Calendar No. 202

103D CONGRESS

1ST SESSION S. 1467

[Report No. 103–144]

A BILL

To authorize appropriations for foreign assistance

programs, and for other purposes.

SEPTEMBER 16, 1993

Read twice and placed on the calendar
II

Calendar No. 202

103D CONGRESS

1ST SESSION S. 1467

[Report No. 103–144]

To authorize appropriations for foreign assistance programs, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 16, 1993

Mr. PELL, from the Committee on Foreign Relations, reported under authority of the order of the Senate of September 15 (legislative day, September

7), 1993, the following original bill; which was read twice and placed on

the calendar

A BILL

To authorize appropriations for foreign assistance programs,

and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Foreign Assistance Act

5 of 1993’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:
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Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—REFORM OF FOREIGN ASSISTANCE POLICIES AND

PROGRAMS

Sec. 101. Statement of United States foreign policy.

Sec. 102. Need for comprehensive foreign aid reform.

Sec. 103. Evaluation and accountability.

Sec. 104. Development assistance reform.

Sec. 105. Military assistance reform.

Sec. 106. Assistance for human rights and democratic initiatives.

Sec. 107. Notification of program changes.

Sec. 108. Termination expenses.

Sec. 109. Impact of foreign assistance programs on jobs in the United States.

Sec. 110. Donation of services for democracy development.

Sec. 111. Authority to deobligate grant funds.

Sec. 112. Deobligation of certain unexpended economic assistance funds.

Sec. 113. United States economic and military assistance.

Sec. 114. Assistance to promote conflict resolution.

Sec. 115. Inspector General of the Agency for International Development.

Sec. 116. Repeal of obsolete provisions of law.

TITLE II—BILATERAL ECONOMIC AND DEVELOPMENT

ASSISTANCE

Sec. 201. Authorization of appropriations.

Sec. 202. Special debt reduction authority.

Sec. 203. Microenterprise development.

Sec. 204. Child survival activities.

Sec. 205. Vitamin A deficiency program.

Sec. 206. Housing guarantee program.

Sec. 207. Development education programs.

Sec. 208. Exemption from restrictions of assistance through nongovernmental

organizations.

Sec. 209. Consultations with private and voluntary organizations.

Sec. 210. Operating expenses, Agency for International Development.

TITLE III—SECURITY ASSISTANCE

Sec. 301. Authorization of appropriations.

Sec. 302. Special Defense Acquisition Fund.

Sec. 303. Additions to war reserve stockpiles for allies.

Sec. 304. Eligibility of major non-NATO allies to receive certain contract services in connection with sales of defense articles and defense

services.

Sec. 305. Excess defense articles.

Sec. 306. Standardizing congressional review procedures for arms transfers.

Sec. 307. Classification of notifications.

Sec. 308. Reports under the Arms Export Control Act.

Sec. 309. Prohibition on third party incentive payments under the Arms Export

Control Act.

Sec. 310. Coproduction agreements.

Sec. 311. Arab boycott.

Sec. 312. Purchase of United States goods and services.

TITLE IV—MULTILATERAL ASSISTANCE
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PART A—INTERNATIONAL DEVELOPMENT ASSOCIATION

Sec. 401. Tenth replenishment.

Sec. 402. Advocacy of certain policies.

PART B—ASIAN DEVELOPMENT FUND

Sec. 411. Fifth replenishment.

PART C—GLOBAL ENVIRONMENT FACILITY

Sec. 421. Global environment facility.

PART D—EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

Sec. 431. Charter amendments of the Bank.

Sec. 432. Instructions to the United States Executive Director.

PART E—OTHER PROVISIONS

Sec. 441. Voluntary contributions to international organizations and programs.

Sec. 442. Prohibition on technical assistance to multilateral development banks.

Sec. 443. Amendment to the International Financial Institutions Act.

Sec. 444. Independent audit agencies at international financial institutions.

Sec. 445. International financing of agricultural and commodity production.

TITLE V—REGIONAL PROVISIONS

PART A—PROVISIONS RELATING TO SUB-SAHARAN AFRICA

Sec. 501. African Development Foundation.

Sec. 502. SADC projects.

Sec. 503. Restrictions on assistance for Sudan.

Sec. 504. Restrictions on assistance for Kenya.

Sec. 505. Reconstruction assistance for Somalia.

Sec. 506. Restriction on assistance for Zaire.

Sec. 507. Authority to provide higher education assistance under the Development Fund for Africa.

Sec. 508. Conflict resolution initiative for Africa.

PART B—PROVISIONS RELATING TO EAST ASIA AND THE PACIFIC

Sec. 511. Multilateral assistance initiative for the Philippines.

Sec. 512. Assistance for Mongolia.

Sec. 513. List of communist countries.

Sec. 514. Arms sales to Indonesia.

Sec. 515. Human rights in India.

Sec. 516. High-level visits to Taiwan.

PART C—PROVISIONS RELATING TO EUROPE AND THE FORMER SOVIET

UNION

Sec. 521. Assistance for Eastern Europe and the Baltic states.

Sec. 522. Eligibility of East European countries to receive nonlethal excess defense articles.

Sec. 523. Authority to waive certain restrictions.

Sec. 524. Removal of troops from the Baltic states.

Sec. 525. Policy on provision of winter-related relief for people of BosniaHercegovina.
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Sec. 526. Statement of policy with respect to assistance for Ukraine.

PART D—PROVISIONS RELATING TO THE MIDDLE EAST

Sec. 531. Restriction on assistance for Syria.

Sec. 532. Restriction on assistance for Jordan.

Sec. 533. Military drawdowns for Israel.

PART E—PROVISIONS RELATING TO LATIN AMERICA

Sec. 541. Administration of justice and other law enforcement assistance programs for Latin America and the Caribbean.

Sec. 542. Special notification requirements for Guatemala, Haiti, Nicaragua,

and Peru.

Sec. 543. Restriction on assistance to Peru.

TITLE VI—BOSNIA AND HERCEGOVINA SELF-DEFENSE ACT OF

1993

Sec. 601. Short title.

Sec. 602. Findings.

Sec. 603. United States arms embargo of the Government of Bosnia and

Hercegovina.

Sec. 604. United States military assistance for Bosnia and Hercegovina.

TITLE VII—SOUTH AFRICAN DEMOCRATIC TRANSITION SUPPORT

ACT OF 1993

Sec. 701. Short title.

Sec. 702. Findings.

Sec. 703. United States policy.

Sec. 704. Repeal of apartheid sanctions laws and other provisions directed at

South Africa.

Sec. 705. United States assistance for the transition to a nonracial democracy.

Sec. 706. United States investment and trade.

Sec. 707. Information and educational exchange programs.

Sec. 708. Other cooperative agreements.

Sec. 709. International financial institutions and other donors.

Sec. 710. Consultation with South Africans.

TITLE VIII—GENERAL PROVISIONS

Sec. 801. Violation of terms of assistance.

Sec. 802. Prohibition on lobbying.

Sec. 803. Private and voluntary organizations; documentation.

Sec. 804. Prohibition of payments to United Nations members.

Sec. 805. Military coups.

Sec. 806. Prohibition on assistance to countries that export lethal military

equipment to countries supporting international terrorism.

Sec. 807. Deadline for responding to congressional communications.

Sec. 808. Quarterly reports on obligation of funds.

Sec. 809. Definition.

Sec. 810. Notification of allocations of assistance.

Sec. 811. Special waiver authority.

Sec. 812. Strengthening of the nonproliferation regime.

Sec. 813. Congressional notification of proposed Department of Defense civic

action and humanitarian assistance programs.
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Sec. 814. Withholding of assistance for parking fines owed by foreign countries.

Sec. 815. Disability rights in United States foreign policy.

Sec. 816. Technical corrections.

TITLE IX—EFFECTIVE DATE

Sec. 901. Effective date.

1 TITLE I—REFORM OF FOREIGN

2 ASSISTANCE POLICIES AND

3 PROGRAMS

4 SEC. 101. STATEMENT OF UNITED STATES FOREIGN POL5 ICY.

6 Section 101 of the Foreign Assistance Act of 1961

7 (22 U.S.C. 2151) is amended to read as follows:

8 ‘‘SEC. 101. STATEMENT OF UNITED STATES FOREIGN POL9 ICY.

10 ‘‘The Congress finds that peace and prosperity de11 pend on the United States providing leadership in a world

12 community increasingly receptive to democracy, open and

13 competitive markets, and cooperation against aggression.

14 The United States has assisted other countries to

15 strengthen the capacity to develop their economies and

16 human resources, improve security, and build responsible

17 democratic institutions. The Congress recognizes that for

18 over 40 years the threat of international communism

19 weighed heavily on the programs and priorities of United

20 States economic and security assistance.

21 ‘‘The economic prosperity and security of the people

22 of the United States and of the world are best maintained
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1 and enhanced in an international community that respects

2 individual civil and political rights and economic freedoms,

3 provides for fundamental human needs, uses wisely the

4 world’s limited resources in a sustainable manner, and

5 works toward the achievement of economic well-being for

6 all people. Freedom can only be sustained by governments

7 whose legitimacy rests firmly on the expressed consent of

8 the governed; who are themselves agents and protectors

9 of individual civil, political and economic rights; and who

10 are committed to building the economic, political and so11 cial institutions which will improve the quality of the lives

12 of all their people.

13 ‘‘Fostering economic, military, and other forms of

14 international cooperation is vital to United States foreign

15 policy. Likewise, addressing the manifestations of perva16 sive poverty through development assistance is essential

17 to establishing the political, economic, and social environ18 ment necessary for sustained economic growth. Assistance

19 under this Act should serve the following five mutually re20 inforcing goals:

21 ‘‘(1) Building democracy.

22 ‘‘(2) Promoting and maintaining peace.

23 ‘‘(3) Promoting economic growth and sustain24 able development.

25 ‘‘(4) Addressing global problems.
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1 ‘‘(5) Providing humanitarian assistance.

2 ‘‘In order to ensure that international programs of

3 the United States Government are effectively coordinated

4 and are consistent in their furtherance of the foreign pol5 icy interests of the United States, the head of any depart6 ment or agency carrying out international programs or ac7 tivities shall ensure that such programs and activities are

8 undertaken pursuant to the foreign policy guidance of the

9 Secretary of State.

10 ‘‘Because strong and effective multilateralism will im11 prove the prospects for peace and prosperity regionally

12 and globally, other countries able to contribute should be

13 urged to join in undertaking to meet common goals and

14 objectives.’’.

15 SEC. 102. NEED FOR COMPREHENSIVE FOREIGN AID RE16 FORM.

17 (a) NEED FOR REFORM.—The Congress—

18 (1) welcomes the President’s comprehensive re19 view of United States foreign assistance programs

20 and the Agency for International Development;

21 (2) agrees with the President that United

22 States foreign assistance programs and the Agency

23 for International Development are in need of reform;

24 and
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1 (3) remains prepared to enact reform legislation

2 in time for the fiscal year 1995 authorization and

3 appropriations cycle.

4 (b) COMPREHENSIVE REFORM PLAN.—To facilitate

5 this reform process, the President shall consult with the

6 Congress on administrative and legislative actions to be

7 taken on reform and submit to the Congress, within 60

8 days after enactment of this Act, a plan for comprehensive

9 reform of United States foreign assistance programs and

10 of the agency primarily responsible for administering part

11 I of the Foreign Assistance Act of 1961.

12 (c) IMMEDIATE ACTIONS TO BE TAKEN.—The Con13 gress finds that to accomplish United States foreign as14 sistance objectives within strict budget limitations and to

15 assure the viability and effectiveness of these programs,

16 several immediate reform actions are required. In order

17 to further the reform process during fiscal year 1994, the

18 President shall take the following steps:

19 (1) Strengthen and elevate the Office of Donor

20 Coordination within the agency primarily responsible

21 for administering part I of the Foreign Assistance

22 Act of 1961 and have such office report directly to

23 the Administrator of that agency.

24 (2) Strengthen coordination within the United

25 States Government on policies and programs for for-
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1 eign assistance by revitalizing section 640B of the

2 Foreign Assistance Act of 1961.

3 (3) In consultation with the Congress, establish

4 a set of criteria for the closure or termination, as

5 the case may be, of field offices or programs of the

6 agency primarily responsible for administering part

7 I of the Foreign Assistance Act of 1961.

8 (4) By the end of fiscal year 1994, reduce by

9 20 percent the number of countries in which the

10 agency primarily responsible for administering part

11 I of the Foreign Assistance Act of 1961 currently

12 has either a field presence or programs, and provide

13 a report to the appropriate congressional committees

14 (as defined in section 644(q) of such Act) on

15 planned future reductions.

16 (5) Begin the administrative task of streamlin17 ing and rationalizing contracting and grant proce18 dures within the agency primarily responsible for ad19 ministering part I of the Foreign Assistance Act of

20 1961.

21 (d) EXPANDED FLEXIBILITY.—In order to assist the

22 President and the agency primarily responsible for admin23 istering part I of the Foreign Assistance Act of 1961 to

24 carry out these reforms, that Act is amended—

25 (1) in section 109—
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1 (A) by striking ‘‘15’’ and inserting in lieu

2 thereof ‘‘20’’;

3 (B) by striking ‘‘, except that the total in

4 the provision for the benefit of which the trans5 fer is made shall not be increased by more than

6 25 per centum of the amount of funds made

7 available for such provision’’; and

8 (C) by striking in the last sentence ‘‘five’’

9 and inserting in lieu thereof ‘‘ten’’;

10 (2) in section 610(a)—

11 (A) by striking ‘‘10’’ and inserting in lieu

12 thereof ‘‘20’’; and

13 (B) by striking ‘‘, except that the total in

14 the provision for the benefit of which the trans15 fer is made shall not be increased by more than

16 20 per centum of the amount of funds made

17 available for such provision’’; and

18 (3) in section 451(a), by striking out

19 ‘‘$25,000,000’’ and inserting in lieu thereof

20 ‘‘$45,000,000’’.

21 (e) GREATER LEVERAGING POWER.—In order to off22 set the strict budgetary constraints on United States de23 velopment assistance, as well as to leverage further con24 tributions for development from the private sector, and to
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1 ensure the financial independence of private and voluntary

2 organizations—

3 (1) it is the sense of Congress that private and

4 voluntary organizations participating in part I of

5 this Act should obtain a greater share of their re6 sources from private contributions; and

7 (2) the Administrator of the agency primarily

8 responsible for administering part I of the Foreign

9 Assistance Act of 1961 shall review annually those

10 private and voluntary organizations which receive 50

11 percent or more of their funding for international

12 activities from the United States Government to as13 sess whether those organizations are sufficiently

14 independent and sustainable.

15 SEC. 103. EVALUATION AND ACCOUNTABILITY.

16 Section 125 of the Foreign Assistance Act of 1961

17 (22 U.S.C. 2151w) is amended to read as follows:

18 ‘‘SEC. 125. EVALUATION AND ACCOUNTABILITY.

19 ‘‘(a) NEED FOR EVALUATION.—In order to manage

20 effectively and responsibly the resources with which such

21 agency is provided, the agency primarily responsible for

22 administering this part must have a capacity to evaluate

23 objectively the extent of its progress in achieving develop24 ment results and to derive lessons from its development

25 experience.
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1 ‘‘(b) ACTIONS TO BE TAKEN.—In furtherance of

2 subsection (a), the President shall establish a program

3 performance evaluation capacity within the agency pri4 marily responsible for administering this part that will do

5 the following:

6 ‘‘(1) Enhance, through training and other

7 means, the use of program performance, monitoring,

8 and evaluation as a management tool, by both the

9 agency and its counterparts in countries receiving

10 assistance, in the planning, designing, and imple11 mentation of foreign assistance projects and pro12 grams.

13 ‘‘(2) Develop a program performance informa14 tion system to afford agency managers at all levels

15 a means for monitoring and assessing achievement

16 of impact and interim performance of the agency’s

17 major programs in support of the strategic manage18 ment of economic assistance.

19 ‘‘(3) Prepare and disseminate objective and

20 periodic reports on the progress of the agency in

21 meeting development objectives and on lessons

22 learned from its development programs.

23 ‘‘(4) Strengthen the capacity to utilize the find24 ings of program performance, measurement, and
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1 evaluation in decisions of the agency about program

2 direction and resource allocation.

3 ‘‘(5) Coordinate with the Inspector General of

4 the agency so as to ensure appropriate complemen5 tary of efforts, recognizing that—

6 ‘‘(A) it is the responsibility of the agency

7 to direct a system of performance measurement

8 and independent evaluation of its programs and

9 policies, as well as the operational and manage10 ment systems that affect the development im11 pact of those programs and policies; and

12 ‘‘(B) it is the responsibility of the Inspec13 tor General to conduct regular and comprehen14 sive assessments and audits of financial man15 agement and administrative systems, including

16 the adequacy of the systems for monitoring and

17 evaluating agency projects and programs.

