORTIONS AND

22 INVOLUNTARY STERILIZATION

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

24 out part I of the Foreign Assistance Act of 1961, as

25 amended, may be used to pay for the performance of abor26 tions as a method of family planning or to motivate or
46

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1 coerce any person to practice abortions. None of the funds

2 made available to carry out part I of the Foreign Assist3 ance Act of 1961, as amended, may be used to pay for

4 the performance of involuntary sterilization as a method

5 of family planning or to coerce or provide any financial

6 incentive to any person to undergo sterilizations. None of

7 the funds made available to carry out part I of the Foreign

8 Assistance Act of 1961, as amended, may be used to pay

9 for any biomedical research which relates in whole or in

10 part, to methods of, or the performance of, abortions or

11 involuntary sterilization as a means of family planning.

12 None of the funds made available to carry out part I of

13 the Foreign Assistance Act of 1961, as amended, may be

14 obligated or expended for any country or organization if

15 the President certifies that the use of these funds by any

16 such country or organization would violate any of the

17 above provisions related to abortions and involuntary steri18 lizations. The Congress reaffirms its commitments to Pop19 ulation, Development Assistance and to the need for in20 formed voluntary family planning.

21 REPORTING REQUIREMENT

22 SEC. 519. The President shall submit to the Commit23 tees on Appropriations the reports required by section

24 25(a)(1) of the Arms Export Control Act.
47

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1 SPECIAL NOTIFICATION REQUIREMENTS

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

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

4 Guatemala, Haiti, Indonesia, Liberia, Nicaragua, Paki5 stan, Peru, Rwanda, Sudan, or Zaire except as provided

6 through the regular notification procedures of the Com7 mittees on Appropriations: Provided, That this section

8 shall not apply to funds appropriated by this Act to carry

9 out the provisions of chapter 1 of part I of the Foreign

10 Assistance Act of 1961 that are made available for El Sal11 vador and Nicaragua.

12 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

14 project, and activity’’ shall be defined at the Appropria15 tions Act account level and shall include all Appropriations

16 and Authorizations Acts earmarks, ceilings, and limita17 tions with the exception that for the following accounts:

18 Economic Support Fund and Foreign Military Financing

19 Program, ‘‘program, project, and activity’’ shall also be

20 considered to include country, regional, and central pro21 gram level funding within each such account; for the devel22 opment assistance accounts of the Agency for Inter23 national Development ‘‘program, project, and activity’’

24 shall also be considered to include central program level

25 funding, either as (1) justified to the Congress, or (2) allo26 cated by the executive branch in accordance with a report,
48

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1 to be provided to the Committees on Appropriations within

2 thirty days of enactment of this Act, as required by section

3 653(a) of the Foreign Assistance Act of 1961.

4 FAMILY PLANNING, CHILD SURVIVAL AND AIDS

5 ACTIVITIES

6 SEC. 522. Up to $8,000,000 of the funds made avail7 able by this Act for assistance for family planning, health,

8 child survival, and AIDS, may be used to reimburse

9 United States Government agencies, agencies of State gov10 ernments, institutions of higher learning, and private and

11 voluntary organizations for the full cost of individuals (in12 cluding for the personal services of such individuals) de13 tailed or assigned to, or contracted by, as the case may

14 be, the Agency for International Development for the pur15 pose of carrying out family planning activities, child sur16 vival activities and activities relating to research on, and

17 the treatment and control of, acquired immune deficiency

18 syndrome in developing countries: Provided, That such in19 dividuals shall not be included within any personnel ceiling

20 applicable to any United States Government agency dur21 ing the period of detail or assignment: Provided further,

22 That funds appropriated by this Act that are made avail23 able for child survival activities or activities relating to re24 search on, and the treatment and control of, acquired im25 mune deficiency syndrome may be made available notwith26 standing any provision of law that restricts assistance to
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1 foreign countries: Provided further, That funds appro2 priated by this Act that are made available for family

3 planning activities may be made available notwithstanding

4 section 512 of this Act and section 620(q) of the Foreign

5 Assistance Act of 1961.

6 PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN

7 COUNTRIES

8 SEC. 523. None of the funds appropriated or other9 wise made available pursuant to this Act shall be obligated

10 to finance indirectly any assistance or reparations to

11 Cuba, Iraq, Libya, the Socialist Republic of Vietnam,

12 Iran, Syria, North Korea, People’s Republic of China, or

13 Laos unless the President of the United States certifies

14 that the withholding of these funds is contrary to the na15 tional interest of the United States.

16 RECIPROCAL LEASING

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

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

19 lieu thereof ‘‘1995’’.

20 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

21 SEC. 525. Prior to providing excess Department of

22 Defense articles in accordance with section 516(a) of the

23 Foreign Assistance Act of 1961, the Department of De24 fense shall notify the Committees on Appropriations to the

25 same extent and under the same conditions as are other

26 committees pursuant to subsection (c) of that section: Pro-
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1 vided, That before issuing a letter of offer to sell excess

2 defense articles under the Arms Export Control Act, the

3 Department of Defense shall notify the Committees on

4 Appropriations in accordance with the regular notification

5 procedures of such Committees: Provided further, That

6 such Committees shall also be informed of the original ac7 quisition cost of such defense articles.

8 AUTHORIZATION REQUIREMENT

9 SEC. 526. Funds appropriated by this Act may be

10 obligated and expended subject to section 10 of Public

11 Law 91–672 and section 15 of the State Department

12 Basic Authorities Act of 1956.

13 DEPLETED URANIUM

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

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

16 the sale of M–833 antitank shells or any comparable anti17 tank shells containing a depleted uranium penetrating

18 component to any country other than (1) countries which

19 are members of NATO, (2) countries which have been des20 ignated as a major non-NATO ally for purposes of section

21 1105 of the National Defense Authorization Act for Fiscal

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

23 made available to facilitate the sale of such shells notwith24 standing the limitations of this section if the President

25 determines that to do so is in the national security interest

26 of the United States.
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1 OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES

2 BY INTERNATIONAL FINANCIAL INSTITUTIONS

3 SEC. 528. (a) INSTRUCTIONS FOR UNITED STATES

4 EXECUTIVE DIRECTORS.—The Secretary of the Treasury

5 shall instruct the United States Executive Director of each

6 international financial institution designated in subsection

7 (b), and the Administrator of the Agency for International

8 Development shall instruct the United States Executive

9 Director of the International Fund for Agriculture Devel10 opment, to use the voice and vote of the United States

11 to oppose any loan or other use of the funds of the respec12 tive institution to or for a country for which the Secretary

13 of State has made a determination under section 6(j) of

14 the Export Administration Act of 1979.

