IB

103D CONGRESS

2D SESSION H. R. 4426

IN THE HOUSE OF REPRESENTATIVES

JULY 15, 1994

Ordered to be printed with the amendments of the Senate numbered

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

12 expendedΩ1æ: Provided, That one quarter of such funds

13 may be obligated only after April 1, 1995: Provided further,

14 That one quarter of such funds may be obligated only after

15 September 1, 1995: Provided further, That not more than

16 twenty-one days prior to the obligation of each such sum,

17 the Secretary shall submit a certification to the Committees

18 on Appropriations that the Bank has not approved any

19 loans to Iran since October 1, 1994, or the President of the

20 United States certifies that withholding of these funds is

21 contrary to the national interest of the United States.

22 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

23 The United States Governor of the International

24 Bank for Reconstruction and Development may subscribe

25 without fiscal year limitation to the callable capital portion
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1 of the United States share of increases in capital stock

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

3 For payment to the International Bank for Recon4 struction and Development by the Secretary of the Treas5 ury, for the United States contribution to the Global Envi6 ronment Facility (GEF), Ω2æ$88,800,000 $98,800,000, to

7 remain available until expended.

8 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

9 ASSOCIATION

10 For payment to the International Development Asso11 ciation by the Secretary of the Treasury,

12 Ω3æ$1,235,000,000 $1,207,750,000, for the United States

13 contribution to the replenishment, to remain available

14 until expended.

15 CONTRIBUTION TO THE INTERNATIONAL FINANCE

16 CORPORATION

17 For payment to the International Finance Corpora18 tion by the Secretary of the Treasury, $68,743,028, for

19 the United States share of the increase in subscriptions

20 to capital stock, to remain available until expended: Pro21 vided, That of the amount appropriated under this head22 ing not more than $5,364,000 may be expended for the

23 purchase of such stock in fiscal year 1995.
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1 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

2 BANK

3 For payment to the Inter-American Development

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

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

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

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

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

9 States share of the capital stock of the Inter-American In10 vestment Corporation, $190,000, to remain available until

11 expendedΩ4æ:–Provided, That $25,269,224 of the amount

12 made available for the paid-in share portion of the in13 crease in capital stock, and $20,317,000 of the resources

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

15 regular notification procedures of the Committees on Ap16 propriations.

17 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

18 The United States Governor of the Inter-American

19 Development Bank may subscribe without fiscal year limi20 tation to the callable capital portion of the United States

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

22 $1,594,568,180.

23 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

24 MULTILATERAL INVESTMENT FUND

25 For payment to the Enterprise for the Americas Mul26 tilateral Investment Fund by the Secretary of the Treas-
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1 ury, for the United States contribution to the Fund to

2 be administered by the Inter-American Development

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

4 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

5 For the United States contribution by the Secretary

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

7 Development Fund, as authorized by the Asian Devel8 opment Bank Act, as amended (Public Law 89–369),

9 $167,960,000, to remain available until expended.

10 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

11 For payment to the African Development Fund by

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

13 United States contribution to the African Development

14 Fund, to remain available until expendedΩ5æ:–Provided,

15 That of the funds appropriated under this heading,

16 $20,000,000 shall be subject to the regular notification

17 procedures of the Committees on Appropriations.

18 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

19 For payment to the African Development Bank by

20 the Secretary of the Treasury, for the paid-in share por21 tion of the United States share of the increase in capital

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

23 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

24 The United States Governor of the African Develop25 ment Bank may subscribe without fiscal year limitation

26 to the callable capital portion of the United States share
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1 of such capital stock in an amount not to exceed

2 $2,002,540.

3 CONTRIBUTION TO THE EUROPEAN BANK FOR

4 RECONSTRUCTION AND DEVELOPMENT

5 For payment to the European Bank for Reconstruc6 tion and Development by the Secretary of the Treasury,

7 $69,180,353, for the United States share of the paid-in

8 share portion of the initial capital subscription, to remain

9 available until expended: Provided, That Ω6æduring fiscal

10 year 1995 the number of shares of stock purchased shall

11 be not more than 600 of the amount appropriated under

12 this heading not more than $7,002,000 may be expended

13 for the purchase of such stock in fiscal year 1995.

14 LIMITATION OF CALLABLE CAPITAL SUBSCRIPTIONS

15 The United States Governor of the European Bank

16 for Reconstruction and Development may subscribe with17 out fiscal year limitation to the callable capital portion of

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

19 not to exceed $161,420,824.

20 Ω7æCONTRIBUTION TO THE ENHANCED STRUCTURAL AD21 JUSTMENT FACILITY OF THE INTERNATIONAL MONE22 TARY FUND

23 For payment to the Interest Subsidy Account of the

24 Enhanced Structural Adjustment Facility of the Inter25 national Monetary Fund, $25,000,000, to remain available

26 until expended.
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1 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

2 For necessary expenses to carry out the provisions

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

4 of section 2 of the United Nations Environment Program

5 Participation Act of 1973, Ω8æ$366,000,000

6 $382,000,000: Provided, That none of the funds appro7 priated under this heading shall be made available for the

8 United Nations Fund for Science and Technology: Pro9 vided further, That funds appropriated under this heading

10 may be made available for the International Atomic En11 ergy Agency only if the Secretary of State determines (and

12 so reports to the Congress) that Israel is not being denied

13 its right to participate in the activities of that Agency:

14 Provided further, That of the funds appropriated under

15 this heading that are made available for the United Na16 tions Children’s Fund (UNICEF), 75 per centum shall be

17 obligated and expended no later than thirty days after the

18 date of enactment of this Act and 25 per centum shall

19 be expended within thirty days from the start of

20 UNICEF’s fourth quarter of operations for 1995: Pro21 vided further, That none of the funds appropriated under

22 this heading that are made available to the United Nations

23 Population Fund (UNFPA) shall be made available for

24 activities in the People’s Republic of China: Provided fur25 ther, That not more than Ω9æ$40,000,000 $60,000,000 of
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1 the funds appropriated under this heading may be made

2 available to the UNFPA: Provided further, That not more

3 than one-half of this amount may be provided to UNFPA

4 before March 1, 1995, and that no later than February

5 15, 1995, the Secretary of State shall submit a report to

6 the Committees on Appropriations indicating the amount

7 UNFPA is budgeting for the People’s Republic of China

8 in 1995: Provided further, That any amount UNFPA

9 plans to spend in the People’s Republic of China in 1995

10 above $7,000,000, shall be deducted from the amount of

11 funds provided to UNFPA after March 1, 1995 pursuant

12 to the previous provisos: Provided further, That with re13 spect to any funds appropriated under this heading that

14 are made available to UNFPA, UNFPA shall be required

15 to maintain such funds in a separate account and not com16 mingle them with any other fundsΩ10æ:–Provided further,

17 That notwithstanding the fifth proviso of this heading, if

18 UNFPA decides not to initiate a new program in China

19 after its current program ends in 1995, up to an addi20 tional $20,000,000 of funds appropriated under this head21 ing may be made available to UNFPA.

22 TITLE II—BILATERAL ECONOMIC ASSISTANCE

23 FUNDS APPROPRIATED TO THE PRESIDENT

24 For expenses necessary to enable the President to

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

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

3 follows:

4 AGENCY FOR INTERNATIONAL DEVELOPMENT

5 DEVELOPMENT ASSISTANCE FUND

6 For necessary expenses to carry out the provisions

7 of sections 103 through 106 of the Foreign Assistance Act

8 of 1961, Ω11æ$811,000,000 $882,000,000, to remain

9 available until September 30, 1996Ω12æ: Provided, That

10 of the funds appropriated under this title under the heading

11 ‘‘Agency for International Development’’, (1) not less than

12 $285,000,000 shall be made available for activities which

13 have as their objective the reduction of childhood mortality,

14 including such activities as immunization programs, oral

15 rehydration programs, and education programs which ad16 dress improved nutrition, and water and sanitation pro17 grams, (2) not less than $135,000,000 shall be made avail18 able for basic education programs, and (3) not less than

19 $25,000,000 shall be made available for micronutrient pro20 gramsΩ13æ: Provided further, That of the funds appro21 priated under title II, not less than $600,000 shall be avail22 able to support democracy programs in the People’s Repub23 lic of China: Provided further, That the Agency for Inter24 national Development shall make these funds available for

25 the activities described in the previous proviso on a grant
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1 basis to United States nongovernment organizations, on a

2 competitive selection basis, notwithstanding any other pro3 vision of law: Provided further, That the following section

4 of the bill is null and void: Provided further, That of the

5 funds appropriated under this heading, not less than

6 $600,000, shall be available to support parliamentary

7 training and democracy programs in the People’s Republic

8 of China: Provided further, That the Agency for Inter9 national Development shall make funds available for the ac10 tivities described in the previous proviso on a grant basis

11 to the International Republican Institute and the National

12 Democratic Institute, notwithstanding any other provision

13 of lawΩ14æ: Provided further, That of the funds appro14 priated under this heading, not less than $1,000,000 shall

15 be available for support of displaced Burmese including for

16 cross border activities notwithstanding any other provision

17 of lawΩ15æ: Provided further, That of the funds appro18 priated under this heading, not less than $600,000 shall be

19 available to support parliamentary training and democ20 racy programs in the People’s Republic of China: Provided

21 further, That the Agency for International Development

22 shall make funds available for the activities described in

23 the previous proviso on a grant basis to the International

24 Republican Institute and the National Democratic Insti25 tute, notwithstanding any other provision of lawΩ16æ: Pro-
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1 vided further, That of the funds appropriated under this

2 heading, not less than $15,100,000 shall be made available

3 for the Cooperative Association of States for Scholarships

4 Program and not less than $3,000,000 shall be made avail5 able for the East Central European Scholarship Program.

6 ∆17«Notwithstanding any other provision of this Act, none

7 of the funds appropriated under this Act shall be available

8 to support parliamentary training and democracy pro9 grams in the People’s Republic of China.

10 POPULATION, DEVELOPMENT ASSISTANCE

11 For necessary expenses to carry out the provisions

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

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

14 made available in this Act nor any unobligated balances

15 from prior appropriations may be made available to any

16 organization or program which, as determined by the

17 President of the United States, supports or participates

18 in the management of a program of coercive abortion or

19 involuntary sterilization: Provided further, That none of

20 the funds made available under this heading may be used

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

22 family planning or to motivate or coerce any person to

23 practice abortions; and that in order to reduce reliance

24 on abortion in developing nations, funds shall be available

25 only to voluntary family planning projects which offer, ei26 ther directly or through referral to, or information about
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1 access to, a broad range of family planning methods and

2 services: Provided further, That in awarding grants for

3 natural family planning under section 104 of the Foreign

4 Assistance Act of 1961 no applicant shall be discriminated

5 against because of such applicant’s religious or conscien6 tious commitment to offer only natural family planning;

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

8 requirements of the previous provisoΩ18æ: Provided fur9 ther, That for purposes of this or any other Act authorizing

10 or appropriating funds for foreign operations, export fi11 nancing, and related programs, the term ‘‘motivate’’, as it

12 relates to family planning assistance, shall not be construed

13 to prohibit the provision, consistent with local law, of infor14 mation or counselling about, or referral for, all pregnancy

15 options including abortion: Provided further, That nothing

16 in this subsection shall be construed to alter any existing

17 statutory prohibitions against abortion under section 104

18 of the Foreign Assistance Act of 1961Ω19æ: Provided fur19 ther, That of the funds appropriated under this heading,

20 not less than an amount equal to the amount made avail21 able for the Office of Population of the Agency for Inter22 national Development in fiscal year 1994 shall be made

23 available to that office.

24 DEVELOPMENT FUND FOR AFRICA

25 For necessary expenses to carry out the provisions

26 of chapter 10 of part I of the Foreign Assistance Act of
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1 1961, Ω20æ$790,000,000 $802,000,000, to remain avail2 able until September 30, 1996: Provided, That none of the

3 funds appropriated by this Act to carry out chapters 1

4 and 10 of part I of the Foreign Assistance Act of 1961

5 shall be transferred to the Government of Zaire: Provided

6 further, That funds appropriated under this heading which

7 are made available for activities supported by the South8 ern Africa Development Community shall be made avail9 able notwithstanding section 512 of this Act and section

10 620(q) of the Foreign Assistance Act of 1961.

11 PRIVATE AND VOLUNTARY ORGANIZATIONS

12 None of the funds appropriated or otherwise made

13 available by this Act for development assistance may be

14 made available to any United States private and voluntary

15 organization, except any cooperative development organi16 zation, which obtains less than 20 per centum of its total

17 annual funding for international activities from sources

18 other than the United States Government: Provided, That

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

20 Foreign Assistance Act of 1961 and the provisions on pri21 vate and voluntary organizations in title II of the ‘‘Foreign

22 Assistance and Related Programs Appropriations Act,

23 1985’’ (as enacted in Public Law 98–473) shall be super24 seded by the provisions of this section.
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1 INTERNATIONAL DISASTER ASSISTANCE

2 For necessary expenses for international disaster re3 lief, rehabilitation, and reconstruction assistance pursuant

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

5 amended, $169,998,000 to remain available until ex6 pended.

7 DEBT RESTRUCTURING

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

9 Budget Enforcement Act of 1990, of modifying direct

10 loans and loan guarantees, as the President may deter11 mine, for which funds have been appropriated or otherwise

12 made available for programs within the International Af13 fairs Budget Function 150, $7,000,000, to remain

14 available until expendedΩ21æ:–Provided, That it is the

15 sense of the Congress that a program should be developed

16 to undertake direct buy backs of bilateral debt from eligi17 ble poor and lower-middle income countries with local cur18 rency offsets to fund development and environmental ac19 tivities, provided that such a program would have no budg20 etary impact. The Administration should consider how cre21 ative use of the sale of impaired Third World debts might

22 be used to lower debt overhangs and generate local cur23 rencies for development and environmental activities.
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1 MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM

2 ACCOUNT

3 For the subsidy cost of direct loans and loan guaran4 tees, $1,500,000, as authorized by section 108 of the For5 eign Assistance Act of 1961, as amended: Provided, That

6 such costs shall be as defined in section 502 of the Con7 gressional Budget Act of 1974Ω22æ: Provided further,

8 That guarantees of loans made under this heading in sup9 port of microenterprise activities may guarantee up to 70

10 percent of the principal amount of any such loans notwith11 standing section 108 of the Foreign Assistance Act of 1961.

12 In addition, for administrative expenses to carry out pro13 grams under this heading, $500,000, all of which may be

14 transferred to and merged with the appropriation for Op15 erating Expenses of the Agency for International Develop16 ment.

17 HOUSING GUARANTY PROGRAM ACCOUNT

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

19 the Budget Enforcement Act of 1990, of guaranteed loans

20 authorized by sections 221 and 222 of the Foreign Assist21 ance Act of 1961, $19,300,000: Provided, That these

22 funds are available to subsidize loan principal, 100 percent

23 of which shall be guaranteed, pursuant to the authority

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

25 enter into commitments to guarantee such loans in the

26 full amount provided under this heading, subject to the
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1 availability of qualified applicants for such guarantees. In

2 addition, for administrative expenses to carry out guaran3 teed loan programs, $8,000,000, all of which may be

4 transferred to and merged with the appropriation for Op5 erating Expenses of the Agency for International Develop6 ment: Provided further, That commitments to guarantee

7 loans under this heading may be entered into notwith8 standing the second and third sentences of section 222(a)

9 and, with regard to programs for Eastern Europe and pro10 grams for the benefit of South Africans disadvantaged by

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

12 1961: Provided further, That none of the funds appro13 priated under this heading shall be obligated except

14 through the regular notification procedures of the Com15 mittees on Appropriations.

16 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

17 DISABILITY FUND

18 For payment to the ‘‘Foreign Service Retirement and

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

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

21 OPERATING EXPENSES OF THE AGENCY FOR

22 INTERNATIONAL DEVELOPMENT

23 For necessary expenses to carry out the provisions

24 of section 667, Ω23æ$517,500,000 $517,800,000Ω24æ:–

25 Provided, That of this amount not more than $900,000

26 may be made available to pay for printing costs.
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1 OPERATING EXPENSES OF THE AGENCY FOR INTER2 NATIONAL DEVELOPMENT OFFICE OF INSPECTOR

3 GENERAL

4 For necessary expenses to carry out the provisions

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

6 for the Office of the Inspector General of the Agency for

7 International Development.

8 ECONOMIC SUPPORT FUND

9 For necessary expenses to carry out the provisions

10 of chapter 4 of part II, Ω25æ$2,339,000,000

11 $2,359,200,000, to remain available until September 30,

12 1996Ω26æ:–Provided, That any funds appropriated under

13 this heading that are made available for Israel shall be

14 made available on a grant basis as a cash transfer and

15 shall be disbursed within thirty days of enactment of this

16 Act or by October 31, 1994, whichever is later: Provided

17 further, That any funds appropriated under this heading

18 that are made available for Egypt shall be provided on

19 a grant basis, of which sum cash transfer assistance may

20 be provided with the understanding that Egypt will under21 take significant economic reforms which are additional to

22 those which were undertaken in previous fiscal years: Pro23 vided, That of the funds appropriated under this heading,

24 not less than $1,200,000,000 shall be available only for Is25 rael, which sum shall be available on a grant basis as a

26 cash transfer and shall be disbursed within thirty days of
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1 enactment of this Act or by October 31, 1994, whichever

2 is later: Provided further, That not less than $815,000,000

3 shall be available only for Egypt, which sum shall be pro4 vided on a grant basis, and of which sum cash transfer as5 sistance may be provided, with the understanding that

6 Egypt will undertake significant economic reforms which

7 are additional to those which were undertaken in previous

8 fiscal years, and of which not less than $200,000,000 shall

9 be provided as Commodity Import Program assistance:

10 Provided further, That in exercising the authority to pro11 vide cash transfer assistance for Israel and Egypt, the

12 President shall ensure that the level of such assistance

13 does not cause an adverse impact on the total level of non14 military exports from the United States to each such coun15 try: Provided further, That it is the sense of the Congress

16 that the recommended levels of assistance for Egypt and

17 Israel are based in great measure upon their continued

18 participation in the Camp David Accords and upon the

19 Egyptian-Israeli peace treaty: Provided further, That none

20 of the funds appropriated under this heading shall be

21 made available for Zaire:Ω27æ: Provided further, That not

22 more than $50,000,000 of the funds appropriated under this

23 heading may be made available to finance tied-aid credits,

24 unless the President determines it is in the national interest

25 to provide in excess of $50,000,000 and so notifies the Com-
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1 mittees on Appropriations through the regular notification

2 procedures of the Committees on Appropriations: Provided

3 further, That none of the funds made available or limited

4 by this Act may be used for tied-aid credits or tied-aid

5 grants except through the regular notification procedures of

6 the Committees on Appropriations: Provided further, That

7 none of the funds appropriated by this Act to carry out

8 the provisions of chapters 1 and 10 of part I of the Foreign

9 Assistance Act of 1961 may be used for tied-aid credits: Pro10 vided further, That as used in this heading the term ‘‘tied11 aid credits’’ means any credit, within the meaning of sec12 tion 15(h)(1) of the Export-Import Bank Act of 1945, which

13 is used for blended or parallel financing, as those terms are

14 defined by sections 15(h) (4) and (5), respectively, of such

15 ActΩ28æ: Provided further, That not less than $15,000,000

16 of the funds appropriated under this heading shall be made

17 available for Cyprus to be used only for scholarships,

18 bicommunal projects, and measures aimed at the reunifica19 tion of the island and designed to reduce tensions, and pro20 mote peace and cooperation between the two communities

21 on CyprusΩ29æ: Provided further, That not less than

22 $7,000,000 of the funds appropriated under this heading

23 shall be available only for the Middle East Regional Co24 operation Program.
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1 INTERNATIONAL FUND FOR IRELAND

2 For necessary expenses to carry out the provisions

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

4 Ω30æ$19,600,000 $15,000,000, which shall be available for

5 the United States contribution to the International Fund

6 for Ireland and shall be made available in accordance with

7 the provisions of the Anglo-Irish Agreement Support Act

8 of 1986 (Public Law 99–415): Provided, That such

9 amount shall be expended at the minimum rate necessary

10 to make timely payment for projects and activities: Pro11 vided further, That funds made available under this head12 ing shall remain available until expended.