18 ‘‘(c) ACCOUNTABILITY.—The President shall prepare

19 an annual report to the Congress as a separate part of

20 the congressional presentation materials of the agency pri21 marily responsible for administering this part. This report

22 shall include the following:

23 ‘‘(1) An assessment of progress toward the

24 achievement of sustainable development objectives,

25 based on the findings of program performance, mon-
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1 itoring, and evaluation studies conducted by the

2 agency and on such other empirical analyses as may

3 be appropriate.

4 ‘‘(2) An analysis, on a country-by-country basis,

5 of the impact on economic development in each such

6 country during the preceding 3 to 5 fiscal years of

7 United States economic assistance programs, with a

8 discussion of the United States interests that were

9 served by the assistance. Each country receiving eco10 nomic assistance under this part or under the Sup11 port for East European Democracy (SEED) Act of

12 1989 shall be included in such an analysis at least

13 once every 5 years. For each country the analysis

14 shall—

15 ‘‘(A) describe the specific objectives the

16 United States sought to achieve in providing

17 economic assistance, and specify the extent to

18 which those objectives were or were not

19 achieved;

20 ‘‘(B) to the extent possible, be done on a

21 sector-by-sector basis and identify trends (both

22 favorable and unfavorable) within each sector

23 and, if relevant, identify any economic policy re24 forms conducive to sustainable economic growth

25 that were promoted by the assistance and the
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1 progress being made by the country in adopting

2 economic policies that foster and enhance the

3 freedom and opportunity of individuals to par4 ticipate in economic growth in that country;

5 ‘‘(C) as part of the context of United

6 States economic assistance, describe the amount

7 and nature of economic assistance provided by

8 other major donors during the preceding 3 to 5

9 fiscal years, set forth by the development sector

10 to the extent possible;

11 ‘‘(D) discuss the commitment of the host

12 government to addressing the country’s needs

13 in each development sector, including, to the ex14 tent possible, a description of the resources de15 voted by that government to each development

16 sector during the preceding 3 to 5 fiscal years;

17 ‘‘(E) contain statistical and other informa18 tion necessary to evaluate the impact and effec19 tiveness of United States economic assistance

20 on development in the country; and

21 ‘‘(F) identify any funds that, as of Sep22 tember 30 of the preceding fiscal year, either

23 had remained unobligated for three fiscal years

24 or more, or had been obligated but not ex25 pended for three fiscal years or more, and pro-
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1 vide an explanation for the failure to obligate or

2 expend such funds.’’.

3 SEC. 104. DEVELOPMENT ASSISTANCE REFORM.

4 (a) BASIC OBJECTIVES.—Section 102 of the Foreign

5 Assistance Act of 1961 (22 U.S.C. 2151–1) is amended

6 to read as follows:

7 ‘‘SEC. 102. BASIC OBJECTIVES OF UNITED STATES DEVEL8 OPMENT ASSISTANCE.

9 ‘‘(a) FOUR BASIC OBJECTIVES.—The primary pur10 pose of United States development assistance is the pro11 motion of broad based, sustainable, participatory develop12 ment, with particular focus on the poor. In pursuit of that

13 purpose, development assistance programs specified in this

14 Act, and United States economic cooperation policy gen15 erally, shall have the following four basic objectives, which

16 are interrelated and mutually reinforcing:

17 ‘‘(1) PROMOTING SUSTAINABLE ECONOMIC

18 GROWTH AND DEVELOPMENT.—Sustainable develop19 ment calls for a long-term participatory process,

20 with a particular focus on the disadvantaged major21 ity, that provides opportunities for the citizens of as22 sisted countries to improve their incomes and the

23 quality of their lives. Sustainable development tar24 gets the elimination of hunger, poverty, illness and

25 ignorance, while protecting the natural resource
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1 base. These goals are achieved primarily by activities

2 in the areas of enhancing human capital, expanding

3 income opportunities, building institutions, and de4 veloping and transferring knowledge and technology.

5 ‘‘(2) BUILDING DEMOCRATIC PARTICIPATION IN

6 DEVELOPMENT.—Encouraging democratization re7 quires using development assistance to promote the

8 elements of good governance, and to create an envi9 ronment where democratic values are understood

10 and utilized in policy and decision-making processes

11 at all levels.

12 ‘‘(3) ADDRESSING GLOBAL ISSUES.—United

13 States development assistance should support coop14 erative efforts to prevent, alleviate and resolve

15 transnational problems such as population growth,

16 environmental degradation, narcotics trafficking,

17 international crime, migration and refugee flows,

18 and contagious diseases.

19 ‘‘(4) RESPONDING TO EMERGENCY HUMANI20 TARIAN NEEDS.—In addition to efforts to promote

21 long-term development, United States development

22 assistance programs should be designed to respond

23 to natural or man-made disasters through humani24 tarian actions that limit long-term damage and
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1 begin the process of political and economic recon2 struction.

3 ‘‘(b) IMPLEMENTATION OF OBJECTIVES.—Funds

4 made available to carry out the purposes of section 103

5 of the Foreign Assistance Act of 1961 shall be used only

6 for purposes consistent with the four objectives listed in

7 subsection (a).’’.

8 (b) DEVELOPMENT ASSISTANCE.—Section 103 of the

9 Foreign Assistance Act of 1961 (22 U.S.C. 2151a) is

10 amended to read as follows:

11 ‘‘SEC. 103. DEVELOPMENT ASSISTANCE.

12 ‘‘(a) GENERAL AREAS OF ASSISTANCE.—In support

13 of the objectives described in section 102, the President

14 is authorized to furnish assistance, on such terms and con15 ditions as he may determine, in the following general

16 areas:

17 ‘‘(1) Agriculture, rural development, and nutri18 tion, for the purposes of—

19 ‘‘(A) eliminating famine and famine-relat20 ed deaths, substantially reducing starvation and

21 widespread chronic hunger, malnutrition and

22 undernutrition, especially among children,

23 women and the aged, and addressing important

24 micronutrient deficiencies including those of vi25 tamin A, iodine and iron;
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1 ‘‘(B) expanding significantly the provision

2 of basic services to rural poor people to enhance

3 their capacity for self-help;

4 ‘‘(C) helping to create productive farm and

5 off-farm employment in rural areas to provide

6 a more viable economic base and enhance op7 portunities for improved incomes, living stand8 ards, and contributions by rural poor people to

9 the economic and social development of their

10 countries; and

11 ‘‘(D) promoting development of farming

12 techniques that are environmentally sound,

13 technologically appropriate and economically

14 sustainable.

15 Such assistance may include assistance for reforest16 ation projects which are essential to fulfill the fun17 damental purposes of this section.

18 ‘‘(2) Population and health, for the purposes

19 of—

20 ‘‘(A) reducing population growth rates to

21 levels consistent with sustainable development,

22 promoting the rights of couples and individuals

23 to determine freely and responsibly the number

24 and spacing of their children, and improving in-
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1 dividual reproductive health, with special atten2 tion to the needs of women and adolescents;

3 ‘‘(B) expanding programs of primary

4 health care and disease prevention and control,

5 through development of safe water sources and

6 improved sanitation and hygiene, health plan7 ning and research, training of health care work8 ers, dietary education and reduction of diet-re9 lated diseases, and prevention and treatment of

10 AIDS; and

11 ‘‘(C) reduction of childhood mortality

12 through improved and expanded immunization

13 programs, oral rehydration, programs aimed at

14 removing social and other impediments to

15 breast-feeding, and improved nutrition, health

16 and sanitation.

17 Such assistance may include support for appropriate

18 activities of the types described in this paragraph

19 which are carried out by international organizations

20 and private and voluntary organizations, subject to

21 the restrictions described in subsection (b) and those

22 that apply to United States contributions to inter23 national organizations and programs.

24 ‘‘(3) Education and human resources develop25 ment, for the purposes of reducing illiteracy, extend-
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1 ing basic education and vocational training, and im2 proving productive skills.

3 ‘‘(4) Energy development and production, for

4 the purposes of improving energy efficiency, develop5 ing indigenous energy resources, expanding access

6 by poor and rural populations to energy sources,

7 promoting conservation, increasing awareness of and

8 emphasis on renewable energy sources, and develop9 ing environmentally responsible means and patterns

10 of energy use.

11 ‘‘(5) Building democratic, pluralistic institu12 tions, for the purposes of expanding popular partici13 pation in government and policymaking, increasing

14 awareness of and respect for human rights, promot15 ing harmony among diverse racial, religious, and

16 ethnic groups, developing stable free market econo17 mies, and creating an environment in which small

18 business and private enterprise can flourish.

19 ‘‘(6) Disaster preparedness and reconstruction,

20 for the purposes of prediction and contingency plan21 ning for natural disasters, reconstruction of physical

22 infrastructure following crises, and nation-building

23 efforts in the wake of military conflicts and social

24 upheaval.
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1 ‘‘(7) Environmental management, for the pur2 poses of enhancing the human and natural environ3 ment and conserving environmental resources, in4 cluding through facilitation of the adoption of envi5 ronmentally sound policies and technologies, environ6 mental restoration, and sustainable use of natural

7 resources; promotion of the use of environmental

8 technology, education, and training by United States

9 businesses, not-for-profit organizations, and institu10 tions of higher education; and promotion of coopera11 tive research efforts to improve the use of natural

12 resources and to validate and track the environ13 mental consequences of resource use.

14 ‘‘(8) Programs designed to help solve special

15 development problems in the poorest countries, in16 cluding developing income-generating opportunities

17 for the unemployed and underemployed in urban and

18 rural areas through, among other things, expanding

19 opportunities for off-farm employment in micro- and

20 small-scale enterprises.

21 ‘‘(b) RESTRICTIONS ON ASSISTANCE.—

22 ‘‘(1) None of the funds made available to carry

23 out this part may be used to pay for the perform24 ance of abortions as a method of family planning or
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1 to motivate or coerce any person to practice abor2 tions.

3 ‘‘(2) None of the funds made available to carry

4 out this part may be used to pay for the perform5 ance of involuntary sterilizations as a method of

6 family planning or to coerce or provide any financial

7 incentive to any person to undergo sterilization.

8 ‘‘(3) None of the funds made available to carry

9 out this part may be used to pay for any biomedical

10 research which relates, in whole or in part, to meth11 ods of, or the performance of, abortions or involun12 tary sterilization as a means of family planning.’’.

13 (c) REPEAL OF DEVELOPMENT ASSISTANCE AU14 THORITIES.—Sections 104 through 107 of the Foreign

15 Assistance Act of 1961 are hereby repealed.

16 (d) RULE OF CONSTRUCTION.—Any reference in any

17 law in effect on the date of enactment of this Act to sec18 tion 103, 104, 105, 106, or 107 of the Foreign Assistance

19 Act of 1961 shall, on and after such date, be deemed to

20 be a reference to section 103 of the Foreign Assistance

21 Act of 1961.

22 SEC. 105. MILITARY ASSISTANCE REFORM.

23 (a) IN GENERAL.—Section 501 of the Foreign Assist24 ance Act of 1961 (22 U.S.C. 2301) is amended to read

25 as follows:
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1 ‘‘SEC. 501. MILITARY ASSISTANCE POLICIES.

2 ‘‘(a) STATEMENT OF POLICY.—United States policy

3 must foster a climate in which all nations can live in peace,

4 security, and stability. It is in the interest of the United

5 States to address those threats to such a climate that arise

6 through the persistence of regional conflicts, the threat of

7 aggression fostered by military imbalances among neigh8 boring nations, the proliferation of weapons of mass de9 struction, the continued proliferation of conventional

10 weapons of increasing capability, or the persistent at11 tempts by armed groups violently to overthrow democrat12 ically elected governments.

13 ‘‘The United States is prepared to consider requests

14 for assistance by foreign countries lacking the resources

15 to meet their legitimate national security needs. Together

16 with other assistance provided under this Act, military as17 sistance should contribute to the development of economic

18 and social improvements that enhance the development

19 and maintenance of democratic political systems. Military

20 assistance provided to friendly foreign countries should

21 serve as a necessary transition to achieve self-sufficiency.

22 ‘‘Military assistance should foster cooperative secu23 rity arrangements and support multilateral efforts

24 through the United Nations and other international orga25 nizations to promote peaceful settlement of disputes.
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1 ‘‘The President should continue to seek, through ne2 gotiations with other principal countries supplying or re3 ceiving defense articles and defense services, the establish4 ment of effective multilateral controls on the transfer of

5 defense articles and defense services, including controls on

6 the furnishing of assistance for the procurement of such

7 articles and services.

8 ‘‘(b) OBJECTIVES OF MILITARY ASSISTANCE.—The

9 authorities to furnish military assistance that are provided

10 in this part shall be exercised (subject to the supervision

11 and direction of the Secretary of State pursuant to section

12 622(c)) solely to achieve the following objectives:

13 ‘‘(1) Exerting maximum efforts to achieve

14 international arms control and reduction.

15 ‘‘(2) Promoting the establishment of a relation16 ship between civilian and military sectors appro17 priate to a democratic system of government.

18 ‘‘(3) Enhancing the military capability of for19 eign countries to meet their legitimate security

20 needs, and permitting the recipient countries to par21 ticipate in regional or collective arrangements or

22 measures consistent with the Charter of the United

23 Nations or as requested by the United Nations.

24 ‘‘(4) Providing support to foreign countries to

25 meet transnational threats, in particular to combat
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1 the flow of illicit narcotics and to combat inter2 national terrorism and international crime.

3 ‘‘(5) Meeting urgent humanitarian needs by im4 proving the capability of the armed forces of foreign

5 countries to respond to natural and manmade disas6 ters.

7 ‘‘(6) Increasing the awareness of nationals of

8 friendly countries of basic issues involving demo9 cratic values and institutions, especially respect for

10 internationally recognized human rights.

11 ‘‘(7) Promoting self-defense and defense co12 operation by assisting friendly countries to acquire

13 United States defense articles and services.

14 ‘‘(8) Promoting the effectiveness and profes15 sionalism of military forces of friendly foreign coun16 tries.

17 ‘‘(9) Promoting rationalization, standardization,

18 and interoperability of the military forces of friendly

19 foreign countries with the Armed Forces of the

20 United States.’’.

21 (b) CONFORMING AMENDMENT.—Section 502 of that

22 Act (22 U.S.C. 2302) is amended to read as follows:
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1 ‘‘SEC. 502. UTILIZATION OF DEFENSE ARTICLES AND DE2 FENSE SERVICES BY RECIPIENT COUNTRIES.

3 ‘‘Defense articles and defense services may be fur4 nished to a foreign country under chapter 2 of this part

5 for use solely for the following purposes:

6 ‘‘(1) Legitimate self-defense.

7 ‘‘(2) Participation in regional or collective ar8 rangements or measures consistent with the Charter

9 of the United Nations, or participation in collective

10 measures requested by the United Nations for the

11 purpose of maintaining or restoring international

12 peace and security.

13 ‘‘(3) Internal security.

14 ‘‘(4) Responding to natural and manmade dis15 asters in order to meet urgent humanitarian needs.

16 ‘‘(5) Meeting transnational threats, in particu17 lar to combat the flow of illicit narcotics and to com18 bat international terrorism and international crime.

19 ‘‘(6) Such other purposes as may be explicitly

20 provided for in particular provisions of law.’’.

21 (c) INTERNATIONAL MILITARY EDUCATION AND

22 TRAINING.—Section 541 of the Foreign Assistance Act of

23 1961 (22 U.S.C. 2347) is amended to read as follows:

24 ‘‘SEC. 541. GENERAL AUTHORITY.

25 ‘‘(a) OBJECTIVES OF ASSISTANCE.—(1) The Presi26 dent is authorized to furnish, on such terms and condi-
28

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1 tions consistent with this Act as the President may deter2 mine (but whenever feasible on a reimbursable basis), mili3 tary education and training to military and related civilian

4 personnel (including legislators and personnel of min5 istries other than defense ministries) of foreign countries,

6 if the military education and training would—

7 ‘‘(A) foster greater respect for and understand8 ing of democracy and civilian rule of law, including

9 the principle of civilian control of the military; and

10 ‘‘(B) foster greater respect for internationally

11 recognized human rights.

12 ‘‘(2) In addition to carrying out the objectives of

13 paragraph (1), senior professional military education

14 courses shall also be designed to contribute to responsible

15 defense resource management, improve military justice

16 systems and procedures, and promote understanding of

17 the role of cooperative security arrangements through the

18 United Nations and other international organizations, as

19 well as contribute to an ability to participate in multilat20 eral peacekeeping operations.