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

16 term ‘‘international financial institution’’ includes—

17 (1) the International Bank for Reconstruction

18 and Development, the International Development

19 Association, and the International Monetary Fund;

20 and

21 (2) wherever applicable, the Inter-American De22 velopment Bank, the Asian Development Bank, the

23 African Development Bank, the African Develop24 ment Fund, and the European Bank for Reconstruc25 tion and Development.
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1 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

2 COUNTRIES

3 SEC. 529. (a) Notwithstanding any other provision

4 of law, funds appropriated for bilateral assistance under

5 any heading of this Act and funds appropriated under any

6 such heading in a provision of law enacted prior to enact7 ment of this Act, shall not be made available to any coun8 try which the President determines—

9 (1) grants sanctuary from prosecution to any

10 individual or group which has committed an act of

11 international terrorism, or

12 (2) otherwise supports international terrorism.

13 (b) The President may waive the application of sub14 section (a) to a country if the President determines that

15 national security or humanitarian reasons justify such

16 waiver. The President shall publish each waiver in the

17 Federal Register and, at least fifteen days before the waiv18 er takes effect, shall notify the Committees on Appropria19 tions of the waiver (including the justification for the waiv20 er) in accordance with the regular notification procedures

21 of the Committees on Appropriations.

22 COMMERCIAL LEASING OF DEFENSE ARTICLES

23 SEC. 530. Notwithstanding any other provision of

24 law, and subject to the regular notification requirements

25 of the Committees on Appropriations, the authority of sec26 tion 23(a) of the Arms Export Control Act may be used
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1 to provide financing to Israel and Egypt and NATO and

2 major non-NATO allies for the procurement by leasing

3 (including leasing with an option to purchase) of defense

4 articles from United States commercial suppliers, not in5 cluding Major Defense Equipment (other than helicopters

6 and other types of aircraft having possible civilian applica7 tion), if the President determines that there are compel8 ling foreign policy or national security reasons for those

9 defense articles being provided by commercial lease rather

10 than by government-to-government sale under such Act.

11 COMPETITIVE INSURANCE

12 SEC. 531. All Agency for International Development

13 contracts and solicitations, and subcontracts entered into

14 under such contracts, shall include a clause requiring that

15 United States marine insurance companies have a fair op16 portunity to bid for marine insurance when such insurance

17 is necessary or appropriate.

18 STINGERS IN THE PERSIAN GULF REGION

19 SEC. 532. Except as provided in section 581 of the

20 Foreign Operations, Export Financing, and Related Pro21 grams Appropriations Act, 1990, the United States may

22 not sell or otherwise make available any Stingers to any

23 country bordering the Persian Gulf under the Arms Ex24 port Control Act or chapter 2 of part II of the Foreign

25 Assistance Act of 1961.
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1 PROHIBITION ON LEVERAGING AND DIVERSION OF

2 UNITED STATES ASSISTANCE

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

4 Act may be provided to any foreign government (including

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

6 United States person in exchange for that foreign govern7 ment or person undertaking any action which is, if carried

8 out by the United States Government, a United States of9 ficial or employee, expressly prohibited by a provision of

10 United States law.

11 (b) For the purposes of this section the term ‘‘funds

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

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

14 (2) credits, and guaranties under the Arms Export Con15 trol Act.

16 (c) Nothing in this section shall be construed to

17 limit—

18 (1) the ability of the President, the Vice Presi19 dent, or any official or employee of the United

20 States to make statements or otherwise express their

21 views to any party on any subject;

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

23 United States to express the policies of the Presi24 dent; or
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1 (3) the ability of an official or employee of the

2 United States to communicate with any foreign

3 country government, group or individual, either di4 rectly or through a third party, with respect to the

5 prohibitions of this section including the reasons for

6 such prohibitions, and the actions, terms, or condi7 tions which might lead to the removal of the prohibi8 tions of this section.

9 DEBT-FOR-DEVELOPMENT

10 SEC. 534. In order to enhance the continued partici11 pation of nongovernmental organizations in economic as12 sistance activities under the Foreign Assistance Act of

13 1961, including endowments, debt-for-development and

14 debt-for-nature exchanges, a nongovernmental organiza15 tion which is a grantee or contractor of the Agency for

16 International Development may place in interest bearing

17 accounts funds made available under this Act or prior Acts

18 or local currencies which accrue to that organization as

19 a result of economic assistance provided under the heading

20 ‘‘Agency for International Development’’ and any interest

21 earned on such investment may be for the purpose for

22 which the assistance was provided to that organization.

23 LOCATION OF STOCKPILES

24 SEC. 535. Section 514(b)(2) of the Foreign Assist25 ance Act of 1961 is amended by striking out

26 ‘‘$200,000,000 for stockpiles in Israel for fiscal year
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1 1994’’ and inserting in lieu thereof ‘‘a total of

2 $200,000,000 for stockpiles in Israel for fiscal years 1994

3 and 1995, up to $40,000,000 may be made available for

4 stockpiles in the Republic of Korea, and up to

5 $10,000,000 may be made available for stockpiles in Thai6 land for fiscal year 1995’’.