13 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

14 STATES

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

16 of the Foreign Assistance Act of 1961 and the Support

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

18 Ω31æ$360,000,000 $359,000,000, to remain available until

19 expended, which shall be available, notwithstanding any

20 other provision of law, for economic assistance Ω32æand

21 for related programs for Eastern Europe and the Baltic

22 States.

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

24 appropriations Acts that are or have been made available

25 for an Enterprise Fund may be deposited by such Fund

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

2 retain for such program purposes any interest earned on

3 such deposits without returning such interest to the Treas4 ury of the United States and without further appropria5 tion by the Congress. Funds made available for Enterprise

6 Funds shall be expended at the minimum rate necessary

7 to make timely payment for projects and activities.

8 (c) Funds appropriated under this heading shall be

9 considered to be economic assistance under the Foreign

10 Assistance Act of 1961 for purposes of making available

11 the administrative authorities contained in that Act for

12 the use of economic assistance.

13 ASSISTANCE FOR THE NEW INDEPENDENT STATES OF

14 THE FORMER SOVIET UNION

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

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

17 1961 and the FREEDOM Support Act, for assistance for

18 the new independent states of the former Soviet Union

19 and for related programs, Ω33æ$875,500,000

20 $839,000,000, to remain available until expended: Pro21 vided, That the provisions of 498B(j) of the Foreign As22 sistance Act of 1961 shall apply to funds appropriated by

23 this paragraphΩ34æ: Provided further, That the President

24 may transfer such funds allocated to the Russian Federa25 tion to appropriations available to the Department of De26 fense and other agencies of the United States Government
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1 for the purposes of cooperative threat reduction and coun2 tering the proliferation of weapons of mass destruction

3 under the provisions of title XII of Public Law 103–160

4 and section 575 of Public Law 103–87: Provided further,

5 That the amounts transferred shall be available subject to

6 the same terms and conditions as the appropriations to

7 which transferred: Provided further, That the authority to

8 make transfers pursuant to this provision is in addition

9 to any other transfer authority of the President: Provided

10 further, That the total amount of any transfer authority

11 utilized shall not exceed the amount transferred by the De12 partment of Defense to the Department of State and other

13 agencies under title VI of Public Law 103–87.

14 (b) None of the funds appropriated under this head15 ing shall be transferred to the Government of Russia—

16 (1) unless that Government is making progress

17 in implementing comprehensive economic reforms

18 based on market principles, private ownership, nego19 tiating repayment of commercial debt, respect for

20 commercial contracts, and equitable treatment of

21 foreign private investment; and

22 (2) if that Government applies or transfers

23 United States assistance to any entity for the pur24 pose of expropriating or seizing ownership or control

25 of assets, investments, or ventures.
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1 (c) Funds may be furnished without regard to sub2 section (b) if the President determines that to do so is

3 in the national interest.

4 (d) None of the funds appropriated under this head5 ing shall be made available to any government of the new

6 independent states of the former Soviet Union if that gov7 ernment directs any action in violation of the territorial

8 integrity or national sovereignty of any other new inde9 pendent state, such as those violations included in Prin10 ciple Six of the Helsinki Final Act: Provided, That such

11 funds may be made available without regard to the restric12 tion in this subsection if the President determines that

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

14 Provided further, That the restriction of this subsection

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

16 of assistance for purposes of humanitarian, disaster and

17 refugee reliefΩ35æ:–Provided further, That thirty days

18 after the date of enactment of this Act, and then annually

19 thereafter, the Secretary of State shall report to the Com20 mittees on Appropriations on steps taken by the govern21 ments of the new independent states concerning violations

22 referred to in this subsection: Provided further, That in

23 preparing this report the Secretary shall consult with the

24 United States Representative to the Conference on Secu25 rity and Cooperation in Europe.
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1 (e) None of the funds appropriated under this head2 ing for the new independent states of the former Soviet

3 Union shall be made available for any state to enhance

4 its military capability: Provided, That this restriction does

5 not apply to demilitarization, defense conversion or non6 proliferation programs, or programs to support troop

7 withdrawal including through the support of an officer re8 settlement program, and technical assistance for the hous9 ing sector.

10 (f) Funds appropriated under this heading shall be

11 subject to the regular Ω36æreprogramming notification

12 procedures of the Committees on Appropriations.

13 Ω37æ(g) Funds made available in this Act for assist14 ance to the New Independent States of the former Soviet

15 Union shall be subject to the provisions of section 117 (relat16 ing to environment and natural resources) of the Foreign

17 Assistance Act of 1961.

18 Ω38æ(g) (h) Funds appropriated under this heading

19 may be made available for assistance for Mongolia.

20 Ω39æ(h) (i) Funds made available in this Act for as21 sistance to the new independent states of the former So22 viet Union shall be provided to the maximum extent fea23 sible through the private sector, including private vol24 untary organizations and nongovernmental organizations

25 functioning in the new independent states.
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1 Ω40æ(j) Of the funds appropriated under this heading,

2 $15,000,000 shall be available only for a family planning

3 program for the new independent states of the former Soviet

4 Union comparable to the family planning program cur5 rently administered by the Agency for International Devel6 opment in the Central Asian Republics and focusing on

7 population assistance which provides an alternative to

8 abortion: Provided, That of such amount, $6,000,000 shall

9 be available only for such a family planning program in

10 Russia, $3,000,000 shall be available only for such a family

11 planning program in Ukraine, Moldova, and Belarus, and

12 $6,000,000 shall be available only for such a family plan13 ning program in the Central Asian Republics.

14 Ω41æ(k) Of the funds appropriated under this heading,

15 not less than $150,000,000 shall be available for programs

16 for Ukraine: Provided, That of these funds not less than

17 $25,000,000 shall be made available for land privatization

18 activities and development of small and medium size busi19 nesses, including agriculture enterprises.

20 Ω42æ(l) Not less than $75,000,000 of the funds appro21 priated under this heading shall be available for programs

22 and activities for Armenia.

23 Ω43æ(m) Not less than $50,000,000 of the funds appro24 priated under this heading shall be made available for pro25 grams for Georgia.
26

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1 Ω44æ(n) Not less than $5,000,000 of the funds appro2 priated under this heading shall be made available for the

3 capitalization of a Trans-Caucasus Enterprise Fund.

4 Ω45æ(o) Every 180 days, the Administrator for the

5 Agency for International Development shall provide the

6 Committees on Appropriations with a report listing grants

7 and contracts issued from funds under this heading includ8 ing the type, amount and country where assistance is ex9 pended.

10 Ω46æ(p) Not less than $15,000,000 of the funds appro11 priated under this heading shall be spent to support and

12 expand the hospital partnerships program conducted

13 throughout the NIS.

14 Ω47æ(q) Of the programs funded under this heading,

15 it is the sense of the Senate that a volunteer United States

16 Tech Corps should be funded for the purpose of providing

17 technical assistance to the new independent states of the

18 former Soviet Union, particularly in the refrigeration of

19 perishable commodities.

20 Ω48æ(r) Not less than $50,000,000 of the funds appro21 priated under this heading shall be made available for pro22 grams and activities which match United States private

23 sector resources with Federal funds.

24 Ω49æ(s) Within sixty days of enactment of this Act,

25 the Administrator of the Agency for International Develop-
27

•HR 4426 PP

1 ment shall report to the Committees on Appropriations con2 cerning the feasibility of developing an outreach program

3 which would make grants to partnerships between Amer4 ican communities and organizations with cultural and eth5 nic ties to the new independent states and their counter6 parts in the new independent states.

7 Ω50æ(t) Of the funds appropriated for the New Inde8 pendent States of the former Soviet Union and Eastern Eu9 rope, not to exceed $15,000,000, shall be made available to

10 the Federal Bureau of Investigation for transnational and

11 international law enforcement cooperation with the New

12 Independent States of the former Soviet Union and the

13 emerging democracies of Eastern Europe to combat orga14 nized crime.

15 Ω51æ(u) Not less than $15,000,000 of the funds appro16 priated under this heading shall be made available to the

17 International Criminal Investigative Training Assistance

18 Program (ICITAP) to undertake a police development and

19 training program to assist in institutional reforms and im20 prove the professional capabilities of Russian police agen21 cies: Provided, That funds made available shall be used to

22 support the following activities:

23 (1) develop and professionalize the criminal jus24 tice agencies;
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•HR 4426 PP

1 (2) improve criminal investigative and forensic

2 capabilities;

3 (3) establish institutional training capabilities

4 based on democratic principles of policing, and re5 spect for human rights and the rule of law;

6 (4) improve accountability of law enforcement

7 agencies by introducing systems and procedures for

8 investigating allegations of abuse or malfeasance.

9 Ω52æ(v) Of the funds appropriated under this heading,

10 not less than 50 percent shall be made available for country

11 specific activities within bilateral, regional, or multilateral

12 programs, except as provided through the regular notifica13 tion procedures of the Committee on Appropriations.

14 INDEPENDENT AGENCIES

15 AFRICAN DEVELOPMENT FOUNDATION

16 For necessary expenses to carry out the provisions

17 of title V of the International Security and Development

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

19 make such contracts and commitments without regard to

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

21 31, United States Code, $16,905,000: Provided, That,

22 when, with the permission of the President of the Founda23 tion, funds made available to a grantee under this heading

24 are invested pending disbursement, the resulting interest

25 is not required to be deposited in the United States Treas-
29

•HR 4426 PP

1 ury if the grantee uses the resulting interest for the pur2 pose for which the grant was made: Provided further, That

3 this provision applies with respect to both interest earned

4 before and interest earned after the enactment of this pro5 vision: Provided further, That notwithstanding section

6 505(a)(2) of the African Development Foundation Act, in

7 exceptional circumstances the board of directors of the

8 Foundation may waive the dollar limitation contained in

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

10 That the Foundation shall provide a report to the Com11 mittees on Appropriations after each time such waiver au12 thority is exercised.

13 INTER-AMERICAN FOUNDATION

14 For expenses necessary to carry out the functions of

15 the Inter-American Foundation in accordance with the

16 provisions of section 401 of the Foreign Assistance Act

17 of 1969, and to make such contracts and commitments

18 without regard to fiscal year limitations, as provided by

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

20 PEACE CORPS

21 For expenses necessary to carry out the provisions

22 of the Peace Corps Act (75 Stat. 612), Ω53æ$219,745,000

23 $221,745,000, including the purchase of not to exceed five

24 passenger motor vehicles for administrative purposes for

25 use outside of the United States: Provided, That none of

26 the funds appropriated under this heading shall be used
30

•HR 4426 PP

1 to pay for abortions: Provided further, That funds appro2 priated under this heading shall remain available until

3 September 30, 1996.

4 DEPARTMENT OF STATE

5 INTERNATIONAL NARCOTICS CONTROL

6 For necessary expenses to carry out the provisions

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

8 Ω54æ$115,000,000 $100,000,000Ω55æ: Provided, That

9 during fiscal year 1995, the Department of State may also

10 use the authority of section 608 of the Foreign Assistance

11 Act of 1961, without regard to its restrictions, to receive

12 non-lethal excess property from an agency of the United

13 States Government for the purpose of providing it to a for14 eign country under chapter 8 of part I of that Act subject

15 to the regular notification procedures of the Committees on

16 Appropriations: Provided further, That notwithstanding

17 sections 489A and 490A of the Foreign Assistance Act of

18 1961 and any reference in any provision of law to such

19 sections, and notwithstanding section 6(a) of the Inter20 national Narcotics Control Act of 1992, the provisions of

21 sections 489 and 490 of the Foreign Assistance Act of 1961

22 shall apply during fiscal year 1995.

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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•HR 4426 PP

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, Ω56æ$670,688,000 $671,000,000:

10 Provided, That not more than $11,500,000 of the funds

11 appropriated under this heading shall be available for the

12 administrative expenses of the Office of Refugee Programs

13 of the Department of StateΩ57æ: Provided further, That

14 not less than $80,000,000 shall be made available for refu15 gees from the former Soviet Union and Eastern Europe and

16 other refugees resettling in Israel.

17 Ω58æREFUGEE RESETTLEMENT ASSISTANCE

18 For necessary expenses for the targeted assistance

19 program authorized by title IV of the Immigration and

20 Nationality Act and section 501 of the Refugee Education

21 Assistance Act of 1980 and administered by the Office of

22 Refugee Resettlement of the Department of Health and

23 Human Services, in addition to amounts otherwise avail24 able for such purposes, $12,000,000.
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1 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

2 ASSISTANCE FUND

3 For necessary expenses to carry out the provisions

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

5 Act of 1962, as amended (22 U.S.C. 260(c)),

6 $50,000,000, to remain available until expended: Pro7 vided, That the funds made available under this heading

8 are appropriated notwithstanding the provisions contained

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

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

11 could be appropriated for this purpose.

12 ANTI-TERRORISM ASSISTANCE

13 For necessary expenses to carry out the provisions

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

15 1961, $15,244,000.

16 NONPROLIFERATION AND DISARMAMENT FUND

17 For necessary expenses for a ‘‘Nonproliferation and

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

19 until expended, to promote bilateral and multilateral ac20 tivities: Provided, That such funds may be used pursuant

21 to the authorities contained in section 504 of the FREE22 DOM Support Act: Provided further, That such funds may

23 also be used for such countries other than the new inde24 pendent states of the former Soviet Union and inter25 national organizations when it is in the national security

26 interest of the United States to do so: Provided further,
33

•HR 4426 PP

1 That funds appropriated under this heading may be made

2 available notwithstanding any other provision of law: Pro3 vided further, That funds appropriated under this heading

4 shall be subject to the regular notification procedures of

5 the Committees on Appropriations.

6 TITLE III—MILITARY ASSISTANCE

7 FUNDS APPROPRIATED TO THE PRESIDENT

8 INTERNATIONAL MILITARY EDUCATION AND TRAINING

9 For necessary expenses to carry out the provisions

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

11 $25,500,000: Provided, That up to $300,000 of the funds

12 appropriated under this heading may be made available

13 for grant financed military education and training for any

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

15 the condition that that country agrees to fund from its

16 own resources the transportation cost and living allow17 ances of its students: Provided further, That the civilian

18 personnel for whom military education and training may

19 be provided under this heading may also include members

20 of national legislatures who are responsible for the over21 sight and management of the militaryΩ59æ, and may also

22 include individuals who are not members of a government:

23 Provided further, That none of the funds appropriated

24 under this heading shall be available for Ω60æIndonesia,

25 Rwanda and ZaireΩ61æ:–Provided further, That none of
34

•HR 4426 PP

1 the funds appropriated by this Act shall be used to facili2 tate the provision of IMET to Indonesia: Provided further,

3 That a report is to be submitted to the Committees on

4 Appropriations addressing how the proposed School of the

5 Americas IMET program Ω62æfor fiscal year 1995 will

6 contribute to the promotion of human rights, respect for

7 civilian authority and the rule of law, the establishment

8 of legitimate judicial mechanisms for the military, and

9 achieving the goal of right sizing military forcesΩ63æ: Pro10 vided further, That none of the funds appropriated under

11 this heading may be made available for Thailand or Algeria

12 except through the regular notification procedures of the

13 Committees on Appropriations: Provided further, That the

14 Secretary of State shall submit, by February 1, 1995, a re15 port to the Committees on Appropriations on the Thai mili16 tary’s support for the Khmer Rouge and the Thai Govern17 ment’s efforts to impede support for Burmese democracy ad18 vocates, exiles, and refugees.

19 Ω64æMILITARY-TO-MILITARY CONTACT PROGRAM

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

21 contact program of the Department of Defense,

22 $12,000,000Ω65æ,–to: Provided, That of this amount,

23 $2,800,000 shall be made available only for activities in

24 the area of responsibility of the United States Pacific Com-
35

•HR 4426 PP

1 mand and $9,200,000 shall be made available only for ac2 tivities for East European countries and the Baltic States.

3 FOREIGN MILITARY FINANCING PROGRAM

4 For expenses necessary for grants to enable the

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

6 Arms Export Control Act, Ω66æ$3,149,279,000

7 $3,151,279,000Ω67æ:–Provided, That funds appropriated

8 by this paragraph that are made available for Israel and

9 Egypt shall be available only as grants: Provided further,

10 That the funds appropriated by this paragraph that are

11 made available for Israel shall be disbursed within thirty

12 days of enactment of this Act or by October 31, 1994,

13 whichever is later: Provided, That of the funds appro14 priated by this paragraph not less than $1,800,000,000

15 shall be available for grants only for Israel, and not less

16 than $1,300,000,000 shall be available for grants only for

17 Egypt: Provided further, That the funds appropriated by

18 this paragraph for Israel shall be disbursed within thirty

19 days of enactment of this Act or by October 31, 1994, which20 ever is later: Provided further, That to the extent that the

21 Government of Israel requests that funds be used for such

22 purposes, grants made available for Israel by this para23 graph shall, as agreed by Israel and the United States, be

24 available for advanced fighter aircraft programs or for other

25 advanced weapons systems, as follows: (1) up to

26 $150,000,000 shall be available for research and develop-
36

•HR 4426 PP

1 ment in the United States; and (2) not less than

2 $475,000,000 shall be available for the procurement in Is3 rael of defense articles and defense services, including re4 search and development: Provided further, That funds

5 made available under this paragraph shall be nonrepayable

6 notwithstanding any requirement in section 23 of the

7 Arms Export Control Act.

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

9 Budget Enforcement Act of 1990, of direct loans author10 ized by section 23 of the Arms Export Control Act as fol11 lows: cost of direct loans, $47,917,000: Provided, That

12 these funds are available to subsidize gross obligations for

13 the principal amount of direct loans of not to exceed

14 $619,650,000: Provided further, That the rate of interest

15 charged on such loans shall be not less than the current

16 average market yield on outstanding marketable obliga17 tions of the United States of comparable maturitiesΩ68æ:–

18 Provided further, That the principal amount of direct loans

19 for Greece and Turkey shall be made available according

20 to a 7 to 10 ratio: Provided further, That funds appro21 priated under this heading shall be made available for

22 Greece and Turkey only on a loan basis, and the principal

23 amount of direct loans for each country shall not exceed

24 the following: $255,150,000 only for Greece and

25 $364,500,000 only for Turkey Ω69æ:–Provided further,
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•HR 4426 PP

1 That 25 percent of the principal amount of direct loans

2 for Turkey shall be withheld until the Secretary of State,

3 in consultation with the Secretary of Defense, has submit4 ted to the Committees on Appropriations a report address5 ing, among other things, the allegations of abuses against

6 civilians by the Turkish armed forces and the situation

7 in Cyprus, and a separate notification has been submitted

8 at least 15 days prior to the obligation of such funds:–

9 Provided further, That 25 percent of the principal amount

10 of direct loans for Greece shall be withheld until the Sec11 retary of State has submitted to the Committees on Ap12 propriations a report on the allegations of Greek violations

13 of the United Nations sanctions against Serbia and of the

14 United Nations Charter, and a separate notification has

15 been submitted at least 15 days prior to the obligation

16 of such funds: Provided further, That any agreement for

17 the sale or provision of any defense article on the United

18 States Munitions List (established pursuant to section 38

19 of the Arms Export Control Act) to Turkey utilizing funds

20 made available under this heading that is entered into by

21 the United States during fiscal year 1995 shall expressly

22 state that the article will not be used in violation of inter23 national law, and any grant of any excess defense article

24 under the Foreign Assistance Act of 1961 during fiscal year

25 1995 shall be subject to the same condition: Provided fur-
38

•HR 4426 PP

1 ther, That in any case in which a report to the Congress

2 is required under section 3(c)(2) of the Arms Export Con3 trol Act regarding such a violation, such report shall also

4 be submitted to the Committees on Appropriations: Pro5 vided further, That the Secretary of State, in consultation

