Calendar No. 471

103D CONGRESS

2D SESSION H. R. 4426

[Report No. 103–287]

AN ACT

Making appropriations for foreign operations, excal year ending September 30, 1995. port financing, and related programs for the fisJUNE 8 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on

Appropriations

JUNE 16 (legislative day, JUNE 7), 1994

Reported with amendments and an amendment to the

title
II

Calendar No. 471

103D CONGRESS

2D SESSION H. R. 4426

[Report No. 103–287]

IN THE SENATE OF THE UNITED STATES

JUNE 8 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on Appropriations

JUNE 16 (legislative day, JUNE 7), 1994

Reported by Mr. LEAHY, with amendments and an amendment to the title

[Omit the part struck through and insert the part printed in italic]

AN ACT

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

September 30, 1995.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for for5 eign operations, export financing, and related programs

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

7 other purposes, namely:
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1 TITLE I—MULTILATERAL ECONOMIC

2 ASSISTANCE

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL FINANCIAL INSTITUTIONS

5 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

6 RECONSTRUCTION AND DEVELOPMENT

7 For payment to the International Bank for Recon8 struction and Development by the Secretary of the Treas9 ury, for the United States share of the paid-in share por10 tion of the increases in capital stock for the General Cap11 ital Increase, $23,009,101, to remain available until ex12 pended: Provided, That one quarter of such funds may be

13 obligated only after April 1, 1995: Provided further, That

14 one quarter of such funds may be obligated only after Sep15 tember 1, 1995: Provided further, That not more than twen16 ty-one days prior to the obligation of each such sum, the

17 Secretary shall submit a certification to the Committees on

18 Appropriations that the Bank has not approved any loans

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

20 States certifies that withholding of these funds is contrary

21 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), $88,800,000 $98,800,000, to re7 main 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, $1,235,000,000

12 $1,207,750,000, for the United States contribution to the

13 replenishment, to remain available until expended.

14 CONTRIBUTION TO THE INTERNATIONAL FINANCE

15 CORPORATION

16 For payment to the International Finance Corpora17 tion by the Secretary of the Treasury, $68,743,028, for

18 the United States share of the increase in subscriptions

19 to capital stock, to remain available until expended: Pro20 vided, That of the amount appropriated under this head21 ing not more than $5,364,000 may be expended for the

22 purchase of such stock in fiscal year 1995.

23 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

24 BANK

25 For payment to the Inter-American Development

26 Bank by the Secretary of the Treasury, for the United
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1 States share of the paid-in share portion of the increase

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

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

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

5 States share of the capital stock of the Inter-American In6 vestment Corporation, $190,000, to remain available until

7 expended:–Provided, That $25,269,224 of the amount

8 made available for the paid-in share portion of the in9 crease in capital stock, and $20,317,000 of the resources

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

11 regular notification procedures of the Committees on Ap12 propriations.

13 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

14 The United States Governor of the Inter-American

15 Development Bank may subscribe without fiscal year limi16 tation to the callable capital portion of the United States

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

18 $1,594,568,180.
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1 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

2 MULTILATERAL INVESTMENT FUND

3 For payment to the Enterprise for the Americas Mul4 tilateral Investment Fund by the Secretary of the Treas5 ury, for the United States contribution to the Fund to

6 be administered by the Inter-American Development

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

8 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

9 For the United States contribution by the Secretary

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

11 Development Fund, as authorized by the Asian Devel12 opment Bank Act, as amended (Public Law 89–369),

13 $167,960,000, to remain available until expended.

14 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

15 For payment to the African Development Fund by

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

17 United States contribution to the African Development

18 Fund, to remain available until expended:–Provided, That

19 of the funds appropriated under this heading,

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

21 procedures of the Committees on Appropriations.

22 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

23 For payment to the African Development Bank by

24 the Secretary of the Treasury, for the paid-in share por25 tion of the United States share of the increase in capital

26 stock, $133,000, to remain available until expended.
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1 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

2 The United States Governor of the African Develop3 ment Bank may subscribe without fiscal year limitation

4 to the callable capital portion of the United States share

5 of such capital stock in an amount not to exceed

6 $2,002,540.

7 CONTRIBUTION TO THE EUROPEAN BANK FOR

8 RECONSTRUCTION AND DEVELOPMENT

9 For payment to the European Bank for Reconstruc10 tion and Development by the Secretary of the Treasury,

11 $69,180,353, for the United States share of the paid-in

12 share portion of the initial capital subscription, to remain

13 available until expended: Provided, That during fiscal year

14 1995 the number of shares of stock purchased shall be

15 not more than 600.

16 LIMITATION OF CALLABLE CAPITAL SUBSCRIPTIONS

17 The United States Governor of the European Bank

18 for Reconstruction and Development may subscribe with19 out fiscal year limitation to the callable capital portion of

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

21 not to exceed $161,420,824.

22 CONTRIBUTION TO THE ENHANCED STRUCTURAL ADJUST23 MENT FACILITY OF THE INTERNATIONAL MONETARY

24 FUND

25 For payment to the Interest Subsidy Account of the

26 Enhanced Structural Adjustment Facility of the Inter-
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1 national Monetary Fund, $25,000,000, to remain available

2 until expended.

3 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

4 For necessary expenses to carry out the provisions

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

6 of section 2 of the United Nations Environment Program

7 Participation Act of 1973, $366,000,000 $382,000,000:

8 Provided, That none of the funds appropriated under this

9 heading shall be made available for the United Nations

10 Fund for Science and Technology: Provided further, That

11 funds appropriated under this heading may be made avail12 able for the International Atomic Energy Agency only if

13 the Secretary of State determines (and so reports to the

14 Congress) that Israel is not being denied its right to par15 ticipate in the activities of that Agency: Provided further,

16 That of the funds appropriated under this heading that

17 are made available for the United Nations Children’s

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

19 expended no later than thirty days after the date of enact20 ment of this Act and 25 per centum shall be expended

21 within thirty days from the start of UNICEF’s fourth

22 quarter of operations for 1995: Provided further, That

23 none of the funds appropriated under this heading that

24 are made available to the United Nations Population Fund

25 (UNFPA) shall be made available for activities in the Peo26 ple’s Republic of China: Provided further, That not more
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1 than $40,000,000 $60,000,000 of the funds appropriated

2 under this heading may be made available to the UNFPA:

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

4 amount may be provided to UNFPA before March 1,

5 1995, and that no later than February 15, 1995, the Sec6 retary of State shall submit a report to the Committees

7 on Appropriations indicating the amount UNFPA is budg8 eting for the People’s Republic of China in 1995: Provided

9 further, That any amount UNFPA plans to spend in the

10 People’s Republic of China in 1995 above $7,000,000,

11 shall be deducted from the amount of funds provided to

12 UNFPA after March 1, 1995 pursuant to the previous

13 provisos: Provided further, That with respect to any funds

14 appropriated under this heading that are made available

15 to UNFPA, UNFPA shall be required to maintain such

16 funds in a separate account and not commingle them with

17 any other funds:–Provided further, That notwithstanding

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

19 to initiate a new program in China after its current pro20 gram ends in 1995, up to an additional $20,000,000 of

21 funds appropriated under this heading may be made avail22 able to UNFPA.
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1 TITLE II—BILATERAL ECONOMIC ASSISTANCE

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 For expenses necessary to enable the President to

4 carry out the provisions of the Foreign Assistance Act of

5 1961, and for other purposes, to remain available until

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

7 follows:

8 AGENCY FOR INTERNATIONAL DEVELOPMENT

9 DEVELOPMENT ASSISTANCE FUND

10 For necessary expenses to carry out the provisions

11 of sections 103 through 106 of the Foreign Assistance Act

12 of 1961, $811,000,000 $882,000,000, to remain available

13 until September 30, 1996: Provided, That of the funds ap14 propriated under this title under the heading ‘‘Agency for

15 International Development’’, (1) not less than $285,000,000

16 shall be made available for activities which have as their

17 objective the reduction of childhood mortality, including

18 such activities as immunization programs, oral rehydration

19 programs, and education programs which address improved

20 nutrition, and water and sanitation programs, (2) not less

21 than $135,000,000 shall be made available for basic edu22 cation programs, and (3) not less than $25,000,000 shall

23 be made available for micronutrient programs: Provided

24 further, That of the funds appropriated under this heading,

25 not less than $1,000,000 shall be made available for support
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1 of displaced Burmese including for cross border activities:

2 Provided further, That of the funds appropriated under this

3 heading, not less than $600,000 shall be available to support

4 parliamentary training and democracy programs in the

5 People’s Republic of China: Provided further, That the

6 Agency for International Development shall make funds

7 available for the activities described in the previous proviso

8 on a grant basis to the International Republican Institute

9 and the National Democratic Institute, notwithstanding

10 any other provision of law.

11 POPULATION, DEVELOPMENT ASSISTANCE

12 For necessary expenses to carry out the provisions

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

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

15 made available in this Act nor any unobligated balances

16 from prior appropriations may be made available to any

17 organization or program which, as determined by the

18 President of the United States, supports or participates

19 in the management of a program of coercive abortion or

20 involuntary sterilization: Provided further, That none of

21 the funds made available under this heading may be used

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

23 family planning or to motivate or coerce any person to

24 practice abortions; and that in order to reduce reliance

25 on abortion in developing nations, funds shall be available

26 only to voluntary family planning projects which offer, ei-
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1 ther directly or through referral to, or information about

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

3 services: Provided further, That in awarding grants for

4 natural family planning under section 104 of the Foreign

5 Assistance Act of 1961 no applicant shall be discriminated

6 against because of such applicant’s religious or conscien7 tious commitment to offer only natural family planning;

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

9 requirements of the previous proviso: Provided further,

10 That for purposes of this or any other Act authorizing or

11 appropriating funds for foreign operations, export financ12 ing, and related programs, the term ‘‘motivate’’, as it re13 lates to family planning assistance, shall not be construed

14 to prohibit the provision, consistent with local law, of infor15 mation or counselling about, or referral for, all pregnancy

16 options including abortion: Provided further, That nothing

17 in this subsection shall be construed to alter any existing

18 statutory prohibitions against abortion under section 104

19 of the Foreign Assistance Act of 1961.

20 DEVELOPMENT FUND FOR AFRICA

21 For necessary expenses to carry out the provisions

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

23 1961, $790,000,000 $802,000,000, to remain available

24 until September 30, 1996: Provided, That none of the

25 funds appropriated by this Act to carry out chapters 1

26 and 10 of part I of the Foreign Assistance Act of 1961
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1 shall be transferred to the Government of Zaire: Provided

2 further, That funds appropriated under this heading which

3 are made available for activities supported by the South4 ern Africa Development Community shall be made avail5 able notwithstanding section 512 of this Act and section

6 620(q) of the Foreign Assistance Act of 1961.

7 PRIVATE AND VOLUNTARY ORGANIZATIONS

8 None of the funds appropriated or otherwise made

9 available by this Act for development assistance may be

10 made available to any United States private and voluntary

11 organization, except any cooperative development organi12 zation, which obtains less than 20 per centum of its total

13 annual funding for international activities from sources

14 other than the United States Government: Provided, That

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

16 Foreign Assistance Act of 1961 and the provisions on pri17 vate and voluntary organizations in title II of the ‘‘Foreign

18 Assistance and Related Programs Appropriations Act,

19 1985’’ (as enacted in Public Law 98–473) shall be super20 seded by the provisions of this section.

21 INTERNATIONAL DISASTER ASSISTANCE

22 For necessary expenses for international disaster re23 lief, rehabilitation, and reconstruction assistance pursuant

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

25 amended, $169,998,000 to remain available until ex26 pended.
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1 DEBT RESTRUCTURING

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

3 Budget Enforcement Act of 1990, of modifying direct

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

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

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

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

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

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

18 MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM

19 ACCOUNT

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

23 such costs shall be as defined in section 502 of the Con24 gressional Budget Act of 1974: Provided further, That

25 guarantees of loans made under this heading in support

26 of microenterprise activities may guarantee up to 70 per-
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1 cent of the principal amount of any such loans notwith2 standing section 108 of the Foreign Assistance Act of 1961.