7 SEPARATE ACCOUNTS

8 SEC. 536. (a) SEPARATE ACCOUNTS FOR LOCAL

9 CURRENCIES.—(1) If assistance is furnished to the gov10 ernment of a foreign country under chapters 1 and 10 of

11 part I (including the Philippines Multilateral Assistance

12 Initiative) or chapter 4 of part II of the Foreign Assist13 ance Act of 1961 under agreements which result in the

14 generation of local currencies of that country, the Admin15 istrator of the Agency for International Development

16 shall—

17 (A) require that local currencies be deposited in

18 a separate account established by that government;

19 (B) enter into an agreement with that govern20 ment which sets forth—

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

22 generated, and

23 (ii) the terms and conditions under which

24 the currencies so deposited may be utilized, con25 sistent with this section; and
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1 (C) establish by agreement with that govern2 ment the responsibilities of the Agency for Inter3 national Development and that government to mon4 itor and account for deposits into and disbursements

5 from the separate account.

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

7 agreed upon with the foreign government, local currencies

8 deposited in a separate account pursuant to subsection

9 (a), or an equivalent amount of local currencies, shall be

10 used only—

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

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

13 purposes as—

14 (i) project and sector assistance activities,

15 or

16 (ii) debt and deficit financing; or

17 (B) for the administrative requirements of the

18 United States Government.

19 (3) PROGRAMMING ACCOUNTABILITY.—The Agency

20 for International Development shall take all appropriate

21 steps to ensure that the equivalent of the local currencies

22 disbursed pursuant to subsection (a)(2)(A) from the sepa23 rate account established pursuant to subsection (a)(1) are

24 used for the purposes agreed upon pursuant to subsection

25 (a)(2).
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1 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

2 Upon termination of assistance to a country under chap3 ters 1 or 10 of part I or chapter 4 of part II (as the case

4 may be), any unencumbered balances of funds which re5 main in a separate account established pursuant to sub6 section (a) shall be disposed of for such purposes as may

7 be agreed to by the government of that country and the

8 United States Government.

9 (5) CONFORMING AMENDMENTS.—The provisions of

10 this subsection shall supersede the tenth and eleventh pro11 visos contained under the heading ‘‘Sub-Saharan Africa,

12 Development Assistance’’ as included in the Foreign Oper13 ations, Export Financing, and Related Programs Appro14 priations Act, 1989 and sections 531(d) and 609 of the

15 Foreign Assistance Act of 1961.

16 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

17 (1) If assistance is made available to the government of

18 a foreign country, under chapters 1 or 10 of part I (includ19 ing the Philippines Multilateral Assistance Initiative) or

20 chapter 4 of part II of the Foreign Assistance Act of 1961,

21 as cash transfer assistance or as nonproject sector assist22 ance, that country shall be required to maintain such

23 funds in a separate account and not commingle them with

24 any other funds.
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1 (2) APPLICABILITY OF OTHER PROVISIONS OF

2 LAW.—Such funds may be obligated and expended not3 withstanding provisions of law which are inconsistent with

4 the nature of this assistance including provisions which

5 are referenced in the Joint Explanatory Statement of the

6 Committee of Conference accompanying House Joint Res7 olution 648 (H. Report No. 98–1159).

8 (3) NOTIFICATION.—At least fifteen days prior to ob9 ligating any such cash transfer or nonproject sector assist10 ance, the President shall submit a notification through the

11 regular notification procedures of the Committees on Ap12 propriations, which shall include a detailed description of

13 how the funds proposed to be made available will be used,

14 with a discussion of the United States interests that will

15 be served by the assistance (including, as appropriate, a

16 description of the economic policy reforms that will be pro17 moted by such assistance).

18 (4) EXEMPTION.—Nonproject sector assistance funds

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

20 only through the notification procedures of the Commit21 tees on Appropriations.

22 COMPENSATION FOR UNITED STATES EXECUTIVE

23 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

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

25 be made as payment to any international financial institu26 tion while the United States Executive Director to such
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1 institution is compensated by the institution at a rate

2 which, together with whatever compensation such Director

3 receives from the United States, is in excess of the rate

4 provided for an individual occupying a position at level IV

5 of the Executive Schedule under section 5315 of title 5,

6 United States Code, or while any alternate United States

7 Director to such institution is compensated by the institu8 tion at a rate in excess of the rate provided for an individ9 ual occupying a position at level V of the Executive Sched10 ule under section 5316 of title 5, United States Code.

11 (b) For purposes of this section, ‘‘international finan12 cial institutions’’ are: the International Bank for Recon13 struction and Development, the Inter-American Develop14 ment Bank, the Asian Development Bank, the Asian De15 velopment Fund, the African Development Bank, the Afri16 can Development Fund, the International Monetary Fund,

17 and the European Bank for Reconstruction and Develop18 ment.

19 COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST

20 IRAQ

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

22 funds appropriated or otherwise made available pursuant

23 to this Act to carry out the Foreign Assistance Act of

24 1961 (including title IV of chapter 2 of part I, relating

25 to the Overseas Private Investment Corporation) or the

26 Arms Export Control Act may be used to provide assist-
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1 ance to any country that is not in compliance with the

2 United Nations Security Council sanctions against Iraq

3 unless the President determines and so certifies to the

4 Congress that—

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

6 the United States;

7 (2) such assistance will directly benefit the

8 needy people in that country; or

9 (3) the assistance to be provided will be human10 itarian assistance for foreign nationals who have fled

11 Iraq and Kuwait.

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

13 that the taking of such action would promote the effective14 ness of the economic sanctions of the United Nations and

15 the United States imposed with respect to Iraq, and is

16 consistent with the national interest, the President may

17 prohibit, for such a period of time as he considers appro18 priate, the importation into the United States of any or

19 all products of any foreign country that has not prohib20 ited—

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

22 customs territory, and

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

24 POW/MIA MILITARY DRAWDOWN

25 SEC. 539. (a) Notwithstanding any other provision

26 of law, the President may direct the drawdown, without
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1 reimbursement by the recipient, of defense articles from

2 the stocks of the Department of Defense, defense services

3 of the Department of Defense, and military education and

4 training, of an aggregate value not to exceed $15,000,000

5 in fiscal year 1995, as may be necessary to carry out sub6 section (b).