21 ‘‘(b) IMPLEMENTATION OF ASSISTANCE.—Education

22 and training under this section may be provided

23 through—
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1 ‘‘(1) attendance at military educational and

2 training facilities in the United States (other than

3 Service academies) and abroad;

4 ‘‘(2) attendance in special courses of instruction

5 at schools and institutions of learning or research in

6 the United States and abroad; and

7 ‘‘(3) observation and orientation visits to mili8 tary facilities and related activities in the United

9 States and abroad.’’.

10 SEC. 106. ASSISTANCE FOR HUMAN RIGHTS AND DEMO11 CRATIC INITIATIVES.

12 (a) ASSISTANCE FOR HUMAN RIGHTS AND DEMO13 CRATIC INITIATIVES.—Section 116(e) of the Foreign As14 sistance Act of 1961 (22 U.S.C. 2151n(e)) is amended to

15 read as follows:

16 ‘‘(e) SUPPORT FOR HUMAN RIGHTS.—

17 ‘‘(1) AUTHORIZATION AND GENERAL PURPOSES

18 OF ASSISTANCE.—The President may use funds

19 made available to carry out chapter 1 or 10 of this

20 part or chapter 4 of part II to furnish assistance to

21 support the programs and activities described in

22 paragraph (2) in order to—

23 ‘‘(A) promote increased adherence to inter24 nationally recognized human rights, as set forth
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1 in the Universal Declaration of Human Rights;

2 and

3 ‘‘(B) improve the performance of institu4 tions of democracy.

5 ‘‘(2) PROGRAMS AND ACTIVITIES THAT MAY BE

6 SUPPORTED.—Funds made available under this sec7 tion shall be available to support only the following:

8 ‘‘(A) Programs and activities to enhance

9 the independence and effectiveness of institu10 tions of democratic governance, including sup11 port for administrative, judicial, electoral, and

12 legislative processes.

13 ‘‘(B) Programs and activities—

14 ‘‘(i) to encourage the growth of inde15 pendent associations by strengthening pro16 fessional, civic, trade union, business, com17 munity, and other organizations that con18 tribute to the promotion of democracy, and

19 ‘‘(ii) to enhance the organizational

20 and leadership skills of the members of

21 such organizations in order to increase ef22 fective citizen participation in democratic

23 processes.

24 ‘‘(C) Programs and activities to increase

25 awareness of internationally recognized human
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1 rights (including by increasing the availability

2 of information concerning the status of respect

3 for internationally recognized human rights)

4 and to improve the effective exercise of those

5 rights.

6 ‘‘(D) Programs and activities—

7 ‘‘(i) to support victims of abuses of

8 internationally recognized human rights,

9 including the direct provision of legal serv10 ices, and the provision of rehabilitation

11 services for victims of torture; and

12 ‘‘(ii) to support organizations and in13 stitutions seeking to bring to justice those

14 responsible for perpetrating such abuses.

15 ‘‘(E) Programs and activities to support a

16 free and independent media.

17 ‘‘(F) Programs and activities to strengthen

18 respect for the rule of law, including by—

19 ‘‘(i) providing specialized professional

20 training, scholarships, and exchanges for

21 continuing legal education;

22 ‘‘(ii) promoting the role of the bar in

23 judicial selection, enforcement of ethical

24 standards, and legal reform;
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1 ‘‘(iii) increasing the availability of

2 legal materials and publications; and

3 ‘‘(iv) supporting the revision and mod4 ernization of legal codes and procedures.

5 ‘‘(3) ELIGIBLE RECIPIENTS OF ASSISTANCE.—

6 Assistance under this section may be furnished to

7 countries and organizations, whether public or non8 governmental, including local, national, regional, and

9 international organizations. A substantial portion of

10 the funds made available each fiscal year to carry

11 out this section shall be used for assistance provided

12 to nongovernmental organizations.

13 ‘‘(4) PROHIBITION RELATING TO ELECTIONS.—

14 Assistance under this section may not be used to in15 fluence the outcome of any election in any country.

16 ‘‘(5) NOTIFICATION TO CONGRESS.—At least 15

17 days before obligating funds under this subsection,

18 the President shall notify the appropriate congres19 sional committees (as defined in section 644(q) of

20 the Foreign Assistance Act of 1961) in accordance

21 with the procedures applicable to reprogramming no22 tifications under section 634A.

23 ‘‘(6) LIMITATION ON USE OF FUNDS FOR AFRI24 CA.—Funds made available for assistance under

25 chapter 10 of this part may be used to carry out this
33

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1 section only with respect to countries in sub-Saharan

2 Africa.’’.

3 (b) REPEALS.—Subsections (f) and (g) of section 116

4 of such Act (22 U.S.C. 2151n(f), (g)) are hereby repealed.

5 SEC. 107. NOTIFICATION OF PROGRAM CHANGES.

6 Section 634A of the Foreign Assistance Act of 1961

7 (22 U.S.C. 2394) is amended to read as follows:

8 ‘‘SEC. 634A. NOTIFICATION OF PROGRAM CHANGES.

9 ‘‘(a) INCREASED ASSISTANCE AND NEW PRO10 GRAMS.—Unless the appropriate congressional committees

11 (as defined in section 644(q)) are notified at least 15 days

12 in advance, funds appropriated for a fiscal year to carry

13 out the purposes of this Act or the Arms Export Control

14 Act may not be obligated for the following:

15 ‘‘(1) INCREASE IN ASSISTANCE LEVEL.—Any

16 assistance under any provision of those Acts—

17 ‘‘(A) for a country or international organi18 zation for which assistance under that provision

19 was not justified in congressional presentation

20 documents for that fiscal year; or

21 ‘‘(B) in excess of the amount justified in

22 the congressional presentation documents and

23 allocated pursuant to section 653(a) for that

24 country or organization under that provision for

25 that fiscal year.
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1 ‘‘(2) NEW ACTIVITIES.—Any economic assist2 ance for a program, project, or activity under any

3 provision of those Acts—

4 ‘‘(A) which was not justified in congres5 sional presentation documents for that fiscal

6 year; and

7 ‘‘(B) for which assistance was not fur8 nished for the preceding fiscal year.

9 ‘‘(b) CONGRESSIONAL PRESENTATION DOCU10 MENTS.—For purposes of this section, the term ‘congres11 sional presentation documents’ means documents submit12 ted annually to the Congress by the President with respect

13 to a budget request involving assistance under this Act

14 or the Arms Export Control Act or the justification docu15 ments accompanying a request by the President for sup16 plemental authorizations of appropriations or supple17 mental appropriations for assistance under those Acts.

18 ‘‘(c) APPROPRIATIONS SUBJECT TO REQUIRE19 MENT.—Subsection (a) shall apply with respect to all

20 funds made available under this Act (including assistance

21 provided under chapter 8 of part I of this Act (relating

22 to international narcotics control)) and the Arms Export

23 Control Act other than—
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1 ‘‘(1) assistance under section 221 of this Act

2 (relating to the housing and other credit guarantee

3 program);

4 ‘‘(2) assistance under title IV of chapter 2 of

5 part I of this Act (relating to the Overseas Private

6 Investment Corporation);

7 ‘‘(3) assistance for programs of disaster relief

8 and rehabilitation, including international disaster

9 assistance programs under chapter 9 of part I of

10 this Act; and

11 ‘‘(4) assistance under section 661 of this Act

12 (relating to the Trade and Development Agency).

13 ‘‘(d) WAIVER.—(1) Subject to paragraph (2), the

14 President may waive the requirement of subsection (a),

15 or any similar requirement contained in any law which au16 thorizes appropriations or appropriates funds for foreign

17 assistance activities to provide advance notification to the

18 Congress or specified congressional committees, if the

19 President determines that failure to do so would pose a

20 substantial risk to human health or welfare.

21 ‘‘(2) Before exercising the authority of this sub22 section, the President shall notify the appropriate congres23 sional committees, the Congress, or the specified congres24 sional committees (as the case may be). Any notification

25 under this paragraph shall contain an explanation of the
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1 circumstances necessitating the use of the authority of this

2 subsection.

3 ‘‘(e) PROCEDURES APPLICABLE FOR NOTIFICATIONS

4 TO AUTHORIZING COMMITTEES.—The President shall no5 tify the Chairman of the Committee on Foreign Relations

6 of the Senate and the Chairman of the Committee on For7 eign Affairs of the House of Representatives concerning

8 any reprogramming of funds in the International Affairs

9 Budget Function 150, the authorizations of appropria10 tions for which are in their respective jurisdictions, to the

11 same degree and with the same conditions as the Presi12 dent notifies the Committees on Appropriations of the

13 House of Representatives and the Senate. The require14 ments of this section are in addition to, and not in lieu

15 of, other notification requirements.’’.

16 SEC. 108. TERMINATION EXPENSES.

17 Section 617 of the Foreign Assistance Act of 1961

18 (22 U.S.C. 2367) is amended to read as follows:

19 ‘‘SEC. 617. TERMINATION EXPENSES.

20 ‘‘(a) IN GENERAL.—Funds made available under this

21 Act shall remain available for obligation for a period not

22 to exceed 8 months from the date of any termination of

23 assistance under this Act for the necessary expenses of

24 winding up programs related to such termination. Funds

25 obligated under the authority of this Act before the effec-
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1 tive date of the termination of assistance are authorized

2 to remain available for expenditure for the necessary ex3 penses of winding up programs related to such termi4 nation notwithstanding any provision of law restricting the

5 expenditure of funds. In order to ensure the effectiveness

6 of assistance under this Act, such expenses for orderly ter7 mination of programs may include the obligation and ex8 penditure of funds to complete the training or studies out9 side their countries of origin of students whose course of

10 study or training program began before assistance was

11 terminated.

12 ‘‘(b) GUARANTY PROGRAMS.—Provisions of this or

13 any other Act requiring the termination of assistance

14 under this Act shall not be construed to require the termi15 nation of guarantee commitments that were entered into

16 before the effective date of the termination of assistance.

17 ‘‘(c) RELATION TO OTHER PROVISIONS.—Unless spe18 cifically made inapplicable by another provision of law, the

19 provisions of this section shall be applicable to the termi20 nation of foreign assistance pursuant to any provision of

21 law.’’.

22 SEC. 109. IMPACT OF FOREIGN ASSISTANCE PROGRAMS ON

23 JOBS IN THE UNITED STATES.

24 The Foreign Assistance Act of 1961 is amended by

25 inserting after section 617 the following new section:
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1 ‘‘SEC. 618. IMPACT OF FOREIGN ASSISTANCE PROGRAMS

2 ON JOBS IN THE UNITED STATES.

3 ‘‘(a) PROHIBITIONS.—Funds made available by this

4 Act may not be obligated or expended to provide—

5 ‘‘(1) any financial incentive to a business enter6 prise located in the United States for the purpose of

7 inducing that enterprise to relocate outside the

8 United States if such incentive or inducement is

9 likely to reduce the number of individuals employed

10 in the United States by that enterprise because that

11 enterprise would replace production in the United

12 States with production outside the United States;

13 ‘‘(2) assistance for the purpose of establishing

14 or developing in a foreign country any export proc15 essing zone or designated area in which the tax, tar16 iff, labor, environment, and safety laws of that coun17 try do not apply, in part or in whole, to activities

18 carried out within that zone or area, unless the

19 President determines and certifies that such assist20 ance is not likely to cause a loss of jobs within the

21 United States;

22 ‘‘(3) direct support for any project or activity

23 that is specifically designed to increase exports of

24 any agricultural, import-sensitive textile, or apparel

25 commodity from a developing country if such ex26 ports—
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1 ‘‘(A) would be in direct competition with

2 United States exports; and

3 ‘‘(B) can reasonably be expected to cause

4 substantial injury to United States exporters of

5 the same or substantially similar commodity,

6 except that this subsection shall not prohibit activi7 ties designed to increase food security in developing

8 countries; or

9 ‘‘(4) assistance for any project or activity that

10 contributes to the violation of internationally recog11 nized workers rights (as defined in section 502(a)(4)

12 of the Trade Act of 1974) of workers in the recipi13 ent country, including in any designated zone or

14 area in that country.

15 ‘‘(b) EXCEPTION.—In recognition that the applica16 tion of subsection (a)(4) should be commensurate with the

17 level of development of the recipient country and sector,

18 that paragraph does not preclude assistance for the infor19 mal sector in such country, for microenterprises and

20 small-scale enterprises, or for small-holder agriculture.’’.

21 SEC. 110. DONATION OF SERVICES FOR DEMOCRACY DE22 VELOPMENT.

23 Section 635(d) of the Foreign Assistance Act of 1961

24 (22 U.S.C. 2395(d)) is amended—

25 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
40

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1 (2) by adding at the end the following:

2 ‘‘(2) With respect to programs, projects, and activi3 ties under this Act to promote the development of democ4 racies overseas—

5 ‘‘(A) the President shall encourage the use of

6 donated services by individuals to the greatest extent

7 possible; and

8 ‘‘(B) the Administrator of the agency primarily

9 responsible for administering part I of this Act shall

10 prescribe regulations ensuring the greatest possible

11 use of donated services by individuals.’’.

12 SEC. 111. AUTHORITY TO DEOBLIGATE GRANT FUNDS.

13 Section 636 of the Foreign Assistance Act of 1961

14 (22 U.S.C. 2396) is amended by adding at the end the

15 following new subsection:

16 ‘‘(j) No funds made available under chapter 1 of part

17 I or chapter 4 of part II of this Act may be provided on

18 a grant basis for a foreign country except pursuant to a

19 grant agreement which authorizes the agency primarily re20 sponsible for administering part I of this Act to deobligate

21 such funds without obtaining the approval of the govern22 ment of such country.’’.
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1 SEC. 112. DEOBLIGATION OF CERTAIN UNEXPENDED ECO2 NOMIC ASSISTANCE FUNDS.

3 (a) REQUIREMENT TO DEOBLIGATE.—Except as

4 provided in subsection (b), at the beginning of each fiscal

5 year the President shall deobligate, and return to the

6 Treasury, any funds that, as of the end of the preceding

7 fiscal year, have been obligated for a period of more than

8 4 years for development assistance, economic support fund

9 assistance, assistance from the Development Fund for Af10 rica, assistance under chapter 4 of part I of the Foreign

11 Assistance Act of 1961 (relating to the Multilateral Assist12 ance Initiative for the Philippines), assistance under the

13 Support for East European Democracy (SEED) Act of

14 1989, and assistance to carry out chapter 11 of part I

15 of the Foreign Assistance Act of 1961 (relating to assist16 ance to the independent states of the former Soviet

17 Union), but have not been expended.

18 (b) EXCEPTIONS.—The President, on a case-by-case

19 basis, may waive the requirement of subsection (a) if the

20 President determines, and reports to the appropriate con21 gressional committees, that—

22 (1) the funds are being used for a capital or

23 long-term participant training project that requires

24 more than 4 years to complete; or
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1 (2) the funds have not been expended because

2 of unforeseen circumstances, and those cir3 cumstances could not have been reasonably foreseen.

4 (c) COMMENTS ON REPORTS.—As soon as possible

5 after submission of a report pursuant to subsection (b),

6 the Inspector General for the agency primarily responsible

7 for administering part I of the Foreign Assistance Act of

8 1961 shall submit to the appropriate congressional com9 mittees (as defined in section 644(q) of the Foreign As10 sistance Act of 1961) such comments as the Inspector

11 General considers appropriate with regard to the deter12 mination described in that report.

13 (d) EFFECTIVE DATE.—The requirements of this

14 section shall be effective beginning October 1, 1994.

15 SEC. 113. UNITED STATES ECONOMIC AND MILITARY AS16 SISTANCE.

17 (a) FINDINGS.—The Congress finds that—

18 (1) the failure of socialist economies in the

19 former Eastern bloc countries has fostered an explo20 sion of countries attempting to develop effectively

21 functioning free market economies;

22 (2) coupled with a breakup of monolithic power

23 blocs and a rise of nationalist sentiment, these newly

24 empowered economies create a completely new set of
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1 challenges, opportunities, and potential instabilities

2 for the United States;

3 (3) for instance, ancient trade routes which lay

4 dormant across countries separated by decades of

5 hostility are once again springing to life, but in some

6 cases, age-old conflicts may threaten the expansion

7 of trade;

8 (4) just as the rebirth of Western Europe’s

9 economy after the Second World War under the

10 Marshall Plan created a huge market for American

11 goods and services, so these newly emerging econo12 mies carry much similar potential;

13 (5) in many cases, United States assistance re14 mains targeted at military threats that have evapo15 rated, while the urgency of economic assistance to

16 vital economic reforms grows;

17 (6) United States economic assistance must be

18 focused to provide support for market-oriented re19 forms that will yield self-sustaining economic

20 progress; and

21 (7) countries with a proven record of successful

22 application of United States economic assistance,

23 such as the nations of Western Europe, Taiwan,

24 Japan, and others, should be studied as prototypes
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1 of effective application of United States taxpayer

2 funds.