3 In addition, for administrative expenses to carry out pro4 grams under this heading, $500,000, all of which may be

5 transferred to and merged with the appropriation for Op6 erating Expenses of the Agency for International Develop7 ment.

8 HOUSING GUARANTY PROGRAM ACCOUNT

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

10 the Budget Enforcement Act of 1990, of guaranteed loans

11 authorized by sections 221 and 222 of the Foreign Assist12 ance Act of 1961, $19,300,000: Provided, That these

13 funds are available to subsidize loan principal, 100 percent

14 of which shall be guaranteed, pursuant to the authority

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

16 enter into commitments to guarantee such loans in the

17 full amount provided under this heading, subject to the

18 availability of qualified applicants for such guarantees. In

19 addition, for administrative expenses to carry out guaran20 teed loan programs, $8,000,000, all of which may be

21 transferred to and merged with the appropriation for Op22 erating Expenses of the Agency for International Develop23 ment: Provided further, That commitments to guarantee

24 loans under this heading may be entered into notwith25 standing the second and third sentences of section 222(a)

26 and, with regard to programs for Eastern Europe and pro-
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1 grams for the benefit of South Africans disadvantaged by

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

3 1961: Provided further, That none of the funds appro4 priated under this heading shall be obligated except

5 through the regular notification procedures of the Com6 mittees on Appropriations.

7 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

8 DISABILITY FUND

9 For payment to the ‘‘Foreign Service Retirement and

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

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

12 OPERATING EXPENSES OF THE AGENCY FOR

13 INTERNATIONAL DEVELOPMENT

14 For necessary expenses to carry out the provisions

15 of section 667, $517,500,000 $517,800,000:–Provided,

16 That of this amount not more than $900,000 may be

17 made available to pay for printing costs.

18 OPERATING EXPENSES OF THE AGENCY FOR INTER19 NATIONAL DEVELOPMENT OFFICE OF INSPECTOR

20 GENERAL

21 For necessary expenses to carry out the provisions

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

23 for the Office of the Inspector General of the Agency for

24 International Development.
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1 ECONOMIC SUPPORT FUND

2 For necessary expenses to carry out the provisions

3 of chapter 4 of part II, $2,339,000,000 $2,359,200,000,

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

5 That any funds appropriated under this heading that are

6 made available for Israel shall be made available on a

7 grant basis as a cash transfer and shall be disbursed with8 in thirty days of enactment of this Act or by October 31,

9 1994, whichever is later: Provided further, That any funds

10 appropriated under this heading that are made available

11 for Egypt shall be provided on a grant basis, of which sum

12 cash transfer assistance may be provided with the under13 standing that Egypt will undertake significant economic

14 reforms which are additional to those which were under15 taken in previous fiscal years: Provided, That of the funds

16 appropriated under this heading, not less than

17 $1,200,000,000 shall be available only for Israel, which sum

18 shall be available on a grant basis as a cash transfer and

19 shall be disbursed within thirty days of enactment of this

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

21 further, That not less than $815,000,000 shall be available

22 only for Egypt, which sum shall be provided on a grant

23 basis, and of which sum cash transfer assistance may be

24 provided, with the understanding that Egypt will undertake

25 significant economic reforms which are additional to those
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1 which were undertaken in previous fiscal years, and of

2 which not less than $200,000,000 shall be provided as Com3 modity Import Program assistance: Provided further, That

4 in exercising the authority to provide cash transfer assist5 ance for Israel and Egypt, the President shall ensure that

6 the level of such assistance does not cause an adverse im7 pact on the total level of nonmilitary exports from the

8 United States to each such country: Provided further, That

9 it is the sense of the Congress that the recommended levels

10 of assistance for Egypt and Israel are based in great

11 measure upon their continued participation in the Camp

12 David Accords and upon the Egyptian-Israeli peace treaty:

13 Provided further, That none of the funds appropriated

14 under this heading shall be made available for Zaire: Pro15 vided further, That not more than $50,000,000 of the funds

16 appropriated under this heading may be made available to

17 finance tied-aid credits, unless the President determines it

18 is in the national interest to provide in excess of

19 $50,000,000 and so notifies the Committees on Appropria20 tions through the regular notification procedures of the

21 Committees on Appropriations: Provided further, That

22 none of the funds made available or limited by this Act

23 may be used for tied-aid credits or tied-aid grants except

24 through the regular notification procedures of the Commit25 tees on Appropriations: Provided further, That none of the
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1 funds appropriated by this Act to carry out the provisions

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

3 Act of 1961 may be used for tied-aid credits: Provided fur4 ther, That as used in this heading the term ‘‘tied-aid cred5 its’’ means any credit, within the meaning of section

6 15(h)(1) of the Export-Import Bank Act of 1945, which is

7 used for blended or parallel financing, as those terms are

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

9 Act: Provided further, That not less than $15,000,000 of the

10 funds appropriated under this heading shall be made avail11 able for Cyprus to be used only for scholarships,

12 bicommunal projects, and measures aimed at the reunifica13 tion of the island and designed to reduce tensions, and pro14 mote peace and cooperation between the two communities

15 on Cyprus: Provided further, That not less than $7,000,000

16 of the funds appropriated under this heading shall be avail17 able only for the Middle East Regional Cooperation Pro18 gram.

19 INTERNATIONAL FUND FOR IRELAND

20 For necessary expenses to carry out the provisions

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

22 $19,600,000 $15,000,000, which shall be available for the

23 United States contribution to the International Fund for

24 Ireland and shall be made available in accordance with the

25 provisions of the Anglo-Irish Agreement Support Act of

26 1986 (Public Law 99–415): Provided, That such amount
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1 shall be expended at the minimum rate necessary to make

2 timely payment for projects and activities: Provided fur3 ther, That funds made available under this heading shall

4 remain available until expended.

5 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

6 STATES

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

8 of the Foreign Assistance Act of 1961 and the Support

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

10 $360,000,000 $359,000,000, to remain available until ex11 pended, which shall be available, notwithstanding any

12 other provision of law, for economic assistance and for re13 lated programs for Eastern Europe and the Baltic States.

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

15 appropriations Acts that are or have been made available

16 for an Enterprise Fund may be deposited by such Fund

17 in interest-bearing accounts prior to the Fund’s disburse18 ment of such funds for program purposes. The Fund may

19 retain for such program purposes any interest earned on

20 such deposits without returning such interest to the Treas21 ury of the United States and without further appropria22 tion by the Congress. Funds made available for Enterprise

23 Funds shall be expended at the minimum rate necessary

24 to make timely payment for projects and activities.

25 (c) Funds appropriated under this heading shall be

26 considered to be economic assistance under the Foreign
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1 Assistance Act of 1961 for purposes of making available

2 the administrative authorities contained in that Act for

3 the use of economic assistance.

4 ASSISTANCE FOR THE NEW INDEPENDENT STATES OF

5 THE FORMER SOVIET UNION

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

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

8 1961 and the FREEDOM Support Act, for assistance for

9 the new independent states of the former Soviet Union

10 and for related programs, $875,500,000 $839,000,000, to

11 remain available until expended: Provided, That the provi12 sions of 498B(j) of the Foreign Assistance Act of 1961

13 shall apply to funds appropriated by this paragraph.

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 relief:–Provided further, That thirty days after the

18 date of enactment of this Act, and then annually there19 after, the Secretary of State shall report to the Commit20 tees on Appropriations on steps taken by the governments

21 of the new independent states concerning violations re22 ferred to in this subsection: Provided further, That in pre23 paring 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 reprogramming notification proce12 dures of the Committees on Appropriations.

13 (g) Funds appropriated under this heading may be

14 made available for assistance for Mongolia.

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

16 to the new independent states of the former Soviet Union

17 shall be provided to the maximum extent feasible through

18 the private sector, including private voluntary organiza19 tions and nongovernmental organizations functioning in

20 the new independent states.

21 (i) Of the funds appropriated under this heading,

22 $15,000,000 shall be available only for a family planning

23 program for the new independent states of the former Soviet

24 Union comparable to the family planning program cur25 rently administered by the Agency for International Devel-
23

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1 opment in the Central Asian Republics and focusing on

2 population assistance which provides an alternative to

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

4 be available only for such a family planning program in

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

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

7 $6,000,000 shall be available only for such a family plan8 ning program in the Central Asian Republics.

9 (j) Of the funds appropriated under this heading, not

10 less than $150,000,000 shall be available for programs for

11 Ukraine: Provided, That of these funds not less than

12 $25,000,000 shall be made available for land privatization

13 activities and development of small and medium size busi14 nesses, including agriculture enterprises.

15 (k) Not less than $75,000,000 of the funds appro16 priated under this heading shall be available for programs

17 and activities for Armenia.

18 (l) Not less than $50,000,000 of the funds appropriated

19 under this heading shall be made available for programs

20 for Georgia.

21 (m) Every 180 days, the Administrator for the Agency

22 for International Development shall provide the Committees

23 on Appropriations with a report listing grants and con24 tracts issued from funds under this heading including the

25 type, amount and country where assistance is expended.
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1 INDEPENDENT AGENCIES

2 AFRICAN DEVELOPMENT FOUNDATION

3 For necessary expenses to carry out the provisions

4 of title V of the International Security and Development

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

6 make such contracts and commitments without regard to

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

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

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

11 are invested pending disbursement, the resulting interest

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

15 this provision applies with respect to both interest earned

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

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

19 exceptional circumstances the board of directors of the

20 Foundation may waive the dollar limitation contained in

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

22 That the Foundation shall provide a report to the Com23 mittees on Appropriations after each time such waiver au24 thority is exercised.
25

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1 INTER-AMERICAN FOUNDATION

2 For expenses necessary to carry out the functions of

3 the Inter-American Foundation in accordance with the

4 provisions of section 401 of the Foreign Assistance Act

5 of 1969, and to make such contracts and commitments

6 without regard to fiscal year limitations, as provided by

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

8 PEACE CORPS

9 For expenses necessary to carry out the provisions

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

11 $221,745,000, including the purchase of not to exceed five

12 passenger motor vehicles for administrative purposes for

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

14 the funds appropriated under this heading shall be used

15 to pay for abortions: Provided further, That funds appro16 priated under this heading shall remain available until

17 September 30, 1996.

18 DEPARTMENT OF STATE

19 INTERNATIONAL NARCOTICS CONTROL

20 For necessary expenses to carry out the provisions

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

22 $115,000,000 $100,000,000: Provided, That during fiscal

23 year 1995, the Department of State may also use the au24 thority of section 608 of the Foreign Assistance Act of 1961,

25 without regard to its restrictions, to receive non-lethal excess

26 property from an agency of the United States Government
26

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1 for the purpose of providing it to a foreign country under

2 chapter 8 of part I of that Act subject to the regular notifi3 cation procedures of the Committees on Appropriations:

4 Provided further, That notwithstanding sections 489A and

5 490A of the Foreign Assistance Act of 1961 and any ref6 erence in any provision of law to such sections, and not7 withstanding section 6(a) of the International Narcotics

8 Control Act of 1992, the provisions of sections 489 and 490

9 of the Foreign Assistance Act of 1961 shall apply during

10 fiscal year 1995.

11 MIGRATION AND REFUGEE ASSISTANCE

12 For expenses, not otherwise provided for, necessary

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

14 by law, a contribution to the International Committee of

15 the Red Cross and assistance to refugees, including con16 tributions to the Intergovernmental Committee for Migra17 tion and the United Nations High Commissioner for Refu18 gees; salaries and expenses of personnel and dependents

19 as authorized by the Foreign Service Act of 1980; allow20 ances as authorized by sections 5921 through 5925 of title

21 5, United States Code; hire of passenger motor vehicles;

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

23 United States Code, $670,688,000 $671,000,000: Pro24 vided, That not more than $11,500,000 of the funds ap25 propriated under this heading shall be available for the

26 administrative expenses of the Office of Refugee Programs
27

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1 of the Department of State: Provided further, That not less

2 than $80,000,000 shall be made available for refugees from

3 the former Soviet Union and Eastern Europe and other ref4 ugees resettling in Israel.