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

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

9 as the President determines are necessary to support ef10 forts to locate and repatriate members of the United

11 States Armed Forces and civilians employed directly or in12 directly by the United States Government who remain un13 accounted for from the Vietnam War, and to ensure the

14 safety of United States Government personnel engaged in

15 such cooperative efforts and to support United States De16 partment of Defense-sponsored humanitarian projects as17 sociated with the POW/MIA efforts. Any aircraft shall be

18 provided under this section only to Laos and only on a

19 lease or loan basis, but may be provided at no cost not20 withstanding section 61 of the Arms Export Control Act

21 and may be maintained with defense articles, services and

22 training provided under this section.

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

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

25 is exercised, submit a report to the Congress which identi-
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1 fies the articles, services, and training drawn down under

2 this section.

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

4 President such sums as may be necessary to reimburse

5 the applicable appropriation, fund, or account for defense

6 articles, defense services, and military education and

7 training provided under this section.

8 MEDITERRANEAN EXCESS DEFENSE ARTICLES

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

10 section 573(e) of the Foreign Operations, Export Financ11 ing, and Related Programs Appropriations Act, 1990,

12 shall be applicable, for the period specified therein, to ex13 cess defense articles made available under sections 516

14 and 519 of the Foreign Assistance Act of 1961.

15 PRIORITY DELIVERY OF EQUIPMENT

16 SEC. 541. Notwithstanding any other provision of

17 law, the delivery of excess defense articles that are to be

18 transferred on a grant basis under section 516 of the For19 eign Assistance Act to NATO allies and to major non20 NATO allies on the southern and southeastern flank of

21 NATO shall be given priority to the maximum extent fea22 sible over the delivery of such excess defense articles to

23 other countries.

24 ISRAEL DRAWDOWN

25 SEC. 542. Section 599B(a) of the Foreign Oper26 ations, Export Financing, and Related Programs Appro-
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1 priations Act, 1991 (as amended by Public Law 102–145,

2 as amended, and Public Law 102–391), is further amend3 ed—

4 (a) by striking out ‘‘fiscal year 1994’’ and in5 serting in lieu thereof ‘‘fiscal year 1995’’;

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

7 and inserting in lieu thereof ‘‘Appropriations Act,

8 1995’’; and

9 (c) by striking out ‘‘$700,000,000’’ and insert10 ing in lieu thereof ‘‘$775,000,000’’.

11 CASH FLOW FINANCING

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

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

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

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

16 Program, any Letter of Offer and Acceptance or other

17 purchase agreement, or any amendment thereto, for a pro18 curement in excess of $100,000,000 that is to be financed

19 in whole or in part with funds made available under this

20 Act shall be submitted through the regular notification

21 procedures to the Committees on Appropriations.

22 AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER23 ICAN FOUNDATION AND THE AFRICAN DEVELOP24 MENT FOUNDATION

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

26 provisions of this or any other Act, including provisions
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1 contained in prior Acts authorizing or making appropria2 tions for foreign operations, export financing, and related

3 programs, shall not be construed to prohibit activities au4 thorized by or conducted under the Peace Corps Act, the

5 Inter-American Foundation Act, or the African Develop6 ment Foundation Act. The appropriate agency shall

7 promptly report to the Committees on Appropriations

8 whenever it is conducting activities or is proposing to con9 duct activities in a country for which assistance is prohib10 ited.

11 IMPACT ON JOBS IN THE UNITED STATES

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

13 may be obligated or expended to provide—

14 (a) any financial incentive to a business enter15 prise currently located in the United States for the

16 purpose of inducing such an enterprise to relocate

17 outside the United States if such incentive or in18 ducement is likely to reduce the number of employ19 ees of such business enterprise in the United States

20 because United States production is being replaced

21 by such enterprise outside the United States;

22 (b) assistance for the purpose of establishing or

23 developing in a foreign country any export process24 ing zone or designated area in which the tax, tariff,

25 labor, environment, and safety laws of that country

26 do not apply, in part or in whole, to activities car-
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1 ried out within that zone or area, unless the Presi2 dent determines and certifies that such assistance is

3 not likely to cause a loss of jobs within the United

4 States; or

5 (c) assistance for any project or activity that

6 contributes to the violation of internationally recog7 nized workers rights, as defined in section 502(a)(4)

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

9 country, including any designated zone or area in

10 that country: Provided, That in recognition that the

11 application of this subsection should be commensu12 rate with the level of development of the recipient

13 country and sector, the provisions of this subsection

14 shall not preclude assistance for the informal sector

15 in such country, micro and small-scale enterprise,

16 and smallholder agriculture.

17 AUTHORITY TO ASSIST BOSNIA-HERCEGOVINA

18 SEC. 546. (a) Congress finds as follows:

19 (1) The United Nations has imposed an embar20 go on the transfer of arms to any country on the

21 territory of the former Yugoslavia.

22 (2) The federated states of Serbia and

23 Montenegro have a large supply of military equip24 ment and ammunition and the Serbian forces fight25 ing the government of Bosnia-Hercegovina have
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1 more than one thousand battle tanks, armored vehi2 cles, and artillery pieces.

3 (3) Because the United Nations arms embargo

4 is serving to sustain the military advantage of the

5 aggressor, the United Nations should exempt the

6 government of Bosnia-Hercegovina from its embar7 go.

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

9 embargo, or to a unilateral lifting of the arms embargo

10 by the President of the United States, against Bosnia11 Hercegovina, the President is authorized to transfer to the

12 government of that nation, without reimbursement, de13 fense articles from the stocks of the Department of De14 fense of an aggregate value not to exceed $50,000,000 in

15 fiscal year 1995: Provided, That the President certifies in

16 a timely fashion to the Congress that—

17 (1) the transfer of such articles would assist

18 that nation in self-defense and thereby promote the

19 security and stability of the region; and

20 (2) United States allies are prepared to join in

21 such a military assistance effort.

22 (c) Within 60 days of any transfer under the author23 ity provided in subsection (b), and every 60 days there24 after, the President shall report in writing to the Speaker

25 of the House of Representatives and the President pro
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1 tempore of the Senate concerning the articles transferred

2 and the disposition thereof.