3 (b) STUDY AND REPORT.—(1) Not later than 180

4 days after the date of enactment of this Act, the Secretary

5 of State, in consultation with the Secretaries of Defense

6 and Treasury and the Administrator of the Agency for

7 International Development, shall submit to the Speaker of

8 the House of Representatives and to the Chairman of the

9 Committee on Foreign Relations of the Senate a report

10 on United States military and economic assistance, focus11 ing on the balance between and the appropriate uses of

12 each.

13 (2) The report shall include—

14 (A) an analysis of security threats to recipients

15 of United States assistance;

16 (B) an analysis of the economic challenges to

17 such recipients;

18 (C) an overall strategy for the application of

19 United States economic assistance in a manner that

20 will most effectively contribute to the long-term eco21 nomic strength of each nation;

22 (D) the status of privatization in recipient

23 countries and an examination of how United States

24 assistance is being used to advance that goal; and
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1 (E) a list of countries in which a shift of United

2 States military assistance to United States economic

3 assistance would be feasible and desirable because

4 they face a minimal military threat or do not face

5 a military threat posed by countries on the terrorism

6 list of the Secretary of State.

7 (c) CLASSIFIED ANNEX.—To ensure a complete anal8 ysis of military threats facing those countries receiving

9 United States assistance, the report may include a classi10 fied annex if necessary.

11 SEC. 114. ASSISTANCE TO PROMOTE CONFLICT RESOLU12 TION.

13 (a) FINDINGS.—Congress finds that—

14 (1) ethnic conflict in the former Yugoslavia,

15 Eastern Europe, the former Soviet Union, the Mid16 dle East, and other critically important regions of

17 the world poses an enormous barrier to democratiza18 tion and sustainable development, as well as a direct

19 threat to international security;

20 (2) such circumstances are often characterized

21 by a basic deficiency of available mechanisms and

22 facilities to promote the human contacts, delibera23 tions, and negotiations necessary for conflict resolu24 tion; and
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1 (3) where such mechanisms and facilities can be

2 brought into being through the assistance and good

3 offices of the United States Government, such ef4 forts may prove highly cost-effective in promoting

5 United States national security interests.

6 (b) POLICY.—Congress urges the President to direct

7 the foreign affairs agencies of the United States, including

8 the Agency for International Development and the United

9 States Information Agency, to develop programs and allo10 cate resources to provide assistance of the kind described

11 in subsection (a).

12 (c) REPORT.—Not later than March 1, 1994, the Ad13 ministrator of the Agency for International Development

14 shall submit to the Speaker of the House of Representa15 tives and the Chairman of the Committee on Foreign Re16 lations of the Senate a report—

17 (1) analyzing the potential for programs to pro18 vide the kind of assistance described in subsection

19 (a); and

20 (2) describing any actions undertaken by the

21 Agency for International Development and other

22 agencies to provide such assistance.
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1 SEC. 115. INSPECTOR GENERAL OF THE AGENCY FOR

2 INTERNATIONAL DEVELOPMENT.

3 Section 8A of the Inspector General Act of 1978 (5

4 U.S.C. App. 3) is amended—

5 (1) by redesignating subsection (h) as sub6 section (i); and

7 (2) by inserting after subsection (g) the follow8 ing:

9 ‘‘(h) The Inspector General of the Agency for Inter10 national Development shall serve a term of 6 years and

11 may be reappointed in accordance with section 3(a) of this

12 Act.’’.

13 SEC. 116. REPEAL OF OBSOLETE PROVISIONS OF LAW.

14 (a) REPEAL OF PROVISIONS FROM PRIOR FOREIGN

15 ASSISTANCE ACTS.—The following provisions of law are

16 hereby repealed:

17 (1) 1986 ASSISTANCE ACT.—The Special For18 eign Assistance Act of 1986, except for section 1,

19 title I, and section 204.

20 (2) 1985 ASSISTANCE ACT.—The International

21 Security and Development Cooperation Act of 1985,

22 except for section 1, section 131, section 132, sec23 tion 202(c), section 203(b), section 305, section 502,

24 section 504, section 505, part B of title V (other

25 than section 558 and section 559), section 803, sec-
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1 tion 904, section 906, section 1302, and section

2 1303.

3 (3) 1985 JORDAN SUPPLEMENTAL ACT.—The

4 Jordan Supplemental Economic Assistance Author5 ization Act of 1985.

6 (4) 1985 AFRICAN FAMINE ACT.—The African

7 Famine Relief and Recovery Act of 1985.

8 (5) 1983 ASSISTANCE ACT.—The International

9 Security and Development Assistance Authorizations

10 Act of 1983.

11 (6) 1983 LEBANON ASSISTANCE ACT.—The

12 Lebanon Emergency Assistance Act of 1983.

13 (7) 1981 ASSISTANCE ACT.—The International

14 Security and Development Cooperation Act of 1981,

15 except for sections 1, 709, 712, 714, 735, and 737.

16 (8) 1980 ASSISTANCE ACT.—The International

17 Security and Development Cooperation Act of 1980,

18 except for sections 1, 110, 315, and 408, and title

19 V.

20 (9) 1979 DEVELOPMENT ASSISTANCE ACT.—

21 The International Development Cooperation Act of

22 1979.

23 (10) 1979 SECURITY ASSISTANCE ACT.—The

24 International Security Assistance Act of 1979.
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1 (11) 1979 SPECIAL SECURITY ASSISTANCE

2 ACT.—The Special International Security Assistance

3 Act of 1979, except for sections 1 and 10.

4 (12) 1978 DEVELOPMENT ASSISTANCE ACT.—

5 The International Development and Food Assistance

6 Act of 1978, except for section 1, title IV, and sec7 tion 603(a)(2).

8 (13) 1978 SECURITY ASSISTANCE ACT.—The

9 International Security Assistance Act of 1978.

10 (14) 1977 DEVELOPMENT ASSISTANCE ACT.—

11 The International Development and Food Assistance

12 Act of 1977, except for sections 1, 132, and 133.

13 (15) 1977 SECURITY ASSISTANCE ACT.—The

14 International Security Assistance Act of 1977.

15 (16) 1976 SECURITY ASSISTANCE ACT.—The

16 International Security Assistance and Arms Export

17 Control Act of 1976, except for sections 1, 201(b),

18 212(b), 601, and 608.

19 (17) 1975 DEVELOPMENT ASSISTANCE ACT.—

20 The International Development and Food Assistance

21 Act of 1975.

22 (18) 1974 ASSISTANCE ACT.—The Foreign As23 sistance Act of 1974.

24 (19) 1973 EMERGENCY ASSISTANCE ACT.—The

25 Emergency Security Assistance Act of 1973.
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1 (20) 1973 ASSISTANCE ACT.—The Foreign As2 sistance Act of 1973.

3 (21) 1971 ASSISTANCE ACT.—The Foreign As4 sistance Act of 1971.

5 (22) 1971 SPECIAL ASSISTANCE ACT.—The

6 Special Foreign Assistance Act of 1971, except for

7 sections 1 and 7.

8 (23) 1971 FMS ACT.—The Act entitled ‘‘An Act

9 to amend the Foreign Military Sales Act, and for

10 other purposes’’, approved January 12, 1971 (Public

11 Law 91–672), except for sections 8(d), 10, 11, 12,

12 and 13.

13 (b) PROVISIONS OF THE FOREIGN ASSISTANCE ACT

14 OF 1961.—The following provisions of the Foreign Assist15 ance Act of 1961 are repealed: section 120, title I of chap16 ter 2 of part I, section 219, section 494, section 495B

17 through 495G, section 495I, and section 611.

18 (c) REPEAL OF UNNECESSARY REPORTING RE19 QUIREMENTS.—The following provisions of law are hereby

20 repealed:

21 (1) Section 45(b–c) of the Bretton Woods

22 Agreement Act (22 U.S.C. 286cc(b)), relating to

23 loans by the International Monetary Fund to coun24 tries having high debt service ratios.
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1 (2) Section 49(c)(2) of the Bretton Woods

2 Agreement Act (22 U.S.C. 286gg(c)(2)), relating to

3 trade and investment practices and to International

4 Monetary Fund programs.

5 (3) Section 3 of the joint resolution entitled

6 ‘‘Joint resolution to promote peace and stability in

7 the Middle East’’, approved March 9, 1957 (Public

8 Law 85–7), relating to Eisenhower Doctrine funds

9 for fiscal year 1959.

10 (4) Section 39(d)(1) of the Arms Export Con11 trol Act (22 U.S.C. 2779), relating to verification of

12 arms control agreements.

13 (5) Section 53(b) of the Arms Export Control

14 Act (22 U.S.C. 2795(b)), relating to special defense

15 acquisition fund—likely procurement.

16 (6) Section 702 of the Support for East Euro17 pean Democracy (SEED) Act of 1989 (22 U.S.C.

18 5472), relating to confidence-building measures by

19 Poland and Hungary.

20 (7) Section 705 of the Support for East Euro21 pean Democracy (SEED) Act of 1989 (22 U.S.C.

22 5475), relating to report on espionage activities.

23 (8) Section 2(b) (1) and (2) of the Authoriza24 tion for Use of Military Force Against Iraq Resolu-
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1 tion (105 Stat. 3), relating to the determination to

2 use military force against Iraq.

3 (9) Section 1310(c) of the National Defense

4 Authorization Act, Fiscal Year 1989 (Public Law

5 100–456), relating to human rights abuses and di6 versions of humanitarian assistance by the Govern7 ment of Ethiopia.

8 (d) SAVINGS PROVISION.—The repeal by this Act of

9 any provision of law that amended or repealed another

10 provision of law does not affect in any way that amend11 ment or repeal.

12 TITLE II—BILATERAL ECONOMIC

13 AND DEVELOPMENT ASSIST14 ANCE

15 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

16 (a) AUTHORIZATION.—There are authorized to be ap17 propriated for fiscal year 1994 the following amounts for

18 the following purposes:

19 (1) DEVELOPMENT ASSISTANCE.—In addition

20 to funds otherwise available for such purposes,

21 $921,480,000 to carry out the purposes of section

22 103 of the Foreign Assistance Act of 1961 (as

23 amended by this Act), which funds are authorized to

24 remain available until expended.
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1 (2) POPULATION ASSISTANCE.—In addition to

2 funds otherwise available for such purposes,

3 $400,000,000 to carry out section 103(a)(2)(A) of

4 the Foreign Assistance Act of 1961 (as amended by

5 this Act), which funds are authorized to remain

6 available until expended.

7 (3) DEVELOPMENT FUND FOR AFRICA.—

8 $800,000,000 to carry out chapter 10 of part I of

9 the Foreign Assistance Act of 1961.

10 (4) INTERNATIONAL DISASTER ASSISTANCE.—

11 $148,965,000 to carry out section 491 of the For12 eign Assistance Act of 1961. Of this amount, the

13 Congress expects that not less than $100,000,000

14 will be made available for sub-Saharan Africa.

15 (5) AMERICAN SCHOOLS AND HOSPITALS

16 ABROAD.—$35,000,000 to carry out section 214 of

17 the Foreign Assistance Act of 1961. If funds are not

18 specifically appropriated to carry out section 214,

19 then up to $35,000,000 of the total amount of funds

20 made available to carry out section 103 and chapter

21 4 of part II of the Foreign Assistance Act of 1961

22 may be made available for the same purposes for

23 which funds are authorized by section 214.

24 (6) ASSISTANCE FOR EASTERN EUROPE AND

25 THE BALTIC STATES.—$408,951,000 for Eastern
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1 Europe and the Baltic states under the Foreign As2 sistance Act of 1961 and the Support for East Eu3 ropean Democracy (SEED) Act of 1989.

4 (7) ASSISTANCE FOR THE INDEPENDENT

5 STATES OF THE FORMER SOVIET UNION.—

6 $903,820,000 to carry out chapter 11 of part I of

7 the Foreign Assistance Act of 1961 and the Free8 dom for Russia and Emerging Eurasian Democ9 racies and Open Markets (FREEDOM) Support Act

10 of 1992.

11 (8) INTERNATIONAL FUND FOR IRELAND.—

12 $20,000,000 for the United States contribution to

13 the International Fund for Ireland in accordance

14 with the Anglo-Irish Agreement Support Act of

15 1986.

16 (9) MULTILATERAL ASSISTANCE INITIATIVE

17 FOR THE PHILIPPINES.—$40,000,000 for assistance

18 for the Philippines under chapter 4 of part I of the

19 Foreign Assistance Act of 1961.

20 (10) INTER-AMERICAN FOUNDATION.—

21 $30,960,000 to carry out section 401 of the Foreign

22 Assistance Act of 1969.

23 (11) AFRICAN DEVELOPMENT FOUNDATION.—

24 $16,905,000 to carry out the African Development

25 Foundation Act.
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1 (12) PEACE CORPS.—$219,745,000 to carry

2 out the Peace Corps Act, which are authorized to re3 main available until September 30, 1995.

4 (b) RULE OF CONSTRUCTION.—In order to ensure

5 that all otherwise applicable authorities, restrictions, and

6 other provisions of law apply with respect to the amounts

7 that are authorized to be appropriated by this Act for fis8 cal year 1994, those amounts shall be deemed to be au9 thorized to be appropriated by the provision of the Foreign

10 Assistance Act of 1961 or other Act that provided the cor11 responding authorization of appropriations for prior fiscal

12 years.

13 SEC. 202. SPECIAL DEBT REDUCTION AUTHORITY.

14 (a) GENERAL AUTHORITY.—The Foreign Assistance

15 Act of 1961 is amended by inserting at the end of part

16 I the following new chapter:

17 ‘‘CHAPTER 12—SPECIAL DEBT REDUCTION

18 AUTHORITY

19 ‘‘SEC. 499. SPECIAL DEBT REDUCTION AUTHORITY.

20 ‘‘(a) AUTHORITY TO REDUCE DEBT.—The President

21 may reduce amounts owed to the United States (or any

22 agency of the United States) by an eligible country as a

23 result of—

24 ‘‘(1) guarantees issued under sections 221 and

25 222 of the Foreign Assistance Act of 1961;
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1 ‘‘(2) credits extended or guarantees issued

2 under the Arms Export Control Act; or

3 ‘‘(3) loans or guarantees made pursuant to the

4 Export-Import Bank Act of 1945.

5 ‘‘(b) LIMITATIONS.—(1) The authority provided by

6 this section may be exercised only to implement multilat7 eral official debt relief ad referendum agreements com8 monly referred to as ‘Paris Club Agreed Minutes’.

9 ‘‘(2) The authority provided by this section may be

10 exercised only in such amounts or to such extent as is pro11 vided in advance in appropriations Acts.

12 ‘‘(3) The authority provided by this section may be

13 exercised only with respect to countries with heavy debt

14 burdens that are eligible to borrow from the International

15 Development Association but not from the International

16 Bank for Reconstruction and Development (commonly re17 ferred to as ‘IDA-only countries’).

18 ‘‘(c) ELIGIBILITY.—The authority provided by this

19 section may be exercised only with respect to a country—

20 ‘‘(1) whose government is making reasonable

21 progress toward democracy;

22 ‘‘(2) whose government has not repeatedly pro23 vided support for acts of international terrorism;

24 ‘‘(3) whose government is not failing to cooper25 ate on international narcotics control matters; and
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1 ‘‘(4) whose government (including its military

2 or other security forces) does not engage in a con3 sistent pattern of gross violations of internationally

4 recognized human rights.

5 ‘‘(d) CERTAIN PROHIBITIONS INAPPLICABLE.—A re6 duction of debt pursuant to this section shall not be con7 sidered assistance for purposes of any provision of law lim8 iting assistance to a country.’’.

9 (b) AUTHORIZATION OF APPROPRIATIONS.—For debt

10 reduction pursuant to this section, there are authorized

11 to be appropriated to the President $7,000,000 for fiscal

12 year 1994, to be available until expended.

13 SEC. 203. MICROENTERPRISE DEVELOPMENT.

14 Chapter 2 of part I of the Foreign Assistance Act

15 of 1961 is amended by adding after title V the following

16 new title:

17 ‘‘TITLE VI—MICROENTERPRISE

18 DEVELOPMENT

19 ‘‘SEC. 251. MICROENTERPRISE DEVELOPMENT.