5 REFUGEE RESETTLEMENT ASSISTANCE

6 For necessary expenses for the targeted assistance

7 program authorized by title IV of the Immigration and

8 Nationality Act and section 501 of the Refugee Education

9 Assistance Act of 1980 and administered by the Office of

10 Refugee Resettlement of the Department of Health and

11 Human Services, in addition to amounts otherwise avail12 able for such purposes, $12,000,000.

13 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

14 ASSISTANCE FUND

15 For necessary expenses to carry out the provisions

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

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

18 $50,000,000, to remain available until expended: Pro19 vided, That the funds made available under this heading

20 are appropriated notwithstanding the provisions contained

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

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

23 could be appropriated for this purpose.
28

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1 ANTI-TERRORISM ASSISTANCE

2 For necessary expenses to carry out the provisions

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

4 1961, $15,244,000.

5 NONPROLIFERATION AND DISARMAMENT FUND

6 For necessary expenses for a ‘‘Nonproliferation and

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

8 until expended, to promote bilateral and multilateral ac9 tivities: Provided, That such funds may be used pursuant

10 to the authorities contained in section 504 of the FREE11 DOM Support Act: Provided further, That such funds may

12 also be used for such countries other than the new inde13 pendent states of the former Soviet Union and inter14 national organizations when it is in the national security

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

16 That funds appropriated under this heading may be made

17 available notwithstanding any other provision of law: Pro18 vided further, That funds appropriated under this heading

19 shall be subject to the regular notification procedures of

20 the Committees on Appropriations.

21 TITLE III—MILITARY ASSISTANCE

22 FUNDS APPROPRIATED TO THE PRESIDENT

23 INTERNATIONAL MILITARY EDUCATION AND TRAINING

24 For necessary expenses to carry out the provisions

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

26 $25,500,000: Provided, That up to $300,000 of the funds
29

HR 4426 RS

1 appropriated under this heading may be made available

2 for grant financed military education and training for any

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

4 the condition that that country agrees to fund from its

5 own resources the transportation cost and living allow6 ances of its students: Provided further, That the civilian

7 personnel for whom military education and training may

8 be provided under this heading may also include members

9 of national legislatures who are responsible for the over10 sight and management of the military, and may also in11 clude individuals who are not members of a government:

12 Provided further, That none of the funds appropriated

13 under this heading shall be available for Indonesia, Rwan14 da and Zaire: Provided further, That none of the funds

15 appropriated by this Act shall be used to facilitate the pro16 vision of IMET to Indonesia: Provided further, That a re17 port is to be submitted to the Committees on Appropria18 tions addressing how the proposed School of the Americas

19 IMET program for fiscal year 1995 will contribute to the

20 promotion of human rights, respect for civilian authority

21 and the rule of law, the establishment of legitimate judicial

22 mechanisms for the military, and achieving the goal of

23 right sizing military forces: Provided further, That none

24 of the funds appropriated under this heading may be made

25 available for Thailand or Algeria except through the regular
30

HR 4426 RS

1 notification procedures of the Committees on Appropria2 tions: Provided further, That the Secretary of State shall

3 submit, by February 1, 1995, a report to the Committees

4 on Appropriations on the Thai military’s support for the

5 Khmer Rouge and the Thai Government’s efforts to impede

6 support for Burmese democracy advocates, exiles, and refu7 gees.

8 MILITARY-TO-MILITARY CONTACT PROGRAM

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

10 contact program of the Department of Defense,

11 $12,000,000, to: Provided, That of this amount, $2,800,000

12 shall be made available only for activities in the area of

13 responsibility of the United States Pacific Command and

14 $9,200,000 shall be made available only for activities for

15 East European countries and the Baltic States.

16 FOREIGN MILITARY FINANCING PROGRAM

17 For expenses necessary for grants to enable the

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

19 Arms Export Control Act, $3,149,279,000

20 $3,151,279,000:–Provided, That funds appropriated by this

21 paragraph that are made available for Israel and Egypt

22 shall be available only as grants: Provided further, That

23 the funds appropriated by this paragraph that are made

24 available for Israel shall be disbursed within thirty days

25 of enactment of this Act or by October 31, 1994, which26 ever is later: Provided, That of the funds appropriated by
31

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1 this paragraph not less than $1,800,000,000 shall be avail2 able for grants only for Israel, and not less than

3 $1,300,000,000 shall be available for grants only for Egypt:

4 Provided further, That the funds appropriated by this para5 graph for Israel shall be disbursed within thirty days of

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

7 is later: Provided further, That to the extent that the Gov8 ernment of Israel requests that funds be used for such pur9 poses, grants made available for Israel by this paragraph

10 shall, as agreed by Israel and the United States, be avail11 able for advanced fighter aircraft programs or for other ad12 vanced weapons systems, as follows: (1) up to $150,000,000

13 shall be available for research and development in the

14 United States; and (2) not less than $475,000,000 shall be

15 available for the procurement in Israel of defense articles

16 and defense services, including research and development:

17 Provided further, That funds made available under this

18 paragraph shall be nonrepayable notwithstanding any re19 quirement in section 23 of the Arms Export Control Act.

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

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

24 these funds are available to subsidize gross obligations for

25 the principal amount of direct loans of not to exceed
32

HR 4426 RS

1 $619,650,000: Provided further, That the rate of interest

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

3 average market yield on outstanding marketable obliga4 tions of the United States of comparable maturities: Pro5 vided further, That the principal amount of direct loans

6 for Greece and Turkey shall be made available according

7 to a 7 to 10 ratio: Provided further, That funds appro8 priated under this heading shall be made available for

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

10 amount of direct loans for each country shall not exceed

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

12 $364,500,000 only for Turkey: Provided further, That 25

13 percent of the principal amount of direct loans for Turkey

14 shall be withheld until the Secretary of State, in consulta15 tion with the Secretary of Defense, has submitted to the

16 Committees on Appropriations a report addressing, among

17 other things, the allegations of abuses against civilians by

18 the Turkish armed forces and the situation in Cyprus, and

19 a separate notification has been submitted at least 15 days

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

21 That 25 percent of the principal amount of direct loans

22 for Greece shall be withheld until the Secretary of State

23 has submitted to the Committees on Appropriations a re24 port on the allegations of Greek violations of the United

25 Nations sanctions against Serbia and of the United Na-
33

HR 4426 RS

1 tions Charter, and a separate notification has been sub2 mitted at least 15 days prior to the obligation of such

3 funds Provided further, That any agreement for the sale

4 or provision of any equipment on the United States Muni5 tions List (established pursuant to section 38 of the Arms

6 Export Control Act) to Turkey that is entered into by the

7 United States during fiscal year 1995 shall expressly state

8 that the equipment is being provided by the United States

9 only with the understanding that it will not be used for

10 internal security purposes: Provided further, That any

11 agreement for the sale or provision of any equipment on

12 the United States Munitions List (established pursuant to

13 section 38 of the Arms Export Control Act) to Greece that

14 is entered into by the United States during fiscal year 1995,

15 shall expressly state that the equipment is being provided

16 by the United States only with the understanding that it

17 will not be used in violation of the United Nations sanctions

18 against Serbia or the United Nations Charter.

19 None of the funds made available under this heading

20 shall be available to finance the procurement of defense

21 articles, defense services, or design and construction serv22 ices that are not sold by the United States Government

23 under the Arms Export Control Act unless the foreign

24 country proposing to make such procurements has first

25 signed an agreement with the United States Government
34

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1 specifying the conditions under which such procurements

2 may be financed with such funds: Provided, That all coun3 try and funding level increases in allocations shall be sub4 mitted through the regular notification procedures of sec5 tion 515 of this Act: Provided further, That funds made

6 available under this heading shall be obligated upon appor7 tionment in accordance with paragraph (5)(C) of title 31,

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

9 That none of the funds appropriated under this heading

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

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

12 funds appropriated under this heading may be made avail13 able for Colombia or Bolivia until the Secretary of State

14 certifies that such funds will be used by such country pri15 marily for counternarcotics activities: Provided further,

16 That funds made available under this heading may be used,

17 notwithstanding any other provision of law, for demining

18 activities, and may include activities implemented through

19 nongovernmental and international organizations: Pro20 vided further, That any agreement for the sale or provision

21 of any equipment on the United States Munitions List (es22 tablished pursuant to section 38 of the Arms Export Control

23 Act) to Indonesia that is entered into by the United States

24 during fiscal year 1995 shall expressly state the understand25 ing that the equipment may not be used in East Timor:
35

HR 4426 RS

1 Provided further, That not more than $100,000,000 of the

2 funds made available under this heading shall be available

3 for use in financing the procurement of defense articles,

4 defense services, or design and construction services that

5 are not sold by the United States Government under the

6 Arms Export Control Act to countries other than Israel

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

8 which assistance was justified for the ‘‘Foreign Military

9 Sales Financing Program’’ in the fiscal year 1989 con10 gressional presentation for security assistance programs

11 may utilize funds made available under this heading for

12 procurement of defense articles, defense services or design

13 and construction services that are not sold by the United

14 States Government under the Arms Export Control Act:

15 Provided further, That, subject to the regular notification

16 procedures of the Committees on Appropriations, funds

17 made available under this heading for the cost of direct

18 loans may also be used to supplement the funds available

19 under this heading for necessary expenses for grants if

20 countries specified under this heading as eligible for such

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

22 That funds appropriated under this heading shall be ex23 pended at the minimum rate necessary to make timely

24 payment for defense articles and services: Provided fur25 ther, That the Department of Defense shall conduct dur-
36

HR 4426 RS

1 ing the current fiscal year nonreimbursable audits of pri2 vate firms whose contracts are made directly with foreign

3 governments and are financed with funds made available

4 under this heading (as well as subcontractors thereunder)

5 as requested by the Defense Security Assistance Agency:

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

7 funds appropriated under this heading may be obligated

8 for necessary expenses, including the purchase of pas9 senger motor vehicles for replacement only for use outside

10 of the United States, for the general costs of administer11 ing military assistance and sales: Provided further, That

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

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

14 may be obligated for expenses incurred by the Department

15 of Defense during the fiscal year 1994 fiscal year 1995

16 pursuant to section 43(b) of the Arms Export Control Act,

17 except that this limitation may be exceeded only through

18 the regular notification procedures of the Committees on

19 Appropriations: Provided further, That none of the funds

20 appropriated under this heading, and no employee of the

21 Defense Security Assistance Agency, may be used to facili22 tate the transport of aircraft to commercial arms sales

23 shows.

24 SPECIAL DEFENSE ACQUISITION FUND

25 Notwithstanding any provision of Public Law 102–

26 391 as amended by Public Law 103–87, not to exceed
37

HR 4426 RS

1 $140,000,000 of the obligational authority provided in that

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

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

4 Export Control Act.

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

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

7 purposes of closing the Special Defense Acquisition Fund,

8 to remain available for obligation until September 30,

9 1998: Provided, That the authority provided in this Act is

10 not used to initiate new procurements.

11 PEACEKEEPING OPERATIONS

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses to carry out the provisions

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

15 $75,000,000: Provided, That of this amount up to $850,000

16 may be transferred to, and merged with, funds appro17 priated under the heading ‘‘International Military Edu18 cation and Training’’ to carry out the provisions of section

19 541 of the Act: Provided further, That funds transferred

20 under the previous proviso shall be in addition to amounts

21 that may be transferred between accounts under the author22 ity of any other provision of law.