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

4 President such sums as may be necessary to reimburse

5 the applicable appropriation, fund, or account for defense

6 articles provided under this section.

7 (e) If the President determines that doing so will con8 tribute to a just resolution of charges regarding genocide

9 or other violations of international law in the former Yugo10 slavia, the authority of section 552(c) of the Foreign As11 sistance Act of 1961, as amended, may be used to provide

12 up to $25,000,000 of commodities and services to the

13 United Nations War Crimes Tribunal, without regard to

14 the ceiling limitation contained in paragraph (2) thereof:

15 Provided, That the determination required under this sub16 section shall be in lieu of any determinations otherwise

17 required under section 552(c).

18 SPECIAL AUTHORITIES

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

20 Act that are made available for Haiti, Afghanistan, Leb21 anon, and Cambodia, and for victims of war, displaced

22 children, displaced Burmese, humanitarian assistance for

23 Romania, and humanitarian assistance for the peoples of

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

25 available notwithstanding any other provision of law: Pro26 vided, That any such funds that are made available for
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1 Cambodia shall be subject to the provisions of section

2 531(e) of the Foreign Assistance Act of 1961 and section

3 906 of the International Security and Development Co4 operation Act of 1985: Provided further, That the Presi5 dent shall terminate assistance to any Cambodian organi6 zation that he determines is cooperating, tactically or stra7 tegically, with the Khmer Rouge in their military oper8 ations.

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

10 provisions of sections 103 through 106 of the Foreign As11 sistance Act of 1961 may be used, notwithstanding any

12 other provision of law, for the purpose of supporting tropi13 cal forestry and energy programs aimed at reducing emis14 sions of greenhouse gases with regard to the key countries

15 in which deforestation and energy policy would make a

16 significant contribution to global warming: Provided, That

17 such assistance shall be subject to sections 116, 502B, and

18 620A of the Foreign Assistance Act of 1961.

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

20 up to $50,000,000 under the authority of section 451 of

21 the Foreign Assistance Act of 1961, notwithstanding the

22 funding ceiling contained in subsection (a) of that section.

23 (d) The Agency for International Development may

24 employ personal services contractors, notwithstanding any
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1 other provision of law, for the purpose of administering

2 programs for the West Bank and Gaza.

3 POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT

4 OF ISRAEL

5 SEC. 548. (a) FINDINGS.—The Congress finds that—

6 (1) since 1948 the Arab countries have main7 tained a primary boycott against Israel, refusing to

8 do business with Israel;

9 (2) since the early 1950s the Arab League has

10 maintained a secondary and tertiary boycott against

11 American and other companies that have commercial

12 ties with Israel;

13 (3) the boycott seeks to coerce American firms

14 by blacklisting those that do business with Israel

15 and harm America’s competitiveness;

16 (4) the United States has a longstanding policy

17 opposing the Arab League boycott and United

18 States law prohibits American firms from providing

19 information to Arab countries to demonstrate com20 pliance with the boycott;

21 (5) with real progress being made in the Middle

22 East peace process and the serious confidence-build23 ing measures taken by the State of Israel an end to

24 the Arab boycott of Israel and of American compa25 nies that have commercial ties with Israel is long
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1 overdue and would represent a significant con2 fidence-building measure; and

3 (6) in the interest of Middle East peace and

4 free commerce, the President must take more con5 crete steps to press the Arab states to end their

6 practice of blacklisting and boycotting American

7 companies that have trade ties with Israel.

8 (b) POLICY.—It is the sense of the Congress that—

9 (1) the Arab League countries should imme10 diately and publicly renounce the primary boycott of

11 Israel and the secondary and tertiary boycott of

12 American firms that have commercial ties with Is13 rael and

14 (2) the President should—

15 (A) take more concrete steps to encourage

16 vigorously Arab League countries to renounce

17 publicly the primary boycotts of Israel and the

18 secondary and tertiary boycotts of American

19 firms that have commercial relations with Israel

20 as a confidence-building measure;

21 (B) take into consideration the participa22 tion of any recipient country in the primary

23 boycott of Israel and the secondary and tertiary

24 boycotts of American firms that have commer-
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1 cial relations with Israel when determining

2 whether to sell weapons to said country;

3 (C) report to Congress on the specific

4 steps being taken by the President to bring

5 about a public renunciation of the Arab primary

6 boycott of Israel and the secondary and tertiary

7 boycotts of American firms that have commer8 cial relations with Israel; and

9 (D) encourage the allies and trading part10 ners of the United States to enact laws prohib11 iting businesses from complying with the boy12 cott and penalizing businesses that do comply.

13 ANTI-NARCOTICS ACTIVITIES

14 SEC. 549. (a) Of the funds appropriated by this Act

15 under the heading ‘‘Economic Support Fund’’, assistance

16 may be provided to strengthen the administration of jus17 tice in countries in Latin America and the Caribbean in

18 accordance with the provisions of section 534 of the For19 eign Assistance Act of 1961, except that programs to en20 hance protection of participants in judicial cases may be

21 conducted notwithstanding section 660 of that Act.

22 (b) Funds made available pursuant to this section

23 may be made available notwithstanding the third sentence

24 of section 534(e) of the Foreign Assistance Act of 1961.

25 Funds made available pursuant to subsection (a)(1) for

26 Bolivia, Colombia and Peru and subsection (a)(2) may be
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1 made available notwithstanding section 534(c) and the

2 second sentence of section 534(e) of the Foreign Assist3 ance Act of 1961.