20 ‘‘(a) CENTRALLY MANAGED FUND.—

21 ‘‘(1) ESTABLISHMENT AND MANAGEMENT.—

22 The Administrator of the agency primarily respon23 sible for administering this part shall establish with24 in the agency a centrally managed fund to be known

25 as the Microenterprise Development Fund (hereafter
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1 in this section referred to as the ‘Fund’). The Fund

2 shall be managed by the office in that agency that

3 has primary responsibility for working with private

4 and voluntary organizations.

5 ‘‘(2) DISBURSEMENTS THROUGH THE FUND.—

6 All funds made available to carry out this part that

7 are used to promote microenterprise development

8 shall be disbursed through the Fund.

9 ‘‘(b) ACTIVITIES TO BE SUPPORTED.—The Fund

10 shall be used to support—

11 ‘‘(1) the institutional development of the orga12 nizations described in subsection (c);

13 ‘‘(2) the provision of microenterprise credit and

14 related technical assistance through the organiza15 tions described in subsection (c); and

16 ‘‘(3) research on microenterprise development

17 and evaluation of microenterprise activities funded

18 under this section.

19 ‘‘(c) INTERMEDIARY ORGANIZATIONS.—Funds dis20 bursed through the Fund shall be channeled primarily

21 through—

22 ‘‘(1) United States and indigenous private and

23 voluntary organizations,

24 ‘‘(2) United States and indigenous credit union

25 organizations, and
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1 ‘‘(3) other indigenous governmental and non2 governmental organizations,

3 that have demonstrated a capacity to develop sustainable

4 microenterprise service institutions.

5 ‘‘(d) ALLOCATION OF FUNDS.—(1)(A)(i) Of amounts

6 disbursed through the Fund each fiscal year pursuant to

7 subsection (b)(2), at least 50 percent shall be used for pov8 erty lending.

9 ‘‘(ii) As used in this paragraph, the term ‘poverty

10 lending’ means a loan of $300 or less or, in the case of

11 an initial loan, of $150 or less.

12 ‘‘(B) The Administrator of the agency primarily re13 sponsible for administering this part shall seek to ensure

14 that not less than 60 percent of the borrowers of funds

15 disbursed through the Fund pursuant to subsection (b)(2)

16 are women.

17 ‘‘(2) Not more than 5 percent of funds disbursed

18 through the Fund each fiscal year may be used for re19 search and evaluation activities under subsection (b)(3).’’.

20 SEC. 204. CHILD SURVIVAL ACTIVITIES.

21 The Congress expects that $275,000,000 of the funds

22 made available for fiscal year 1994 to carry out part I

23 of the Foreign Assistance Act of 1961 will be used for

24 child survival activities in accordance with section

25 103(a)(2)(C) of that Act (as amended by this Act).
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1 SEC. 205. VITAMIN A DEFICIENCY PROGRAM.

2 The Congress expects that $25,000,000 of the funds

3 made available for fiscal year 1994 to carry out part I

4 of the Foreign Assistance Act of 1961 will be made avail5 able for the Vitamin A Deficiency Program and activities

6 relating to deficiencies of other micronutrients.

7 SEC. 206. HOUSING GUARANTEE PROGRAM.

8 (a) COST OF GUARANTEED LOANS.—There are au9 thorized to be appropriated to the President $16,407,000

10 for fiscal year 1994 for the cost (as defined in section

11 502(5) of the Federal Credit Reform Act of 1990) of guar12 anteed loans under sections 221 and 222 of the Foreign

13 Assistance Act of 1961.

14 (b) PROGRAM LIMITATION.—Section 222(a) of that

15 Act (22 U.S.C. 2182(a)) is amended by striking

16 ‘‘$2,558,000,000’’ in the second sentence and inserting

17 ‘‘$2,800,000,000’’.

18 (c) PROGRAM EXPIRATION DATE.—Section 222(a) of

19 that Act (22 U.S.C. 2182(a)) is amended in the third sen20 tence by striking ‘‘1992’’ and inserting ‘‘1994’’.

21 (d) ADMINISTRATIVE EXPENSES.—(1)(A) There are

22 authorized to be appropriated to the President $8,407,000

23 for fiscal year 1994 for administrative expenses to carry

24 out guaranteed loan programs under sections 221 and 222

25 of the Foreign Assistance Act of 1961.
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1 (B) Amounts authorized to be appropriated under

2 this paragraph are authorized to remain available until

3 expended.

4 (2) Amounts made available under this subsection

5 may be transferred to, merged with, and used for the same

6 purposes as, appropriations made pursuant to section 667

7 of the Foreign Assistance Act of 1961 (relating to operat8 ing expenses of the agency primarily responsible for ad9 ministering part I of that Act).

10 SEC. 207. DEVELOPMENT EDUCATION PROGRAMS.

11 Section 123 of the Foreign Assistance Act of 1961

12 (22 U.S.C. 2151u) is amended by adding at the end the

13 following new subsection:

14 ‘‘(i) DEVELOPMENT EDUCATION PROGRAMS.—The

15 Administrator of the agency primarily responsible for ad16 ministering this part is authorized to support fully and

17 encourage development education programs. Private and

18 voluntary organizations and cooperatives can play an im19 portant and catalytic role in development education to in20 form, motivate, and involve United States citizens in pro21 grams about developing countries or in the development

22 process. Such programs—

23 ‘‘(1) increase the understanding of Americans

24 about the importance of the developing world;
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1 ‘‘(2) transfer factual information on global, so2 cial, economic, and political structures and problems;

3 and

4 ‘‘(3) foster understanding of development as a

5 process that involves all nations.’’.

6 SEC. 208. EXEMPTION FROM RESTRICTIONS OF ASSIST7 ANCE THROUGH NONGOVERNMENTAL ORGA8 NIZATIONS.

9 Chapter 1 of part III of the Foreign Assistance Act

10 of 1961 is amended by inserting before section 620 the

11 following:

12 ‘‘SEC. 619. EXEMPTION FROM RESTRICTIONS OF ASSIST13 ANCE THROUGH NONGOVERNMENTAL ORGA14 NIZATIONS.

15 ‘‘(a) FINDINGS.—The Congress finds that assistance

16 provided through nongovernmental organizations, such as

17 assistance that directly benefits poor people or directly

18 promotes increased respect for human rights, should not

19 be affected by prohibitions of assistance to governments.

20 The President should consult closely with Congress when

21 assistance is provided under this section, particularly if

22 assistance is provided to countries which fail to meet the

23 conditions for the provision of assistance under this Act

24 relating to human rights, support for international terror25 ism, or counternarcotics cooperation.
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1 ‘‘(b) PRESIDENTIAL DETERMINATION.—If the Presi2 dent determines that it is in the interest of the United

3 States to do so, and notifies the appropriate congressional

4 committees in accordance with subsection (d), the Presi5 dent may provide assistance under chapter 1 or chapter

6 10 of part I of this Act through nongovernmental organi7 zations to the people of a country that would otherwise

8 be restricted from receiving assistance under this Act.

9 ‘‘(c) CRITERIA.—In making such a determination,

10 the President shall take into consideration whether assist11 ance for programs of nongovernmental organizations

12 would directly benefit poor people, would directly promote

13 increased respect for human rights and the development

14 of democracy, or otherwise would be in the national inter15 est of the United States.

16 ‘‘(d) NOTICE TO CONGRESS.—At least 15 days in ad17 vance of using the authority of this section to furnish as18 sistance in support of the programs of nongovernmental

19 organizations, the President shall notify the appropriate

20 congressional committees in accordance with procedures

21 applicable to reprogramming notifications under section

22 634A of this Act. Such notification shall include a descrip23 tion of the program to be assisted, the assistance to be

24 provided, and the reasons for furnishing such assistance.’’.
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1 SEC. 209. CONSULTATIONS WITH PRIVATE AND VOLUNTARY

2 ORGANIZATIONS.

3 Section 123(a) of the Foreign Assistance Act of 1961

4 (22 U.S.C. 2151u(a)) is amended by striking the last sen5 tence and inserting in lieu thereof the following: ‘‘The

6 Congress urges the Administrator of the agency primarily

7 responsible for implementing this part to establish a mech8 anism for ensuring the participation of the rural and

9 urban poor, including women, in the planning process for

10 project and program assistance under this part. Such

11 mechanism should provide for close consultations with

12 United States-based private and voluntary organizations

13 as well as local, indigenous nongovernmental organizations

14 that have demonstrated effectiveness in or commitment to

15 the promotion of long-term development. The Congress

16 further urges that the Administrator establish simplified

17 procedures for the development and approval of programs

18 to be carried out by such private and voluntary organiza19 tions and cooperatives.’’.

20 SEC. 210. OPERATING EXPENSES, AGENCY FOR INTER21 NATIONAL DEVELOPMENT.

22 Section 667(a) of the Foreign Assistance Act of 1961

23 (22 U.S.C. 2427) is amended—

24 (1) by redesignating paragraph (2) as para25 graph (3); and
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1 (2) by striking paragraph (1) and inserting in

2 lieu thereof the following:

3 ‘‘(1) $512,000,000 for fiscal year 1994 for nec4 essary operating expenses of the agency primarily

5 responsible for administering part I of this Act;

6 ‘‘(2) $39,916,000 for necessary operating ex7 penses of the Office of the Inspector General of the

8 agency primarily responsible for administering part

9 I of this Act; and’’.

10 TITLE III—SECURITY

11 ASSISTANCE

12 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

13 (a) FOREIGN MILITARY FINANCING PROGRAM

14 GRANTS.—There are authorized to be appropriated for fis15 cal year 1994 the following amounts for the following

16 purposes:

17 (1) For Israel, $1,800,000,000 for grants under

18 section 23 of the Arms Export Control Act, to be

19 disbursed within 30 days after the date of enactment

20 of the Foreign Operations, Export Financing, and

21 Related Programs Appropriations Act, 1994, or by

22 October 31, 1993, whichever is later. To the extent

23 that the Government of Israel requests that funds be

24 used for such purposes, up to $150,000,000 of the

25 assistance provided to Israel under this paragraph
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1 shall, as agreed by Israel and the United States, be

2 available for research and development in the United

3 States of advanced fighter aircraft programs or for

4 other advanced weapons systems, and $475,000,000

5 of the assistance provided to Israel under this para6 graph shall be available for the procurement in Is7 rael of defense articles and defense services, includ8 ing research and development on such articles and

9 services.

10 (2) For Egypt, $1,300,000,000 for grants

11 under section 23 of the Arms Export Control Act.

12 (3) For recipients or purposes other than those

13 specified in paragraphs (1) and (2), $100,157,000

14 for grants under section 23 of the Arms Export

15 Control Act.

16 Funds made available under this subsection shall be

17 nonrepayable notwithstanding any requirement of section

18 23 of the Arms Export Control Act.

19 (b) FOREIGN MILITARY FINANCING PROGRAM

20 LOANS.—To subsidize obligations for the principal

21 amount of direct loans of $450,000,000 for Turkey,

22 $315,000,000 for Greece, and $90,000,000 for Portugal,

23 there are authorized to be appropriated $120,457,000 for

24 the cost (as defined in section 502(5) of the Federal Credit
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1 Reform Act of 1990) of loans under section 23 of the

2 Arms Export Control Act.

3 (c) ECONOMIC SUPPORT FUND.—To carry out chap4 ter 4 of part II of the Foreign Assistance Act of 1961,

5 there are authorized to be appropriated to the President

6 the following amounts for the following purposes:

7 (1) For Israel, $1,200,000,000, which amount

8 shall be made available on a grant basis as a cash

9 transfer and disbursed within 30 days after the date

10 of enactment of the Foreign Operations, Export Fi11 nancing, and Related Programs Appropriations Act,

12 1994, or by October 31, 1993, whichever is later.

13 (2) For Egypt, $815,000,000.

14 (3) For Cyprus, $15,000,000.

15 (4) For cooperative projects among the United

16 States, Israel, and developing countries, including

17 projects under the Cooperative Development Pro18 gram, cooperative development research projects,

19 and cooperative projects among the United States

20 and Israel and the countries of Eastern Europe, the

21 Baltic states, and the independent states of the

22 former Soviet Union, $10,000,000.

23 (5) For Middle East regional cooperative pro24 grams carried out in accordance with section 202(c)
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1 of the International Security and Development Co2 operation Act of 1985, $7,000,000.

3 (6) For recipients or purposes other than those

4 specified in paragraphs (1) through (5) of this sub5 section, $417,000,000.

6 (d) INTERNATIONAL MILITARY EDUCATION AND

7 TRAINING.—There are authorized to be appropriated to

8 the President for fiscal year 1994 $40,500,000 to carry

9 out chapter 5 of part II of the Foreign Assistance Act

10 of 1961.

11 (e) ANTI-TERRORISM ASSISTANCE.—There are au12 thorized to be appropriated to the President for fiscal year

13 1994 $15,555,000 to carry out chapter 8 of part II of

14 the Foreign Assistance Act of 1961.

15 (f) PEACEKEEPING OPERATIONS.—There are author16 ized to be appropriated to the President for fiscal year

17 1994 $77,166,000 to carry out section 551 of the Foreign

18 Assistance Act of 1961.

19 (g) NONPROLIFERATION AND DISARMAMENT ACTIVI20 TIES.—There are authorized to be appropriated to the

21 President for fiscal year 1994 $20,000,000 for the pur22 pose of promoting bilateral and multilateral nonprolifera23 tion and disarmament activities under subsections (a) and

24 (b) of section 504 of the FREEDOM Support Act, except

25 that such amounts shall be available for countries other
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1 than the independent states of the former Soviet Union

2 and for international organizations when it is in the na3 tional security interest of the United States to do so.

4 SEC. 302. SPECIAL DEFENSE ACQUISITION FUND.

5 Notwithstanding section 51(b) of the Arms Export

6 Control Act, collections described in that section that are

7 in excess of obligational authority provided in foreign op8 erations, export financing, and related appropriations Acts

9 for the Special Defense Acquisition Fund of fiscal years

10 before fiscal year 1994 shall be deposited in the Treasury

11 of the United States as miscellaneous receipts.

12 SEC. 303. ADDITIONS TO WAR RESERVE STOCKPILES FOR

13 ALLIES.

14 Section 514(b)(2) of the Foreign Assistance Act of

15 1961 (22 U.S.C. 2321h(b)(2)) is amended—

16 (1) by inserting ‘‘(A)’’ immediately after ‘‘(2)’’;

17 and

18 (2) by adding at the end the following:

19 ‘‘(B)(i) Except as provided in clause (ii), the value

20 of such additions to stockpiles in foreign countries in fiscal

21 year 1994 shall not exceed $72,000,000, which shall be

22 available for stockpiles in the Republic of Korea.

23 ‘‘(ii) In addition, to the extent that the authority of

24 subsection (b)(2)(A) has not been exercised with respect

25 to Israel in fiscal year 1993, that authority may be exer-
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1 cised during fiscal year 1994, except that the aggregate

2 value of such additions for Israel in both such fiscal years

3 may not exceed $200,000,000. Defense articles having an

4 aggregate value of not to exceed $20,000,000 may be

5 added to stockpiles in Thailand in fiscal years 1993 and

6 1994.’’.

7 SEC. 304. ELIGIBILITY OF MAJOR NON-NATO ALLIES TO RE8 CEIVE CERTAIN CONTRACT SERVICES IN

9 CONNECTION WITH SALES OF DEFENSE ARTI10 CLES AND DEFENSE SERVICES.

11 (a) AUTHORIZATION.—Section 21(h) of the Arms Ex12 port Control Act (22 U.S.C. 2761) is amended—

13 (1) in paragraph (1)(A), by inserting ‘‘or which

14 is a major non-NATO ally’’ after ‘‘Treaty Organiza15 tion’’;

16 (2) in paragraph (2), by striking ‘‘if that Orga17 nization or member government’’ and inserting ‘‘or

18 to any major non-NATO ally, if that Organization,

19 member government, or major non-NATO ally’’; and

20 (3) by adding at the end the following:

21 ‘‘(3) As used in this subsection, the term ‘major

22 non-NATO ally’ has the meaning given such term in

23 section 2350a(i)(3) of title 10, United States

24 Code.’’.
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1 (b) EFFECTIVE DATE.—Notwithstanding section

2 21(h)(1) of that Act, the amendment made by subsection

3 (a)(1) applies with respect to contracts and subcontracts

4 entered into on or after the date of enactment of this Act.

5 (c) LIMITATIONS.—The authority provided by this

6 section may be exercised only in such amounts or to such

7 extent as is provided in advance in appropriations Acts.