6 with the Secretary of Defense, shall submit a report to the

7 Committees on Appropriations by February 1, 1995, de8 scribing how United States assistance to Greece is promot9 ing respect for principles and obligations under the United

10 Nations sanctions against Serbia, the United Nations Char11 ter and the Helsinki Accords.

12 None of the funds made available under this heading

13 shall be available to finance the procurement of defense

14 articles, defense services, or design and construction serv15 ices that are not sold by the United States Government

16 under the Arms Export Control Act unless the foreign

17 country proposing to make such procurements has first

18 signed an agreement with the United States Government

19 specifying the conditions under which such procurements

20 may be financed with such funds: Provided, That all coun21 try and funding level increases in allocations shall be sub22 mitted through the regular notification procedures of sec23 tion 515 of this Act: Provided further, That funds made

24 available under this heading shall be obligated upon appor25 tionment in accordance with paragraph (5)(C) of title 31,
39

•HR 4426 PP

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

2 That none of the funds appropriated under this heading

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

4 Ω70æPeru, and Malawi and Peru: Provided further, That

5 none of the funds appropriated under this heading may

6 be made available for Colombia or Bolivia until the Sec7 retary of State Ω71æcertifies determines and reports that

8 such funds will be used by such country primarily for

9 counternarcotics activitiesΩ72æ: Provided further, That

10 funds made available under this heading may be used, not11 withstanding any other provision of law, for demining ac12 tivities, and may include activities implemented through

13 nongovernmental and international organizations: Pro14 vided further, That not more than $100,000,000 of the

15 funds made available under this heading shall be available

16 for use in financing the procurement of defense articles,

17 defense services, or design and construction services that

18 are not sold by the United States Government under the

19 Arms Export Control Act to countries other than Israel

20 and Egypt: Provided further, That only those countries for

21 which assistance was justified for the ‘‘Foreign Military

22 Sales Financing Program’’ in the fiscal year 1989 con23 gressional presentation for security assistance programs

24 may utilize funds made available under this heading for

25 procurement of defense articles, defense services or design
40

•HR 4426 PP

1 and construction services that are not sold by the United

2 States Government under the Arms Export Control Act:

3 Provided further, That, subject to the regular notification

4 procedures of the Committees on Appropriations, funds

5 made available under this heading for the cost of direct

6 loans may also be used to supplement the funds available

7 under this heading for necessary expenses for grants if

8 countries specified under this heading as eligible for such

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

10 That funds appropriated under this heading shall be ex11 pended at the minimum rate necessary to make timely

12 payment for defense articles and services: Provided fur13 ther, That the Department of Defense shall conduct dur14 ing the current fiscal year nonreimbursable audits of pri15 vate firms whose contracts are made directly with foreign

16 governments and are financed with funds made available

17 under this heading (as well as subcontractors thereunder)

18 as requested by the Defense Security Assistance Agency:

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

20 funds appropriated under this heading may be obligated

21 for necessary expenses, including the purchase of pas22 senger motor vehicles for replacement only for use outside

23 of the United States, for the general costs of administer24 ing military assistance and sales: Provided further, That

25 not more than $335,000,000 of funds realized pursuant
41

•HR 4426 PP

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

2 may be obligated for expenses incurred by the Department

3 of Defense during Ω73æthe fiscal year 1994 fiscal year

4 1995 pursuant to section 43(b) of the Arms Export Con5 trol Act, except that this limitation may be exceeded only

6 through the regular notification procedures of the Com7 mittees on Appropriations: Provided further, That none of

8 the funds appropriated under this heading, and no em9 ployee of the Defense Security Assistance Agency, may be

10 used to facilitate the transport of aircraft to commercial

11 arms sales shows.

12 Ω74æSPECIAL DEFENSE ACQUISITION FUND

13 Notwithstanding any provision of Public Law 102–

14 391 as amended by Public Law 103–87, not to exceed

15 $140,000,000 of the obligational authority provided in that

16 Act under the heading ‘‘Special Defense Acquisition Fund’’

17 may be obligated pursuant to section 51(c)(2) of the Arms

18 Export Control Act.

19 Not to exceed $20,000,000 may be obligated pursuant

20 to section 51(c)(2) of the Arms Export Control Act for the

21 purposes of closing the Special Defense Acquisition Fund,

22 to remain available for obligation until September 30,

23 1998: Provided, That the authority provided in this Act is

24 not used to initiate new procurements.
42

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1 PEACEKEEPING OPERATIONS

2 Ω75æ(INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses to carry out the provisions

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

5 $75,000,000Ω76æ: Provided, That of this amount up to

6 $850,000 may be transferred to, and merged with, funds

7 appropriated under the heading ‘‘International Military

8 Education and Training’’ to carry out the provisions of sec9 tion 541 of the Act: Provided further, That funds trans10 ferred under the previous proviso shall be in addition to

11 amounts that may be transferred between accounts under

12 the authority of any other provision of law.

13 TITLE IV—EXPORT ASSISTANCE

14 EXPORT-IMPORT BANK OF THE UNITED STATES

15 The Export-Import Bank of the United States is au16 thorized to make such expenditures within the limits of

17 funds and borrowing authority available to such corpora18 tion, and in accordance with law, and to make such con19 tracts and commitments without regard to fiscal year limi20 tations, as provided by section 104 of the Government

21 Corporation Control Act, as may be necessary in carrying

22 out the program for the current fiscal year for such cor23 poration: Provided, That none of the funds available dur24 ing the current fiscal year may be used to make expendi25 tures, contracts, or commitments for the export of nuclear
43

•HR 4426 PP

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

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

3 Treaty on the Non-Proliferation of Nuclear Weapons eligi4 ble to receive economic or military assistance under this

5 Act that has detonated a nuclear explosive after the date

6 of enactment of this Act.

7 SUBSIDY APPROPRIATION

8 For the cost of direct loans, loan guarantees, insur9 ance, and tied-aid grants as authorized by section 10 of

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

11 Ω77æ$792,653,000 $786,551,000 to remain available until

12 September 30, 1996: Provided, That such costs, including

13 the cost of modifying such loans, shall be as defined in

14 section 502 of the Congressional Budget Act of 1974Ω78æ:

15 Provided further, That these funds are available to sub16 sidize gross obligations for the principal amount of direct

17 loans, and tied-aid grants, and total loan principal, any

18 part of which is to be guaranteed, including insurance, of

19 not to exceed $19,000,000,000: Provided further, That

20 such sums shall remain available until 2010 for the dis21 bursement of direct loans, loan guarantees, insurance and

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

23 Provided further, That up to $100,000,000 of funds ap24 propriated by this paragraph shall remain available until

25 expended and may be used for tied-aid grant purposes:

26 Provided further, That none of the funds appropriated by
44

•HR 4426 PP

1 this paragraph may be used for tied-aid credits or grants

2 except through the regular notification procedures of the

3 Committees on Appropriations: Provided further, That

4 funds appropriated by this paragraph are made available

5 notwithstanding section 2(b)(2) of the Export-Import

6 Bank Act of 1945, in connection with the purchase or

7 lease of any product by any East European country, any

8 Baltic State, or any agency or national thereof.

9 ADMINISTRATIVE EXPENSES

10 For administrative expenses to carry out the direct

11 and guaranteed loan and insurance programs (to be com12 puted on an accrual basis), including hire of passenger

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

14 3109, and not to exceed $20,000 for official reception and

15 representation expenses for members of the Board of Di16 rectors, Ω79æ$44,550,000 $45,228,000: Provided, That

17 necessary expenses (including special services performed

18 on a contract or fee basis, but not including other personal

19 services) in connection with the collection of moneys owed

20 the Export-Import Bank, repossession or sale of pledged

21 collateral or other assets acquired by the Export-Import

22 Bank in satisfaction of moneys owed the Export-Import

23 Bank, or the investigation or appraisal of any property,

24 or the evaluation of the legal or technical aspects of any

25 transaction for which an application for a loan, guarantee

26 or insurance commitment has been made, shall be consid-
45

•HR 4426 PP

1 ered nonadministrative expenses for the purposes of this

2 headingΩ80æ: Provided further, That, notwithstanding sub3 section (b) of section 117 of the Export Enhancement Act

4 of 1992, subsection (a) thereof shall remain in effect until

5 October 1, 1995.

6 OVERSEAS PRIVATE INVESTMENT CORPORATION

7 PROGRAM ACCOUNT

8 Ω81æFor the subsidy cost as defined in section 13201

9 of the Budget Enforcement Act of 1990, of direct and

10 guaranteed loans authorized by section 234 of the Foreign

11 Assistance Act of 1961, as follows: cost of direct and guar12 anteed loans, $23,296,000. In addition, for administrative

13 expenses to carry out the direct and guaranteed loan pro14 grams, $7,933,000: Provided, That the funds provided in

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

16 direct loan obligations and loan guaranty commitments in17 curred or made during the period from October 1, 1994

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

19 sums are to remain available through fiscal year 2003 for

20 the disbursement of direct and guaranteed loans obligated

21 in fiscal year 1995, and through 2004 for the disburse22 ment of direct and guaranteed loans obligated in fiscal

23 year 1996.

24 The Overseas Private Investment Corporation is au25 thorized to make, without regard to fiscal year limitations,

26 as provided by 31 U.S.C. 9104, such noncredit expendi-
46

•HR 4426 PP

1 tures and commitments within the limits of funds available

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

3 official reception and representation expenses which shall

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

5 NONCREDIT ACCOUNT

6 The Overseas Private Investment Corporation is au7 thorized to make, without regard to fiscal year limitations,

8 as provided by 31 U.S.C. 9104, such expenditures and com9 mitments within the limits of funds available to it and in

10 accordance with law as may be necessary: Provided, That

11 the amount available for administrative expenses to carry

12 out the credit and insurance programs (including an

13 amount for official reception and representation expenses

14 which shall not exceed $35,000) shall not exceed

15 $24,322,000: Provided further, That project-specific trans16 action costs, including direct and indirect costs incurred

17 in claims settlements, and other direct costs associated with

18 services provided to specific investors or potential investors

19 pursuant to section 234 of the Foreign Assistance Act of

20 1961 shall not be considered administrative expenses for the

21 purposes of this heading.

22 PROGRAM ACCOUNT

23 For the cost of direct and guaranteed loans,

24 $34,944,000, as authorized by section 234 of the Foreign

25 Assistance Act of 1961, to be derived by transfer from the

26 Overseas Private Investment Corporation Noncredit Ac-
47

•HR 4426 PP

1 count: Provided, That such costs, including the cost of modi2 fying such loans, shall be as defined in section 502 of the

3 Congressional Budget Act of 1974: Provided further, That

4 not less than $24,944,000 of such subsidy shall be available

5 for direct loan obligations and loan guaranty commitments

6 incurred or made during fiscal years 1995 and 1996, and

7 the remainder of such subsidy shall be available for such

8 purposes without fiscal year limitation: Provided further,

9 That such sums that are made available during fiscal years

10 1995 and 1996 shall remain available through fiscal year

11 2003 for the disbursement of direct and guaranteed loans

12 obligated in fiscal year 1995, and through 2004 for the dis13 bursement of direct and guaranteed loans obligated in fiscal

14 year 1996: Provided further, That such sums that are obli15 gated after fiscal year 1996 shall remain available for the

16 disbursement of direct and guaranteed loans through the

17 end of the eighth fiscal year after the fiscal year in which

18 such sums were obligated. In addition, such sums as may

19 be necessary for administrative expenses to carry out the

20 credit program may be derived from amounts available for

21 administrative expenses to carry out the credit and insur22 ance programs in the Overseas Private Investment Corpora23 tion Noncredit Account and merged with said account.
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1 FUNDS APPROPRIATED TO THE PRESIDENT

2 TRADE AND DEVELOPMENT AGENCY

3 For necessary expenses to carry out the provisions

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

5 $44,986,000.

6 TITLE V—GENERAL PROVISIONS

7 OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

8 SEC. 501. Except for the appropriations entitled

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

10 Emergency Refugee and Migration Assistance Fund’’, not

11 more than 15 per centum of any appropriation item made

12 available by this Act shall be obligated during the last

13 month of availability.

14 PROHIBITION OF BILATERAL FUNDING FOR

15 INTERNATIONAL FINANCIAL INSTITUTIONS

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

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

18 209(d) of the Foreign Assistance Act of 1961.

19 LIMITATION ON RESIDENCE EXPENSES

20 SEC. 503. Of the funds appropriated or made avail21 able pursuant to this Act, not to exceed $126,500 shall

22 be for official residence expenses of the Agency for Inter23 national Development during the current fiscal year: Pro24 vided, That appropriate steps shall be taken to assure

25 that, to the maximum extent possible, United States26 owned foreign currencies are utilized in lieu of dollars.
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1 LIMITATION ON EXPENSES

2 SEC. 504. Of the funds appropriated or made avail3 able pursuant to this Act, not to exceed $5,000 shall be

4 for entertainment expenses of the Agency for International

5 Development during the current fiscal year.

6 LIMITATION ON REPRESENTATIONAL ALLOWANCES

7 SEC. 505. Of the funds appropriated or made avail8 able pursuant to this Act, not to exceed $95,000 shall be

9 available for representation allowances for the Agency for

10 International Development during the current fiscal year:

11 Provided, That appropriate steps shall be taken to assure

12 that, to the maximum extent possible, United States13 owned foreign currencies are utilized in lieu of dollars:

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

15 Act for general costs of administering military assistance

16 and sales under the heading ‘‘Foreign Military Financing

17 Program’’, not to exceed $2,000 shall be available for en18 tertainment expenses and not to exceed $50,000 shall be

19 available for representation allowances: Provided further,

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

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

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

23 allowances: Provided further, That of the funds made

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

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

26 and representation allowances: Provided further, That of
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1 the funds made available by this Act for the Peace Corps,

2 not to exceed a total of $4,000 shall be available for enter3 tainment expenses: Provided further, That of the funds

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

5 Development Agency’’, not to exceed $2,000 shall be avail6 able for representation and entertainment allowances.

7 PROHIBITION ON FINANCING NUCLEAR GOODS

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

9 available (other than funds for ‘‘International Organiza10 tions and Programs’’) pursuant to this Act, for carrying

11 out the Foreign Assistance Act of 1961, may be used, ex12 cept for purposes of nuclear safety, to finance the export

13 of nuclear equipment, fuel, or technology.

14 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

15 COUNTRIES

16 SEC. 507. None of the funds appropriated or other17 wise made available pursuant to this Act shall be obligated

18 or expended to finance directly any assistance or repara19 tions to Cuba, Iraq, Libya, Ω82æthe Socialist Republic of

20 Vietnam, Iran, Serbia, Sudan, or Syria: Provided, That

21 for purposes of this section, the prohibition on obligations

22 or expenditures shall include direct loans, credits, insur23 ance and guarantees of the Export-Import Bank or its

24 agents.
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1 MILITARY COUPS

2 SEC. 508. None of the funds appropriated or other3 wise made available pursuant to this Act shall be obligated

4 or expended to finance directly any assistance to any coun5 try whose duly elected Head of Government is deposed by

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

7 resumed to such country if the President determines and

8 reports to the Committees on Appropriations that subse9 quent to the termination of assistance a democratically

10 elected government has taken office.

11 TRANSFERS BETWEEN ACCOUNTS

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

13 Act may be obligated under an appropriation account to

14 which they were not appropriated, unless the President,

15 prior to the exercise of any authority contained in the For16 eign Assistance Act of 1961 to transfer funds, consults

17 with and provides a written policy justification to the

18 Committees on Appropriations of the House of Represent19 atives and the Senate: Provided, That the exercise of such

20 authority shall be subject to the regular notification proce21 dures of the Committees on Appropriations.

22 DEOBLIGATION/REOBLIGATION AUTHORITY

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

24 1311 of the Supplemental Appropriations Act, 1955, as

25 having been obligated against appropriations heretofore

26 made under the authority of the Foreign Assistance Act
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1 of 1961 for the same general purpose as any of the head2 ings under the ‘‘Agency for International Development’’

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

4 period as the respective appropriations under such head5 ings or until September 30, 1995, whichever is later, and

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

7 same region as originally obligated: Provided, That the

8 Appropriations Committees of both Houses of the Con9 gress are notified fifteen days in advance of the

10 deobligation and reobligation of such funds in accordance

11 with regular notification procedures of the Committees on

12 Appropriations.

13 (b) Obligated balances of funds appropriated to carry

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

15 end of the fiscal year immediately preceding the current

16 fiscal year are, if deobligated, hereby continued available

17 during the current fiscal year for the same purpose under

18 any authority applicable to such appropriations under this

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

20 not be used in fiscal year 1995.

21 AVAILABILITY OF FUNDS

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

23 this Act shall remain available for obligation after the ex24 piration of the current fiscal year unless expressly so pro25 vided in this Act: Provided, That funds appropriated for

26 the purposes of chapters 1 and 8 of part I, section 667,
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1 and chapter 4 of part II of the Foreign Assistance Act

2 of 1961, as amended, shall remain available until ex3 pended if such funds are initially obligated before the expi4 ration of their respective periods of availability contained

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

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

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

8 II of the Foreign Assistance Act of 1961 which are allo9 cated or obligated for cash disbursements in order to ad10 dress balance of payments or economic policy reform ob11 jectives, shall remain available until expended: Provided

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

13 Foreign Assistance Act of 1961 shall designate for each

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

15 of such report, those funds allocated for cash disburse16 ment for balance of payment and economic policy reform

17 purposes.

18 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

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

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

21 which is in default during a period in excess of one cal22 endar year in payment to the United States of principal

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

24 United States pursuant to a program for which funds are

25 appropriated under this Act: Provided, That this section

26 and section 620(q) of the Foreign Assistance Act of 1961
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1 shall not apply to funds made available in this Act or dur2 ing the current fiscal year for Nicaragua, and for any nar3 cotics-related assistance for Colombia, Bolivia, and Peru

4 authorized by the Foreign Assistance Act of 1961 or the

5 Arms Export Control Act.

6 COMMERCE AND TRADE

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

8 made available pursuant to this Act for direct assistance

9 and none of the funds otherwise made available pursuant

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

11 Private Investment Corporation shall be obligated or ex12 pended to finance any loan, any assistance or any other

13 financial commitments for establishing or expanding pro14 duction of any commodity for export by any country other

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

16 in surplus on world markets at the time the resulting pro17 ductive capacity is expected to become operative and if the

18 assistance will cause substantial injury to United States

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

20 Provided, That such prohibition shall not apply to the Ex21 port-Import Bank if in the judgment of its Board of Direc22 tors the benefits to industry and employment in the

23 United States are likely to outweigh the injury to United

24 States producers of the same, similar, or competing com25 modity.
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1 (b) None of the funds appropriated by this or any

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

3 Assistance Act of 1961 shall be available for any testing

4 or breeding feasibility study, variety improvement or intro5 duction, consultancy, publication, conference, or training

6 in connection with the growth or production in a foreign

7 country of an agricultural commodity for export which

8 would compete with a similar commodity grown or pro9 duced in the United States: Provided, That this subsection

10 shall not prohibit—

11 (1) activities designed to increase food security

12 in developing countries where such activities will not

13 have a significant impact in the export of agricul14 tural commodities of the United States; or

15 (2) research activities intended primarily to

16 benefit American producers.

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

18 Agency for International Development, other than funds

19 made available to carry out Caribbean Basin Initiative

20 programs under the Tariff Schedules of the United States,

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

22 part I, subpart B, item 807.00, shall be obligated or ex23 pended—

24 (1) to procure directly feasibility studies or

25 prefeasibility studies for, or project profiles of poten-
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1 tial investment in, the manufacture, for export to

2 the United States or to third country markets in di3 rect competition with United States exports, of im4 port-sensitive articles as defined by section 503(c)(1)

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

6 2463(c)(1) (A) and (E)); or

7 (2) to assist directly in the establishment of fa8 cilities specifically designed for the manufacture, for

9 export to the United States or to third country mar10 kets in direct competition with United States ex11 ports, of import-sensitive articles as defined in sec12 tion 503(c)(1) (A) and (E) of the Tariff Act of 1930

13 (19 U.S.C. 2463(c)(1) (A) and (E)).