4 ELIGIBILITY FOR ASSISTANCE

5 SEC. 550. (a) ASSISTANCE THROUGH NONGOVERN6 MENTAL ORGANIZATIONS.—Restrictions contained in this

7 or any other Act with respect to assistance for a country

8 shall not be construed to restrict assistance in support of

9 programs of nongovernmental organizations from funds

10 appropriated by this Act to carry out the provisions of

11 chapters 1 and 10 of part I of the Foreign Assistance Act

12 of 1961: Provided, That the President shall take into con13 sideration, in any case in which a restriction on assistance

14 would be applicable but for this subsection, whether assist15 ance in support of programs of nongovernmental organiza16 tions is in the national interest of the United States: Pro17 vided further, That before using the authority of this sub18 section to furnish assistance in support of programs of

19 nongovernmental organizations, the President shall notify

20 the Committees on Appropriations under the regular noti21 fication procedures of those committees, including a de22 scription of the program to be assisted, the assistance to

23 be provided, and the reasons for furnishing such assist24 ance: Provided further, That nothing in this subsection

25 shall be construed to alter any existing statutory prohibi-
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1 tions against abortion or involuntary sterilizations con2 tained in this or any other Act.

3 (b) PUBLIC LAW 480.—During fiscal year 1995, re4 strictions contained in this or any other Act with respect

5 to assistance for a country shall not be construed to re6 strict assistance under titles I and II of the Agricultural

7 Trade Development and Assistance Act of 1954: Provided,

8 That none of the funds appropriated to carry out title I

9 of such Act and made available pursuant to this subsection

10 may be obligated or expended except as provided through

11 the regular notification procedures of the Committees on

12 Appropriations.

13 (c) EXCEPTION.—This section shall not apply—

14 (1) with respect to section 529 of this Act or

15 any comparable provision of law prohibiting assist16 ance to countries that support international terror17 ism; or

18 (2) with respect to section 116 of the Foreign

19 Assistance Act of 1961 or any comparable provision

20 of 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

4 or base access in that country, if the President determines

5 that the recipient for which funds are earmarked has sig6 nificantly reduced its military or economic cooperation

7 with the United States since enactment of the Foreign Op8 erations, Export Financing, and Related Programs Appro9 priations Act, 1991; however, before exercising the author10 ity of this subsection with regard to a base rights or base

11 access country which has significantly reduced its military

12 or economic cooperation with the United States, the Presi13 dent shall consult with, and shall provide a written policy

14 justification to the Committees on Appropriations: Pro15 vided, That any such reprogramming shall be subject to

16 the regular notification procedures of the Committees on

17 Appropriations: Provided further, That assistance that is

18 reprogrammed pursuant to this subsection shall be made

19 available under the same terms and conditions as origi20 nally provided.

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

24 for International Development that are earmarked for par25 ticular 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

12 Act shall not be applicable to funds or authorities appro13 priated or otherwise made available by any subsequent Act

14 unless 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 1995 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

2 of 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, Develop9 ment Assistance’’, and the ‘‘Development Fund for Afri10 ca’’ shall be made available only for activities of United

11 States organizations 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)

23 through (5) shall be taken with respect to development

24 assistance and assistance for sub-Saharan Africa for the

25 current fiscal 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

5 utilize the authority of section 8(a) of the Small

6 Business 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 competi14 tive procedures under such terms and condi15 tions as the Administrator deems appropriate,

16 and

17 (ii) using an administrative system for jus18 tifications and approvals that, in the Adminis19 trator’s discretion, may best achieve the pur20 pose of this section; and

21 (C) shall issue regulations to require that any

22 contract in excess of $500,000 contain a provision

23 requiring that no less than 10 per centum of the dol24 lar value of the contract be subcontracted to entities

25 described in subsection (a), except—
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1 (i) to the extent the Administrator deter2 mines otherwise on a case-by-case or category3 of-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

9 well as all Agency missions and regional offices, shall no10 tify the Agency’s Office of Small and Disadvantaged Busi11 ness Utilization at least seven business days before adver12 tising a contract in excess of $100,000, except to the ex13 tent that the Administrator determines otherwise on a

14 case-by-case or category-of-contract basis.

15 (4) The Administrator shall include, as part of the

16 performance evaluation of any mission director of the

17 agency, the mission director’s efforts to carry out this sec18 tion.

19 (5) The Administrator shall submit to the Congress

20 annual reports on the implementation of this section. Each

21 such report shall specify the number and dollar value or

22 amount (as the case may be) of prime contracts, sub23 contracts, grants, and cooperative agreements awarded to

24 entities described in subsection (a) during the preceding

25 fiscal year.
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1 (c) As used in this section, the term ‘‘socially and

2 economically disadvantaged individuals’’ has the same

3 meaning that term is given for purposes of section 8(d)

4 of the Small Business Act, except that the term includes

5 women.

6 USE OF AMERICAN RESOURCES

7 SEC. 556. To the maximum extent possible, assist8 ance provided under this Act should make full use of

9 American resources, including commodities, products, and

10 services.

11 LIMITATIONS ON ASSISTANCE FOR NICARAGUA

12 Sec. 557. (a) Funds appropriated by this Act under

13 the heading ‘‘Economic Support Fund’’ may only be made

14 available to the Government of Nicaragua upon the notifi15 cation, in writing, by the Secretary of State to the appro16 priate committees that he has determined that significant

17 and tangible progress is being made by the Government

18 of Nicaragua toward—

19 (1) the prosecution of any individual identified

20 as part of a terrorist/kidnapping ring by the inves21 tigation of issues raised by the discovery, after the

22 May 23 explosion in Managua, of weapons caches,

23 false passports, identity papers and other docu24 ments, suggesting the existence of such a ring, in25 cluding all government officials (including any mem26 bers of the armed forces or security forces);
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1 (2) the resolution of expropriation claims and

2 the effective compensation of legitimate claims;

3 (3) the timely implementation of recommenda4 tions made by the Tripartite Commission as it un5 dertakes to review and identify those responsible for

6 gross human rights violations, including the expedi7 tious prosecution of individuals identified by the

8 commission in connection with such violations;

9 (4) the enactment into law of legislation to re10 form the Nicaraguan military and security forces in

11 order to guarantee civilian control over the armed

12 forces;

13 (5) the establishment of civilian control over the

14 police, and the independence of the police from the

15 military; and

16 (6) the effective reform of the Nicaraguan judi17 cial system.