8 SEC. 305. EXCESS DEFENSE ARTICLES.

9 Section 516 of the Foreign Assistance Act of 1961

10 (22 U.S.C. 2321j) is amended—

11 (1) by striking out the last sentence of sub12 section (a); and

13 (2) by adding at the end the following new sub14 section:

15 ‘‘(g) MAINTENANCE OF MILITARY BALANCE IN THE

16 EASTERN MEDITERRANEAN.—

17 ‘‘(1) UNITED STATES POLICY.—Excess defense

18 articles made available under this section and sec19 tion 519 shall be provided consistent with the United

20 States policy, established in section 620C of this

21 Act, of maintaining the military balance in the East22 ern Mediterranean.

23 ‘‘(2) MAINTENANCE OF BALANCE.—Accord24 ingly, the President shall ensure that, during the 4-
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1 year period beginning on October 1, 1992, the ratio

2 of—

3 ‘‘(A) the value of excess defense articles

4 made available for Turkey under this section, to

5 ‘‘(B) the value of excess defense articles

6 made available for Greece under this section,

7 closely approximates the ratio of—

8 ‘‘(i) the amount of foreign military financ9 ing provided for Turkey, to

10 ‘‘(ii) the amount of foreign military financ11 ing provided for Greece.

12 ‘‘(3) EXCEPTION TO REQUIREMENT.—This sub13 section shall not apply if Greece or Turkey ceases to

14 be eligible to receive excess defense articles under

15 this section and section 519.

16 ‘‘(4) DEFINITION.—As used in this subsection,

17 the term ‘made available’ means a good faith offer

18 is made by the United States to furnish the excess

19 defense articles to a country.’’.

20 SEC. 306. STANDARDIZING CONGRESSIONAL REVIEW PRO21 CEDURES FOR ARMS TRANSFERS.

22 (a) THIRD COUNTRY TRANSFERS UNDER FMS

23 SALES.—Section 3(d)(2) of the Arms Export Control Act

24 (22 U.S.C. 2753(d)(2)) is amended—
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1 (1) in subparagraph (A), by striking out ‘‘, as

2 provided for in sections 36(b)(2) and 36(b)(3) of

3 this Act’’;

4 (2) in subparagraph (B), by striking out ‘‘law’’

5 and inserting in lieu thereof ‘‘joint resolution’’; and

6 (3) by adding at the end the following new sub7 paragraph:

8 ‘‘(C) If the President states in his certifi9 cation under subparagraph (A) or (B) that an

10 emergency exists which requires that consent to

11 the proposed transfer become effective imme12 diately in the national security interests of the

13 United States, thus waiving the requirements of

14 that subparagraph, the President shall set forth

15 in the certification a detailed justification for

16 his determination, including a description of the

17 emergency circumstances which necessitate im18 mediate consent to the transfer and a discus19 sion of the national security interests involved.

20 ‘‘(D)(i) Any joint resolution under this

21 paragraph shall be considered in the Senate in

22 accordance with the provisions of section 601(b)

23 of the International Security Assistance and

24 Arms Export Control Act of 1976.
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1 ‘‘(ii) For the purpose of expediting the

2 consideration and enactment of joint resolutions

3 under this paragraph, a motion to proceed to

4 consideration of any such joint resolution after

5 it has been reported by the appropriate commit6 tee shall be treated as highly privileged in the

7 House of Representatives.’’.

8 (b) THIRD COUNTRY TRANSFERS UNDER COMMER9 CIAL SALES.—Section 3(d)(3) of that Act (22 U.S.C.

10 2753(d)(3)) is amended—

11 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’;

12 (2) in the first sentence—

13 (A) by striking out ‘‘at least 30 calendar

14 days’’, and

15 (B) by striking out ‘‘report’’ and inserting

16 in lieu thereof ‘‘certification’’;

17 (3) by striking out the last sentence and insert18 ing in lieu thereof the following: ‘‘Such certification

19 shall be submitted—

20 ‘‘(i) at least 15 calendar days before such

21 consent is given in the case of a transfer to a

22 country which is a member of the North Atlan23 tic Treaty Organization or Australia, Japan, or

24 New Zealand; and
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1 ‘‘(ii) at least 30 calendar days before such

2 consent is given in the case of a transfer to any

3 other country,

4 unless the President states in his certification that

5 an emergency exists which requires that consent to

6 the proposed transfer become effective immediately

7 in the national security interests of the United

8 States. If the President states in his certification

9 that such an emergency exists (thus waiving the re10 quirements of clause (i) or (ii), as the case may be,

11 and of subparagraph (B)) the President shall set

12 forth in the certification a detailed justification of

13 his determination, including a description of the

14 emergency circumstances which necessitate that con15 sent to the proposed transfer become effective imme16 diately and a discussion of the national security in17 terests involved.’’; and

18 (4) by adding at the end the following:

19 ‘‘(B) Consent to a transfer subject to subparagraph

20 (A) shall become effective after the end of the 15-day or

21 30-day period specified in subparagraph (A) (i) or (ii), as

22 the case may be, only if the Congress does not enact, with23 in that period, a joint resolution prohibiting the proposed

24 transfer.
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1 ‘‘(C)(i) Any joint resolution under this paragraph

2 shall be considered in the Senate in accordance with the

3 provisions of section 601(b) of the International Security

4 Assistance and Arms Export Control Act of 1976.

5 ‘‘(ii) For the purpose of expediting the consideration

6 and enactment of joint resolutions under this paragraph,

7 a motion to proceed to the consideration of any such joint

8 resolution after it has been reported by the appropriate

9 committee shall be treated as highly privileged in the

10 House of Representatives.’’.

11 (c) COMMERCIAL SALES.—Section 36(c)(2) of that

12 Act (22 U.S.C. 2776(c)(2)) is amended by amending sub13 paragraphs (A) and (B) to read as follows:

14 ‘‘(A) in the case of a license for an export

15 to the North Atlantic Treaty Organization, any

16 member country of that Organization, or Aus17 tralia, Japan, or New Zealand, shall not be is18 sued until at least 15 calendar days after the

19 Congress receives such certification, and shall

20 not be issued then if the Congress, within that

21 15-day period, enacts a joint resolution prohib22 iting the proposed export; and

23 ‘‘(B) in the case of any other license, shall

24 not be issued until at least 30 calendar days

25 after the Congress receives such certification,
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1 and shall not be issued then if the Congress,

2 within that 30-day period, enacts a joint resolu3 tion prohibiting the proposed export.’’.

4 (d) COMMERCIAL MANUFACTURING AGREEMENTS.—

5 Section 36(d) of that Act (22 U.S.C. 2776(d)) is amend6 ed—

7 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’;

8 (2) by striking out ‘‘for or in a country not a

9 member of the North Atlantic Treaty Organization’’;

10 and

11 (3) by adding at the end the following:

12 ‘‘(2) A certification under this subsection shall

13 be submitted—

14 ‘‘(A) at least 15 days before approval is

15 given in the case of an agreement for or in a

16 country which is a member of the North Atlan17 tic Treaty Organization, Australia, Japan, or

18 New Zealand; and

19 ‘‘(B) at least 30 days before approval is

20 given in the case of an agreement for or in any

21 other country,

22 unless the President states in his certification that

23 an emergency exists which requires the immediate

24 approval of the agreement in the national security

25 interests of the United States.
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1 ‘‘(3) If the President states in his certification

2 that an emergency exists which requires the imme3 diate approval of the agreement in the national secu4 rity interests of the United States, thus waiving the

5 requirements of paragraph (4), he shall set forth in

6 the certification a detailed justification for his deter7 mination, including a description of the emergency

8 circumstances which necessitate the immediate ap9 proval of the agreement and a discussion of the na10 tional security interests involved.

11 ‘‘(4) Approval for an agreement subject to

12 paragraph (1) may not be given under section 38 if

13 the Congress, within the 15-day or 30-day period

14 specified in paragraph (2)(A) or (B), as the case

15 may be, enacts a joint resolution prohibiting such

16 approval.

17 ‘‘(5)(A) Any joint resolution under paragraph

18 (4) shall be considered in the Senate in accordance

19 with the provisions of section 601(b) of the Inter20 national Security Assistance and Arms Export Con21 trol Act of 1976.

22 ‘‘(B) For the purpose of expediting the consid23 eration and enactment of joint resolutions under

24 paragraph (4), a motion to proceed to the consider25 ation of any such joint resolution after it has been
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1 reported by the appropriate committee shall be

2 treated as highly privileged in the House of Rep3 resentatives.’’.

4 (e) GOVERNMENT-TO-GOVERNMENT LEASES.—

5 (1) CONGRESSIONAL REVIEW PERIOD.—Section

6 62 of that Act (22 U.S.C. 2796a) is amended—

7 (A) in subsection (a), by striking out ‘‘Not

8 less than 30 days before’’ and inserting in lieu

9 thereof ‘‘Before’’;

10 (B) in subsection (b)—

11 (i) by striking out ‘‘determines, and

12 immediately reports to the Congress’’ and

13 inserting in lieu thereof ‘‘states in his cer14 tification’’; and

15 (ii) by adding at the end the following

16 new sentence: ‘‘If the President states in

17 his certification that such an emergency

18 exists, he shall set forth in the certification

19 a detailed justification for his determina20 tion, including a description of the emer21 gency circumstances which necessitate that

22 the lease be entered into immediately and

23 a discussion of the national security inter24 ests involved.’’; and
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1 (C) by adding at the end the following new

2 subsection:

3 ‘‘(c) The certification required by subsection (a) shall

4 be transmitted—

5 ‘‘(1) not less than 15 calendar days before the

6 agreement is entered into or renewed in the case of

7 an agreement with the North Atlantic Treaty Orga8 nization, any member country of that Organization,

9 Australia, Japan, or New Zealand; and

10 ‘‘(2) not less than 30 calendar days before the

11 agreement is entered into or renewed in the case of

12 an agreement with any other organization or coun13 try.’’.

14 (2) CONGRESSIONAL REVIEW.—Section 63(a) of

15 that Act (22 U.S.C. 2796b) is amended—

16 (A) by striking out ‘‘(a)(1)’’ and inserting

17 in lieu thereof ‘‘(a)’’;

18 (B) by striking out ‘‘30 calendar days after

19 receiving the certification with respect to that

20 proposed agreement pursuant to section 62(a),’’

21 and inserting in lieu thereof ‘‘the 15-day or 30-

22 day period specified in section 62(c)(1) or (2),

23 as the case may be,’’; and

24 (C) by striking out paragraph (2).
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1 (f) EFFECTIVE DATE.—The amendments made by

2 this section shall apply with respect to certifications re3 quired to be submitted on or after the effective date of

4 those amendments.

5 SEC. 307. CLASSIFICATION OF NOTIFICATIONS.

6 (a) GOVERNMENT SALES.—Section 36(b)(1) of the

7 Arms Export Control Act (22 U.S.C. 2776(b)(1)) is

8 amended in the text below subparagraph (P)—

9 (1) by striking out ‘‘the information specified in

10 clause (ii) and’’; and

11 (2) by inserting after the end of the first sen12 tence (as amended by paragraph (1)) the following

13 new sentence: ‘‘In every event, however, the descrip14 tion required by clause (iii) shall be unclassified with

15 respect to the quantity and the general characteris16 tics of the defense article or defense service offered

17 or sold, as the case may be.’’.

18 (b) COMMERCIAL SALES.—Section 36(c)(1) of the

19 Arms Export Control Act (22 U.S.C. 2776(c)(1)) is

20 amended—

21 (1) in the last sentence, by striking out ‘‘the in22 formation specified in clause (B) and’’; and

23 (2) by adding at the end the following new sen24 tence: ‘‘In every event, however, the description re25 quired by subparagraph (C) shall be unclassified
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1 with respect to the quantity and the general charac2 teristics of the defense article or defense service of3 fered or sold, as the case may be.’’.

4 SEC. 308. REPORTS UNDER THE ARMS EXPORT CONTROL

5 ACT.

6 (a) QUARTERLY REPORTS.—Section 36(a) of the

7 Arms Export Control Act (22 U.S.C. 2776(a)) is amend8 ed—

9 (1) by striking ‘‘and’’ at the end of paragraph

10 (10);

11 (2) by striking the period at the end of para12 graph (11) and inserting ‘‘; and’’; and

13 (3) by adding at the end the following new

14 paragraph:

15 ‘‘(12) a listing of all offset agreements proposed

16 to be entered into in connection with the sale of any

17 defense article or defense service.’’.

18 (b) NUMBERED CERTIFICATIONS WITH RESPECT

19 TO GOVERNMENT-TO-GOVERNMENT SALES.—Section

20 36(b)(1) of the Arms Export Control Act (22 U.S.C.

21 2776(b)(1)) is amended after the second sentence by in22 serting the following new sentence: ‘‘Each such numbered

23 certification shall contain a description of any offset agree24 ment proposed to be entered into in connection with such

25 letter of offer to sell.’’.
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1 (c) NUMBERED CERTIFICATIONS WITH RESPECT TO

2 COMMERCIAL EXPORTS.—Section 36(c)(1) of the Arms

3 Export Control Act (22 U.S.C. 2776(c)(1)) is amended

4 after the first sentence by inserting the following new sen5 tence: ‘‘Each such numbered certification shall also con6 tain a description of any offset agreement proposed to be

7 entered into in connection with such export.’’.

8 (d) DEFINITIONS.—Section 36 of the Arms Export

9 Control Act (22 U.S.C. 2776) is amended by adding at

10 the end the following:

11 ‘‘(e) For purposes of this section—

12 ‘‘(1) the term ‘offset agreement’ means an

13 agreement, arrangement, or understanding between

14 a United States supplier of defense articles or de15 fense services and a foreign country under which the

16 supplier agrees to purchase or acquire, or to pro17 mote the purchase or acquisition by other United

18 States persons of, goods or services produced, manu19 factured, grown, or extracted, in whole or in part, in

20 that foreign country in consideration for the pur21 chase by the foreign country of defense articles or

22 defense service from the supplier; and

23 ‘‘(2) the term ‘United States person’ means—

24 ‘‘(A) an individual who is a national or

25 permanent resident alien of the United States;
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1 ‘‘(B) any corporation, business association,

2 partnership, trust, or other juridical entity—

3 ‘‘(i) organized under the laws of the

4 United States or any State, district, terri5 tory, or possession thereof; or

6 ‘‘(ii) owned or controlled in fact by in7 dividuals described in subparagraph (A);

8 and

9 ‘‘(C) the United States Government or any

10 agency or instrumentality thereof.’’.

11 SEC. 309. PROHIBITION ON THIRD PARTY INCENTIVE PAY12 MENTS UNDER THE ARMS EXPORT CONTROL

13 ACT.

14 Section 39 of the Arms Export Control Act (22

15 U.S.C. 2779) is amended by adding at the end the follow16 ing new subsection:

17 ‘‘(e)(1) No sale may be made, no credits may be ex18 tended, no guarantees may be issued, and no licenses may

19 be approved under this Act with respect to the sale of any

20 defense article or defense service to a foreign country un21 less the United States supplier of such articles or services

22 first certifies that neither the supplier nor any employee,

23 agent, or subcontractor thereof will make any third-party

24 incentive payments for the purpose of satisfying, in whole

25 or in part, any offset agreement with that country.
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1 ‘‘(2) For purposes of this subsection—

2 ‘‘(A) the term ‘offset agreement’ means an

3 agreement, arrangement, or understanding between

4 a United States supplier of defense articles or de5 fense services and a foreign country under which the

6 supplier agrees to purchase or acquire, or to pro7 mote the purchase or acquisition by other United

8 States persons of, goods or services produced, manu9 factured, grown, or extracted, in whole or in part, in

10 that foreign country in consideration for the pur11 chase by the foreign country of defense articles or

12 defense services from the supplier;

13 ‘‘(B) the term ‘third-party incentive payments’

14 means cash incentives, fees, or compensation of any

15 kind made by a United States supplier of defense ar16 ticles or defense services or by any employee, agent,

17 or subcontractor thereof to any other United States

18 person to induce that United States person to pur19 chase or acquire goods or services produced, manu20 factured, grown, or extracted, in whole or in part, in

21 the foreign country which is purchasing those de22 fense articles or services; and

23 ‘‘(C) the term ‘United States person’ means—

24 ‘‘(i) an individual who is a national or per25 manent resident alien of the United States;
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1 ‘‘(ii) any corporation, business association,

2 partnership, trust, or other juridical entity—

3 ‘‘(I) organized under the laws of the

4 United States or any State, district, terri5 tory, or possession thereof; or

6 ‘‘(II) owned or controlled in fact by

7 individuals described in subparagraph (A);

8 and

9 ‘‘(iii) the United States Government or any

10 agency or instrumentality thereof.’’.