14 SURPLUS COMMODITIES

15 SEC. 514. The Secretary of the Treasury shall in16 struct the United States Executive Directors of the Inter17 national Bank for Reconstruction and Development, the

18 International Development Association, the International

19 Finance Corporation, the Inter-American Development

20 Bank, the International Monetary Fund, the Asian Devel21 opment Bank, the Inter-American Investment Corpora22 tion, the European Bank for Reconstruction and Develop23 ment, the African Development Bank, and the African De24 velopment Fund to use the voice and vote of the United

25 States to oppose any assistance by these institutions,

26 using funds appropriated or made available pursuant to
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1 this Act, for the production or extraction of any commod2 ity or mineral for export, if it is in surplus on world mar3 kets and if the assistance will cause substantial injury to

4 United States producers of the same, similar, or compet5 ing commodity.

6 NOTIFICATION REQUIREMENTS

7 SEC. 515. For the purposes of providing the Execu8 tive Branch with the necessary administrative flexibility,

9 none of the funds made available under this Act for ‘‘De10 velopment Assistance Fund’’, ‘‘Population, Development

11 Assistance’’, ‘‘Development Fund for Africa’’, ‘‘Inter12 national organizations and programs’’, ‘‘Trade and Devel13 opment Agency’’, ‘‘International narcotics control’’, ‘‘As14 sistance for Eastern Europe and the Baltic States’’, ‘‘As15 sistance for the New Independent States of the Former

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

17 operations’’, ‘‘Operating expenses of the Agency for Inter18 national Development’’, ‘‘Operating expenses of the Agen19 cy for International Development Office of Inspector Gen20 eral’’, ‘‘Anti-terrorism assistance’’, ‘‘Foreign Military Fi21 nancing Program’’, ‘‘International military education and

22 training’’ Ω83æ(including the military-to-military contact

23 program), ‘‘Military-to-Military Contact Program’’,

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

25 Foundation’’, ‘‘Peace Corps’’, or ‘‘Migration and refugee

26 assistance’’, shall be available for obligation for activities,
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1 programs, projects, type of materiel assistance, countries,

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

3 justified to the Appropriations Committees for obligation

4 under any of these specific headings unless the Appropria5 tions Committees of both Houses of Congress are pre6 viously notified fifteen days in advance:Ω84æProvided, Pro7 vided, That only those activities, programs, projects, type

8 of material assistance, countries, or other operations re9 ferred to under this paragraph which have been justified

10 through Congressional Presentation documents and/or

11 budget justification documents presented in the same format

12 and in the same level of detail as provided in fiscal year

13 1993 shall be considered to be justified under the language

14 of this paragraph: Provided further, That the President

15 shall not enter into any commitment of funds appropriated

16 for the purposes of section 23 of the Arms Export Control

17 Act for the provision of major defense equipment, other

18 than conventional ammunition, or other major defense

19 items defined to be aircraft, ships, missiles, or combat ve20 hicles, not previously justified to Congress or 20 per cen21 tum in excess of the quantities justified to Congress unless

22 the Committees on Appropriations are notified fifteen

23 days in advance of such commitment: Provided further,

24 That this section shall not apply to any reprogramming

25 for an activity, program, or project under chapter 1 of
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1 part I of the Foreign Assistance Act of 1961 of less than

2 20 per centum of the amount previously justified to the

3 Congress for obligation for such activity, program, or

4 project for the current fiscal year: Provided further, That

5 the requirements of this section or any similar provision

6 of this Act requiring notification in accordance with the

7 regular notification procedures of the Committees on Ap8 propriations may be waived if failure to do so would pose

9 a substantial risk to human health or welfare: Provided

10 further, That in case of any such waiver, notification to

11 the Congress, or the appropriate congressional commit12 tees, shall be provided as early as practicable, but in no

13 event later than three days after taking the action to

14 which such notification requirement was applicable, in the

15 context of the circumstances necessitating such waiver:

16 Provided further, That any notification provided pursuant

17 to such a waiver shall contain an explanation of the emer18 gency circumstances.

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

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

21 regular notification procedures of the Committees on Ap22 propriations.

23 LIMITATION ON AVAILABILITY OF FUNDS FOR

24 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

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

26 of law or of this Act, none of the funds provided for
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1 ‘‘International Organizations and Programs’’ shall be

2 available for the United States proportionate share, in ac3 cordance with section 307(c) of the Foreign Assistance

4 Act of 1961, for any programs identified in section 307,

5 or for Libya, Iran, or, at the discretion of the President,

6 Communist countries listed in section 620(f) of the For7 eign Assistance Act of 1961, as amended: Provided, That,

8 subject to the regular notification procedures of the Com9 mittees on Appropriations, funds appropriated under this

10 Act or any previously enacted Act making appropriations

11 for foreign operations, export financing, and related pro12 grams, which are returned or not made available for orga13 nizations and programs because of the implementation of

14 this section or any similar provision of law, shall remain

15 available for obligation through September 30, 1996.

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

17 or assessed contribution—

18 (1) to any affiliated organization of the United

19 Nations which grants full membership as a state to

20 any organization or group that does not have the

21 internationally recognized attributes of statehood, or

22 (2) to the United Nations, if the United Na23 tions grants full membership as a state in the

24 United Nations to any organization or group that
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1 does not have the internationally recognized at2 tributes of statehood,

3 during any period in which such membership is effective.

4 ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL

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

6 peace process in the Middle East is vitally important to

7 United States security interests in the region. The Con8 gress recognizes that, in fulfilling its obligations under the

9 Treaty of Peace Between the Arab Republic of Egypt and

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

11 1979, Israel incurred severe economic burdens. Further12 more, the Congress recognizes that an economically and

13 militarily secure Israel serves the security interests of the

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

15 the incentive and confidence to continue pursuing the

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

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

18 funds provided in annual appropriations for the Economic

19 Support Fund which are allocated to Israel shall not be

20 less than the annual debt repayment (interest and prin21 cipal) from Israel to the United States Government in rec22 ognition that such a principle serves United States inter23 ests in the region.
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1 PROHIBITION CONCERNING ABORTIONS AND

2 INVOLUNTARY STERILIZATION

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

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

5 amended, may be used to pay for the performance of abor6 tions as a method of family planning or to motivate or

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

8 made available to carry out part I of the Foreign Assist9 ance Act of 1961, as amended, may be used to pay for

10 the performance of involuntary sterilization as a method

11 of family planning or to coerce or provide any financial

12 incentive to any person to undergo sterilizations. None of

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

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

15 for any biomedical research which relates in whole or in

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

17 involuntary sterilization as a means of family planning.

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

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

20 obligated or expended for any country or organization if

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

22 such country or organization would violate any of the

23 above provisions related to abortions and involuntary steri24 lizations. The Congress reaffirms its commitments to Pop-
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1 ulation, Development Assistance and to the need for in2 formed voluntary family planning.

3 REPORTING REQUIREMENT

4 SEC. 519. The President shall submit to the Commit5 tees on Appropriations the reports required by section

6 25(a)(1) of the Arms Export Control Act.

7 SPECIAL NOTIFICATION REQUIREMENTS

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

9 shall be obligated or expended for Colombia,

10 Ω85æDominican Republic, El Salvador, Guatemala, Haiti,

11 Indonesia, Liberia, Nicaragua, Pakistan, Peru, Rwanda,

12 Sudan, or Zaire except as provided through the regular

13 notification procedures of the Committees on Appropria14 tions: Provided, That this section shall not apply to funds

15 appropriated by this Act to carry out the provisions of

16 chapter 1 of part I of the Foreign Assistance Act of 1961

17 that are made available for El Salvador and Nicaragua.

18 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

20 project, and activity’’ shall be defined at the Appropria21 tions Act account level and shall include all Appropriations

22 and Authorizations Acts earmarks, ceilings, and limita23 tions with the exception that for the following accounts:

24 Economic Support Fund and Foreign Military Financing

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

26 considered to include country, regional, and central pro-
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1 gram level funding within each such account; for the devel2 opment assistance accounts of the Agency for Inter3 national Development ‘‘program, project, and activity’’

4 shall also be considered to include central program level

5 funding, either as (1) justified to the Congress, or (2) allo6 cated by the executive branch in accordance with a report,

7 to be provided to the Committees on Appropriations within

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

9 653(a) of the Foreign Assistance Act of 1961.

10 FAMILY PLANNING, CHILD SURVIVAL AND AIDS

11 ACTIVITIES

12 SEC. 522. Up to $8,000,000 of the funds made avail13 able by this Act for assistance for family planning, health,

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

15 United States Government agencies, agencies of State gov16 ernments, institutions of higher learning, and private and

17 voluntary organizations for the full cost of individuals (in18 cluding for the personal services of such individuals) de19 tailed or assigned to, or contracted by, as the case may

20 be, the Agency for International Development for the pur21 pose of carrying out family planning activities, child sur22 vival activities and activities relating to research on, and

23 the treatment and control of, acquired immune deficiency

24 syndrome in developing countries: Provided, That such in25 dividuals shall not be included within any personnel ceiling

26 Ω86æestablished pursuant to any provision of law or regu-
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1 lation applicable to any United States Government agency

2 during the period of detail or assignment: Provided fur3 ther, That funds appropriated by this Act that are made

4 available for child survival activities or activities relating

5 to research on, and the treatment and control of, acquired

6 immune deficiency syndrome may be made available not7 withstanding any provision of law that restricts assistance

8 to foreign countries: Provided further, That funds appro9 priated by this Act that are made available for family

10 planning activities may be made available notwithstanding

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

12 Assistance Act of 1961.

13 PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN

14 COUNTRIES

15 SEC. 523. None of the funds appropriated or other16 wise made available pursuant to this Act shall be obligated

17 to finance indirectly any assistance or reparations to

18 Cuba, Iraq, Libya, Ω87æthe Socialist Republic of Vietnam,

19 Iran, Syria, North Korea, Ω88æor the People’s Republic

20 of ChinaΩ89æ,–or Laos unless the President of the United

21 States certifies that the withholding of these funds is con22 trary to the national interest of the United States.

23 RECIPROCAL LEASING

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

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

26 lieu thereof ‘‘1995’’.
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1 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

2 SEC. 525. Prior to providing excess Department of

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

4 Foreign Assistance Act of 1961, the Department of De5 fense shall notify the Committees on Appropriations to the

6 same extent and under the same conditions as are other

7 committees pursuant to subsection (c) of that section: Pro8 vided, That before issuing a letter of offer to sell excess

9 defense articles under the Arms Export Control Act, the

10 Department of Defense shall notify the Committees on

11 Appropriations in accordance with the regular notification

12 procedures of such Committees: Provided further, That

13 such Committees shall also be informed of the original ac14 quisition cost of such defense articles.

15 AUTHORIZATION REQUIREMENT

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

17 obligated and expended Ω90æsubject to notwithstanding

18 section 10 of Public Law 91–672 and section 15 of the

19 State Department Basic Authorities Act of 1956Ω91æ:

20 Provided, That the Secretary of the Treasury may, to fulfill

21 commitments of the United States, (a) subscribe to and

22 make payment for shares of the Inter-American Develop23 ment Bank, make contributions to the Fund for Special Op24 erations of that Bank, and vote for resolutions (including

25 amendments to that Bank’s constitutive agreement), all in

26 connection with the eighth general increase in resources of
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1 that Bank; and (b) contribute to the Restructured Global

2 Environment Facility under its Instrument, to the African

3 Development Fund in connection with the seventh general

4 replenishment of its resources, and to the Interest Subsidy

5 Account of the successor to the Enhanced Structural Adjust6 ment Facility of the International Monetary Fund. The

7 amount to be paid in respect of each such contribution or

8 subscription is authorized to be appropriated without fiscal

9 year limitation. Each such subscription or contribution

10 shall be effective only to such extent or in such amounts

11 as are provided in advance in appropriations Acts.

12 DEPLETED URANIUM

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

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

15 the sale of M–833 antitank shells or any comparable anti16 tank shells containing a depleted uranium penetrating

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

18 are members of NATO, (2) countries which have been des19 ignated as a major non-NATO ally for purposes of section

20 1105 of the National Defense Authorization Act for Fiscal

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

22 made available to facilitate the sale of such shells notwith23 standing the limitations of this section if the President

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

25 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 Ω92æmarine insurance companies have a

16 fair opportunity to bid for Ω93æmarine insurance when

17 such insurance 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

3 IraqΩ94æ, Serbia, and Montenegro unless the President de4 termines and so certifies to the 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 IraqΩ95æ, Ser16 bia, or Montenegro, as the case may be, and is consistent

17 with the national interest, the President may prohibit, for

18 such a period of time as he considers appropriate, the im19 portation into the United States of any or all products

20 of any foreign country that has not prohibited—

21 (1) the importation of products of IraqΩ96æ,

22 Serbia, or Montenegro into its customs territory, and

23 (2) the export of its products to IraqΩ97æ, Ser24 bia, or Montenegro, as the case may be.
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1 POW/MIA MILITARY DRAWDOWN

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

3 of law, the President may direct the drawdown, without

4 reimbursement by the recipient, of defense articles from

5 the stocks of the Department of Defense, defense services

6 of the Department of Defense, and military education and

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

8 in fiscal year 1995, as may be necessary to carry out sub9 section (b).

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

11 be provided to Ω98æVietnam, Cambodia and Laos, under

12 subsection (a) as the President determines are necessary

13 to support efforts to locate and repatriate members of the

14 United States Armed Forces and civilians employed di15 rectly or indirectly by the United States Government who

16 remain unaccounted for from the Vietnam War, and to

17 ensure the safety of United States Government personnel

18 engaged in such cooperative efforts and to support United

19 States Department of Defense-sponsored humanitarian

20 projects associated with the POW/MIA efforts. Any air21 craft shall be provided under this section only to Laos and

22 only on a lease or loan basis, but may be provided at no

23 cost notwithstanding section 61 of the Arms Export Con24 trol Act and may be maintained with defense articles, serv25 ices and training provided under this section.
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1 (c) The President shall, within sixty days of the end

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

3 is exercised, submit a report to the Congress which identi4 fies the articles, services, and training drawn down under

5 this section.

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

7 President such sums as may be necessary to reimburse

8 the applicable appropriation, fund, or account for defense

9 articles, defense services, and military education and

10 training provided under this section.

11 MEDITERRANEAN EXCESS DEFENSE ARTICLES

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

13 section 573(e) of the Foreign Operations, Export Financ14 ing, and Related Programs Appropriations Act, 1990,

15 shall be applicable, for the period specified therein, to ex16 cess defense articles made available under sections 516

17 and 519 of the Foreign Assistance Act of 1961.

18 PRIORITY DELIVERY OF EQUIPMENT

19 SEC. 541. Notwithstanding any other provision of

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

21 transferred on a grant basis under section 516 of the For22 eign Assistance Act to NATO allies and to major non23 NATO allies on the southern and southeastern flank of

24 NATO shall be given priority to the maximum extent fea25 sible over the delivery of such excess defense articles to

26 other countries.
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1 ISRAEL DRAWDOWN

2 SEC. 542. Section 599B(a) of the Foreign Oper3 ations, Export Financing, and Related Programs Appro4 priations Act, 1991 (as amended by Public Law 102–145,

5 as amended, and Public Law 102–391), is further amend6 ed—

7 (a) by striking out ‘‘fiscal year 1994’’ and in8 serting in lieu thereof ‘‘fiscal year 1995’’;

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

10 and inserting in lieu thereof ‘‘Appropriations Act,

11 1995’’; and

12 (c) by striking out ‘‘$700,000,000’’ and insert13 ing in lieu thereof ‘‘$775,000,000’’.

14 CASH FLOW FINANCING

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

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

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

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

19 Program, any Letter of Offer and Acceptance or other

20 purchase agreement, or any amendment thereto, for a pro21 curement in excess of $100,000,000 that is to be financed

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

23 Act shall be submitted through the regular notification

24 procedures to the Committees on Appropriations.
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1 AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER2 ICAN FOUNDATION AND THE AFRICAN DEVELOP3 MENT FOUNDATION

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

5 provisions of this or any other Act, including provisions

6 contained in prior Acts authorizing or making appropria7 tions for foreign operations, export financing, and related

8 programs, shall not be construed to prohibit activities au9 thorized by or conducted under the Peace Corps Act, the

10 Inter-American Foundation Act, or the African Develop11 ment Foundation Act. The appropriate agency shall

12 promptly report to the Committees on Appropriations

13 whenever it is conducting activities or is proposing to con14 duct activities in a country for which assistance is prohib15 ited.

16 IMPACT ON JOBS IN THE UNITED STATES

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

18 may be obligated or expended to provide—

19 (a) any financial incentive to a business enter20 prise currently located in the United States for the

21 purpose of inducing such an enterprise to relocate

22 outside the United States if such incentive or in23 ducement is likely to reduce the number of employ24 ees of such business enterprise in the United States

25 because United States production is being replaced

26 by such enterprise outside the United States;
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1 (b) assistance for the purpose of establishing or

2 developing in a foreign country any export process3 ing zone or designated area in which the tax, tariff,

4 labor, environment, and safety laws of that country

5 do not apply, in part or in whole, to activities car6 ried out within that zone or area, unless the Presi7 dent determines and certifies that such assistance is

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

9 States; or

10 (c) assistance for any project or activity that

11 contributes to the violation of internationally recog12 nized workers rights, as defined in section 502(a)(4)

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

14 country, including any designated zone or area in

15 that country: Provided, That in recognition that the

16 application of this subsection should be commensu17 rate with the level of development of the recipient

18 country and sector, the provisions of this subsection

19 shall not preclude assistance for the informal sector

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

21 and smallholder agriculture.

22 AUTHORITY TO ASSIST BOSNIA-HERCEGOVINA

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

24 (1) The United Nations has imposed an embar25 go on the transfer of arms to any country on the

26 territory of the former Yugoslavia.
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1 (2) The federated states of Serbia and

2 Montenegro have a large supply of military equip3 ment and ammunition and the Serbian forces fight4 ing the government of Bosnia-Hercegovina have

5 more than one thousand battle tanks, armored vehi6 cles, and artillery pieces.

7 (3) Because the United Nations arms embargo

8 is serving to sustain the military advantage of the

9 aggressor, the United Nations should exempt the

10 government of Bosnia-Hercegovina from its embar11 go.

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

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

14 by the President of the United States, against Bosnia15 Hercegovina, the President is authorized to transferΩ99æ,

16 subject to the regular notification procedures of the Commit17 tees on Appropriations, to the government of that nation,

18 without reimbursement, defense articles from the stocks

19 of the Department of Defense Ω100æand defense services

20 of the Department of Defense of an aggregate value not

21 to exceed $50,000,000 in fiscal year 1995: Provided, That

22 the President certifies in a timely fashion to the Congress

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

2 that nation in self-defense and thereby promote the

3 security and stability of the region; and

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

5 such a military assistance effort.

6 (c) Within 60 days of any transfer under the author7 ity provided in subsection (b), and every 60 days there8 after, the President shall report in writing to the Speaker

9 of the House of Representatives and the President pro

10 tempore of the Senate concerning the articles transferred

11 and the disposition thereof.

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

13 President such sums as may be necessary to reimburse

14 the applicable appropriation, fund, or account for defense

15 articles provided under this section.

16 Ω101æ(e) If the President determines that doing so

17 will contribute to a just resolution of charges regarding

18 genocide or other violations of international law in the

19 former Yugoslavia, the authority of section 552(c) of the

20 Foreign Assistance Act of 1961, as amended, may be used

21 to provide up to $25,000,000 of commodities and services

22 to the United Nations War Crimes Tribunal, without re23 gard to the ceiling limitation contained in paragraph (2)

24 thereof: Provided, That the determination required under
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1 this subsection shall be in lieu of any determinations oth2 erwise required under section 552(c).