23 TITLE IV—EXPORT ASSISTANCE

24 EXPORT-IMPORT BANK OF THE UNITED STATES

25 The Export-Import Bank of the United States is au26 thorized to make such expenditures within the limits of
38

HR 4426 RS

1 funds and borrowing authority available to such corpora2 tion, and in accordance with law, and to make such con3 tracts and commitments without regard to fiscal year limi4 tations, as provided by section 104 of the Government

5 Corporation Control Act, as may be necessary in carrying

6 out the program for the current fiscal year for such cor7 poration: Provided, That none of the funds available dur8 ing the current fiscal year may be used to make expendi9 tures, contracts, or commitments for the export of nuclear

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

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

12 Treaty on the Non-Proliferation of Nuclear Weapons eligi13 ble to receive economic or military assistance under this

14 Act that has detonated a nuclear explosive after the date

15 of enactment of this Act.

16 SUBSIDY APPROPRIATION

17 For the cost of direct loans, loan guarantees, insur18 ance, and tied-aid grants as authorized by section 10 of

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

20 $792,653,000 $786,551,000 to remain available until Sep21 tember 30, 1996: Provided, That such costs, including the

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

23 502 of the Congressional Budget Act of 1974: Provided

24 further, That these funds are available to subsidize gross

25 obligations for the principal amount of direct loans, and

26 tied-aid grants, and total loan principal, any part of which
39

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1 is to be guaranteed, including insurance, of not to exceed

2 $19,000,000,000: Provided further, That such sums shall

3 remain available until 2010 for the disbursement of direct

4 loans, loan guarantees, insurance and tied-aid grants obli5 gated in fiscal years 1995 and 1996: Provided further,

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

7 paragraph shall remain available until expended and may

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

9 none of the funds appropriated by this paragraph may be

10 used for tied-aid credits or grants except through the regu11 lar notification procedures of the Committees on Appro12 priations: Provided further, That funds appropriated by

13 this paragraph are made available notwithstanding section

14 2(b)(2) of the Export-Import Bank Act of 1945, in con15 nection with the purchase or lease of any product by any

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

17 or national thereof.

18 ADMINISTRATIVE EXPENSES

19 For administrative expenses to carry out the direct

20 and guaranteed loan and insurance programs (to be com21 puted on an accrual basis), including hire of passenger

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

23 3109, and not to exceed $20,000 for official reception and

24 representation expenses for members of the Board of Di25 rectors, $44,550,000 $45,228,000: Provided, That nec26 essary expenses (including special services performed on
40

HR 4426 RS

1 a contract or fee basis, but not including other personal

2 services) in connection with the collection of moneys owed

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

4 collateral or other assets acquired by the Export-Import

5 Bank in satisfaction of moneys owed the Export-Import

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

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

8 transaction for which an application for a loan, guarantee

9 or insurance commitment has been made, shall be consid10 ered nonadministrative expenses for the purposes of this

11 heading: Provided further, That, notwithstanding sub12 section (b) of section 117 of the Export Enhancement Act

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

14 October 1, 1995.

15 OVERSEAS PRIVATE INVESTMENT CORPORATION

16 PROGRAM ACCOUNT

17 For the subsidy cost as defined in section 13201 of

18 the Budget Enforcement Act of 1990, of direct and guar19 anteed loans authorized by section 234 of the Foreign As20 sistance Act of 1961, as follows: cost of direct and guaran21 teed loans, $23,296,000. In addition, for administrative

22 expenses to carry out the direct and guaranteed loan pro23 grams, $7,933,000: Provided, That the funds provided in

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

25 direct loan obligations and loan guaranty commitments in26 curred or made during the period from October 1, 1994
41

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

2 sums are to remain available through fiscal year 2003 for

3 the disbursement of direct and guaranteed loans obligated

4 in fiscal year 1995, and through 2004 for the disburse5 ment of direct and guaranteed loans obligated in fiscal

6 year 1996.

7 The Overseas Private Investment Corporation is au8 thorized to make, without regard to fiscal year limitations,

9 as provided by 31 U.S.C. 9104, such noncredit expendi10 tures and commitments within the limits of funds available

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

12 official reception and representation expenses which shall

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

14 NONCREDIT ACCOUNT

15 The Overseas Private Investment Corporation is au16 thorized to make, without regard to fiscal year limitations,

17 as provided by 31 U.S.C. 9104, such expenditures and com18 mitments within the limits of funds available to it and in

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

20 the amount available for administrative expenses to carry

21 out the credit and insurance programs (including an

22 amount for official reception and representation expenses

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

24 $24,322,000: Provided further, That project-specific trans25 action costs, including direct and indirect costs incurred

26 in claims settlements, and other direct costs associated with
42

HR 4426 RS

1 services provided to specific investors or potential investors

2 pursuant to section 234 of the Foreign Assistance Act of

3 1961 shall not be considered administrative expenses for the

4 purposes of this heading.

5 PROGRAM ACCOUNT

6 For the cost of direct and guaranteed loans,

7 $34,944,000, as authorized by section 234 of the Foreign

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

9 Overseas Private Investment Corporation Noncredit Ac10 count: Provided, That such costs, including the cost of modi11 fying such loans, shall be as defined in section 502 of the

12 Congressional Budget Act of 1974: Provided further, That

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

14 for direct loan obligations and loan guaranty commitments

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

16 the remainder of such subsidy shall be available for such

17 purposes without fiscal year limitation: Provided further,

18 That such sums that are made available during fiscal years

19 1995 and 1996 shall remain available through fiscal year

20 2003 for the disbursement of direct and guaranteed loans

21 obligated in fiscal year 1995, and through 2004 for the dis22 bursement of direct and guaranteed loans obligated in fiscal

23 year 1996: Provided further, That such sums that are obli24 gated after fiscal year 1996 shall remain available for the

25 disbursement of direct and guaranteed loans through the

26 end of the eighth fiscal year after the fiscal year in which
43

HR 4426 RS

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

2 be necessary for administrative expenses to carry out the

3 credit program may be derived from amounts available for

4 administrative expenses to carry out the credit and insur5 ance programs in the Overseas Private Investment Corpora6 tion Noncredit Account and merged with said account.

7 FUNDS APPROPRIATED TO THE PRESIDENT

8 TRADE AND DEVELOPMENT AGENCY

9 For necessary expenses to carry out the provisions

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

11 $44,986,000.

12 TITLE V—GENERAL PROVISIONS

13 OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

14 SEC. 501. Except for the appropriations entitled

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

16 Emergency Refugee and Migration Assistance Fund’’, not

17 more than 15 per centum of any appropriation item made

18 available by this Act shall be obligated during the last

19 month of availability.

20 PROHIBITION OF BILATERAL FUNDING FOR

21 INTERNATIONAL FINANCIAL INSTITUTIONS

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

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

24 209(d) of the Foreign Assistance Act of 1961.
44

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1 LIMITATION ON RESIDENCE EXPENSES

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

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

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

9 LIMITATION ON EXPENSES

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

12 for entertainment expenses of the Agency for International

13 Development during the current fiscal year.

14 LIMITATION ON REPRESENTATIONAL ALLOWANCES

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

17 available for representation allowances for the Agency for

18 International Development during the current fiscal year:

19 Provided, That appropriate steps shall be taken to assure

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

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

23 Act for general costs of administering military assistance

24 and sales under the heading ‘‘Foreign Military Financing

25 Program’’, not to exceed $2,000 shall be available for en26 tertainment expenses and not to exceed $50,000 shall be
45

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1 available for representation allowances: Provided further,

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

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

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

5 allowances: Provided further, That of the funds made

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

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

8 and representation allowances: Provided further, That of

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

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

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

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

15 PROHIBITION ON FINANCING NUCLEAR GOODS

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

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

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

21 of nuclear equipment, fuel, or technology.

22 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

23 COUNTRIES

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

26 or expended to finance directly any assistance or repara-
46

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

3 purposes of this section, the prohibition on obligations or

4 expenditures shall include direct loans, credits, insurance

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

6 MILITARY COUPS

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

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

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

12 resumed to such country if the President determines and

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

15 elected government has taken office.

16 TRANSFERS BETWEEN ACCOUNTS

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

18 Act may be obligated under an appropriation account to

19 which they were not appropriated, unless the President,

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

22 with and provides a written policy justification to the

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

25 authority shall be subject to the regular notification proce26 dures of the Committees on Appropriations.
47

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1 DEOBLIGATION/REOBLIGATION AUTHORITY

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

3 1311 of the Supplemental Appropriations Act, 1955, as

4 having been obligated against appropriations heretofore

5 made under the authority of the Foreign Assistance Act

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

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

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

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

12 same region as originally obligated: Provided, That the

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

15 deobligation and reobligation of such funds in accordance

16 with regular notification procedures of the Committees on

17 Appropriations.

18 (b) Obligated balances of funds appropriated to carry

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

20 end of the fiscal year immediately preceding the current

21 fiscal year are, if deobligated, hereby continued available

22 during the current fiscal year for the same purpose under

23 any authority applicable to such appropriations under this

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

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

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

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

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

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

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

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

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

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

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

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

19 Foreign Assistance Act of 1961 shall designate for each

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

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

23 purposes.

24 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

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

26 this Act shall be used to furnish assistance to any country
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1 which is in default during a period in excess of one cal2 endar year in payment to the United States of principal

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

4 United States pursuant to a program for which funds are

5 appropriated under this Act: Provided, That this section

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

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

10 authorized by the Foreign Assistance Act of 1961 or the

11 Arms Export Control Act.

12 COMMERCE AND TRADE

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

14 made available pursuant to this Act for direct assistance

15 and none of the funds otherwise made available pursuant

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

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

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

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

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

24 assistance will cause substantial injury to United States

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

26 Provided, That such prohibition shall not apply to the Ex-
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1 port-Import Bank if in the judgment of its Board of Direc2 tors the benefits to industry and employment in the

3 United States are likely to outweigh the injury to United

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

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

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

8 Assistance Act of 1961 shall be available for any testing

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

11 in connection with the growth or production in a foreign

12 country of an agricultural commodity for export which

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

15 shall not prohibit—

16 (1) activities designed to increase food security

17 in developing countries where such activities will not

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

20 (2) research activities intended primarily to

21 benefit American producers.

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

23 Agency for International Development, other than funds

24 made available to carry out Caribbean Basin Initiative

25 programs under the Tariff Schedules of the United States,
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1 section 1202 of title 19, United States Code, schedule 8,

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

4 (1) to procure directly feasibility studies or

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

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

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

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

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

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

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

19 SURPLUS COMMODITIES

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

23 International Development Association, the International

24 Finance Corporation, the Inter-American Development

25 Bank, the International Monetary Fund, the Asian Devel26 opment Bank, the Inter-American Investment Corpora-
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1 tion, the European Bank for Reconstruction and Develop2 ment, the African Development Bank, and the African De3 velopment Fund to use the voice and vote of the United

4 States to oppose any assistance by these institutions,

5 using funds appropriated or made available pursuant to

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

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

11 NOTIFICATION REQUIREMENTS

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

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

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

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

22 operations’’, ‘‘Operating expenses of the Agency for Inter23 national Development’’, ‘‘Operating expenses of the Agen24 cy for International Development Office of Inspector Gen25 eral’’, ‘‘Anti-terrorism assistance’’, ‘‘Foreign Military Fi26 nancing Program’’, ‘‘International military education and
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1 training’’ (including the military-to-military contact pro2 gram), ‘‘Military-to-Military Contact Program’’, ‘‘Inter3 American Foundation’’, ‘‘African Development Founda4 tion’’, ‘‘Peace Corps’’, or ‘‘Migration and refugee assist5 ance’’, shall be available for obligation for activities, pro6 grams, projects, type of materiel assistance, countries, or

7 other operation not justified or in excess of the amount

8 justified to the Appropriations Committees for obligation

9 under any of these specific headings unless the Appropria10 tions Committees of both Houses of Congress are pre11 viously notified fifteen days in advance: Provided, That the

12 President shall not enter into any commitment of funds

13 appropriated for the purposes of section 23 of the Arms

14 Export Control Act for the provision of major defense

15 equipment, other than conventional ammunition, or other

16 major defense items defined to be aircraft, ships, missiles,

17 or combat vehicles, not previously justified to Congress or

18 20 per centum in excess of the quantities justified to Con19 gress unless the Committees on Appropriations are noti20 fied fifteen days in advance of such commitment: Provided

21 further, That this section shall not apply to any

22 reprogramming for an activity, program, or project under

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

24 of less than 20 per centum of the amount previously justi25 fied to the Congress for obligation for such activity, pro-
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1 gram, or project for the current fiscal year: Provided fur2 ther, That the requirements of this section or any similar

3 provision of this Act requiring notification in accordance

4 with the regular notification procedures of the Committees

5 on Appropriations may be waived if failure to do so would

6 pose a substantial risk to human health or welfare: Pro7 vided further, That in case of any such waiver, notification

8 to the Congress, or the appropriate congressional commit9 tees, shall be provided as early as practicable, but in no

10 event later than three days after taking the action to

11 which such notification requirement was applicable, in the

12 context of the circumstances necessitating such waiver:

13 Provided further, That any notification provided pursuant

14 to such a waiver shall contain an explanation of the emer15 gency circumstances.