18 (b) The notification pursuant to subsection (a) above

19 shall include a detailed listing of the tangible evidence that

20 forms the basis for such determination.

21 (c) For purposes of this section, the term ‘‘appro22 priate committees’’ means the Committees on Foreign Re23 lations and Appropriations of the Senate and Committees

24 on Foreign Affairs and Appropriations of the House of

25 Representatives.
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1 PROHIBITION OF PAYMENTS TO UNITED NATIONS

2 MEMBERS

3 SEC. 558. None of the funds appropriated or made

4 available pursuant to this Act for carrying out the Foreign

5 Assistance Act of 1961, may be used to pay in whole or

6 in part any assessments, arrearages, or dues of any mem7 ber of the United Nations.

8 CONSULTING SERVICES

9 SEC. 559. The expenditure of any appropriation

10 under this Act for any consulting service through procure11 ment contract, pursuant to section 3109 of title 5, United

12 States Code, shall be limited to those contracts where such

13 expenditures are a matter of public record and available

14 for public inspection, except where otherwise provided

15 under existing law, or under existing Executive order pur16 suant to existing law.

17 PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

18 SEC. 560. None of the funds appropriated or made

19 available pursuant to this Act shall be available to a pri20 vate voluntary organization which fails to provide upon

21 timely request any document, file, or record necessary to

22 the auditing requirements of the Agency for International

23 Development, nor shall any of the funds appropriated by

24 this Act be made available to any private voluntary organi25 zation which is not registered with the Agency for Inter26 national Development.
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1 SPECIAL DEBT RELIEF FOR THE POOREST

2 SEC. 561. (1) AUTHORITY TO REDUCE DEBT.—The

3 President may reduce amounts owed to the United States

4 (or any agency of the United States) by an eligible country

5 as a result of—

6 (A) guarantees issued under sections 221 and

7 222 of the Foreign Assistance Act of 1961; or

8 (B) credits extended or guarantees issued under

9 the Arms Export Control Act.

10 (2) LIMITATIONS.—

11 (A) The authority provided by paragraph (1)

12 may be exercised only to implement multilateral offi13 cial debt relief and referendum agreements, com14 monly referred to as ‘‘Paris Club Agreed Minutes’’.

15 (B) The authority provided by paragraph (1)

16 may be exercised only in such amounts or to such

17 extent as is provided in advance by appropriations

18 Acts.

19 (C) The authority provided by paragraph (1)

20 may be exercised only with respect to countries with

21 heavy debt burdens that are eligible to borrow from

22 the International Development Association, but not

23 from the International Bank for Reconstruction and

24 Development, commonly referred to as ‘‘IDA-only’’

25 countries.
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1 (3) CONDITIONS.—The authority provided by para2 graph (1) may be exercised only with respect to a country

3 whose government—

4 (A) does not have an excessive level of military

5 expenditures;

6 (B) has not repeatedly provided support for

7 acts of international terrorism;

8 (C) is not failing to cooperate on international

9 narcotics control matters; and

10 (D) (including its military or other security

11 forces) does not engage in a consistent pattern of

12 gross violations of internationally recognized human

13 rights.

14 (4) AVAILABILITY OF FUNDS.—The authority pro15 vided by paragraph (1) may be used only with regard to

16 funds appropriated by this Act under the heading ‘‘Debt

17 Restructuring’’.

18 (5) CERTAIN PROHIBITIONS INAPPLICABLE.—A re19 duction of debt pursuant to paragraph (1) shall not be

20 considered assistance for purposes of any provision of law

21 limiting assistance to a country.

22 GUARANTEES

23 SEC. 562. Section 251(b)(2)(G) of the Balanced

24 Budget and Emergency Deficit Control Act of 1985 is

25 amended by striking ‘‘1994’’ and inserting in lieu thereof

26 ‘‘1994 and 1995’’ in both places that this appears.
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1 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN2 MENTS THAT EXPORT LETHAL MILITARY EQUIP3 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

4 TERRORISM

5 SEC. 563. (a) None of the funds appropriated or oth6 erwise made available by this Act may be available to any

7 foreign government which provides lethal military equip8 ment to a country the government of which the Secretary

9 of State has determined is a terrorist government for pur10 poses of section 40(d) of the Arms Export Control Act.

11 The prohibition under this section with respect to a for12 eign government shall terminate 12 months after that gov13 ernment ceases to provide such military equipment. This

14 section applies with respect to lethal military equipment

15 provided under a contract entered into after the date of

16 enactment of this Act.

17 (b) Assistance restricted by subsection (a) or any

18 other similar provision of law, may be furnished if the

19 President determines that furnishing such assistance is

20 important to the national interests of the United States.

21 (c) Whenever the waiver of subsection (b) is exer22 cised, the President shall submit to the appropriate con23 gressional committees a report with respect to the furnish24 ing of such assistance. Any such report shall include a de25 tailed explanation of the assistance to be provided, includ-
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1 ing the estimated dollar amount of such assistance, and

2 an explanation of how the assistance furthers United

3 States national interests.

4 WITHHOLDING OF ASSISTANCE FOR PARKING FINES

5 OWED BY FOREIGN COUNTRIES

6 SEC. 564. (a) IN GENERAL.—Of the funds made

7 available for a foreign country under part I of the Foreign

8 Assistance Act of 1961, an amount equivalent to 110 per9 cent of the total unpaid fully adjudicated parking fines

10 and penalties owed to the District of Columbia by such

11 country as of the date of enactment of this Act shall be

12 withheld from obligation for such country until the Sec13 retary of State certifies and reports in writing to the ap14 propriate congressional committees that such fines and

15 penalties are fully paid to the government of the District

16 of Columbia.