3 SPECIAL AUTHORITIES

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

5 Act that are made available for Haiti, Afghanistan, Leb6 anon, and Cambodia, and for victims of war, displaced

7 children, displaced Burmese, humanitarian assistance for

8 Romania, and humanitarian assistance for the peoples of

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

10 available notwithstanding any other provision of law: Pro11 vided, That any such funds that are made available for

12 Cambodia shall be subject to the provisions of section

13 531(e) of the Foreign Assistance Act of 1961 and section

14 906 of the International Security and Development Co15 operation Act of 1985: Provided further, That the Presi16 dent shall terminate assistance to any Ω102æCambodian

17 organization that he determines is cooperating, tactically

18 or strategically, with the Khmer Rouge in their military

19 operations.

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

21 provisions of sections 103 through 106 of the Foreign As22 sistance Act of 1961 may be used, notwithstanding any

23 other provision of law, for the purpose of supporting tropi24 cal forestry and energy programs aimed at reducing emis25 sions of greenhouse gases with regard to the key countries

26 in which deforestation and energy policy would make a
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1 significant contribution to global warmingΩ103æ, and for

2 the purpose of supporting biodiversity conservation activi3 ties: Provided, That such assistance shall be subject to sec4 tions 116, 502B, and 620A of the Foreign Assistance Act

5 of 1961.

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

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

8 the Foreign Assistance Act of 1961, notwithstanding the

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

10 (d) The Agency for International Development may

11 employ personal services contractors, notwithstanding any

12 other provision of law, for the purpose of administering

13 programs for the West Bank and Gaza.

14 POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT

15 OF ISRAEL

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

17 (1) since 1948 the Arab countries have main18 tained a primary boycott against Israel, refusing to

19 do business with Israel;

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

21 maintained a secondary and tertiary boycott against

22 American and other companies that have commercial

23 ties with Israel;

24 (3) the boycott seeks to coerce American firms

25 by blacklisting those that do business with Israel

26 and harm America’s competitiveness;
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1 (4) the United States has a longstanding policy

2 opposing the Arab League boycott and United

3 States law prohibits American firms from providing

4 information to Arab countries to demonstrate com5 pliance with the boycott;

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

7 East peace process and the serious confidence-build8 ing measures taken by the State of Israel an end to

9 the Arab boycott of Israel and of American compa10 nies that have commercial ties with Israel is long

11 overdue and would represent a significant con12 fidence-building measure; and

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

14 free commerce, the President must take more con15 crete steps to press the Arab states to end their

16 practice of blacklisting and boycotting American

17 companies that have trade ties with Israel.

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

19 (1) the Arab League countries should imme20 diately and publicly renounce the primary boycott of

21 Israel and the secondary and tertiary boycott of

22 American firms that have commercial ties with Is23 rael and

24 (2) the President should—
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1 (A) take more concrete steps to encourage

2 vigorously Arab League countries to renounce

3 publicly the primary boycotts of Israel and the

4 secondary and tertiary boycotts of American

5 firms that have commercial relations with Israel

6 as a confidence-building measure;

7 (B) take into consideration the participa8 tion of any recipient country in the primary

9 boycott of Israel and the secondary and tertiary

10 boycotts of American firms that have commer11 cial relations with Israel when determining

12 whether to sell weapons to said country;

13 (C) report to Congress on the specific

14 steps being taken by the President to bring

15 about a public renunciation of the Arab primary

16 boycott of Israel and the secondary and tertiary

17 boycotts of American firms that have commer18 cial relations with Israel; and

19 (D) encourage the allies and trading part20 ners of the United States to enact laws prohib21 iting businesses from complying with the boy22 cott and penalizing businesses that do comply.

23 ANTI-NARCOTICS ACTIVITIES

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

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

26 may be provided to strengthen the administration of jus-
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1 tice in countries in Latin America and the Caribbean in

2 accordance with the provisions of section 534 of the For3 eign Assistance Act of 1961, except that programs to en4 hance protection of participants in judicial cases may be

5 conducted notwithstanding section 660 of that Act.

6 Ω104æ(b) Of the funds appropriated by this Act under

7 the heading ‘‘Economic Support Fund’’, notwithstanding

8 section 660 of the Foreign Assistance Act of 1961, up to

9 $3,000,000 may be made available, subject to the regular

10 notification procedures of the Committees on Appropria11 tions, for technical assistance, training, and commodities

12 with the objective of creating a professional civilian police

13 force for Panama, and for programs to improve penal insti14 tutions and the rehabilitation of offenders in Panama

15 (which programs may be conducted other than through mul16 tilateral or regional institutions), except that such technical

17 assistance shall not include more than $1,000,000 for the

18 procurement of equipment for law enforcement purposes,

19 and shall not include lethal equipment.

20 Ω105æ(b) (c) Funds made available pursuant to this

21 section may be made available notwithstanding the third

22 sentence of section 534(e) of the Foreign Assistance Act

23 of 1961. Funds made available pursuant to subsection

24 Ω106æ(a)(1) (a) for Bolivia, Colombia and Peru and sub25 section Ω107æ(a)(2) (b) may be made available notwith-
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1 standing section 534(c) and the second sentence of section

2 534(e) of the Foreign Assistance Act of 1961.

3 ELIGIBILITY FOR ASSISTANCE

4 SEC. 550. (a) ASSISTANCE THROUGH NONGOVERN5 MENTAL ORGANIZATIONS.—Restrictions contained in this

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

7 shall not be construed to restrict assistance in support of

8 programs of nongovernmental organizations from funds

9 appropriated by this Act to carry out the provisions of

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

11 of 1961: Provided, That the President shall take into con12 sideration, in any case in which a restriction on assistance

13 would be applicable but for this subsection, whether assist14 ance in support of programs of nongovernmental organiza15 tions is in the national interest of the United States: Pro16 vided further, That before using the authority of this sub17 section to furnish assistance in support of programs of

18 nongovernmental organizations, the President shall notify

19 the Committees on Appropriations under the regular noti20 fication procedures of those committees, including a de21 scription of the program to be assisted, the assistance to

22 be provided, and the reasons for furnishing such assist23 ance: Provided further, That nothing in this subsection

24 shall be construed to alter any existing statutory prohibi25 tions against abortion or involuntary sterilizations con26 tained in this or any other Act.
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1 (b) PUBLIC LAW 480.—During fiscal year 1995, re2 strictions contained in this or any other Act with respect

3 to assistance for a country shall not be construed to re4 strict assistance under titles I and II of the Agricultural

5 Trade Development and Assistance Act of 1954: Provided,

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

7 of such Act and made available pursuant to this subsection

8 may be obligated or expended except as provided through

9 the regular notification procedures of the Committees on

10 Appropriations.

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

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

13 any comparable provision of law prohibiting assist14 ance to countries that support international terror15 ism; or

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

17 Assistance Act of 1961 or any comparable provision

18 of law prohibiting assistance to countries that violate

19 internationally recognized human rights.

20 EARMARKS

21 SEC. 551. (a) Funds appropriated by this Act which

22 are earmarked may be reprogrammed for other programs

23 within the same account notwithstanding the earmark if

24 compliance with the earmark is made impossible by oper25 ation of any provision of this or any other Act or, with

26 respect to a country with which the United States has an
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1 agreement providing the United States with base rights

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

3 that the recipient for which funds are earmarked has sig4 nificantly reduced its military or economic cooperation

5 with the United States since enactment of the Foreign Op6 erations, Export Financing, and Related Programs Appro7 priations Act, 1991; however, before exercising the author8 ity of this subsection with regard to a base rights or base

9 access country which has significantly reduced its military

10 or economic cooperation with the United States, the Presi11 dent shall consult with, and shall provide a written policy

12 justification to the Committees on Appropriations: Pro13 vided, That any such reprogramming shall be subject to

14 the regular notification procedures of the Committees on

15 Appropriations: Provided further, That assistance that is

16 reprogrammed pursuant to this subsection shall be made

17 available under the same terms and conditions as origi18 nally provided.

19 (b) In addition to the authority contained in sub20 section (a), the original period of availability of funds ap21 propriated by this Act and administered by the Agency

22 for International Development that are earmarked for par23 ticular programs or activities by this or any other Act shall

24 be extended for an additional fiscal year if the Adminis25 trator of such agency determines and reports promptly to
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1 the Committees on Appropriations that the termination of

2 assistance to a country or a significant change in cir3 cumstances makes it unlikely that such earmarked funds

4 can be obligated during the original period of availability:

5 Provided, That such earmarked funds that are continued

6 available for an additional fiscal year shall be obligated

7 only for the purpose of such earmark.

8 CEILINGS AND EARMARKS

9 SEC. 552. Ceilings and earmarks contained in this

10 Act shall not be applicable to funds or authorities appro11 priated or otherwise made available by any subsequent Act

12 unless such Act specifically so directs.

13 EXCESS DEFENSE ARTICLES

14 SEC. 553. Ω108æ(a) The authority of section 519 of

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

16 used in fiscal year 1995 to provide nonlethal excess de17 fense articles to countries for which United States foreign

18 assistance has been requested and for which receipt of

19 such articles was separately justified for the fiscal year,

20 without regard to the restrictions in subsection (a) of sec21 tion 519.

22 Ω109æ(b) The authority of section 518 of the Foreign

23 Assistance Act of 1961 may be exercised notwithstanding

24 any other provision of law.
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1 PROHIBITION ON PUBLICITY OR PROPAGANDA

2 SEC. 554. No part of any appropriation contained in

3 this Act shall be used for publicity or propaganda purposes

4 within the United States not authorized before the date

5 of enactment of this Act by the Congress.

6 DISADVANTAGED ENTERPRISES

7 SEC. 555. (a) Except to the extent that the Adminis8 trator of the Agency for International Development deter9 mines otherwise, not less than 10 percent of the aggregate

10 amount made available for the current fiscal year for the

11 ‘‘Development Assistance Fund’’, ‘‘Population, Develop12 ment Assistance’’, and the ‘‘Development Fund for Afri13 ca’’ shall be made available only for activities of United

14 States organizations and individuals that are—

15 (1) business concerns owned and controlled by

16 socially and economically disadvantaged individuals,

17 (2) historically black colleges and universities,

18 (3) colleges and universities having a student

19 body in which more than 40 per centum of the stu20 dents are Hispanic American, and

21 (4) private voluntary organizations which are

22 controlled by individuals who are socially and eco23 nomically disadvantaged.

24 (b)(1) In addition to other actions taken to carry out

25 this section, the actions described in paragraphs (2)

26 through (5) shall be taken with respect to development
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1 assistance and assistance for sub-Saharan Africa for the

2 current fiscal year.

3 (2) Notwithstanding any other provision of law, in

4 order to achieve the goals of this section, the Adminis5 trator—

6 (A) to the maximum extent practicable, shall

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

8 Business Act (15 U.S.C. 637(a));

9 (B) to the maximum extent practicable, shall

10 enter into contracts with small business concerns

11 owned and controlled by socially and economically

12 disadvantaged individuals, and organizations con13 tained in paragraphs (2) through (4) of subsection

14 (a)—

15 (i) using less than full and open competi16 tive procedures under such terms and condi17 tions as the Administrator deems appropriate,

18 and

19 (ii) using an administrative system for jus20 tifications and approvals that, in the Adminis21 trator’s discretion, may best achieve the pur22 pose of this section; and

23 (C) shall issue regulations to require that any

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

25 requiring that no less than 10 per centum of the dol-
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1 lar value of the contract be subcontracted to entities

2 described in subsection (a), except—

3 (i) to the extent the Administrator deter4 mines otherwise on a case-by-case or category5 of-contract basis; and

6 (ii) this subparagraph does not apply to

7 any prime contractor that is an entity described

8 in subsection (a).

9 (3) Each person with contracting authority who is at10 tached to the Agency’s headquarters in Washington, as

11 well as all Agency missions and regional offices, shall no12 tify the Agency’s Office of Small and Disadvantaged Busi13 ness Utilization at least seven business days before adver14 tising a contract in excess of $100,000, except to the ex15 tent that the Administrator determines otherwise on a

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

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

18 performance evaluation of any mission director of the

19 agency, the mission director’s efforts to carry out this sec20 tion.

21 (5) The Administrator shall submit to the Congress

22 annual reports on the implementation of this section. Each

23 such report shall specify the number and dollar value or

24 amount (as the case may be) of prime contracts, sub25 contracts, grants, and cooperative agreements awarded to
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1 entities described in subsection (a) during the preceding

2 fiscal year.

3 (c) As used in this section, the term ‘‘socially and

4 economically disadvantaged individuals’’ has the same

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

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

7 women.

8 USE OF AMERICAN RESOURCES

9 SEC. 556. To the maximum extent possible, assist10 ance provided under this Act should make full use of

11 American resources, including commodities, products, and

12 services.

13 LIMITATIONS ON ASSISTANCE FOR NICARAGUA

14 SEC. 557. (a) Funds appropriated by this Act under

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

16 available to the Government of Nicaragua upon the notifi17 cation, in writing, by the Secretary of State to the appro18 priate committees that he has determined that significant

19 and tangible progress is being made by the Government

20 of Nicaragua toward—

21 Ω110æ(1) a full and independent investigation

22 conducted relating to issues raised by the discovery,

23 after the May 23 explosion in Managua, of weapons

24 caches, false passports, identity papers and other doc25 uments, suggesting the existence of a terrorist/kidnap26 ping ring;
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1 Ω111æ(1) (2) the prosecution of any individual

2 identified as part of a terrorist/kidnapping ring by

3 the investigation of issues raised by the discovery,

4 after the May 23, Ω112æ1993, explosion in Managua,

5 of weapons caches, false passports, identity papers

6 and other documents, suggesting the existence of

7 such a ring, including all government officials (in8 cluding any members of the armed forces or security

9 forces);

10 Ω113æ(2) (3) the resolution of expropriation

11 claims and the effective compensation of legitimate

12 claims;

13 Ω114æ(3) (4) the timely implementation of rec14 ommendations made by the Tripartite Commission

15 as it undertakes to review and identify those respon16 sible for gross human rights violations, including the

17 expeditious prosecution of individuals identified by

18 the commission in connection with such violations;

19 Ω115æ(4) (5) the enactment into law of legisla20 tion to reform the Nicaraguan military and security

21 forces in order to guarantee civilian control over the

22 armed forces;

23 Ω116æ(5) (6) the establishment of civilian con24 trol over the police, and the independence of the po25 lice from the military; and
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1 Ω117æ(6) (7) the effective reform of the Nica2 raguan judicial system.

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

4 shall include a detailed listing of the tangible evidence that

5 forms the basis for such determination.

6 (c) For purposes of this section, the term ‘‘appro7 priate committees’’ means the Committees on Foreign Re8 lations and Appropriations of the Senate and Committees

9 on Foreign Affairs and Appropriations of the House of

10 Representatives.

11 PROHIBITION OF PAYMENTS TO UNITED NATIONS

12 MEMBERS

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

14 available pursuant to this Act for carrying out the Foreign

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

16 in part any assessments, arrearages, or dues of any mem17 ber of the United Nations.

18 CONSULTING SERVICES

19 SEC. 559. The expenditure of any appropriation

20 under this Act for any consulting service through procure21 ment contract, pursuant to section 3109 of title 5, United

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

23 expenditures are a matter of public record and available

24 for public inspection, except where otherwise provided

25 under existing law, or under existing Executive order pur26 suant to existing law.
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1 PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

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

3 available pursuant to this Act shall be available to a pri4 vate voluntary organization which fails to provide upon

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

6 the auditing requirements of the Agency for International

7 Development, nor shall any of the funds appropriated by

8 this Act be made available to any private voluntary organi9 zation which is not registered with the Agency for Inter10 national Development.

11 SPECIAL DEBT RELIEF FOR THE POOREST

12 Ω118æSEC. 561. (1) AUTHORITY TO REDUCE

13 DEBT.—The President may reduce amounts owed to the

14 United States (or any agency of the United States) by

15 an eligible country as a result of—

16 (A) guarantees issued under sections 221 and

17 222 of the Foreign Assistance Act of 1961; or

18 (B) credits extended or guarantees issued under

19 the Arms Export Control Act.

20 (2) LIMITATIONS.—

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

22 may be exercised only to implement multilateral offi23 cial debt relief and referendum agreements, com24 monly referred to as ‘‘Paris Club Agreed Minutes’’.

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

26 may be exercised only in such amounts or to such
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1 extent as is provided in advance by appropriations

2 Acts.

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

4 may be exercised only with respect to countries with

5 heavy debt burdens that are eligible to borrow from

6 the International Development Association, but not

7 from the International Bank for Reconstruction and

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

9 countries.

10 (3) CONDITIONS.—The authority provided by para11 graph (1) may be exercised only with respect to a country

12 whose government—

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

14 expenditures;

15 (B) has not repeatedly provided support for

16 acts of international terrorism;

17 (C) is not failing to cooperate on international

18 narcotics control matters; and

19 (D) (including its military or other security

20 forces) does not engage in a consistent pattern of

21 gross violations of internationally recognized human

22 rights.

23 (4) AVAILABILITY OF FUNDS.—The authority pro24 vided by paragraph (1) may be used only with regard to
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1 funds appropriated by this Act under the heading ‘‘Debt

2 Restructuring’’.

3 (5) CERTAIN PROHIBITIONS INAPPLICABLE.—A re4 duction of debt pursuant to paragraph (1) shall not be

5 considered assistance for purposes of any provision of law

6 limiting assistance to a country.

7 SEC. 561. (a) AUTHORITY TO REDUCE DEBT.—The

8 President may reduce amounts owed to the United States

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

10 as a result of—

11 (1) guarantees issued under sections 221 and 222

12 of the Foreign Assistance Act of 1961; or

13 (2) credits extended or guarantees issued under

14 the Arms Export Control Act.

15 (b) LIMITATIONS.—

16 (1) The authority provided by subsection (a)

17 may be exercised only to implement multilateral offi18 cial debt relief and referendum agreements, commonly

19 referred to as ‘‘Paris Club Agreed Minutes’’.

20 (2) The authority provided by subsection (a)

21 may be exercised only in such amounts or to such ex22 tent as is provided in advance by appropriations

23 Acts.

24 (3) The authority provided by subsection (a)

25 may be exercised only with respect to countries with
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1 heavy debt burdens that are eligible to borrow from

2 the International Development Association, but not

3 from the International Bank for Reconstruction and

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

5 countries.

6 (c) CONDITIONS.—The authority provided by sub7 section (a) may be exercised only with respect to a country

8 whose government—

9 (1) does not have an excessive level of military

10 expenditures;

11 (2) has not repeatedly provided support for acts

12 of international terrorism;

13 (3) is not failing to cooperate on international

14 narcotics control matters;

15 (4) (including its military or other security

16 forces) does not engage in a consistent pattern of gross

17 violations of internationally recognized human rights;

18 and

19 (5) has not nationalized, expropriated, or other20 wise seized ownership or control of property owned by

21 any United States person and has not either—

22 (A) returned the property;

23 (B) provided adequate and effective com24 pensation for such property in convertible for25 eign exchange or other mutually acceptable com-
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1 pensation equivalent to the full value thereof, as

2 required by international law;

3 (C) offered a domestic procedure providing

4 prompt, adequate and effective compensation in

5 accordance with international law; or

6 (D) submitted the dispute to arbitration

7 under the rules of the Convention for the Settle8 ment of Investment disputes or other mutually

9 agreeable binding international arbitration pro10 cedure.

11 (d) AVAILABILITY OF FUNDS.—The authority provided

12 by subsection (a) may be used only with regard to funds

13 appropriated by this Act under the heading ‘‘Debt Restruc14 turing’’.

15 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc16 tion of debt pursuant to subsection (a) shall not be consid17 ered assistance for purposes of any provision of law limit18 ing assistance to a country. The authority provided by sub19 section (a) may be exercised notwithstanding section 620(r)

20 of the Foreign Assistance Act of 1961.

21 GUARANTEES

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

23 Budget and Emergency Deficit Control Act of 1985 is

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

25 ‘‘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 Ω119æGaza

13 unless the President determines that it is in the national

14 interest to do so and so reports to the Congress.