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

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

18 regular notification procedures of the Committees on Ap19 propriations.

20 LIMITATION ON AVAILABILITY OF FUNDS FOR

21 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

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

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

24 ‘‘International Organizations and Programs’’ shall be

25 available for the United States proportionate share, in ac26 cordance with section 307(c) of the Foreign Assistance
55

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

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

3 Communist countries listed in section 620(f) of the For4 eign Assistance Act of 1961, as amended: Provided, That,

5 subject to the regular notification procedures of the Com6 mittees on Appropriations, funds appropriated under this

7 Act or any previously enacted Act making appropriations

8 for foreign operations, export financing, and related pro9 grams, which are returned or not made available for orga10 nizations and programs because of the implementation of

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

12 available for obligation through September 30, 1996.

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

14 or assessed contribution—

15 (1) to any affiliated organization of the United

16 Nations which grants full membership as a state to

17 any organization or group that does not have the

18 internationally recognized attributes of statehood, or

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

21 United Nations to any organization or group that

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

24 during any period in which such membership is effective.
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1 ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL

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

3 peace process in the Middle East is vitally important to

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

6 Treaty of Peace Between the Arab Republic of Egypt and

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

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

10 militarily secure Israel serves the security interests of the

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

12 the incentive and confidence to continue pursuing the

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

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

15 funds provided in annual appropriations for the Economic

16 Support Fund which are allocated to Israel shall not be

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

21 PROHIBITION CONCERNING ABORTIONS AND

22 INVOLUNTARY STERILIZATION

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

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

25 amended, may be used to pay for the performance of abor26 tions as a method of family planning or to motivate or
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1 coerce any person to practice abortions. None of the funds

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

4 the performance of involuntary sterilization as a method

5 of family planning or to coerce or provide any financial

6 incentive to any person to undergo sterilizations. None of

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

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

9 for any biomedical research which relates in whole or in

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

11 involuntary sterilization as a means of family planning.

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

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

14 obligated or expended for any country or organization if

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

16 such country or organization would violate any of the

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

21 REPORTING REQUIREMENT

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

24 25(a)(1) of the Arms Export Control Act.
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1 SPECIAL NOTIFICATION REQUIREMENTS

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

3 shall be obligated or expended for Colombia, Dominican

4 Republic, El Salvador, Guatemala, Haiti, Indonesia, Libe5 ria, Nicaragua, Pakistan, Peru, Rwanda, Sudan, or Zaire

6 except as provided through the regular notification proce7 dures of the Committees on Appropriations: Provided,

8 That this section shall not apply to funds appropriated

9 by this Act to carry out the provisions of chapter 1 of

10 part I of the Foreign Assistance Act of 1961 that are

11 made available for El Salvador and Nicaragua.

12 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

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

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

18 Economic Support Fund and Foreign Military Financing

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

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

24 shall also be considered to include central program level

25 funding, either as (1) justified to the Congress, or (2) allo26 cated by the executive branch in accordance with a report,
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1 to be provided to the Committees on Appropriations within

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

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

4 FAMILY PLANNING, CHILD SURVIVAL AND AIDS

5 ACTIVITIES

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

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

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

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

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

17 the treatment and control of, acquired immune deficiency

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

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

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

3 planning activities may be made available notwithstanding

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

5 Assistance Act of 1961.

6 PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN

7 COUNTRIES

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

10 to finance indirectly any assistance or reparations to

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

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

13 China, or Laos unless the President of the United States

14 certifies that the withholding of these funds is contrary

15 to the national interest of the United States.

16 RECIPROCAL LEASING

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

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

19 lieu thereof ‘‘1995’’.

20 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

21 SEC. 525. Prior to providing excess Department of

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

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

25 same extent and under the same conditions as are other

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

2 defense articles under the Arms Export Control Act, the

3 Department of Defense shall notify the Committees on

4 Appropriations in accordance with the regular notification

5 procedures of such Committees: Provided further, That

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

8 AUTHORIZATION REQUIREMENT

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

10 obligated and expended subject to notwithstanding section

11 10 of Public Law 91–672 and section 15 of the State De12 partment Basic Authorities Act of 1956: Provided, That

13 the Secretary of the Treasury may, to fulfill commitments

14 of the United States, (a) subscribe to and make payment

15 for shares of the Inter-American Development Bank, make

16 contributions to the Fund for Special Operations of that

17 Bank, and vote for resolutions (including amendments to

18 that Bank’s constitutive agreement), all in connection with

19 the eighth general increase in resources of that Bank; and

20 (b) contribute to the Restructured Global Environment Fa21 cility under its Instrument, to the African Development

22 Fund in connection with the seventh general replenishment

23 of its resources, and to the Interest Subsidy Account of the

24 successor to the Enhanced Structural Adjustment Facility

25 of the International Monetary Fund. The amount to be paid

26 in respect of each such contribution or subscription is au-
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1 thorized to be appropriated without fiscal year limitation.

2 Each such subscription or contribution shall be effective

3 only to such extent or in such amounts as are provided in

4 advance in appropriations Acts.

5 DEPLETED URANIUM

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

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

8 the sale of M–833 antitank shells or any comparable anti9 tank shells containing a depleted uranium penetrating

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

11 are members of NATO, (2) countries which have been des12 ignated as a major non-NATO ally for purposes of section

13 1105 of the National Defense Authorization Act for Fiscal

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

15 made available to facilitate the sale of such shells notwith16 standing the limitations of this section if the President

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

18 of the United States.

19 OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES

20 BY INTERNATIONAL FINANCIAL INSTITUTIONS

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

22 EXECUTIVE DIRECTORS.—The Secretary of the Treasury

23 shall instruct the United States Executive Director of each

24 international financial institution designated in subsection

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

26 Development shall instruct the United States Executive
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1 Director of the International Fund for Agriculture Devel2 opment, to use the voice and vote of the United States

3 to oppose any loan or other use of the funds of the respec4 tive institution to or for a country for which the Secretary

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

6 the Export Administration Act of 1979.

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

8 term ‘‘international financial institution’’ includes—

9 (1) the International Bank for Reconstruction

10 and Development, the International Development

11 Association, and the International Monetary Fund;

12 and

13 (2) wherever applicable, the Inter-American De14 velopment Bank, the Asian Development Bank, the

15 African Development Bank, the African Develop16 ment Fund, and the European Bank for Reconstruc17 tion and Development.

18 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

19 COUNTRIES

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

21 of law, funds appropriated for bilateral assistance under

22 any heading of this Act and funds appropriated under any

23 such heading in a provision of law enacted prior to enact24 ment of this Act, shall not be made available to any coun25 try which the President determines—
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1 (1) grants sanctuary from prosecution to any

2 individual or group which has committed an act of

3 international terrorism, or

4 (2) otherwise supports international terrorism.

5 (b) The President may waive the application of sub6 section (a) to a country if the President determines that

7 national security or humanitarian reasons justify such

8 waiver. The President shall publish each waiver in the

9 Federal Register and, at least fifteen days before the waiv10 er takes effect, shall notify the Committees on Appropria11 tions of the waiver (including the justification for the waiv12 er) in accordance with the regular notification procedures

13 of the Committees on Appropriations.

14 COMMERCIAL LEASING OF DEFENSE ARTICLES

15 SEC. 530. Notwithstanding any other provision of

16 law, and subject to the regular notification requirements

17 of the Committees on Appropriations, the authority of sec18 tion 23(a) of the Arms Export Control Act may be used

19 to provide financing to Israel and Egypt and NATO and

20 major non-NATO allies for the procurement by leasing

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

22 articles from United States commercial suppliers, not in23 cluding Major Defense Equipment (other than helicopters

24 and other types of aircraft having possible civilian applica25 tion), if the President determines that there are compel26 ling foreign policy or national security reasons for those
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1 defense articles being provided by commercial lease rather

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

3 COMPETITIVE INSURANCE

4 SEC. 531. All Agency for International Development

5 contracts and solicitations, and subcontracts entered into

6 under such contracts, shall include a clause requiring that

7 United States marine insurance companies have a fair op8 portunity to bid for marine insurance when such insurance

9 is necessary or appropriate.

10 STINGERS IN THE PERSIAN GULF REGION

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

12 Foreign Operations, Export Financing, and Related Pro13 grams Appropriations Act, 1990, the United States may

14 not sell or otherwise make available any Stingers to any

15 country bordering the Persian Gulf under the Arms Ex16 port Control Act or chapter 2 of part II of the Foreign

17 Assistance Act of 1961.

18 PROHIBITION ON LEVERAGING AND DIVERSION OF

19 UNITED STATES ASSISTANCE

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

21 Act may be provided to any foreign government (including

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

23 United States person in exchange for that foreign govern24 ment or person undertaking any action which is, if carried

25 out by the United States Government, a United States of-
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1 ficial or employee, expressly prohibited by a provision of

2 United States law.

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

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

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

6 (2) credits, and guaranties under the Arms Export Con7 trol Act.

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

9 limit—

10 (1) the ability of the President, the Vice Presi11 dent, or any official or employee of the United

12 States to make statements or otherwise express their

13 views to any party on any subject;

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

15 United States to express the policies of the Presi16 dent; or

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

18 United States to communicate with any foreign

19 country government, group or individual, either di20 rectly or through a third party, with respect to the

21 prohibitions of this section including the reasons for

22 such prohibitions, and the actions, terms, or condi23 tions which might lead to the removal of the prohibi24 tions of this section.
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1 DEBT-FOR-DEVELOPMENT

2 SEC. 534. In order to enhance the continued partici3 pation of nongovernmental organizations in economic as4 sistance activities under the Foreign Assistance Act of

5 1961, including endowments, debt-for-development and

6 debt-for-nature exchanges, a nongovernmental organiza7 tion which is a grantee or contractor of the Agency for

8 International Development may place in interest bearing

9 accounts funds made available under this Act or prior Acts

10 or local currencies which accrue to that organization as

11 a result of economic assistance provided under the heading

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

13 earned on such investment may be for the purpose for

14 which the assistance was provided to that organization.