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

18 term ‘‘appropriate congressional committees’’ means the

19 Committee on Foreign Relations and the Committee on

20 Appropriations of the Senate and the Committee on For21 eign Affairs and the Committee on Appropriations of the

22 House of Representatives.

23 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

24 WEST BANK AND GAZA

25 SEC. 565. None of the funds appropriated by this Act

26 may be obligated for assistance for the Palestine Libera-
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1 tion Organization for the West Bank and Gaza unless the

2 President has exercised the authority under section 583(a)

3 of the Middle East Peace Facilitation Act of 1994 (part

4 E of title V of Public Law 103–236) or any other legisla5 tion to suspend or make inapplicable section 307 of the

6 Foreign Assistance Act of 1961 and that suspension is

7 still in effect: Provided, That if the President fails to make

8 the certification under section 583(b)(2) of the Middle

9 East Peace Facilitation Act or to suspend the prohibition

10 under other legislation, funds appropriated by this Act

11 may not be obligated for assistance for the Palestine Lib12 eration Organization for the West Bank and Gaza unless

13 the President determines that it is in the national interest

14 to do so and so reports to the Congress.

15 PROCUREMENT REDUCTION

16 SEC. 566. (a) Of the budgetary resources available

17 to the Agency for International Development during fiscal

18 year 1995, $1,598,000 are permanently canceled.

19 (b) The Administrator of the Agency for Inter20 national Development shall allocate the amount of budg21 etary resources canceled among the Agency’s accounts

22 available for procurement and procurement-related ex23 penses. Amounts available for procurement and procure24 ment-related expenses in each such account shall be re25 duced by the amount allocated to such account.
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1 (c) For the purposes of this section, the definition

2 of ‘‘procurement’’ includes all stages of the process of ac3 quiring property or services, beginning with the process

4 of determining a need for a product or services and ending

5 with contract completion and closeout, as specified in sec6 tion 403(a)(2) of title 41, United States Code.

7 IMPLEMENTATION OF WAPENHANS REPORT

8 RECOMMENDATIONS

9 SEC. 567. Funds appropriated by title I of this Act

10 under the headings ‘‘Contribution to the International

11 Bank for Reconstruction and Development’’, ‘‘Contribu12 tion to the International Development Association’’, and

13 ‘‘Contribution to the International Finance Corporation’’

14 shall not be available for payment to any such institution

15 unless the Secretary of the Treasury (1) determines that

16 the recommendations contained in the report entitled Re17 port of the Portfolio Management Task Force (commonly

18 referred to as the ‘‘Wapenhans Report’’) continue to be

19 implemented, and (2) reports that determination to the

20 Committee on Appropriations and the Committee on

21 Banking, Finance and Urban Affairs of the House of Rep22 resentatives and the Committee on Appropriations and the

23 Committee on Foreign Relations of the Senate.

24 RESTRICTIONS ON ASSISTANCE TO RUSSIA

25 SEC. 568. (a) RESTRICTION.—None of the funds ap26 propriated or otherwise made available by this Act may
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1 be obligated for assistance for the Government of Russia

2 after December 31, 1994, unless it has been made known

3 to the President that all armed forces of Russia and the

4 Commonwealth of Independent States have been removed

5 from all Baltic countries or that the status of those armed

6 forces have been otherwise resolved by mutual agreement

7 of the parties.

8 (b) EXEMPTION.—Subsection (a) does not apply to

9 assistance that involves the provision of student exchange

10 programs, food, clothing, medicine, or other humanitarian

11 assistance or to housing assistance for officers of the

12 armed forces of Russia or the Commonwealth of Independ13 ent States who are removed from the territory of Estonia,

14 Latvia, and Lithuania.

15 (c) WAIVER.—Subsection (a) does not apply if after

16 December 31, 1994, the President determines that the

17 provision of funds to the Government of Russia is in the

18 national interest.

19 ADDITIONAL LIMITATION ON FUNDS TO ENSURE IMPLE20 MENTATION OF WAPENHANS REPORT RECOMMENDA21 TIONS

22 SEC. 569. (a) LIMITATION ON AMOUNTS AVAILABLE

23 BEFORE APRIL 1, 1995.—If amounts appropriated by

24 title I become available pursuant to section 567—

25 (1) not more than $30,000,000 shall be avail26 able for obligation before April 1, 1995, for ‘‘Con-
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1 tribution to the International Bank for Reconstruc2 tion and Development’’ for payment for contribution

3 to the Global Environment Facility;

4 (2) not more than $1,024,332,000 shall be

5 available for obligation before April 1, 1995, for

6 ‘‘Contribution to the International Development As7 sociation’’; and

8 (3) not more than $35,761,500 shall be avail9 able for obligation before April 1, 1995, for ‘‘Con10 tribution to the International Finance Corporation’’.

11 (b) REQUIREMENTS FOR AVAILABILITY OF ADDI12 TIONAL AMOUNTS.—No amount in excess of any sum

13 specified in subsection (a) with respect to an account or

14 activity shall become available on or after April 1, 1995,

15 unless the Secretary of the Treasury—

16 (1) determines that the recommendations con17 tained in the report entitled Report of the Portfolio

18 Management Task Force (commonly referred to as

19 the ‘‘Wapenhans Report’’) continue to be imple20 mented as of such date;

21 (2) reports such determination to the Commit22 tee on Appropriations and the Committee on Bank23 ing, Finance and Urban Affairs of the House of

24 Representatives and the Committee on Appropria-
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1 tions and the Committee on Foreign Relations of the

2 Senate; and

3 (3) complies with the regular notification proce4 dures of the Committee on Appropriations.

5 PURCHASE OF AMERICAN-MADE EQUIPMENT AND

6 PRODUCTS

7 SEC. 570. (a) SENSE OF CONGRESS.—It is the sense

8 of the Congress that, to the greatest extent practicable,

9 all equipment and products purchased with funds made

10 available in this Act should be American-made.

11 (b) NOTICE REQUIREMENT.—In providing financial

12 assistance to, or entering into any contract with, any en13 tity using funds made available in this Act, the head of

14 each Federal agency shall provide, to the greatest extent

15 practicable, to such entity a notice describing the state16 ment made in subsection (a) by the Congress.

17 This Act may be cited as the ‘‘Foreign Operations,

18 Export Financing, and Related Programs Appropriations

19 Act, 1995’’.

Passed the House of Representatives May 25, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.

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