15 Ω120æFACILITATE PEACE IN MIDDLE EAST

16 SEC. 565A. ADDITIONAL CONGRESSIONAL EXPECTA17 TION.—Section 583(b)(5) of the Middle East Peace Facilita18 tion Act is amended—

19 (1) by striking ‘‘and’’ at the end of subpara20 graph (C);

21 (2) by striking the period at the end of subpara22 graph (D) and inserting ‘‘; and’’; and

23 (3) by adding at the end the following new sub24 paragraph:
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1 ‘‘(E) amending its National Covenant to

2 eliminate all references calling for the destruc3 tion of Israel.’’.

4 PROCUREMENT REDUCTION

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

6 to the Agency for International Development during fiscal

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

8 (b) The Administrator of the Agency for Inter9 national Development shall allocate the amount of budg10 etary resources canceled among the Agency’s accounts

11 available for procurement and procurement-related ex12 penses. Amounts available for procurement and procure13 ment-related expenses in each such account shall be re14 duced by the amount allocated to such account.

15 (c) For the purposes of this section, the definition

16 of ‘‘procurement’’ includes all stages of the process of ac17 quiring property or services, beginning with the process

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

19 with contract completion and closeout, as specified in sec20 tion 403(a)(2) of title 41, United States Code.

21 Ω121æIMPLEMENTATION OF WAPENHANS REPORT

22 RECOMMENDATIONS

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

24 under the headings ‘‘Contribution to the International

25 Bank for Reconstruction and Development’’, ‘‘Contribu26 tion to the International Development Association’’, and
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1 ‘‘Contribution to the International Finance Corporation’’

2 shall not be available for payment to any such institution

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

4 the recommendations contained in the report entitled Re5 port of the Portfolio Management Task Force (commonly

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

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

8 Committee on Appropriations and the Committee on

9 Banking, Finance and Urban Affairs of the House of Rep10 resentatives and the Committee on Appropriations and the

11 Committee on Foreign Relations of the Senate.

12 IMPLEMENTATION OF WORLD BANK RECOMMENDATIONS

13 SEC. 567. (a) Funds appropriated by title I of this

14 Act under the headings ‘‘Contribution to the International

15 Bank for Reconstruction and Development’’ and ‘‘Contribu16 tion to the International Development Association’’ shall be

17 available for payment to such institutions as follows:

18 (1) 50 percent of the funds appropriated under

19 each such heading shall be made available prior to

20 April 1, 1995, only if the Secretary of the Treasury

21 makes the determination (and so reports to the Com22 mittees on Appropriations) described in paragraph

23 (3) of this subsection at any time prior to that date.

24 (2) 50 percent of the funds appropriated under

25 each such heading shall be made available on April

26 1, 1995, or thereafter, only if the Secretary of the
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1 Treasury makes the determination (and so reports to

2 the Committees on Appropriations) described in para3 graph (3) of this subsection at any time on or after

4 that date.

5 (3) The determinations referred to in paragraphs

6 (1) and (2) are determinations that the International

7 Bank for Reconstruction and Development is—

8 (A) implementing the recommendations con9 tained in ‘‘Next Steps’’, the follow-up to the

10 Wapenhans Report;

11 (B) implementing the action plan contained

12 in chapter 8 of its April 8, 1994, resettlement re13 view entitled ‘‘Resettlement and Development’’;

14 (C) implementing the Bank’s procedures on

15 Disclosure of Operational Information issued in

16 September 1993; and

17 (D) actively encouraging borrowing govern18 ments to publicly disclose information on struc19 tural adjustment programs.

20 (b) Funds appropriated by title I of this Act under

21 the heading ‘‘Contribution to the International Finance

22 Corporation’’ shall be available for payment to such institu23 tion as follows:

24 (1) 50 percent of the funds appropriated under

25 such heading shall be made available prior to April
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1 1, 1995, only if the Secretary of the Treasury makes

2 the determination (and so reports to the Committees

3 on Appropriations) described in paragraph (3) of this

4 subsection.

5 (2) 50 percent of the funds appropriated under

6 such heading shall be made available on or after

7 April 1, 1995, only if the Secretary of the Treasury

8 makes the determination (and so reports to the Com9 mittees on Appropriations) described in paragraph

10 (3) of this subsection.

11 (3) The determinations referred to in paragraphs

12 (1) and (2) are determinations that the International

13 Finance Corporation is pursuing reforms comparable

14 to those adopted by the International Bank for Recon15 struction and Development regarding the environ16 ment, information disclosure, and resettlement.

17 RESTRICTIONS ON ASSISTANCE TO RUSSIA

18 SEC. 568. (a) RESTRICTION.—None of the funds ap19 propriated or otherwise made available by this Act may

20 be obligated for assistance for the Government of Russia

21 after December 31, 1994, unless Ω122æit has been made

22 known to the President that all armed forces of Russia

23 and the Commonwealth of Independent States have been

24 removed from all Baltic countries or that the status of

25 those armed forces have been otherwise resolved by mutual

26 agreement of the parties.
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1 (b) EXEMPTION.—Subsection (a) does not apply to

2 assistance that involves the provision of student exchange

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

4 assistance or to housing assistance for officers of the

5 armed forces of Russia or the Commonwealth of Independ6 ent States who are removed from the territory of Estonia,

7 Latvia, Ω123æand Lithuania Lithuania, or countries other

8 than Russia.

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

10 December 31, 1994, the President determines that the

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

12 national interest.

13 Ω124æADDITIONAL LIMITATION ON FUNDS TO ENSURE

14 IMPLEMENTATION OF WAPENHANS REPORT REC15 OMMENDATIONS

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

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

18 title I become available pursuant to section 567—

19 (1) not more than $30,000,000 shall be avail20 able for obligation before April 1, 1995, for ‘‘Con21 tribution to the International Bank for Reconstruc22 tion and Development’’ for payment for contribution

23 to the Global Environment Facility;

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

25 available for obligation before April 1, 1995, for
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1 ‘‘Contribution to the International Development As2 sociation’’; and

3 (3) not more than $35,761,500 shall be avail4 able for obligation before April 1, 1995, for ‘‘Con5 tribution to the International Finance Corporation’’.

6 (b) REQUIREMENTS FOR AVAILABILITY OF ADDI7 TIONAL AMOUNTS.—No amount in excess of any sum

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

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

10 unless the Secretary of the Treasury—

11 (1) determines that the recommendations con12 tained in the report entitled Report of the Portfolio

13 Management Task Force (commonly referred to as

14 the ‘‘Wapenhans Report’’) continue to be imple15 mented as of such date;

16 (2) reports such determination to the Commit17 tee on Appropriations and the Committee on Bank18 ing, Finance and Urban Affairs of the House of

19 Representatives and the Committee on Appropria20 tions and the Committee on Foreign Relations of the

21 Senate; and

22 (3) complies with the regular notification proce23 dures of the Committee on Appropriations.
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1 Ω125æMILITARY EXPENDITURES BY RECIPIENTS OF

2 MULTILATERAL ASSISTANCE

3 SEC. 569. The Secretary of the Treasury shall instruct

4 the United States Executive Director of each international

5 financial institution to vote against any loan or any exten6 sion of assistance to any country which fails to make avail7 able to such institution the most recent accurate and com8 plete data on annual expenditures for its armed forces, un9 less such assistance is directed specifically to programs

10 which serve the basic human needs of the citizens of such

11 country.

12 PURCHASE OF AMERICAN-MADE EQUIPMENT AND

13 PRODUCTS

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

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

16 all equipment and products purchased with funds made

17 available in this Act should be American-made.

18 (b) NOTICE REQUIREMENT.—In providing financial

19 assistance to, or entering into any contract with, any en20 tity using funds made available in this Act, the head of

21 each Federal agency shall provide, to the greatest extent

22 practicable, to such entity Ω126æa notice describing the

23 statement made in subsection (a) by the Congress notice

24 consistent with subsection (a) and section 604(a) of the For25 eign Assistance Act of 1961.
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1 Ω127æWEST BANK AND GAZA ECONOMIC DEVELOPMENT

2 FUND

3 SEC. 571. Of the funds appropriated by this Act under

4 the heading ‘‘Economic Support Fund’’, not less than

5 $20,000,000 should be made available to support the cre6 ation and expansion of small and medium-sized businesses,

7 including agricultural enterprises, in the West Bank and

8 Gaza. All or any part of such funds may be used for the

9 subsidy cost of direct loans and loan guarantees as defined

10 in section 502 of the Congressional Budget Act of 1974.

11 Funds made available under this heading shall be subject

12 to the regular notification procedures of the Committees on

13 Appropriations.

14 Ω128æAGRICULTURAL AID TO THE NEW INDEPENDENT

15 STATES OF THE FORMER SOVIET UNION

16 SEC. 572. Of the funds appropriated by title II of this

17 Act under the heading ‘‘Assistance for the New Independent

18 States of the Former Soviet Union’’ up to $50,000,000

19 should be made available only for provision of United

20 States agricultural commodities to address the food and nu21 trition needs of the people of the new independent states

22 of the former Soviet Union: Provided, That in providing

23 assistance under this section, primary emphasis shall be

24 given to meeting the food and nutrition needs of children

25 and pregnant and post-partum women: Provided further,
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1 That funds made available for the purposes of this section

2 may be used for transportation of United States agricul3 tural commodities provided under this section: Provided

4 further, That the President may enter into agreements with

5 the governments of the new independent states and non6 governmental organizations to provide for the sale of any

7 part of the United States agricultural commodities in the

8 new independent states for local currencies: Provided fur9 ther, That any such local currencies shall be used in the

10 new independent states to process, transport, store, distrib11 ute or otherwise enhance the effectiveness of the use of

12 United States agricultural commodities provided under this

13 section, and to support agricultural and rural development

14 activities.

15 Ω129æEXPORT FINANCING TRANSFER AUTHORITIES

16 SEC. 573. Not to exceed 5 percent of any appropriation

17 other than for administrative expenses made available for

18 the current fiscal year for programs under title IV of this

19 Act may be transferred between such appropriations for use

20 for any of the purposes, programs and activities for which

21 the funds in such receiving account may be used, but no

22 such appropriation, except as otherwise specifically pro23 vided, shall be increased by more than 25 percent by any

24 such transfer: Provided, That the exercise of such authority

25 shall be subject to the regular notification procedures of the
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1 Committees on Appropriations: Provided further, That

2 $12,000,000 shall be immediately transferred from funds

3 available to the Export-Import Bank for fiscal year 1994

4 to the Overseas Private Investment Corporation, and

5 $1,000,000 shall be immediately transferred from funds

6 available to the Export-Import Bank for fiscal year 1994

7 to the Trade and Development Agency: Provided further,

8 That the provisions of the previous proviso shall be effective

9 on the date of enactment of this Act.

10 Ω130æINCAE

11 SEC. 574. The Government of Nicaragua may assume

12 the obligation of the Central American Institute of Business

13 Administration (INCAE) to make payment to the United

14 States under a loan made to INCAE pursuant to an Alli15 ance for Progress Loan Agreement dated April 25, 1972:

16 Provided, That such payment shall be for the cost, as de17 fined in section 13201 of the Budget Enforcement Act of

18 1990, of such obligation and shall relieve INCAE of any

19 further liability to the United States for payment of interest

20 and principal under such loan notwithstanding section

21 620(r) of the Foreign Assistance Act of 1961.

22 Ω131æMONGOLIA

23 SEC. 575. Section 620(f) of the Foreign Assistance Act

24 of 1961 is amended by striking ‘‘Mongolian People’s Repub25 lic.’’ from the list contained therein.
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1 Ω132æREPORT ON COMPLIANCE WITH COMMITMENTS

2 SEC. 576. Section 804(b) of title VIII of Public Law

3 101–246 (PLO Commitments Compliance Act of 1989) is

4 amended—

5 (1) in paragraph (9) by striking ‘‘; and’’ and in6 serting in lieu thereof ‘‘;’’;

7 (2) by striking the period at the end of para8 graph (10) and inserting in lieu thereof ‘‘; and’’; and

9 (3) by adding the following new paragraph:

10 ‘‘(11) measures taken by the PLO to prevent acts

11 of terrorism, crime and hostilities and to legally pun12 ish offenders, as called for in the Gaza-Jericho agree13 ment of May 4, 1994.’’.

14 Ω133æWAR CRIMES TRIBUNALS

15 SEC. 577. If the President determines that doing so

16 will contribute to a just resolution of charges regarding

17 genocide or other violations of international humanitarian

18 law, the authority of section 552(c) of the Foreign Assist19 ance Act of 1961, as amended, may be used to provide up

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

21 Nations War Crimes Tribunal established with regard to

22 the former Yugoslavia by the United Nations Security

23 Council or such other tribunals or commissions as the Coun24 cil may establish to deal with such violations, without re25 gard to the ceiling limitation contained in paragraph (2)
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1 thereof: Provided, That the determination required under

2 this section shall be in lieu of any determinations otherwise

3 required under section 552(c): Provided further, That 60

4 days after the date of enactment of this Act, and every 180

5 days thereafter, the Secretary of State shall submit a report

6 to the Committees on Appropriations describing the steps

7 the United States Government is taking to collect informa8 tion regarding allegations of genocide or other violations

9 of international law in the former Yugoslavia and to fur10 nish that information to the United Nations War Crimes

11 Tribunal for the former Yugoslavia.

12 Ω134æDONATION OF SURPLUS AGRICULTURAL

13 COMMODITIES TO POLAND

14 SEC. 578. (a) EXTENSION OF AUTHORIZATION.—Sec15 tion 2223(a) of the American Aid to Poland Act of 1988

16 (7 U.S.C. 1431 note) is amended by striking ‘‘1988 through

17 1992’’ and inserting ‘‘1995 through 1999’’.

18 (b) DEFINITION OF ELIGIBLE COMMODITIES.—Section

19 2223(b)(1) of that Act is amended by inserting ‘‘, soybeans,

20 and soybean products’’ after ‘‘feed grains’’.

21 (c) ELIGIBLE ACTIVITIES.—Section 416(b)(7)(D)(ii)

22 of the Agricultural Act of 1949 (7 U.S.C. 1431(b)(7)(D)(ii))

23 is amended in the third sentence—

24 (1) by striking ‘‘and’’ at the end of subclause

25 (II);
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1 (2) by striking the period at the end and insert2 ing ‘‘; and’’; and

3 (3) by adding at the end the following new

4 subclause:

5 ‘‘(IV) the Polish Catholic Episcopate’s Rural

6 Water Supply Foundation.’’.

7 (d) EFFECTIVE DATE.—The amendments made by this

8 section shall take effect October 1, 1994.

9 Ω135æBUY AMERICA

10 SEC. 579. (a) None of the funds appropriated or other11 wise made available by this Act may be obligated or ex12 pended to pay any United States voluntary contribution

13 for United Nations peacekeeping activities unless the Sec14 retary of State determines and certifies to the appropriate

15 congressional committees that United States manufacturers

16 and suppliers are being given opportunities to provide

17 equipment, services, and material for such activities equal

18 to those being given to foreign manufacturers and suppliers

19 for such activities and for other United Nations acqusition

20 needs.

21 (b) For purpose of this section, the term ‘‘appropriate

22 congressional committees’’ means the Committees on Appro23 priations and Foreign Affairs of the House of Representa24 tives and the Committees on Appropriations and Foreign

25 Relations of the Senate.
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1 Ω136æTELECOMMUNICATIONS PROCUREMENT

2 SEC. 580. It is the sense of the Congress that the Agen3 cy for International Development, and other agencies as ap4 propriate, should take steps to ensure that United States

5 firms are not unfairly disadvantaged in procurement op6 portunities related to promoting development through tele7 communications enhancement. The Congress expects that

8 high technology firms primarily owned by nationals of

9 countries which deny procurement opportunities to United

10 States firms will not be eligible to bid on procurement op11 portunities funded by programs in this Act. In particular,

12 the Congress would oppose such purchases if the government

13 of that country restricts American manufacturers of the

14 same high technology products from government procure15 ment or government-financed programs.

16 Ω137æCOUNTRY DEVELOPMENT POLICIES REPORT

17 SEC. 581. (a) REPORTING REQUIREMENT.—The Sec18 retary of State shall, by March 31, 1995, submit to the Com19 mittees on Appropriations a report providing a concise

20 overview of the prospects for economic growth on a broad,

21 equitable, and sustainable basis in the countries receiving

22 economic assistance under title II of this Act. For each

23 country, the report shall discuss the laws, policies, and

24 practices of that country that most contribute to or detract

25 from the achievement of this kind of growth. The report
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1 should address relevant macroeconomic, microeconomic, so2 cial, legal, environmental, and political factors.

3 (b) COUNTRIES.—The countries referred to in sub4 section (a) are countries—

5 (1) for which in excess of a total of $5,000,000

6 has been obligated during the previous fiscal year for

7 assistance under sections 103 through 106, chapters

8 10 and 11 of part I, and chapter 4 of part II of the

9 Foreign Assistance Act of 1961, and under the Sup10 port for East European Democracy Act of 1989; or

11 (2) for which in excess of $1,000,000 has been ob12 ligated during the previous fiscal year for assistance

13 administered by the Overseas Private Investment Cor14 poration.

15 (c) CONSULTATION.—The Secretary of State shall sub16 mit the report required by subsection (a) in consultation

17 with the Secretary of the Treasury, the Administrator of

18 the Agency for International Development, and the Presi19 dent of the Overseas Private Investment Corporation.

20 Ω138æNONLETHAL EXCESS DEFENSE ARTICLES

21 Sec. 582. Notwithstanding section 519(f) of the Foreign

22 Assistance Act of 1961, during fiscal year 1995, funds

23 available to the Department of Defense may be expended

24 for crating, packing, handling and transportation of
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1 nonlethal excess defense articles transferred under the au2 thority of section 519 to Albania.

3 Ω139æLANDMINES

4 SEC. 583. Notwithstanding any other provision of law,

5 demining equipment available to any department or agency

6 and used in support of the clearing of landmines for hu7 manitarian purposes may be disposed of on a grant basis

8 in foreign countries, subject to such terms and conditions

9 as the President may prescribe.

10 Ω140æPROHIBITION ON PAYMENT OF CERTAIN EXPENSES

11 SEC. 584. None of the funds appropriated or otherwise

12 made available by this Act under the heading ‘‘INTER13 NATIONAL MILITARY EDUCATION AND TRAINING’’ or ‘‘FOR14 EIGN MILITARY FINANCING PROGRAM’’ for Informational

15 Program activities may be obligated or expended to pay

16 for—

17 (1) alcoholic beverages;

18 (2) food (other than food provided at a military

19 installation) not provided in conjunction with Infor20 mational Program trips where students do not stay at

21 a military installation; or

22 (3) entertainment expenses for activities that are

23 substantially of a recreational character, including

24 entrance fees at sporting events and amusement

25 parks.
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1 Ω141æBURMA

2 SEC. 585. (1) The Senate finds that:

3 (A) The Burmese people overwhelmingly voted in

4 1990 to begin a process of political and economic re5 form based on a fundamental respect for human

6 rights and freedom of political expression by resound7 ingly rejecting the military-led government of the

8 State Law and Order Restoration Council (SLORC),

9 and electing a coalition government headed by the

10 National League for Democracy;

11 (B) SLORC refused to recognize the will of the

12 Burmese people and in the wake of the election

13 launched a bloody crackdown against the

14 prodemocracy movement killing some activists

15 through torture; others were imprisoned or forced to

16 flee Burma;

17 (C) Since that time, all political dissent has been

18 banned with violators arrested, jailed often beaten

19 and sometimes executed for attempting to express

20 their political beliefs. The United States and United

21 Nations have repeatedly identified SLORC as one of

22 the worst offenders of human rights in the world;

23 (D) SLORC and military officials have a long

24 history of complicity in drug trafficking and produc25 tion;
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1 (E) The forced conscription of rural villagers in2 cluding the elderly, pregnant women, and children as

3 slave labor to carry arms and ammunition for the

4 military, and build roads and bridges for government

5 projects continues. Slave porters are routinely mal6 nourished, beaten, often raped and sometimes executed

7 if they fail to perform work ordered by military offi8 cials;

9 (F) The massive infusion of new arms into

10 Burma poses a direct threat to regional stability; and

11 (G) The actions of the government of Thailand

12 in harassing an forcibly repatriating Burmese refu13 gees is of deep concern to the United States.