15 LOCATION OF STOCKPILES

16 SEC. 535. Section 514(b)(2) of the Foreign Assist17 ance Act of 1961 is amended by striking out

18 ‘‘$200,000,000 for stockpiles in Israel for fiscal year

19 1994’’ and inserting in lieu thereof ‘‘a total of

20 $200,000,000 for stockpiles in Israel for fiscal years 1994

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

22 stockpiles in the Republic of Korea, and up to

23 $10,000,000 may be made available for stockpiles in Thai24 land for fiscal year 1995’’.
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1 SEPARATE ACCOUNTS

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

3 CURRENCIES.—(1) If assistance is furnished to the gov4 ernment of a foreign country under chapters 1 and 10 of

5 part I (including the Philippines Multilateral Assistance

6 Initiative) or chapter 4 of part II of the Foreign Assist7 ance Act of 1961 under agreements which result in the

8 generation of local currencies of that country, the Admin9 istrator of the Agency for International Development

10 shall—

11 (A) require that local currencies be deposited in

12 a separate account established by that government;

13 (B) enter into an agreement with that govern14 ment which sets forth—

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

16 generated, and

17 (ii) the terms and conditions under which

18 the currencies so deposited may be utilized, con19 sistent with this section; and

20 (C) establish by agreement with that govern21 ment the responsibilities of the Agency for Inter22 national Development and that government to mon23 itor and account for deposits into and disbursements

24 from the separate account.
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1 (2) USES OF LOCAL CURRENCIES.—As may be

2 agreed upon with the foreign government, local currencies

3 deposited in a separate account pursuant to subsection

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

5 used only—

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

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

8 purposes as—

9 (i) project and sector assistance activities,

10 or

11 (ii) debt and deficit financing; or

12 (B) for the administrative requirements of the

13 United States Government.

14 (3) PROGRAMMING ACCOUNTABILITY.—The Agency

15 for International Development shall take all appropriate

16 steps to ensure that the equivalent of the local currencies

17 disbursed pursuant to subsection (a)(2)(A) from the sepa18 rate account established pursuant to subsection (a)(1) are

19 used for the purposes agreed upon pursuant to subsection

20 (a)(2).

21 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

22 Upon termination of assistance to a country under chap23 ters 1 or 10 of part I or chapter 4 of part II (as the case

24 may be), any unencumbered balances of funds which re25 main in a separate account established pursuant to sub-
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1 section (a) shall be disposed of for such purposes as may

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

3 United States Government.

4 (5) CONFORMING AMENDMENTS.—The provisions of

5 this subsection shall supersede the tenth and eleventh pro6 visos contained under the heading ‘‘Sub-Saharan Africa,

7 Development Assistance’’ as included in the Foreign Oper8 ations, Export Financing, and Related Programs Appro9 priations Act, 1989 and sections 531(d) and 609 of the

10 Foreign Assistance Act of 1961.

11 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

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

13 a foreign country, under chapters 1 or 10 of part I (includ14 ing the Philippines Multilateral Assistance Initiative) or

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

16 as cash transfer assistance or as nonproject sector assist17 ance, that country shall be required to maintain such

18 funds in a separate account and not commingle them with

19 any other funds.

20 (2) APPLICABILITY OF OTHER PROVISIONS OF

21 LAW.—Such funds may be obligated and expended not22 withstanding provisions of law which are inconsistent with

23 the nature of this assistance including provisions which

24 are referenced in the Joint Explanatory Statement of the
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1 Committee of Conference accompanying House Joint Res2 olution 648 (H. Report No. 98–1159).

3 (3) NOTIFICATION.—At least fifteen days prior to ob4 ligating any such cash transfer or nonproject sector assist5 ance, the President shall submit a notification through the

6 regular notification procedures of the Committees on Ap7 propriations, which shall include a detailed description of

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

9 with a discussion of the United States interests that will

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

11 description of the economic policy reforms that will be pro12 moted by such assistance).

13 (4) EXEMPTION.—Nonproject sector assistance funds

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

15 only through the notification procedures of the Commit16 tees on Appropriations.

17 COMPENSATION FOR UNITED STATES EXECUTIVE

18 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

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

20 be made as payment to any international financial institu21 tion while the United States Executive Director to such

22 institution is compensated by the institution at a rate

23 which, together with whatever compensation such Director

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

25 provided for an individual occupying a position at level IV

26 of the Executive Schedule under section 5315 of title 5,
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1 United States Code, or while any alternate United States

2 Director to such institution is compensated by the institu3 tion at a rate in excess of the rate provided for an individ4 ual occupying a position at level V of the Executive Sched5 ule under section 5316 of title 5, United States Code.

6 (b) For purposes of this section, ‘‘international finan7 cial institutions’’ are: the International Bank for Recon8 struction and Development, the Inter-American Develop9 ment Bank, the Asian Development Bank, the Asian De10 velopment Fund, the African Development Bank, the Afri11 can Development Fund, the International Monetary Fund,

12 and the European Bank for Reconstruction and Develop13 ment.

14 COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST

15 IRAQ

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

17 funds appropriated or otherwise made available pursuant

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

19 1961 (including title IV of chapter 2 of part I, relating

20 to the Overseas Private Investment Corporation) or the

21 Arms Export Control Act may be used to provide assist22 ance to any country that is not in compliance with the

23 United Nations Security Council sanctions against Iraq

24 unless the President determines and so certifies to the

25 Congress that—
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1 (1) such assistance is in the national interest of

2 the United States;

3 (2) such assistance will directly benefit the

4 needy people in that country; or

5 (3) the assistance to be provided will be human6 itarian assistance for foreign nationals who have fled

7 Iraq and Kuwait.

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

9 that the taking of such action would promote the effective10 ness of the economic sanctions of the United Nations and

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

12 consistent with the national interest, the President may

13 prohibit, for such a period of time as he considers appro14 priate, the importation into the United States of any or

15 all products of any foreign country that has not prohib16 ited—

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

18 customs territory, and

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

20 POW/MIA MILITARY DRAWDOWN

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

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

23 reimbursement by the recipient, of defense articles from

24 the stocks of the Department of Defense, defense services

25 of the Department of Defense, and military education and

26 training, of an aggregate value not to exceed $15,000,000
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1 in fiscal year 1995, as may be necessary to carry out sub2 section (b).

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

4 be provided to Vietnam, Cambodia and Laos, under sub5 section (a) as the President determines are necessary to

6 support efforts to locate and repatriate members of the

7 United States Armed Forces and civilians employed di8 rectly or indirectly by the United States Government who

9 remain unaccounted for from the Vietnam War, and to

10 ensure the safety of United States Government personnel

11 engaged in such cooperative efforts and to support United

12 States Department of Defense-sponsored humanitarian

13 projects associated with the POW/MIA efforts. Any air14 craft shall be provided under this section only to Laos and

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

16 cost notwithstanding section 61 of the Arms Export Con17 trol Act and may be maintained with defense articles, serv18 ices and training provided under this section.

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

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

21 is exercised, submit a report to the Congress which identi22 fies the articles, services, and training drawn down under

23 this section.

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

25 President such sums as may be necessary to reimburse
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1 the applicable appropriation, fund, or account for defense

2 articles, defense services, and military education and

3 training provided under this section.

4 MEDITERRANEAN EXCESS DEFENSE ARTICLES

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

6 section 573(e) of the Foreign Operations, Export Financ7 ing, and Related Programs Appropriations Act, 1990,

8 shall be applicable, for the period specified therein, to ex9 cess defense articles made available under sections 516

10 and 519 of the Foreign Assistance Act of 1961.

11 PRIORITY DELIVERY OF EQUIPMENT

12 SEC. 541. Notwithstanding any other provision of

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

14 transferred on a grant basis under section 516 of the For15 eign Assistance Act to NATO allies and to major non16 NATO allies on the southern and southeastern flank of

17 NATO shall be given priority to the maximum extent fea18 sible over the delivery of such excess defense articles to

19 other countries.

20 ISRAEL DRAWDOWN

21 SEC. 542. Section 599B(a) of the Foreign Oper22 ations, Export Financing, and Related Programs Appro23 priations Act, 1991 (as amended by Public Law 102–145,

24 as amended, and Public Law 102–391), is further amend25 ed—
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1 (a) by striking out ‘‘fiscal year 1994’’ and in2 serting in lieu thereof ‘‘fiscal year 1995’’;

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

4 and inserting in lieu thereof ‘‘Appropriations Act,

5 1995’’; and

6 (c) by striking out ‘‘$700,000,000’’ and insert7 ing in lieu thereof ‘‘$775,000,000’’.

8 CASH FLOW FINANCING

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

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

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

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

13 Program, any Letter of Offer and Acceptance or other

14 purchase agreement, or any amendment thereto, for a pro15 curement in excess of $100,000,000 that is to be financed

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

17 Act shall be submitted through the regular notification

18 procedures to the Committees on Appropriations.

19 AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER20 ICAN FOUNDATION AND THE AFRICAN DEVELOP21 MENT FOUNDATION

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

23 provisions of this or any other Act, including provisions

24 contained in prior Acts authorizing or making appropria25 tions for foreign operations, export financing, and related

26 programs, shall not be construed to prohibit activities au-
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1 thorized by or conducted under the Peace Corps Act, the

2 Inter-American Foundation Act, or the African Develop3 ment Foundation Act. The appropriate agency shall

4 promptly report to the Committees on Appropriations

5 whenever it is conducting activities or is proposing to con6 duct activities in a country for which assistance is prohib7 ited.

8 IMPACT ON JOBS IN THE UNITED STATES

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

10 may be obligated or expended to provide—

11 (a) any financial incentive to a business enter12 prise currently located in the United States for the

13 purpose of inducing such an enterprise to relocate

14 outside the United States if such incentive or in15 ducement is likely to reduce the number of employ16 ees of such business enterprise in the United States

17 because United States production is being replaced

18 by such enterprise outside the United States;

19 (b) assistance for the purpose of establishing or

20 developing in a foreign country any export process21 ing zone or designated area in which the tax, tariff,

22 labor, environment, and safety laws of that country

23 do not apply, in part or in whole, to activities car24 ried out within that zone or area, unless the Presi25 dent determines and certifies that such assistance is
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1 not likely to cause a loss of jobs within the United

2 States; or

3 (c) assistance for any project or activity that

4 contributes to the violation of internationally recog5 nized workers rights, as defined in section 502(a)(4)

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

7 country, including any designated zone or area in

8 that country: Provided, That in recognition that the

9 application of this subsection should be commensu10 rate with the level of development of the recipient

11 country and sector, the provisions of this subsection

12 shall not preclude assistance for the informal sector

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

14 and smallholder agriculture.

15 AUTHORITY TO ASSIST BOSNIA-HERCEGOVINA

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

17 (1) The United Nations has imposed an embar18 go on the transfer of arms to any country on the

19 territory of the former Yugoslavia.

20 (2) The federated states of Serbia and

21 Montenegro have a large supply of military equip22 ment and ammunition and the Serbian forces fight23 ing the government of Bosnia-Hercegovina have

24 more than one thousand battle tanks, armored vehi25 cles, and artillery pieces.
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1 (3) Because the United Nations arms embargo

2 is serving to sustain the military advantage of the

3 aggressor, the United Nations should exempt the

4 government of Bosnia-Hercegovina from its embar5 go.

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

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

8 by the President of the United States, against Bosnia9 Hercegovina, the President is authorized to transfer, sub10 ject to the regular notification procedures of the Committees

11 on Appropriations, to the government of that nation, with12 out reimbursement, defense articles from the stocks of the

13 Department of Defense of an aggregate value not to ex14 ceed $50,000,000 in fiscal year 1995: Provided, That the

15 President certifies in a timely fashion to the Congress

16 that—

17 (1) the transfer of such articles would assist

18 that nation in self-defense and thereby promote the

19 security and stability of the region; and

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

21 such a military assistance effort.

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

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

2 and the disposition thereof.

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

4 President such sums as may be necessary to reimburse

5 the applicable appropriation, fund, or account for defense

6 articles provided under this section.

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

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

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

13 United Nations War Crimes Tribunal, without regard to

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

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

17 required under section 552(c).

18 SPECIAL AUTHORITIES

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

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

22 children, displaced Burmese, humanitarian assistance for

23 Romania, and humanitarian assistance for the peoples of

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

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

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

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

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

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

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

15 in which deforestation and energy policy would make a

16 significant contribution to global warming, and for the

17 purpose of supporting biodiversity conservation activities:

18 Provided, That such assistance shall be subject to sections

19 116, 502B, and 620A of the Foreign Assistance Act of

20 1961.

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

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

23 the Foreign Assistance Act of 1961, notwithstanding the

24 funding ceiling contained in subsection (a) of that section.
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1 (d) The Agency for International Development may

2 employ personal services contractors, notwithstanding any

3 other provision of law, for the purpose of administering

4 programs for the West Bank and Gaza.