11 SEC. 310. COPRODUCTION AGREEMENTS.

12 (a) QUARTERLY REPORTS ON COPRODUCTION

13 AGREEMENTS.—

14 (1) INFORMATION TO BE REPORTED.—Section

15 36(a) of the Arms Export Control Act (as amended

16 by this Act) (22 U.S.C. 2776(a)) is further amend17 ed—

18 (A) by striking out ‘‘and’’ at the end of

19 paragraph (11);

20 (B) by striking out the period at the end

21 of paragraph (12) and inserting in lieu thereof

22 ‘‘; and’’; and

23 (C) by inserting at the end the following

24 new paragraph:
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1 ‘‘(13) a report on all concluded government-to2 government agreements governing foreign

3 coproduction of defense articles of United States ori4 gin (including coproduction memoranda of under5 standing or agreement) that have not been pre6 viously reported under this paragraph, which shall

7 include—

8 ‘‘(A) the identity of the foreign countries

9 or international organizations involved;

10 ‘‘(B) a description and the estimated value

11 of the articles authorized to be produced, and

12 an estimate of the quantity of the articles au13 thorized to be produced;

14 ‘‘(C) a description of any restrictions on

15 third party transfers of the foreign-manufac16 tured articles; and

17 ‘‘(D) if any such agreement does not pro18 vide for United States access to and verification

19 of quantities of articles produced overseas and

20 their disposition in the coproducing country, a

21 description of alternative measures and controls

22 incorporated in the coproduction program to en23 sure compliance with restrictions in the agree24 ment on production quantities and third party

25 transfers.’’.
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1 (2) EFFECTIVE DATE.—The amendment made

2 by paragraph (1)(C) does not apply with respect to

3 agreements entered into before the date of enact4 ment of this Act.

5 (b) SANCTIONS FOR UNAUTHORIZED THIRD COUN6 TRY TRANSFERS OF COPRODUCED DEFENSE ARTI7 CLES.—The Arms Export Control Act is amended by in8 serting after section 31 the following new section:

9 ‘‘SEC. 32. UNAUTHORIZED THIRD COUNTRY TRANSFERS OF

10 DEFENSE ARTICLES COPRODUCED OR MANU11 FACTURED UNDER LICENSE ABROAD.

12 ‘‘(a) WHEN SANCTIONS REQUIRED.—The sanctions

13 described in subsection (c) shall apply, in accordance with

14 this section, if—

15 ‘‘(1) the foreign party to a coproduction agree16 ment violates the restrictions in that agreement re17 garding unauthorized third country or third party

18 transfers or other unauthorized dispositions of—

19 ‘‘(A) defense articles produced under that

20 agreement; or

21 ‘‘(B) technical data or defense services

22 provided under that agreement; and

23 ‘‘(2) that violation is substantial (either in

24 terms of quantities or in terms of the gravity of the

25 consequences regardless of the quantities involved).
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1 ‘‘(b) DETERMINATION REQUIRED.—The sanctions

2 described in this section shall apply if—

3 ‘‘(1) the President so determines and states in

4 writing to the Congress; or

5 ‘‘(2) the Congress enacts a bill or joint resolu6 tion stating that such sanctions shall apply.

7 ‘‘(c) SANCTIONS TO BE APPLIED.—If a determina8 tion is made under subsection (b)(1), or a bill or joint res9 olution in enacted pursuant to subsection (b)(2), with re10 spect to a foreign party to a coproduction agreement—

11 ‘‘(1) the authority or license to produce defense

12 articles abroad that is granted by all coproduction

13 agreements to which that foreign party is a party

14 shall be suspended during the sanction period; and

15 ‘‘(2) licenses may not be issued, and approval

16 may not be granted under section 38, with respect

17 to that foreign party during the sanction period.

18 ‘‘(d) SANCTION PERIOD.—As used in this section, the

19 term ‘sanction period’ means the period—

20 ‘‘(1) beginning on the date on which the Presi21 dent notifies the Congress that he has made a deter22 mination pursuant to subsection (b)(1) or on which

23 the Congress enacts a bill or joint resolution pursu24 ant to subsection (b)(2); and
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1 ‘‘(2) ending on the date on which the President

2 reports to the Congress that—

3 ‘‘(A) the violation has ceased; and

4 ‘‘(B) the foreign party has given assur5 ances satisfactory to the President that such a

6 violation will not recur.

7 ‘‘(e) REPORT TO CONGRESS.—The President shall re8 port to the Congress promptly on the receipt of informa9 tion that a violation described in subsection (a) may have

10 occurred.

11 ‘‘(f) DEFINITIONS.—As used in this section—

12 ‘‘(1) the term ‘coproduction agreement’ means

13 an arrangement for foreign production of United

14 States origin defense articles—

15 ‘‘(A) that is authorized or approved by an

16 agreement entered into by a foreign government

17 and the United States Government pursuant to

18 authorities contained in this Act, the Foreign

19 Assistance Act of 1961, or predecessor legisla20 tion, or

21 ‘‘(B) that is pursuant to a manufacturing

22 license agreement approved under section 38 of

23 this Act; and

24 ‘‘(2) the term ‘foreign party’ means a foreign

25 government or foreign business entity that is grant-
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1 ed authority or license to produce defense articles

2 abroad by a coproduction agreement.

3 ‘‘(g) EFFECTIVE DATE.—This section does not apply

4 to violations occurring before the effective date of this sec5 tion, but does apply with respect to all coproduction agree6 ments without regard to whether they were entered into

7 before or after that date.’’.

8 (c) FINANCING FOR COPRODUCTION OR LICENSED

9 PRODUCTION.—Section 503 of the Foreign Assistance Act

10 of 1961 (22 U.S.C. 2311) is amended by adding at the

11 end the following new subsection:

12 ‘‘(d) FINANCING FOR COPRODUCTION OR LICENSED

13 PRODUCTION.—Assistance may not be furnished under

14 this chapter in any case involving coproduction or licensed

15 production outside the United States of any defense article

16 of United States origin unless the President furnishes full

17 information regarding the proposed transaction to the ap18 propriate congressional committees. Such information

19 shall be furnished before the coproduction or licensed pro20 duction arrangement is approved by the United States

21 Government or, if the decision to provide assistance is

22 made after the arrangement is approved, before the assist23 ance is furnished. Such information shall include—
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1 ‘‘(1) a description of the defense article that

2 would be coproduced or produced under license out3 side the United States;

4 ‘‘(2) the estimated value of such coproduction

5 or licensed production; and

6 ‘‘(3) an analysis of the economic impact on the

7 United States of furnishing or not furnishing the

8 proposed assistance.’’.

9 SEC. 311. ARAB BOYCOTT.

10 (a) PROHIBITION ON CERTAIN SALES AND

11 LEASES.—Defense articles and defense services may not

12 be sold or leased by the United States Government to any

13 country or international organization which as a matter

14 of policy or practice is known to have sent letters to

15 United States firms requesting compliance with, or solicit16 ing information regarding compliance with, the secondary

17 or tertiary Arab boycott, unless the President determines,

18 and reports to the relevant congressional committees, that

19 that country or organization does not now send such let20 ters as a matter of policy or practice.

21 (b) WAIVER OF PROHIBITION.—

22 (1) 1-YEAR WAIVER.—After the effective date of

23 this section, the President may waive, for a period

24 of 1 year, the application of subsection (a) with re25 spect to any country or organization if the President
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1 determines, and reports to the relevant congressional

2 committees, that—

3 (A) such waiver is in the national interest

4 of the United States, and such waiver will pro5 mote the objectives of this section to eliminate

6 the Arab boycott; or

7 (B) such waiver is in the national security

8 interest of the United States.

9 (2) EXTENSION OF WAIVER.—If the President

10 determines that the further extension of a waiver

11 will promote the objectives of this section, the Presi12 dent, with appropriate notification to relevant con13 gressional committees, may grant further extensions

14 of such waiver for successive 12-month periods.

15 (3) TERMINATION OF WAIVER.—The President

16 may, at any time terminate any waiver granted

17 under this subsection.

18 (c) RELEVANT CONGRESSIONAL COMMITTEES.—As

19 used in this section, the term ‘‘relevant congressional com20 mittees’’ means the Committee on Foreign Relations of

21 the Senate and the Committee on Foreign Affairs of the

22 House of Representatives.

23 (d) EFFECTIVE DATE.—This section shall not take

24 effect until one year after the date of enactment of this

25 Act.
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1 SEC. 312. PURCHASE OF UNITED STATES GOODS AND SERV2 ICES.

3 (a) ECONOMIC SUPPORT FUND ASSISTANCE.—Chap4 ter 4 of part II of the Foreign Assistance Act of 1961

5 is amended by adding at the end the following new section:

6 ‘‘SEC. 536. PURCHASE OF UNITED STATES GOODS AND

7 SERVICES.

8 ‘‘(a) GENERAL POLICY.—The Congress finds that in

9 recent years, a growing proportion of Economic Support

10 Fund assistance has been provided in the form of cash

11 transfers, largely at the expense of commodity import pro12 grams. It is the sense of the Congress that United States

13 foreign policy is best served when Economic Support Fund

14 assistance is provided either in the form of United States

15 goods and services or in the form of direct support for

16 specific projects in the recipient country.

17 ‘‘(b) USE OF ECONOMIC SUPPORT FUNDS.—Not less

18 than 15 percent of the aggregate amount of Economic

19 Support Fund assistance made available in any fiscal year

20 shall be provided in the form of commodity import pro21 grams.

22 ‘‘(c) LIMITATIONS.—This section shall not be con23 strued to alter or restrict the availability of cash transfers

24 to a country for which Economic Support Fund assistance

25 is specifically required to be made available on a grant

26 basis as a cash transfer.
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1 ‘‘(d) DEFINITION.—For purposes of this section

2 ‘Economic Support Fund assistance’ means assistance

3 provided under this chapter.’’.

4 TITLE IV—MULTILATERAL

5 ASSISTANCE

6 Part A—International Development

7 Association

8 SEC. 401. TENTH REPLENISHMENT.

9 The International Development Association Act (22

10 U.S.C. 284–284s) is amended by adding at the end the

11 following:

12 ‘‘SEC. 22. TENTH REPLENISHMENT.

13 ‘‘(a) AUTHORITY TO AGREE TO REPLENISHMENT

14 RESOLUTION.—The United States Governor is authorized,

15 on behalf of the United States, to agree to the resolution

16 of the Association entitled ‘Additions to Resources: Tenth

17 Replenishment’.

18 ‘‘(b) CONTRIBUTION AUTHORITY.—The United

19 States Governor is authorized, on behalf of the United

20 States, to contribute funds to the Association for the sub21 scription and contribution of the United States in accord22 ance with the resolution specified in subsection (a), subject

23 to obtaining the necessary appropriations.

24 ‘‘(c) LIMITATIONS ON AUTHORIZATION OF APPRO25 PRIATIONS.—In order to pay for the United States con-
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1 tribution authorized by subsection (b), there are author2 ized to be appropriated for payment by the Secretary of

3 the Treasury $3,750,000,000, without fiscal year limita4 tion.’’.

5 SEC. 402. ADVOCACY OF CERTAIN POLICIES.

6 (a) IN GENERAL.—Title XVI of the International Fi7 nancial Institutions Act (22 U.S.C. 262p–262p–5) is

8 amended—

9 (1) by redesignating section 1620 as section

10 1621; and

11 (2) by inserting after section 1619 the follow12 ing:

13 ‘‘SEC. 1620. ADVOCACY OF CERTAIN POLICIES.

14 ‘‘The Secretary of the Treasury shall instruct the

15 United States Executive Director of the International

16 Bank for Reconstruction and Development and the Inter17 national Development Association to encourage vigorously

18 those institutions—

19 ‘‘(1) to develop new methodologies to evaluate

20 adequately the effectiveness of the projects and pro21 grams of the respective institution in improving, on

22 a sustainable basis, the standard of living of the

23 poorest segments of the populations of the borrowing

24 countries, and to increase the amount of resources
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1 of the respective institution devoted to the projects

2 and programs identified as most effective;

3 ‘‘(2) to include affected populations, local gov4 ernments, and nongovernmental organizations in all

5 phases of the project cycle, from project identifica6 tion to post-project evaluation;

7 ‘‘(3) to include the economic empowerment of

8 women as a factor in evaluating the projects and

9 programs of the respective institution;

10 ‘‘(4) to encourage borrowing countries to redi11 rect military expenditures to fund investments in

12 human capital, including measures that promote

13 education, training, and health;

14 ‘‘(5) to evaluate adequately, through environ15 mental impact assessments, the effect on the envi16 ronment and nonrenewable resource base of recipi17 ents’ economic growth strategies and the structural

18 adjustment and sector lending programs of the re19 spective institution;

20 ‘‘(6) to examine appropriate debt relief pro21 grams; and

22 ‘‘(7) to promote good governance and the rule

23 of law in borrowing countries, by promoting fair and

24 workable laws that are—
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1 ‘‘(A) necessary for economic development,

2 private sector development, and human rights;

3 ‘‘(B) fully communicated to the public; and

4 ‘‘(C) administered by an independent and

5 well-trained judiciary.’’.

6 (b) REPORT TO THE CONGRESS.—Not later than

7 September 30, 1994, the Secretary of the Treasury shall

8 submit to the Committee on Banking, Finance and Urban

9 Affairs of the House of Representatives and the Commit10 tee on Foreign Relations of the Senate a report describing

11 the efforts made pursuant to section 1620 of the Inter12 national Financial Institutions Act and the results of such

13 efforts.

14 Part B—Asian Development Fund

15 SEC. 411. FIFTH REPLENISHMENT.

16 The Asian Development Bank Act (22 U.S.C. 285–

17 285aa) is amended by adding at the end the following new

18 section:

19 ‘‘SEC. 31. FIFTH REPLENISHMENT.

20 ‘‘(a) AUTHORITY TO AGREE TO REPLENISHMENT

21 RESOLUTION.—The United States Governor is authorized,

22 on behalf of the United States, to agree to the resolution

23 of the Bank entitled ‘Fifth Replenishment of the Asian

24 Development Fund and Second Regularized Replenish25 ment of the Technical Assistance Special Fund’.
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1 ‘‘(b) CONTRIBUTION AUTHORITY.—The United

2 States Governor is authorized, on behalf of the United

3 States, to contribute funds to the Asian Development

4 Fund, a special fund of the Bank, for the subscription and

5 contribution of the United States in accordance with the

6 resolution specified in subsection (a), subject to obtaining

7 the necessary appropriations.

8 ‘‘(c) LIMITATIONS ON AUTHORIZATION OF APPRO9 PRIATIONS.—In order to pay for the United States con10 tribution authorized by subsection (b), there are author11 ized to be appropriated for payment by the Secretary of

12 the Treasury $680,000,000 without fiscal year limita13 tion.’’.

14 Part C—Global Environment Facility

15 SEC. 421. GLOBAL ENVIRONMENT FACILITY.

16 The Bretton Woods Agreement Act (22 U.S.C. 286–

17 286mm) is amended by adding at the end the following

18 new section:

19 ‘‘SEC. 61. GLOBAL ENVIRONMENT FACILITY.

20 ‘‘(a) CONTRIBUTION AUTHORIZED.—The Secretary

21 of the Treasury is authorized to contribute to the Global

22 Environment Facility $30,810,000, subject to obtaining

23 the necessary appropriations.

24 ‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO25 PRIATIONS.—In order to pay for the United States con-
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1 tribution provided for in subsection (a), there are author2 ized to be appropriated for payment by the Secretary of

3 the Treasury, $30,810,000 without fiscal year limitation,

4 if, not later than September 30, 1994, the Secretary of

5 the Treasury has certified that—

6 ‘‘(1) the Facility has established clear proce7 dures ensuring public availability of documentary in8 formation on all Facility projects;

9 ‘‘(2) the Facility has established clear proce10 dures ensuring that affected peoples in recipient

11 countries are consulted on all aspects of identifica12 tion, preparation, and implementation of Facility

13 projects; and

14 ‘‘(3) the Facility governance process will pro15 vide for contributor country oversight of individual

16 projects in the work program, and specific provisions

17 will be established for the participation of non-gov18 ernmental organizations in all phases of the project

19 cycle, including identification, appraisal, implemen20 tation, and evaluation.’’.

21 Part D—European Bank for Reconstruction

22 and Development

23 SEC. 431. CHARTER AMENDMENTS OF THE BANK.

24 Section 562(c) of the Foreign Operations, Export Fi25 nancing, and Related Programs Appropriations Act, 1991,
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1 is amended by adding at the end the following new para2 graph:

3 ‘‘(12) CHARTER AMENDMENTS.—Unless au4 thorized by law, neither the President, nor any other

5 person or agency, shall, on behalf of the United

6 States, vote for or agree to any amendment of the

7 agreement establishing the Bank, signed on May 29,

8 1990, which increases the obligation of the United

9 States, or which changes the purpose or function, in10 cluding its focus on private sector development, of

11 the Bank.’’.