14 (2) The Senate of the United States of America calls

15 for:

16 (A) SLORC to immediately and unconditionally

17 release the leader of the National League for Democ18 racy, Aung San Suu Kyi, from house arrest and in19 stall the legitimate government of Burma;

20 (B) Immediate access to political detainees or

21 convicted prisoners of any kind by representatives of

22 the International Committee of the Red Cross.

23 (C) The regime in Rangoon to take real and

24 meaningful action against drug smugglers and cor-
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1 rupt government officials to combat the flood of

2 opium and heroin coming from Burma;

3 (D) International corporations investing or seek4 ing business opportunities in Burma to recognize

5 SLORC’s policy of political repression, abuse of

6 human rights, use of slave labor, and complicity in

7 drug trafficking and refrain from investing in

8 Burma;

9 (E) The international community to ban selling

10 weapons to SLORC;

11 (F) The international community to recognize

12 the plight of Burmese refugees and take whatever steps

13 may be necessary to guarantee their safety and

14 human rights.

15 Ω142æEMERGENCY PROJECTS IN BOSNIA AND

16 HERZEGOVINA

17 SEC. 586. Of the funds appropriated by this Act, not

18 less than $10,000,000 shall be available only for emergency

19 winterization and rehabilitation projects and for the rees20 tablishment of essential services in Bosnia and

21 Herzegovina.

22 Ω143æHUMANITARIAN ASSISTANCE FOR BOSNIA AND

23 HERZEGOVINA

24 SEC. 587. Of the funds appropriated by this Act, not

25 less than $5,000,000 shall be available only for medical
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1 equipment, medical supplies, and medicine to Bosnia and

2 Herzegovina, and for the repair and reconstruction of hos3 pitals, clinics, and medical facilities in Bosnia and

4 Herzegovina.

5 Ω144æPOVERTY REDUCTION EMPHASIS FOR DEVELOPMENT

6 ASSISTANCE

7 SEC. 588. (a) Of the total amount of funds appro8 priated by this Act to carry out chapters 1 and 10 of part

9 I of the Foreign Assistance Act of 1961, a substantial per10 centage of the funds shall be available only to finance pro11 grams, projects, and activities that directly improve the

12 lives of the poor, with special emphasis on those individuals

13 living in absolute poverty.

14 (b) It is the sense of Congress that the President, in

15 carrying out this section, should—

16 (1) promulgate appropriate standards for identi17 fying those populations living in poverty;

18 (2) establish a program performance, monitor19 ing, and evaluation capacity within the Agency for

20 International Development that will develop and pre21 pare, in consultation with both local and inter22 national nongovernmental organizations, appropriate

23 indicators and criteria for monitoring and evaluation

24 of progress toward poverty reduction; and
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1 (3) take steps necessary to increase the direct in2 volvement of the poor in project design, implementa3 tion and evaluation, including increasing opportuni4 ties for direct funding of local nongovernmental orga5 nizations serving these populations, and other local

6 capacity-building measures.

7 (c) The Congress urges the President, not later than

8 April 1, 1995, to submit to the Congress a report setting

9 forth the progress made in carrying out this section.

10 Ω145æPAYMENTS-IN-KIND AS VOLUNTARY CONTRIBUTIONS

11 TO UNITED NATIONS PEACEKEEPING ACTIVITIES

12 SEC. 589. It is the sense of the Congress that—

13 (1) United States voluntary contributions to

14 peacekeeping operations conducted by the United Na15 tions may consist of contributions of excess defense ar16 ticles or may be in the form of payments made di17 rectly to United States companies providing goods

18 and services in support of United Nations peacekeep19 ing activities; and

20 (2) such contributions should be made in con21 sultation with the Secretaries of State and Defense.

22 Ω146æPOLICY REGARDING HUMANITARIAN AID TO HAITI

23 SEC. 590. It is the sense of the Senate that the Sec24 retary of State, the Secretary of the Treasury, and the Ad25 ministrator of the Agency for International Development
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1 should expedite approval of valid applications for emer2 gency medical evacuation flights out of Haiti and for hu3 manitarian aid flights to Haiti, where such aid consists

4 of food, medicine, or medical supplies, or spare parts or

5 equipment for the transportation or distribution of humani6 tarian aid by nongovernmental or private voluntary orga7 nizations.

8 Ω147æLOANS TO NATIONS THAT ENFORCE THE ARAB

9 BOYCOTT OF ISRAEL

10 SEC. 591. The President should use the voice and vote

11 of the United States in all multilateral banks of which the

12 United States is a member to ensure that no loans are given

13 to nations which support or encourage the primary, second14 ary or tertiary boycott of Israel.

15 Ω148æCAMBODIA

16 SEC. 592. (a) FINDINGS.—The Senate finds that—

17 (1) Peace in Cambodia promotes stability in

18 Southeast Asia.

19 (2) The newly democratic nation of Cambodia is

20 engaged in a continuing military struggle against the

21 Khmer Rouge.

22 (3) Peace talks between the government of Cam23 bodia and the Khmer Rouge have repeatedly broken

24 down.
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1 (4) The Cambodian Parliament took action on

2 July 6, 1994, to outlaw the Khmer Rouge.

3 (5) Ceding any position in the freely elected gov4 ernment of Cambodia to the Khmer Rouge is not in

5 the interest of the Cambodian people and is incom6 patible with a constructive United States-Cambodia

7 relationship.

8 (6) Cambodian officials have requested military

9 assistance from a number of nations, including the

10 United States.

11 (7) The United States administration, in con12 sultation with its allies, is in the process of determin13 ing the appropriate type and level of United States

14 military assistance to Cambodia.

15 (8) Congress is concerned that absent proper

16 training, professionalism and adequate salaries, pro17 viding Cambodian forces with arms and ammunition

18 will not be beneficial.

19 (b) SENSE OF THE SENATE.—It is the sense of the Sen20 ate that—

21 (1) In concert with interested democratic na22 tions, the United States should provide non-combat

23 military training assistance to the newly democratic

24 government of Cambodia.
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1 (2) Military assistance should include efforts to

2 establish an orderly and equitable promotion process,

3 establish an effective command structure, establish a

4 viable and effective system of military justice, estab5 lish effective logistics, establish modern communica6 tions networks, establish dependable accounting proce7 dures, promote human rights and respect for the rule

8 of law and promote respect for civilian leadership of

9 the military.

10 (3) The President should make every effort to

11 fully utilize requested 1994 and 1995 levels of IMET

12 for Cambodia to expand the program beyond its cur13 rent scope.

14 (4) The President should consider qualified Cam15 bodians for admission to United States military

16 academies.

17 (5) The President should dispatch as soon as

18 possible a military attache to the United States Em19 bassy in Cambodia.

20 (6) Lethal assistance should not be provided to

21 Cambodia until such time as the President can certify

22 the professionalization of the Cambodian Armed

23 Forces.

24 (7) No military assistance should be provided the

25 Cambodian Armed Forces if the Government includes
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1 members of the Khmer Rouge or if the Constitution

2 promulgated on September 24, 1993 fails.

3 (8) No military assistance should be provided in

4 concert with the Democratic Peoples’ Republic of

5 Korea.

6 (9) The President should convey to Thailand

7 United States concern over the continued support for

8 the Khmer Rouge by elements of the Thai military

9 and to urge the Thai Government to intensify its ef10 forts to terminate that support, in accordance with

11 the Paris Peace Accords.

12 Ω149æINDONESIA

13 SEC. 593. The United States should continue to refrain

14 from selling or licensing for export to the Government of

15 Indonesia defense articles such as small or light arms and

16 crowd control items until the Secretary of State determines

17 and reports to the Committees on Appropriations that there

18 has been significant progress made on human rights in East

19 Timor and elsewhere in Indonesia, including in such areas

20 as:

21 (1) complying with the recommendations in the

22 United Nations Special Repporteur’s January 1992

23 report and the March 1993 recommendations of the

24 United Nations Human Rights Commission;
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1 (2) significantly reducing Indonesia’s troop pres2 ence in East Timor; and

3 (3) participating constructively in the United

4 Nations Secretary General’s efforts to resolve the sta5 tus of East Timor.

6 Ω150æUNITED STATES PANEL OF THE JOINT COMMITTEE

7 ON UNITED STATES–JAPAN CULTURAL AND EDU8 CATIONAL COOPERATION

9 SEC. 594. Section 4 of the Japan-United States

10 Friendship Act (22 U.S.C. 2903) is amended by adding at

11 the end the following new subsection:

12 ‘‘(d) The membership of the United States Panel of the

13 Joint Committee on United States-Japan Cultural and

14 Educational cooperation shall be drawn from among indi15 viduals who are deeply familiar with Japan and United

16 States-Japan relations, as demonstrated in their profes17 sional careers, and who have performed distinguished serv18 ice in—

19 ‘‘(1) law, business, or finances;

20 ‘‘(2) education, training, or research at post-sec21 ondary levels;

22 ‘‘(3) the media or publishing;

23 ‘‘(4) foundation or philanthropic activity;

24 ‘‘(5) the American arts, culture, or the human25 ities; or
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1 ‘‘(6) other aspects of American public life.’’.

2 BROADENING INVESTMENT AUTHORITY.

3 SEC. 595. Section 7 of the Japan-United States

4 Friendship Act (22 U.S.C. 2906) is amended—

5 (1) in subsection (b)—

6 (A) in the first sentence, by inserting ‘‘, at

7 the direction of the Chairman of the Commis8 sion,’’ after ‘‘ ‘Secretary’)’’; and

9 (B) in the second sentence, by striking ‘‘in

10 interest bearing obligations of the United States

11 or in obligations guaranteed as to both principal

12 and interest by the United States’’ and inserting

13 ‘‘in instruments or public debt with maturities

14 suitable to the needs of the Fund’’; and

15 (2) in subsection (c), by inserting ‘‘, at the direc16 tion of the Chairman of the Commission,’’ after

17 ‘‘sold’’.

18 Ω151æGERMANY

19 SEC. 596. (a) Sense of the Congress concerning Ger20 man and Japanese permanent membership in the United

21 Nations Security Council—

22 (1) in the past five years, the United Nations has

23 engaged in more peacekeeping operations than in the

24 preceding forty;
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1 (2) the Security Council is the United Nations

2 body chiefly responsible for matters of peace and secu3 rity;

4 (3) any country accorded permanent membership

5 in an expanded Security Council must be capable of

6 fulfilling all of the responsibilities equated with such

7 status, including participation in any United Na8 tions military operations;

9 (4) according permanent membership to nations

10 not capable of carrying out these responsibilities will

11 allow those countries to play a central role in shaping

12 United Nations peacekeeping and peacemaking oper13 ations which could endanger the lives of American

14 and other troops, but in which their own forces could

15 play no part;

16 (5) Japan and Germany, as the world’s second

17 and third largest economies, respectively, have at18 tained levels of global reach and influence equal to or

19 surpassing current permanent members of the Secu20 rity Council;

21 (6) Germany and Japan have announced their

22 desire to gain permanent membership in the Security

23 Council;

24 (7) Japan currently maintains that its constitu25 tion prohibits the country from carrying out all the
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1 peacekeeping and peacemaking responsibilities that

2 permanent membership entails;

3 (8) Japan’s ruling coalition government appears

4 unwilling to address these issues, even in the face of

5 a potential crisis on the Korean peninsula which may

6 well require multilateral military action;

7 (9) the German High Court, sitting in

8 Karlsruhe, Germany, ruled, on July 12, 1994, that

9 the German constitution contains no prohibition

10 against the overseas deployment of Germany’s armed

11 forces in multilateral peacekeeping operation.

12 (b) Now, therefore, be it the sense of the Senate that—

13 (1) since Germany has addressed the problem of

14 its participation in multilateral military activities,

15 the United States should support that nation’s

16 prompt elevation to permanent Security Council

17 membership;

18 (2) Japan be encouraged to discuss thoroughly

19 and openly its own problems in participating in such

20 activities, and take whatever steps are necessary to

21 enable it to fully engage in any form of United Na22 tions peacekeeping or peacemaking operation; and

23 (3) the United States should actively support Ja24 pan’s effort to gain permanent membership only after

25 Japan takes such steps.
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1 Ω152æPOLICY REGARDING GERMAN PARTICIPATION IN

2 INTERNATIONAL PEACEKEEPING OPERATIONS

3 SEC. 597. (a) FINDINGS.—The Congress finds that—

4 (1) for more than four decades following the Sec5 ond World War, Germany was a divided nation;

6 (2) notwithstanding the creation of the Federal

7 Republic of Germany on September 7, 1949, and the

8 German Democratic Republic on October 7, 1949, the

9 Four Allied Powers retained rights and responsibil10 ities for Germany as a whole;

11 (3) the Federal Republic of Germany acceded to

12 the United Nations Charter without reservation,

13 ‘‘accept[ing] the obligations contained in the Charter

14 . . . and solemnly undertak[ing] to carry them out’’,

15 and was admitted as a member of the United Nations

16 on September 26, 1973;

17 (4) the Federal Republic of Germany’s admission

18 to the United Nations did not alter Germany’s divi19 sion nor infringe upon the rights and responsibilities

20 of the Four Allied Powers for Germany as a whole;

21 (5) these circumstances created impediments to

22 the Federal Republic of Germany fulfilling all obliga23 tions undertaken upon its accession to the United Na24 tions Charter;
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1 (6) Germany was unified within the Federal Re2 public of Germany on October 3, 1990;

3 (7) with the entry into force of the Final Settle4 ment With Respect to Germany on March 4, 1991, the

5 unified Germany assumed its place in the community

6 of nations as a fully sovereign national state;

7 (8) German unification and attainment of full

8 sovereignty and the Federal Republic’s history of

9 more than four decades of democracy have removed

10 impediments that have prevented its full participa11 tion in international efforts to maintain or restore

12 international peace and security;

13 (9) international peacekeeping, peacemaking,

14 and peace-enforcing operations are becoming increas15 ingly important for the maintenance and restoration

16 of international peace and security;

17 (10) United Nations Secretary General Boutros

18 Boutros-Ghali has called for the ‘‘full participation of

19 Germany in peacekeeping, peacemaking, and peace20 enforcing measures’’;

21 (11) the North Atlantic Council, meeting in min22 isterial session on June 4, 1992, and December 17,

23 1992, stated the preparedness of the North Atlantic

24 Alliance to ‘‘support, on a case-by-case basis in ac25 cordance with our own procedures, peacekeeping ac-
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1 tivities under the responsibility of the Conference on

2 Security and Cooperation in Europe’’ and ‘‘peace3 keeping operations under the authority of the United

4 Nations Security Council’’;

5 (12) the Federal Republic of Germany partici6 pated in these North Atlantic Council meetings and

7 fully associated itself with the resulting communiques;

8 (13) the Western European Union (WEU) Min9 isterial Council, in the Petersberg Declaration adopt10 ed June 19, 1992, declared that ‘‘As the WEU devel11 ops its operational capabilities in accordance with the

12 Maastricht Declaration, we are prepared to support,

13 on a case-by-case basis and in accordance with our

14 own procedures, the effective implementation of con15 flict-prevention and crisis-management measures, in16 cluding peacekeeping activities of the CSCE or the

17 United Nations Security Council’’;

18 (14) the Federal Republic of Germany presided

19 over this Western European Union Ministerial Coun20 cil meeting and fully associated itself with the

21 Petersberg Declaration;

22 (15) the Federal Republic of Germany, by virtue

23 of its political, economic, and military status and po24 tential, will play an important role in determining
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1 the success or failure of future international efforts to

2 maintain or restore international peace and security;

3 (16) the Federal Constitutional Court of Ger4 many has ruled that the Basic Law of Germany per5 mits the Armed Forces of Germany to participate in

6 international military operations, including combat

7 operations, conducted under a system of collective se8 curity, including the United Nations, the North At9 lantic Treaty Organization, and the Western Euro10 pean Union;

11 (17) Germany is currently engaged in a debate

12 on the proper role for the German military in the

13 international community;

14 (18) one important element in the German de15 bate is the attitude of the international community

16 toward full German participation in international

17 peacekeeping, peacemaking, and peace-enforcing oper18 ations;

19 (19) it is, therefore, appropriate for the United

20 States, as a member of the international community

21 and as a permanent member of the United Nations

22 Security Council, to express its position on the ques23 tion of such German participation; and

24 (20) distinctions between peacekeeping, peace25 making, and peace-enforcing measures are becoming
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1 blurred, making absolute separation of such measures

2 difficult, if not impossible.

3 (b) SENSE OF CONGRESS.—It is the sense of the Con4 gress that—

5 (1) an appropriate response under current cir6 cumstances to Germany’s past would be for Germany

7 to participate fully in international efforts to main8 tain or restore international peace and security; and

9 (2) the President should strongly encourage Ger10 many, in light of its increasing political and eco11 nomic influence, its successful integration into inter12 national institutions, and its commitment to peace

13 and democratic ideals, to assume full and active par14 ticipation in international peacekeeping, peace15 making, and peace-enforcing operations.

16 Ω153æUNITED NATIONS OFFICE OF INSPECTOR GENERAL

17 SEC. 598. The Senate hereby reaffirms that section 401

18 of the Foreign Relations Authorization Act, Fiscal Years

19 1994 and 1995 (Public Law 103–236) remains in effect,

20 including all its terms and conditions relating to the estab21 lishment of an independent office of Inspector General with22 in the United Nations.

23 Ω154æREGARDING THE EXTRADITION TO THE UNITED

24 STATES OF MOHAMMAD ISMAIL ABEQUA

25 SEC. 599. (a) The Senate finds that—
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1 (1) Mohammad Ismail Abequa is a naturalized

2 United States citizen who is alleged to have strangled

3 his estranged wife, Nihal Abequa, in Morris County,

4 New Jersey on July 3, 1994;

5 (2) Mohammad Ismail Abequa fled to Amman,

6 Jordan on July 5, 1994, with the couple’s two chil7 dren Sami and Lisa, aged 3 and 6 years old, respec8 tively;

9 (3) New Jersey officials have confirmed that Mo10 hammad Ismail Abequa arrived in Amman on July

11 6, 1994, via an international flight from London and

12 that he had the two children in his custody upon ar13 rival in Jordan;

14 (4) Mohammad Ismail Abequa reportedly has a

15 record of wife beating and child abuse while living in

16 New Jersey, and the children could be in danger;

17 (5) the children have a close relative, Nihal’s sis18 ter, who, reportedly, will care for and nurture them

19 in New Jersey; and

20 (6) the personal involvement of King Hussein of

21 Jordan in finding the children quickly could prevent

22 their serious injury by Abequa.

23 (b) The Senate hereby expresses its concern both that

24 Mohammad Ismail Abequa be brought to justice and that

25 the safety of the two children held by Abequa be ensured.
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1 (c) It is the sense of the Senate that—

2 (1) the Government of Jordan should use its re3 sources to apprehend and extradite Mohammad

4 Ismail Abequa to the United States where he will be

5 afforded the due process of the laws of the State of

6 New Jersey; and

7 (2) the appropriate officials of the Department of

8 Justice and the Department of State should work ag9 gressively toward that goal.

10 Ω155æSUPPORT FOR HUMAN RIGHTS AND OTHER

11 NONGOVERNMENTAL ORGANIZATIONS IN INDONESIA

12 SEC. 599A. Of the funds appropriated by this Act,

13 $250,000 shall be made available to support nongovern14 mental human rights organizations in Indonesia, and

15 $250,000 shall be made available to support nongovern16 mental environmental organizations to assess or otherwise

17 address acute environmental problems, particularly those

18 affecting indigenous peoples, in Indonesia.

19 Ω156æEUROPEAN SECURITY

20 SEC. 599B. (a) FINDINGS.—The Senate finds that—

21 (1) The United States maintains a continuing

22 interest in the security of Europe.