5 POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT

6 OF ISRAEL

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

8 (1) since 1948 the Arab countries have main9 tained a primary boycott against Israel, refusing to

10 do business with Israel;

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

12 maintained a secondary and tertiary boycott against

13 American and other companies that have commercial

14 ties with Israel;

15 (3) the boycott seeks to coerce American firms

16 by blacklisting those that do business with Israel

17 and harm America’s competitiveness;

18 (4) the United States has a longstanding policy

19 opposing the Arab League boycott and United

20 States law prohibits American firms from providing

21 information to Arab countries to demonstrate com22 pliance with the boycott;

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

24 East peace process and the serious confidence-build25 ing measures taken by the State of Israel an end to

26 the Arab boycott of Israel and of American compa-
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1 nies that have commercial ties with Israel is long

2 overdue and would represent a significant con3 fidence-building measure; and

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

5 free commerce, the President must take more con6 crete steps to press the Arab states to end their

7 practice of blacklisting and boycotting American

8 companies that have trade ties with Israel.

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

10 (1) the Arab League countries should imme11 diately and publicly renounce the primary boycott of

12 Israel and the secondary and tertiary boycott of

13 American firms that have commercial ties with Is14 rael and

15 (2) the President should—

16 (A) take more concrete steps to encourage

17 vigorously Arab League countries to renounce

18 publicly the primary boycotts of Israel and the

19 secondary and tertiary boycotts of American

20 firms that have commercial relations with Israel

21 as a confidence-building measure;

22 (B) take into consideration the participa23 tion of any recipient country in the primary

24 boycott of Israel and the secondary and tertiary

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

2 whether to sell weapons to said country;

3 (C) report to Congress on the specific

4 steps being taken by the President to bring

5 about a public renunciation of the Arab primary

6 boycott of Israel and the secondary and tertiary

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

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

13 ANTI-NARCOTICS ACTIVITIES

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

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

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

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

21 conducted notwithstanding section 660 of that Act.

22 (b) Of the funds appropriated by this Act under the

23 heading ‘‘Economic Support Fund’’, notwithstanding sec24 tion 660 of the Foreign Assistance Act of 1961, up to

25 $3,000,000 may be made available, subject to the regular

26 notification procedures of the Committees on Appropria-
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1 tions, for technical assistance, training, and commodities

2 with the objective of creating a professional civilian police

3 force for Panama, and for programs to improve penal insti4 tutions and the rehabilitation of offenders in Panama

5 (which programs may be conducted other than through mul6 tilateral or regional institutions), except that such technical

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

8 procurement of equipment for law enforcement purposes,

9 and shall not include lethal equipment.

10 (b) (c) Funds made available pursuant to this section

11 may be made available notwithstanding the third sentence

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

13 Funds made available pursuant to subsection (a)(1) (a)

14 for Bolivia, Colombia and Peru and subsection (a)(2) (b)

15 may be made available notwithstanding section 534(c) and

16 the second sentence of section 534(e) of the Foreign As17 sistance Act of 1961.

18 ELIGIBILITY FOR ASSISTANCE

19 SEC. 550. (a) ASSISTANCE THROUGH NONGOVERN20 MENTAL ORGANIZATIONS.—Restrictions contained in this

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

22 shall not be construed to restrict assistance in support of

23 programs of nongovernmental organizations from funds

24 appropriated by this Act to carry out the provisions of

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

26 of 1961: Provided, That the President shall take into con-
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1 sideration, in any case in which a restriction on assistance

2 would be applicable but for this subsection, whether assist3 ance in support of programs of nongovernmental organiza4 tions is in the national interest of the United States: Pro5 vided further, That before using the authority of this sub6 section to furnish assistance in support of programs of

7 nongovernmental organizations, the President shall notify

8 the Committees on Appropriations under the regular noti9 fication procedures of those committees, including a de10 scription of the program to be assisted, the assistance to

11 be provided, and the reasons for furnishing such assist12 ance: Provided further, That nothing in this subsection

13 shall be construed to alter any existing statutory prohibi14 tions against abortion or involuntary sterilizations con15 tained in this or any other Act.

16 (b) PUBLIC LAW 480.—During fiscal year 1995, re17 strictions contained in this or any other Act with respect

18 to assistance for a country shall not be construed to re19 strict assistance under titles I and II of the Agricultural

20 Trade Development and Assistance Act of 1954: Provided,

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

22 of such Act and made available pursuant to this subsection

23 may be obligated or expended except as provided through

24 the regular notification procedures of the Committees on

25 Appropriations.
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1 (c) EXCEPTION.—This section shall not apply—

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

3 any comparable provision of law prohibiting assist4 ance to countries that support international terror5 ism; or

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

7 Assistance Act of 1961 or any comparable provision

8 of law prohibiting assistance to countries that violate

9 internationally recognized human rights.

10 EARMARKS

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

12 are earmarked may be reprogrammed for other programs

13 within the same account notwithstanding the earmark if

14 compliance with the earmark is made impossible by oper15 ation of any provision of this or any other Act or, with

16 respect to a country with which the United States has an

17 agreement providing the United States with base rights

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

19 that the recipient for which funds are earmarked has sig20 nificantly reduced its military or economic cooperation

21 with the United States since enactment of the Foreign Op22 erations, Export Financing, and Related Programs Appro23 priations Act, 1991; however, before exercising the author24 ity of this subsection with regard to a base rights or base

25 access country which has significantly reduced its military

26 or economic cooperation with the United States, the Presi-
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1 dent shall consult with, and shall provide a written policy

2 justification to the Committees on Appropriations: Pro3 vided, That any such reprogramming shall be subject to

4 the regular notification procedures of the Committees on

5 Appropriations: Provided further, That assistance that is

6 reprogrammed pursuant to this subsection shall be made

7 available under the same terms and conditions as origi8 nally provided.

9 (b) In addition to the authority contained in sub10 section (a), the original period of availability of funds ap11 propriated by this Act and administered by the Agency

12 for International Development that are earmarked for par13 ticular programs or activities by this or any other Act shall

14 be extended for an additional fiscal year if the Adminis15 trator of such agency determines and reports promptly to

16 the Committees on Appropriations that the termination of

17 assistance to a country or a significant change in cir18 cumstances makes it unlikely that such earmarked funds

19 can be obligated during the original period of availability:

20 Provided, That such earmarked funds that are continued

21 available for an additional fiscal year shall be obligated

22 only for the purpose of such earmark.

23 CEILINGS AND EARMARKS

24 SEC. 552. Ceilings and earmarks contained in this

25 Act shall not be applicable to funds or authorities appro-
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1 priated or otherwise made available by any subsequent Act

2 unless such Act specifically so directs.

3 EXCESS DEFENSE ARTICLES

4 SEC. 553. (a) The authority of section 519 of the

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

6 in fiscal year 1995 to provide nonlethal excess defense ar7 ticles to countries for which United States foreign assist8 ance has been requested and for which receipt of such arti9 cles was separately justified for the fiscal year, without

10 regard to the restrictions in subsection (a) of section 519.

11 (b) The authority of section 518 of the Foreign Assist12 ance Act of 1961 may be exercised in any fiscal year to

13 transfer, for the purposes of that section, nonlethal excess

14 defense articles to international organizations and non15 governmental organizations notwithstanding section 502 of

16 that Act.

17 PROHIBITION ON PUBLICITY OR PROPAGANDA

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

19 this Act shall be used for publicity or propaganda purposes

20 within the United States not authorized before the date

21 of enactment of this Act by the Congress.

22 DISADVANTAGED ENTERPRISES

23 SEC. 555. (a) Except to the extent that the Adminis24 trator of the Agency for International Development deter25 mines otherwise, not less than 10 percent of the aggregate

26 amount made available for the current fiscal year for the
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1 ‘‘Development Assistance Fund’’, ‘‘Population, Develop2 ment Assistance’’, and the ‘‘Development Fund for Afri3 ca’’ shall be made available only for activities of United

4 States organizations and individuals that are—

5 (1) business concerns owned and controlled by

6 socially and economically disadvantaged individuals,

7 (2) historically black colleges and universities,

8 (3) colleges and universities having a student

9 body in which more than 40 per centum of the stu10 dents are Hispanic American, and

11 (4) private voluntary organizations which are

12 controlled by individuals who are socially and eco13 nomically disadvantaged.

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

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

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

17 assistance and assistance for sub-Saharan Africa for the

18 current fiscal year.

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

20 order to achieve the goals of this section, the Adminis21 trator—

22 (A) to the maximum extent practicable, shall

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

24 Business Act (15 U.S.C. 637(a));
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1 (B) to the maximum extent practicable, shall

2 enter into contracts with small business concerns

3 owned and controlled by socially and economically

4 disadvantaged individuals, and organizations con5 tained in paragraphs (2) through (4) of subsection

6 (a)—

7 (i) using less than full and open competi8 tive procedures under such terms and condi9 tions as the Administrator deems appropriate,

10 and

11 (ii) using an administrative system for jus12 tifications and approvals that, in the Adminis13 trator’s discretion, may best achieve the pur14 pose of this section; and

15 (C) shall issue regulations to require that any

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

17 requiring that no less than 10 per centum of the dol18 lar value of the contract be subcontracted to entities

19 described in subsection (a), except—

20 (i) to the extent the Administrator deter21 mines otherwise on a case-by-case or category22 of-contract basis; and

23 (ii) this subparagraph does not apply to

24 any prime contractor that is an entity described

25 in subsection (a).
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1 (3) Each person with contracting authority who is at2 tached to the Agency’s headquarters in Washington, as

3 well as all Agency missions and regional offices, shall no4 tify the Agency’s Office of Small and Disadvantaged Busi5 ness Utilization at least seven business days before adver6 tising a contract in excess of $100,000, except to the ex7 tent that the Administrator determines otherwise on a

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

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

10 performance evaluation of any mission director of the

11 agency, the mission director’s efforts to carry out this sec12 tion.

13 (5) The Administrator shall submit to the Congress

14 annual reports on the implementation of this section. Each

15 such report shall specify the number and dollar value or

16 amount (as the case may be) of prime contracts, sub17 contracts, grants, and cooperative agreements awarded to

18 entities described in subsection (a) during the preceding

19 fiscal year.

20 (c) As used in this section, the term ‘‘socially and

21 economically disadvantaged individuals’’ has the same

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

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

24 women.
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1 USE OF AMERICAN RESOURCES

2 SEC. 556. To the maximum extent possible, assist3 ance provided under this Act should make full use of

4 American resources, including commodities, products, and

5 services.

6 LIMITATIONS ON ASSISTANCE FOR NICARAGUA

7 SEC. 557. (a) Funds appropriated by this Act under

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

9 available to the Government of Nicaragua upon the notifi10 cation, in writing, by the Secretary of State to the appro11 priate committees that he has determined that significant

12 and tangible progress is being made by the Government

13 of Nicaragua toward—

14 (1) the prosecution of any individual identified

15 as part of a terrorist/kidnapping ring by the inves16 tigation of issues raised by the discovery, after the

17 May 23, 1993, explosion in Managua, of weapons

18 caches, false passports, identity papers and other

19 documents, suggesting the existence of such a ring,

20 including all government officials (including any

21 members of the armed forces or security forces);

22 (2) the resolution of expropriation claims and

23 the effective compensation of legitimate claims;

24 (3) the timely implementation of recommenda25 tions made by the Tripartite Commission as it un26 dertakes to review and identify those responsible for
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1 gross human rights violations, including the expedi2 tious prosecution of individuals identified by the

3 commission in connection with such violations;

4 (4) the enactment into law of legislation to re5 form the Nicaraguan military and security forces in

6 order to guarantee civilian control over the armed

7 forces;

8 (5) the establishment of civilian control over the

9 police, and the independence of the police from the

10 military; and

11 (6) the effective reform of the Nicaraguan judi12 cial system.

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

14 shall include a detailed listing of the tangible evidence that

15 forms the basis for such determination.