23 (2) The North Atlantic Treaty Organization re24 mains the principal guarantor of European security.
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1 (3) The security concerns of the United States

2 and Europe are best addressed through the collective

3 security arrangement of the North Atlantic Treaty

4 Organization.

5 (4) The North Atlantic Treaty Organization is

6 not an offensive threat to any nation not part of the

7 North Atlantic Treaty.

8 (b) SENSE OF THE SENATE.—It is the sense of the Sen9 ate that—

10 (1) The North Atlantic Treaty Organization

11 should invite Poland, the Czech Republic, Hungary

12 and Slovakia to accede to the North Atlantic Treaty

13 under Article 10 of the Treaty at such time as each

14 is in a position to further the principles of the Treaty

15 and contribute to the security of the North Atlantic

16 area.

17 (2) Accession to the North Atlantic Treaty should

18 include a commitment to the security of new members

19 according to Article 5 of the Treaty.

20 (3) The President should pursue within the

21 North Atlantic Council the adoption of criteria and

22 timetables for determining the ability of each nation

23 to further the principles of the North Atlantic Treaty

24 and contribute to the security of the North Atlantic

25 area.
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1 (4) Within 90 days of the passage of this Act, the

2 President should report to the appropriate congres3 sional committees the criteria and timetables the

4 United States will pursue within the North Atlantic

5 Council.

6 Ω157æDEMOCRATIC PEOPLE’S REPUBLIC OF KOREA,

7 NUCLEAR WEAPONS

8 SEC. 599C. No funds appropriated under this Act or

9 any other Act may be made available to the Democratic

10 People’s Republic of Korea until the President certifies and

11 reports to Congress that the Democratic People’s Republic

12 of Korea—

13 (1) does no possess nuclear weapons;

14 (2) has halted its nuclear weapons program; and

15 (3) has not exported weapons-grade plutonium.

16 Ω158æLIMITATION ON USE OF FUNDS FOR CONTRIBUTION

17 TO THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY

18 SEC. 599D. (a) LIMITATION.—Not more than

19 $20,000,000 of the amount appropriated under title I under

20 the heading ‘‘CONTRIBUTION TO THE ENHANCED STRUC21 TURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL

22 MONETARY FUND’’ shall be available until the Bipartisan

23 Commission described in subsection (b) submits the report

24 described in subsection (c).
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1 (b) BIPARTISAN COMMISSION.—There shall be estab2 lished a Bipartisan Commission whose members shall be

3 appointed within 2 months of enactment of this Act to con4 duct a complete review of the salaries and benefits of World

5 Bank and International Monetary Fund employees and

6 their families. The Commission shall be composed of—

7 (i) 1 member appointed by the President;

8 (ii) 1 member appointed by the Speaker of the

9 House of Representatives;

10 (iii) 1 member appointed by the Minority Lead11 er of the House of Representatives;

12 (iv) 1 member appointed by the Majority Leader

13 of the Senate;

14 (v) 1 member appointed by the Minority Leader

15 of the Senate;

16 (vi) SALARIES AND EXPENSES.—The salaries

17 and expenses of the Commission and the Commis18 sion’s staff may be paid out of funds made available

19 under this Act.

20 (c) COVERED REPORT.—Within 6 months after ap21 pointment, the Commission shall submit a report to the

22 President, the Speaker of the House of Representatives and

23 the Chairman of the Senate Foreign Relations Committee

24 which includes the following—
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1 (i) a review of the existing salary paid and bene2 fits received by the employees of the World Bank and

3 the IMF:

4 (ii) a review of all benefits paid by the World

5 Bank and the IMF to family members and depend6 ents of the employees of the World Bank and the IMF;

7 (iii) a review of all salary and benefits paid to

8 employees and dependents of the World Bank and the

9 IMF as compared to all salary and benefits paid to

10 comparable positions for employees of United States

11 banks.

12 Ω159æPRISONER TRANSFERS

13 SEC. 599E. (a) SHORT TITLE.—This section may be

14 cited as the ‘‘Prisoner Transfer Equity Act’’.

15 (b) PURPOSE.—The purpose of this section is to relieve

16 overcrowding in Federal and State prisons by providing

17 for the transfer of criminal aliens convicted of crimes in

18 the United States back to their native countries to serve the

19 balance of their sentences.

20 (c) FINDINGS.—The Congress makes the following find21 ings:

22 (1) The cost of incarcerating an illegal alien in

23 a Federal or State prison can cost as much as

24 $25,000 per year.
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1 (2) There are approximately 46,000 convicted

2 criminal aliens serving in American prisons, includ3 ing 25,000 convicted criminal aliens serving in State

4 prisons and 21,000 convicted criminal aliens serving

5 in Federal prisons.

6 (3) Many of these convicted criminal aliens are

7 also illegal aliens, but the Immigration and Natu8 ralization Service does not have exact data on how

9 many.

10 (4) The combined cost to Federal and State gov11 ernments for the incarceration of convicted criminal

12 aliens is approximately $1,200,000,000.

13 (5) There are approximately 2,500 American

14 citizens serving in prisons outside the United States.

15 (6) The United States has entered into over 25

16 prisoner exchange treaties. Since 1977, under these

17 treaties, the United States sent approximately 1,200

18 prisoners to other counties but has received approxi19 mately 1,400 prisoners that it had to imprison. This

20 has added to United States prison overcrowding.

21 (d) PRISONER TRANSFER TREATIES.—No later than

22 90 days after the date of enactment of this Act, the President

23 should begin to negotiate prisoner transfer treaties, or re24 negotiate existing prisoner transfer treaties, with countries

25 that currently have more prisoners in United States prisons
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1 than there are United States citizens in their prisons, to

2 carry out the purpose of this Act. The focus of these negotia3 tions should be on the transfer of illegal aliens who are serv4 ing in United States prisons.

5 (e) REPORT; WITHHOLDING OF ASSISTANCE.—

6 (1) REPORTS.—Not later than 1 year after the

7 date of enactment of this Act, and not later than

8 March 30 each year thereafter, the President shall

9 submit a report to Congress on the progress of nego10 tiations undertaken under subsection (d) since the

11 date of enactment of this Act or the date of submis12 sion of the last report, as the case may be.

13 (2) WITHHOLDING OF ASSISTANCE.—Whenever—

14 (A) a report submitted under paragraph (1)

15 indicates that no progress has been made in ne16 gotiations under subsection (d) with a foreign

17 country, and

18 (B) the United States continues to main19 tain a surplus of prisoners who are nationals of

20 that country,

21 then, for the remainder of the fiscal year, and each

22 fiscal year thereafter until progress is reported under

23 subsection (a), not less than one percent or more than

24 10 percent of United States bilateral assistance allo25 cated for that country (but for this provision) shall be
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1 withheld from obligation and expenditure for that

2 country.

3 (3) DEFINITION.—As used in this section, the

4 term ‘‘United States bilateral assistance’’ means—

5 (A) assistance under the Foreign Assistance

6 Act of 1961 other than assistance provided

7 through international organizations or other

8 multilateral arrangements; and

9 (B) sales and sales financing under the

10 Arms Export Control Act.

11 (f) WAIVER AUTHORITY.—The President may waive

12 the application of subsection (e)(2) if such an application

13 would jeopardize relationships between the United States

14 and a foreign country that the President determines to be

15 in the national interest. Whenever the President exercises

16 the waiver authority of this section, the President shall sub17 mit a statement in writing to Congress setting forth the

18 justification for the exercise of the waiver.

19 (g) DIPLOMATIC EFFORTS.—For each country that

20 does not receive United States assistance and for which the

21 conditions of subsections (e)(2)(A) and (e)(2)(B) apply, the

22 President should use such diplomatic offices and powers as

23 may be necessary to make progress in negotiating or

24 renegotiating a prisoner transfer treaty.
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1 (h) RULE OF CONSTRUCTION.—Nothing in this section

2 may be construed to alter or affect the existing immigra3 tion, refugee, political asylum laws of the United States nor

4 any Federal, State, or local criminal laws

5 Ω160æSENSE OF THE CONGRESS ON THE USE OF FUNDS

6 FOR UNITED STATES MILITARY OPERATIONS IN HAITI

7 SEC. 599F. (a) STATEMENT OF POLICY.—It is the

8 sense of the Congress that—

9 (1) all parties should honor their obligations

10 under the Governor’s Island Accord of July 3, 1993

11 and the New York Pact of July 16, 1993;

12 (2) the United States has a national interest in

13 preventing uncontrolled emigration from Haiti; and

14 (3) the United States should remain engaged in

15 Haiti to support national reconciliation and further

16 its interest in preventing uncontrolled emigration.

17 (b) LIMITATION.—It is the sense of the Congress that

18 funds appropriated by this Act or any other Act should not

19 be obligated or expended in Haiti unless—

20 (1) authorized in advanced by the Congress; or

21 (2) the temporary deployment of United States

22 Armed Forces into Haiti is necessary in order to pro23 tect or evacuate United States citizens from a situa24 tion of imminent danger and the President reports as
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1 soon as practicable to Congress after the initiation of

2 the temporary deployment; or

3 (3) the deployment of United States Armed

4 Forces into Haiti is vital to the national security in5 terests of the United States, including but not limited

6 to the protection of American citizens in Haiti, there

7 is not sufficient time to seek and receive Congres8 sional authorization, and the President reports as

9 soon as is practicable to Congress after the initiation

10 of the deployment, but in no case later than forty

11 eight hours after the initiation of the deployment; or

12 (4) the President transmits to the Congress a

13 written report pursuant to subsection (c).

14 (c) REPORT.—It is the sense of the Congress that the

15 limitation in subsection (b) should not apply if the Presi16 dent reports in advance to Congress that the intended de17 ployment of United States Armed Forces into Haiti—

18 (1) is justified by United States national secu19 rity interests;

20 (2) will be undertaken only after necessary steps

21 have been taken to ensure the safety and security of

22 United States Armed Forces, including steps to ensure

23 that United States Armed Forces will not become tar24 gets due to the nature of their rules of engagement;
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1 (3) will be undertaken only after an assessment

2 that—

3 (A) the proposed mission and objectives are

4 most appropriate for the United States Armed

5 Forces rather than civilian personnel or armed

6 forces from other nations, and

7 (B) that the United States Armed Forces

8 proposed for deployment are necessary and suffi9 cient to accomplish the objectives of the proposed

10 mission;

11 (4) will be undertaken only after clear objectives

12 for the deployment are established;

13 (5) will be undertaken only after an exit strategy

14 for ending the deployment has been identified; and

15 (6) will be undertaken only after the financial

16 costs of the deployment are estimated.

17 (d) DEFINITION.—As used in this section, the term

18 ‘‘United States military operations in Haiti’’ means the

19 continued deployment, introduction or reintroduction of

20 United States Armed Forces into the land territory of

21 Haiti, irrespective of whether those Armed Forces are under

22 United States or United Nations command, but does not

23 include activities for the collection of foreign intelligence,

24 activities directly related to the operations of United States
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1 diplomatic or other United States Government facilities, or

2 operations to counter emigration from Haiti.

3 Ω161æRESTRICTION

4 SEC. 599G. (a) None of the funds appropriated or oth5 erwise made available by this Act may be obligated for as6 sistance for the Government of Russia after August 31,

7 1994, unless all armed forces of Russia and the Common8 wealth of Independent States have been removed from all

9 Baltic countries or that the status of those armed forces have

10 been otherwise resolved by mutual agreement of the parties.

11 (b) Subsection (a) does not apply to assistance that

12 involves the provision of student exchange programs, food,

13 clothing, medicine or other humanitarian assistance or to

14 housing assistance for officers of the armed forces of Russia

15 or the Commonwealth of Independent States who are re16 moved from the territory of Estonia, Latvia, Lithuania, or

17 countries other than Russia.

18 (c) Subsection (a) does not apply if after August 31,

19 1994, the President determines that the provision of funds

20 to the Government of Russia is in the national security in21 terest.

22 (d) Section 568 of this Act is null and void.
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1 Ω162æADDITIONAL COUNTRIES ELIGIBLE FOR

2 PARTICIPATION IN ALLIED DEFENSE COOPERATION

3 SEC. 599H. (a) SHORT TITLE.—This section may be

4 cited as the ‘‘NATO Participation Act’’.

5 (b) TRANSFER OF EXCESS DEFENSE ARTICLES.—The

6 President may transfer excess defense articles under section

7 516 of the Foreign Assistance Act of 1961 or under the Arms

8 Export Control Act to Poland, Hungary, and the Czech Re9 public.

10 (c) LEASES AND LOANS OF MAJOR DEFENSE EQUIP11 MENT AND OTHER DEFENSE ARTICLES.—Section 63(a)(2)

12 of the Arms Export Control Act (22 U.S.C. 2796b) is

13 amended by striking ‘‘or New Zealand’’ and inserting ‘‘New

14 Zealand, Poland, Hungary, or the Czech Republic’’.

15 (d) LOAN MATERIALS, SUPPLIES, AND EQUIPMENT

16 FOR RESEARCH AND DEVELOPMENT PURPOSES.—Section

17 65(d) of the Arms Export Control Act (22 U.S.C. 2796d(d))

18 is amended—

19 (1) by striking ‘‘or’’ after ‘‘United States)’’ and

20 inserting a comma; and

21 (2) by inserting before the period at the end the

22 following: ‘‘, Poland, Hungary, or the Czech Repub23 lic’’.

24 (e) COOPERATIVE MILITARY AIRLIFT AGREEMENTS.—

25 Section 2350c(e)(1)(B) of title 10, United States Code, is
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1 amended by striking ‘‘and the Republic of Korea’’ and in2 serting ‘‘the Republic of Korea, Poland, Hungary, and the

3 Czech Republic’’.

4 (f) PROCUREMENT OF COMMUNICATIONS SUPPORT AND

5 RELATED SUPPLIES AND SERVICES.—Section

6 2350f(d)(1)(B) is amended by striking ‘‘or the Republic of

7 Korea’’ and inserting ‘‘the Republic of Korea, Poland, Hun8 gary, or the Czech Republic’’.

9 (g) STANDARDIZATION OF EQUIPMENT WITH NORTH

10 ATLANTIC TREATY ORGANIZATION MEMBERS.—Section

11 2457 of title 10, United States Code, is amended by adding

12 at the end the following new subsection:

13 ‘‘(g) It is the sense of the Congress that in the interest

14 of maintaining stability and promoting democracy in East15 ern Europe, Poland, Hungary, and the Czech Republic,

16 those countries should, on and after the date of enactment

17 of this subsection, be included in all activities under this

18 section related to the increased standardization and en19 hanced interoperability of equipment and weapons systems,

20 through coordinated training and procurement activities,

21 as well as other means, undertaken by the North Atlantic

22 Treaty Organization members and other allied countries.’’.

23 (h) INCLUSION OF OTHER EUROPEAN COUNTRIES

24 EMERGING FROM COMMUNIST DOMINATION.—The Presi25 dent should recommend legislation to the Congress making
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1 eligible under the provisions of law amended by this section

2 such other European countries emerging from communist

3 domination as the President may determine if such coun4 tries—

5 (1) have made significant progress toward estab6 lishing democratic institutions, free market econo7 mies, civilian control of their armed forces, and the

8 rule of law; and

9 (2) are likely, within 5 years of such determina10 tion, to be in a position to further the principles of

11 the North Atlantic Treaty and to contribute to the se12 curity of the North Atlantic area.

13 Ω163æGAZA AND JERICHO

14 SEC. 599I. (a) None of the funds appropriated by this

15 or any other Act may be obligated or expended to create

16 in any part of Jerusalem a new office of any department

17 or agency of the United States Government for the purpose

18 of conducting official United States Government business

19 with the Palestinian Authority over Gaza and Jericho or

20 any successor Palestinian governing entity provided for in

21 the Israel-PLO Declaration of Principles; and

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

23 Act may be obligated or expended for any officer or em24 ployee of the United States Government to meet in any part

25 of Jerusalem with any official of the Palestinian Authority
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1 over Gaza and Jericho or any successor Palestinian govern2 ing entity provided for in the Israel-PLO Declaration of

3 Principles for the purpose of conducting official United

4 States Government business with such Palestinian Author5 ity.

6 Ω164æINTERNATIONAL TERRORISM

7 SEC. 599J. (a) POLICY REGARDING PROVIDING INFOR8 MATION TO VICTIMS OF INTERNATIONAL TERRORISM.—It is

9 the sense of the Senate that—

10 (1) in order to assist the families of United

11 States citizens who have been the victims of terrorist

12 acts, United States Government agencies should pro13 vide or facilitate the acquisition of evidence relevant

14 to the actions brought by American citizens against

15 states that support terrorist acts or against individ16 uals accused of committing terrorist acts.

17 (2) the United States Government should cooper18 ate with United States citizens to the extent that such

19 cooperation does not significantly prejudice a pending

20 criminal investigation or prosecution, or threaten na21 tional security interests of the United States.

22 (b) REPORT ON STATUS OF EFFORTS OF UNITED

23 STATES AGENCIES TO ASSIST AND PROVIDE INFORMATION

24 TO VICTIMS OF INTERNATIONAL TERRORISM.—Provided

25 further, That:
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1 (1) The Secretary of State, in consultation with

2 the Attorney General, should provide a report to the

3 appropriate committees of Congress within 30 days

4 on United States agencies’ efforts to provide informa5 tion and assistance to the families of the victims of

6 Pan Am Flight 103.

7 (2) The report should include a description of ef8 forts to criminally prosecute those responsible for the

9 bombing of Pan Am Flight 103 and efforts to provide

10 information in civil actions against states that sup11 port terrorism or individuals who commit terrorist

12 acts.

13 Ω165æRUSSIAN CHEMICAL AND BIOLOGICAL WEAPONS

14 PRODUCTION

15 SEC. 599K. None of the funds appropriated or other16 wise made available under this Act may be made available

17 for Russia (other than humanitarian assistance) unless the

18 President has certified annually to the Congress in advance

19 of the obligation or expenditure of such funds that Russia

20 has demonstrated a commitment to comply with the Con21 vention on the Prohibition of the Development, Production

22 and Stockpiling of Bacteriological (Biological) and Toxin

23 Weapons and, upon Russian ratification and entry into

24 force, the Convention on the Prohibition of the Development,

25 Production, Stockpiling and Use of Chemical Weapons and
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1 on Their Destruction, and the Wyoming ‘‘Memorandum of

2 Understanding Regarding a Bilateral Verification Experi3 ment and Data Exchange Related to Prohibition of Chemi4 cal Weapons’’ (including the disclosure of the existence of

5 its binary chemical weapons activities).

6 Ω166æLIMITATION ON THE USE OF FUNDS FOR THE

7 GOVERNMENT OF COLOMBIA

8 SEC. 599L. None of the funds appropriated by this Act

9 shall be obligated or expended for the Government of Colom10 bia unless the President determines and certifies that the

11 Government of Colombia is taking actions to—

12 (1) fully investigate accusations of corruption by

13 the narcotics cartels involving senior officials of the

14 Government of Colombia;

15 (2) implement the legal and law enforcement

16 steps necessary to eliminate, to the maximum extent

17 possible, bribery and other forms of public corruption;

18 (3) reduce illicit drug production to the maxi19 mum extent which were determined to be achievable

20 during the fiscal year;

21 (4) significantly disrupt the operations of the

22 narcotics cartels; and

23 (5) investigate all cases in which any senior Co24 lombian official is accused or implicated in engaging

25 in, encouraging, or facilitating the illicit production
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1 or distribution of narcotic and psychotropic drugs or

2 other controlled substances.

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

4 Export Financing, and Related Programs Appropriations

5 Act, 1995’’.

Amend the title so as to read: ‘‘An Act making appropriations for foreign operations, export financing, and

related programs for the fiscal year ending September

30, 1995, and for other purposes.’’.

Passed the House of Representatives May 25, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.

Passed the Senate July 15 (legislative day, July 11),

1994.

Attest: MARTHA A. POPE,

Secretary.

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