16 (c) For purposes of this section, the term ‘‘appro17 priate committees’’ means the Committees on Foreign Re18 lations and Appropriations of the Senate and Committees

19 on Foreign Affairs and Appropriations of the House of

20 Representatives.

21 PROHIBITION OF PAYMENTS TO UNITED NATIONS

22 MEMBERS

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

24 available pursuant to this Act for carrying out the Foreign

25 Assistance Act of 1961, may be used to pay in whole or
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1 in part any assessments, arrearages, or dues of any mem2 ber of the United Nations.

3 CONSULTING SERVICES

4 SEC. 559. The expenditure of any appropriation

5 under this Act for any consulting service through procure6 ment contract, pursuant to section 3109 of title 5, United

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

8 expenditures are a matter of public record and available

9 for public inspection, except where otherwise provided

10 under existing law, or under existing Executive order pur11 suant to existing law.

12 PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

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

14 available pursuant to this Act shall be available to a pri15 vate voluntary organization which fails to provide upon

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

17 the auditing requirements of the Agency for International

18 Development, nor shall any of the funds appropriated by

19 this Act be made available to any private voluntary organi20 zation which is not registered with the Agency for Inter21 national Development.

22 SPECIAL DEBT RELIEF FOR THE POOREST

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

24 President may reduce amounts owed to the United States

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

26 as a result of—
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1 (A) guarantees issued under sections 221 and

2 222 of the Foreign Assistance Act of 1961; or

3 (B) credits extended or guarantees issued under

4 the Arms Export Control Act.

5 (2) LIMITATIONS.—

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

7 may be exercised only to implement multilateral offi8 cial debt relief and referendum agreements, com9 monly referred to as ‘‘Paris Club Agreed Minutes’’.

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

11 may be exercised only in such amounts or to such

12 extent as is provided in advance by appropriations

13 Acts.

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

15 may be exercised only with respect to countries with

16 heavy debt burdens that are eligible to borrow from

17 the International Development Association, but not

18 from the International Bank for Reconstruction and

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

20 countries.

21 (3) CONDITIONS.—The authority provided by para22 graph (1) may be exercised only with respect to a country

23 whose government—

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

25 expenditures;
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1 (B) has not repeatedly provided support for

2 acts of international terrorism;

3 (C) is not failing to cooperate on international

4 narcotics control matters; and

5 (D) (including its military or other security

6 forces) does not engage in a consistent pattern of

7 gross violations of internationally recognized human

8 rights.

9 (4) AVAILABILITY OF FUNDS.—The authority pro10 vided by paragraph (1) may be used only with regard to

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

12 Restructuring’’.

13 (5) CERTAIN PROHIBITIONS INAPPLICABLE.—A re14 duction of debt pursuant to paragraph (1) shall not be

15 considered assistance for purposes of any provision of law

16 limiting assistance to a country.

17 SEC. 561. (a) AUTHORITY TO REDUCE DEBT.—The

18 President may reduce amounts owed to the United States

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

20 as a result of—

21 (1) guarantees issued under sections 221 and 222

22 of the Foreign Assistance Act of 1961; or

23 (2) credits extended or guarantees issued under

24 the Arms Export Control Act.

25 (b) LIMITATIONS.—
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1 (1) The authority provided by subsection (a)

2 may be exercised only to implement multilateral offi3 cial debt relief and referendum agreements, commonly

4 referred to as ‘‘Paris Club Agreed Minutes’’.

5 (2) The authority provided by subsection (a)

6 may be exercised only in such amounts or to such ex7 tent as is provided in advance by appropriations

8 Acts.

9 (3) The authority provided by subsection (a)

10 may be exercised only with respect to countries with

11 heavy debt burdens that are eligible to borrow from

12 the International Development Association, but not

13 from the International Bank for Reconstruction and

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

15 countries.

16 (c) CONDITIONS.—The authority provided by sub17 section (a) may be exercised only with respect to a country

18 whose government—

19 (1) does not have an excessive level of military

20 expenditures;

21 (2) has not repeatedly provided support for acts

22 of international terrorism;

23 (3) is not failing to cooperate on international

24 narcotics control matters; and
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1 (4) (including its military or other security

2 forces) does not engage in a consistent pattern of gross

3 violations of internationally recognized human rights.

4 (d) AVAILABILITY OF FUNDS.—The authority provided

5 by subsection (a) may be used only with regard to funds

6 appropriated by this Act under the heading ‘‘Debt Restruc7 turing’’.

8 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc9 tion of debt pursuant to subsection (a) shall not be consid10 ered assistance for purposes of any provision of law limit11 ing assistance to a country.

12 GUARANTEES

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

14 Budget and Emergency Deficit Control Act of 1985 is

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

16 ‘‘1994 and 1995’’ in both places that this appears.

17 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN18 MENTS THAT EXPORT LETHAL MILITARY EQUIP19 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

20 TERRORISM

21 SEC. 563. (a) None of the funds appropriated or oth22 erwise made available by this Act may be available to any

23 foreign government which provides lethal military equip24 ment to a country the government of which the Secretary

25 of State has determined is a terrorist government for pur26 poses of section 40(d) of the Arms Export Control Act.
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1 The prohibition under this section with respect to a for2 eign government shall terminate 12 months after that gov3 ernment ceases to provide such military equipment. This

4 section applies with respect to lethal military equipment

5 provided under a contract entered into after the date of

6 enactment of this Act.

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

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

9 President determines that furnishing such assistance is

10 important to the national interests of the United States.

11 (c) Whenever the waiver of subsection (b) is exer12 cised, the President shall submit to the appropriate con13 gressional committees a report with respect to the furnish14 ing of such assistance. Any such report shall include a de15 tailed explanation of the assistance to be provided, includ16 ing the estimated dollar amount of such assistance, and

17 an explanation of how the assistance furthers United

18 States national interests.

19 WITHHOLDING OF ASSISTANCE FOR PARKING FINES

20 OWED BY FOREIGN COUNTRIES

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

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

23 Assistance Act of 1961, an amount equivalent to 110 per24 cent of the total unpaid fully adjudicated parking fines

25 and penalties owed to the District of Columbia by such

26 country as of the date of enactment of this Act shall be
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1 withheld from obligation for such country until the Sec2 retary of State certifies and reports in writing to the ap3 propriate congressional committees that such fines and

4 penalties are fully paid to the government of the District

5 of Columbia.

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

7 term ‘‘appropriate congressional committees’’ means the

8 Committee on Foreign Relations and the Committee on

9 Appropriations of the Senate and the Committee on For10 eign Affairs and the Committee on Appropriations of the

11 House of Representatives.

12 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

13 WEST BANK AND GAZA

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

15 may be obligated for assistance for the Palestine Libera16 tion Organization for the West Bank and Gaza unless the

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

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

19 E of title V of Public Law 103–236) or any other legisla20 tion to suspend or make inapplicable section 307 of the

21 Foreign Assistance Act of 1961 and that suspension is

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

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

24 East Peace Facilitation Act or to suspend the prohibition

25 under other legislation, funds appropriated by this Act

26 may not be obligated for assistance for the Palestine Lib-
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1 eration Organization for the West Bank and Gaza unless

2 the President determines that it is in the national interest

3 to do so and so reports to the Congress.

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 IMPLEMENTATION 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 it has been made known

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

23 Commonwealth of Independent States have been removed

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

25 forces have been otherwise resolved by mutual agreement

26 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, and Lithuania Lithuania, or countries other than

8 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 ADDITIONAL LIMITATION ON FUNDS TO ENSURE IMPLE14 MENTATION OF WAPENHANS REPORT RECOMMENDA15 TIONS

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 MILITARY 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 a notice describing the state23 ment made in subsection (a) by the Congress notice con24 sistent with subsection (a) and section 604(a) of the Foreign

25 Assistance Act of 1961.
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1 WEST BANK AND GAZA ECONOMIC DEVELOPMENT FUND

2 SEC. 571. Of the funds appropriated by this Act under

3 the heading ‘‘Economic Support Fund’’, not less than

4 $20,000,000 should be made available to support the cre5 ation and expansion of small and medium-sized businesses,

6 including agricultural enterprises, in the West Bank and

7 Gaza. All or any part of such funds may be used for the

8 subsidy cost of direct loans and loan guarantees as defined

9 in section 502 of the Congressional Budget Act of 1974.

10 Funds made available under this heading shall be subject

11 to the regular notification procedures of the Committees on

12 Appropriations.

13 AGRICULTURAL AID TO THE NEW INDEPENDENT STATES OF

14 THE FORMER SOVIET UNION

15 SEC. 572. Of the funds appropriated by title II of this

16 Act under the heading ‘‘Assistance for the New Independent

17 States of the Former Soviet Union’’ up to $50,000,000

18 should be made available only for provision of United

19 States agricultural commodities to address the food and nu20 trition needs of the people of the new independent states

21 of the former Soviet Union: Provided, That in providing

22 assistance under this section, primary emphasis shall be

23 given to meeting the food and nutrition needs of children

24 and pregnant and post-partum women: Provided further,

25 That funds made available for the purposes of this section

26 may be used for transportation of United States agricul-
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1 tural commodities provided under this section: Provided

2 further, That the President may enter into agreements with

3 the governments of the new independent states and non4 governmental organizations to provide for the sale of any

5 part of the United States agricultural commodities in the

6 new independent states for local currencies: Provided fur7 ther, That any such local currencies shall be used in the

8 new independent states to process, transport, store, distrib9 ute or otherwise enhance the effectiveness of the use of

10 United States agricultural commodities provided under this

11 section, and to support agricultural and rural development

12 activities.

13 EXPORT FINANCING TRANSFER AUTHORITIES

14 SEC. 573. Not to exceed 5 percent of any appropriation

15 other than for administrative expenses made available for

16 the current fiscal year for programs under title IV of this

17 Act may be transferred between such appropriations for use

18 for any of the purposes, programs and activities for which

19 the funds in such receiving account may be used, but no

20 such appropriation, except as otherwise specifically pro21 vided, shall be increased by more than 25 percent by any

22 such transfer: Provided, That the exercise of such authority

23 shall be subject to the regular notification procedures of the

24 Committees on Appropriations: Provided further, That

25 $12,000,000 shall be immediately transferred from funds

26 available to the Export-Import Bank for fiscal year 1994
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1 to the Overseas Private Investment Corporation, and

2 $1,000,000 shall be immediately transferred from funds

3 available to the Export-Import Bank for fiscal year 1994

4 to the Trade and Development Agency: Provided further,

5 That the provisions of the previous proviso shall be effective

6 on the date of enactment of this Act.

7 INCAE

8 SEC. 574. The Government of Nicaragua may assume

9 the obligation of the Central American Institute of Business

10 Administration (INCAE) to make payment to the United

11 States under a loan made to INCAE pursuant to an Alli12 ance for Progress Loan Agreement dated April 25, 1972:

13 Provided, That such payment shall be for the cost, as de14 fined in section 13201 of the Budget Enforcement Act of

15 1990, of such obligation and shall relieve INCAE of any

16 further liability to the United States for payment of interest

17 and principal under such loan notwithstanding section

18 620(r) of the Foreign Assistance Act of 1961.

19 MONGOLIA

20 SEC. 575. Section 620(f) of the Foreign Assistance Act

21 of 1961 is amended by striking ‘‘Mongolian People’s Repub22 lic.’’ from the list contained therein.

23 REPORT ON COMPLIANCE WITH COMMITMENTS

24 SEC. 576. Section 804(b) of title VIII of Public Law

25 101–246 (PLO Commitments Compliance Act of 1989) is

26 amended—
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1 (1) in paragraph (9) by striking ‘‘; and’’ and in2 serting in lieu thereof ‘‘;’’;

3 (2) by striking the period at the end of para4 graph (10) and inserting in lieu thereof ‘‘; and’’; and

5 (3) by adding the following new paragraph:

6 ‘‘(11) measures taken by the PLO to prevent acts

7 of terrorism, crime and hostilities and to legally pun8 ish offenders, as called for in the Gaza-Jericho agree9 ment of May 4, 1994.’’.

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

11 Export Financing, and Related Programs Appropriations

12 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.

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