12 SEC. 432. INSTRUCTIONS TO THE UNITED STATES EXECU13 TIVE DIRECTOR.

14 Section 562(c) of the Foreign Operations, Export Fi15 nancing, and Related Programs Appropriations Act, 1991,

16 as amended by section 431, is further amended by adding

17 at the end the following new paragraphs:

18 ‘‘(13) LOANS TO NARCOTICS TRAFFICKING

19 COUNTRIES.—The Secretary of the Treasury shall

20 instruct the United States Executive Director of the

21 European Bank for Reconstruction and Development

22 to vote against any loan or other utilization of the

23 funds of the Bank for the benefit of any country

24 with respect to which the President has made a de25 termination, and so notified the Secretary of the
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1 Treasury, that the government of such country has

2 failed to take adequate steps to prevent narcotic

3 drugs or other controlled substances (as defined by

4 the Comprehensive Drug Abuse Prevention and Con5 trol Act of 1970) produced or processed, in whole or

6 in part, in such country, or transported through

7 such country, from being sold illegally within the ju8 risdiction of such country to United States Govern9 ment personnel or their dependents or from entering

10 the United States unlawfully. Such instruction shall

11 continue in effect until the President determines,

12 and so notifies the Secretary of the Treasury, that

13 the government of such country has taken adequate

14 steps to prevent such sale or entry of narcotic drugs

15 and other controlled substances.

16 ‘‘(14) LOANS TO COUNTRIES WHICH EXPROPRI17 ATE PROPERTY OF UNITED STATES CITIZENS.—The

18 Secretary of the Treasury shall instruct the United

19 States Executive Director to the European Bank for

20 Reconstruction and Development to vote against any

21 loan or other utilization of the funds of the Bank for

22 the benefit of any country which has—

23 ‘‘(A) nationalized or expropriated or seized

24 ownership or control of property owned by any

25 United States citizen or by any corporation,
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1 partnership, or association not less than 50 per

2 centum of which is beneficially owned by the

3 United States citizens;

4 ‘‘(B) taken steps to repudiate or nullify ex5 isting contracts or agreements with any United

6 States citizen or any corporation, partnership,

7 or association not less than 50 per centum of

8 which is beneficially owned by the United

9 States citizens; or

10 ‘‘(C) imposed or enforced discriminatory

11 taxes or other exactions, or restrictive mainte12 nance or operational conditions, or has taken

13 other actions, which have the effect of national14 izing, expropriating, or otherwise seizing owner15 ship or control of property so owned;

16 unless the President determines that (i) an arrange17 ment for prompt, adequate, and effective compensa18 tion has been made, (ii) the parties have submitted

19 the dispute to arbitration under rules of the Conven20 tion for the Settlement of Investment Disputes, or

21 (iii) good faith negotiations are in progress aimed at

22 providing prompt, adequate, and effective compensa23 tion under the applicable principles of international

24 law.’’.
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1 Part E—Other Provisions

2 SEC. 441. VOLUNTARY CONTRIBUTIONS TO INTER3 NATIONAL ORGANIZATIONS AND PROGRAMS.

4 (a) IN GENERAL.—There are authorized to be appro5 priated $390,000,000 for fiscal year 1994 to carry out

6 chapter 3 of part I of the Foreign Assistance Act of 1961.

7 (b) WITHHOLDINGS.—Section 307 of the Foreign As8 sistance Act of 1961 (22 U.S.C. 2227(a)) is amended—

9 (1) in subsection (a), by striking ‘‘the South10 West Africa People’s Organization’’ and inserting

11 ‘‘Myanmar (Burma), Iraq, North Korea, Syria’’; and

12 (2) by inserting after subsection (b) the follow13 ing new subsection:

14 ‘‘(c) The withholding in subsection (a) shall not apply

15 to contributions to the International Atomic Energy Agen16 cy or the United Nations Children’s Fund (UNICEF).’’.

17 (c) UNITED NATIONS POPULATION FUND.—Up to

18 $50,000,000 of the funds authorized to be appropriated

19 for fiscal year 1994 to carry out this section may be made

20 available for the United Nations Population Fund, subject

21 to the following restrictions:

22 (1) Amounts made available under this sub23 section for the United Nations Population Fund

24 shall be maintained in a separate account, to be ad25 ministered jointly by the Fund and the Permanent
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1 Representative of the United States to the United

2 Nations General Assembly, and not commingled with

3 any other funds.

4 (2) Amounts made available under this sub5 section for the United Nations Population Fund

6 shall only be disbursed to Fund projects subject to

7 the approval of the Permanent Representative of the

8 United States to the United Nations General Assem9 bly.

10 (3) Amounts made available under this sub11 section for the United Nations Population Fund

12 shall not be made available for programs in the Peo13 ple’s Republic of China.

14 (4) The prohibitions contained in subsection

15 103(b) of the Foreign Assistance Act of 1961 (as

16 amended by this Act) apply to funds made available

17 pursuant to this section.

18 (5) Any agreement entered into by the United

19 States and the United Nations Population Fund to

20 obligate funds from an account established pursuant

21 to paragraph (1) shall expressly state that if more

22 than $9,700,000 is made available for programs in

23 the People’s Republic of China during calendar year

24 1993, the United States contribution to the United

25 Nations Population Fund for fiscal year 1994 shall
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1 be reduced by the amount by which funding was in2 creased for programs in the People’s Republic of

3 China.

4 SEC. 442. PROHIBITION ON TECHNICAL ASSISTANCE TO

5 MULTILATERAL DEVELOPMENT BANKS.

6 Section 209(d) of the Foreign Assistance Act of 1961

7 (22 U.S.C. 2169(d)) is amended—

8 (1) by inserting ‘‘(1)’’ immediately after ‘‘(d)’’;

9 and

10 (2) by adding at the end the following:

11 ‘‘(2) Notwithstanding paragraph (1), none of the

12 funds made available under this Act may be furnished to

13 finance technical assistance to the International Bank for

14 Reconstruction and Development, the International Devel15 opment Association, the International Finance Corpora16 tion, the Multilateral Investment Guarantee Agency, the

17 Inter-American Development Bank, the Fund for Special

18 Operations, the Inter-American Investment Corporation,

19 the Asian Development Bank, the Asian Development

20 Fund, the African Development Bank, the African Devel21 opment Fund, the European Bank for Reconstruction and

22 Development, or the International Monetary Fund.’’.
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1 SEC. 443. AMENDMENT TO THE INTERNATIONAL FINANCIAL

2 INSTITUTIONS ACT.

3 The International Financial Institutions Act (22

4 U.S.C. 262c et seq.) is amended by adding at the end

5 thereof the following new title:

6 ‘‘TITLE XXI—THIRD WORLD DE7 VELOPMENT AND THREAT

8 ABATEMENT

9 ‘‘SEC. 2001. CONGRESSIONAL FINDINGS.

10 ‘‘The Congress finds that—

11 ‘‘(1) a principal focus of United States policy in

12 the international financial institutions has been and

13 should be to promote greater economic growth and

14 human development in the borrowing countries of

15 such institutions;

16 ‘‘(2) large military and military-related expendi17 tures in developing countries impede economic

18 growth and human development by diverting capital

19 and other resources away from productive public and

20 private investment; and

21 ‘‘(3) investment in primary education and basic

22 health care is an economic investment that leads to

23 successful development.

24 ‘‘SEC. 2002. STATEMENT OF POLICY.

25 ‘‘The Congress declares that, in order to promote eco26 nomic growth and human development in the Third World,
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1 it shall be the policy of the United States to encourage

2 developing countries—

3 ‘‘(1) to reduce military and military-related ex4 penditures and to dedicate greater resources to

5 health, education, and other productive enterprises;

6 and

7 ‘‘(2) to allocate an appropriate amount of

8 health and education resources to meet the needs of

9 the majority of their populations.

10 ‘‘SEC. 2003. IMPLEMENTATION.

11 ‘‘For the purpose of carrying out the policy described

12 in this Act, the Secretary of the Treasury shall instruct

13 the United States executive director of each international

14 financial institution to use the United States voice and

15 vote in fiscal year 1994 and each fiscal year thereafter—

16 ‘‘(1) to advocate and promote policies within

17 such institutions designed to encourage developing

18 countries—

19 ‘‘(A) to reduce significantly military and

20 military-related expenditures wherever such in21 stitutions determine that such expenditures are

22 excessive and that a reduction would be appro23 priate; and

24 ‘‘(B) to enhance, appropriately, the

25 amount of resources dedicated for primary
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1 health care and basic education as a percentage

2 of general government expenditures; and

3 ‘‘(2) to develop procedures and mechanisms

4 within the appropriate institutions to collect data on

5 military and military-related expenditures, primary

6 health care, and basic education for developing coun7 tries and to take into account such information in

8 carrying out paragraph (1).

9 ‘‘SEC. 2004. REPORT.

10 ‘‘Each annual report to the Congress by the National

11 Advisory Council on International Monetary and Financial

12 Policies shall include a description of the actions taken

13 by the United States executive director of each inter14 national financial institution in carrying out the provisions

15 of this title.

16 ‘‘SEC. 2005. DEFINITIONS.

17 ‘‘For purposes of this title—

18 ‘‘(1) the term ‘developing country’ means a

19 country with a per capita income not in excess of

20 $4,000;

21 ‘‘(2) the term ‘international financial institu22 tion’ means the International Monetary Fund, the

23 International Bank for Reconstruction and Develop24 ment, the International Development Association,

25 the African Development Fund, the Inter-American
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1 Development Bank, the Asian Development Bank,

2 and the European Bank for Reconstruction and De3 velopment; and

4 ‘‘(3) the term ‘military expenditures’ includes

5 all expenditures necessary for the maintenance and

6 support of the armed forces of a country, but does

7 not include funds allocated for civilian law enforce8 ment, unless such law enforcement is under the con9 trol of the military forces or a paramilitary organiza10 tion.’’.

11 SEC. 444. INDEPENDENT AUDIT AGENCIES AT INTER12 NATIONAL FINANCIAL INSTITUTIONS.

13 It is the sense of Congress that—

14 (1) the establishment of independent audit and

15 review agencies at each international financial insti16 tution and multilateral development organization to

17 which the United States is a member should be one

18 of the top United States priorities at each institu19 tion; and

20 (2) the President should consider withholding

21 United States payments to any multilateral develop22 ment organization or international financial institu23 tion to which the United States is a member that

24 does not take clear steps to establish an independent

25 audit and review agency.
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1 SEC. 445. INTERNATIONAL FINANCING OF AGRICULTURAL

2 AND COMMODITY PRODUCTION.

3 Section 1403(b) of the International Financial Insti4 tutions Act (22 U.S.C. 262n–2) is amended in paragraphs

5 (1) and (2) by inserting ‘‘, including textiles and apparel,’’

6 after ‘‘export’’ each place it appears.

7 TITLE V—REGIONAL

8 PROVISIONS

9 Part A—Provisions Relating to Sub-Saharan

10 Africa

11 SEC. 501. AFRICAN DEVELOPMENT FOUNDATION.

12 (a) INTEREST ACCRUING TO GRANTEES.—The Afri13 can Development Foundation Act (22 U.S.C. 490h et seq.)

14 is amended by adding at the end the following:

15 ‘‘SEC. 511. INTEREST ACCRUING TO GRANTEES.

16 ‘‘Whenever, with the permission of the Foundation,

17 funds made available to a grantee under this title are in18 vested pending disbursement, the resulting interest is not

19 required to be deposited in the United States Treasury

20 if the grantee uses the resulting interest for the purposes

21 for which the grant was made. This section applies with

22 respect to interest earned before, on, or after the date of

23 enactment of this section.’’.

24 (b) AUTHORITY TO EMPLOY ALIENS.—Section

25 506(a) of that Act (22 U.S.C. 290h–4) is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (11);

3 (2) by striking the period at the end of para4 graph (12) and inserting ‘‘; and’’; and

5 (3) by adding at the end the following new

6 paragraph:

7 ‘‘(13) may, when determined by the president of

8 the African Development Foundation to be nec9 essary, and subject to such security investigations as

10 the Foundation may determine to be appropriate,

11 employ persons who are not citizens of the United

12 States without regard to statutory provisions prohib13 iting payment of compensation to persons who are

14 not citizens of the United States or to statutory pro15 visions relating to employment in the competitive

16 service.’’.

17 (c) TRAVEL EXPENSES.—Section 507(b) of that Act

18 (22 U.S.C. 290h–5) is amended by striking ‘‘actual and

19 necessary expenses not exceeding $100 per day, and for

20 transportation expenses’’ and inserting ‘‘necessary travel

21 expenses in accordance with subchapter I of chapter 57,

22 title 5, United States Code,’’.

23 SEC. 502. SADC PROJECTS.

24 (a) WAIVER OF BROOKE AMENDMENT.—Notwith25 standing section 620(q) of the Foreign Assistance Act of
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1 1961 or any other provision of law restricting the provi2 sion of assistance to countries in default on loan obliga3 tions, assistance may be provided during fiscal year 1994

4 under section 496(o) of the Foreign Assistance Act of

5 1961 (relating to support for SADC projects).

6 (b) TECHNICAL AMENDMENTS.—Section 496(o) of

7 the Foreign Assistance Act of 1961 (22 U.S.C. 2293(o))

8 is amended—

9 (1) in the subsection heading by striking

10 ‘‘SADCC’’ and inserting ‘‘SADC’’; and

11 (2) in paragraph (1) by striking ‘‘Coordination

12 Conference (SADCC)’’ and inserting ‘‘Community

13 (SADC)’’.

14 SEC. 503. RESTRICTIONS ON ASSISTANCE FOR SUDAN.

15 (a) RESTRICTIONS ON ASSISTANCE.—Except as pro16 vided in subsection (b), assistance may not be provided

17 for Sudan for fiscal year 1994—

18 (1) under chapter 1 or chapter 10 of part I of

19 the Foreign Assistance Act of 1961 (relating to de20 velopment assistance and the Development Fund for

21 Africa);

22 (2) under chapter 4 of part II of that Act (re23 lating to the Economic Support Fund);
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1 (3) under chapter 5 of part II of that Act (re2 lating to International Military Education and

3 Training); or

4 (4) under section 23 of the Arms Export Con5 trol Act.

6 (b) WAIVER OF RESTRICTIONS.—

7 (1) AUTHORITY.—The President may waive the

8 prohibitions in subsection (a) if he determines, and

9 reports in accordance with paragraph (2), that the

10 Government of Sudan has made substantial progress

11 toward resolving the conflict in the south, respecting

12 human rights, and establishing a democratically

13 elected government.

14 (2) CONGRESSIONAL REVIEW OF DETERMINA15 TION.—A determination under paragraph (1) shall

16 not become effective until 15 days after it is re17 ported to the appropriate congressional committees

18 in accordance with the procedures applicable to

19 reprogramming notifications under section 634A of

20 the Foreign Assistance Act of 1961.

21 SEC. 504. RESTRICTIONS ON ASSISTANCE FOR KENYA.

22 (a) CONSIDERATIONS IN PROVIDING ASSISTANCE.—

23 In providing economic and development assistance to the

24 Government of Kenya, the President shall take into ac25 count the Kenyan government’s progress toward increas-
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1 ing respect for human rights, permitting freedom of ex2 pression, expanding cooperation and dialogue with demo3 cratic opposition parties, improving management of the

4 economy, and reducing economic corruption, especially at

5 the state-run Kenya Central Bank.

6 (b) PROHIBITION.—No funds under section 23 of the

7 Arms Export Control Act may be provided for the Govern8 ment of Kenya during fiscal year 1994 unless the Presi9 dent determines that providing such assistance is in the

10 national security interests of the United States and

11 consults with Congress before making such a determina12 tion.

13 SEC. 505. RECONSTRUCTION ASSISTANCE FOR SOMALIA.

14 Notwithstanding section 620(q) of the Foreign As15 sistance Act of 1961 or any other provision of law restrict16 ing the provision of assistance to countries in default on

17 loan obligations, the President is authorized and encour18 aged to provide assistance under chapter 10 of part I of

19 that Act to Somalia for the purposes of reconstruction.

20 SEC. 506. RESTRICTION ON ASSISTANCE FOR ZAIRE.

21 (a) STATEMENT OF THE CONGRESS.—The Con22 gress—

23 (1) strongly condemns the disruptive measures

24 taken by President Mobutu, and holds President
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1 Mobutu responsible for the current political crisis in

2 Zaire;

3 (2) stresses the importance of a successful tran4 sition to democracy in Zaire;

5 (3) urges the President of the United States—

6 (A) to pressure President Mobutu to leave

7 Zaire so that the legitimate transitional govern8 ment can proceed with the process of democra9 tization as mandated by the Sovereign National

10 Conference;

11 (B) to recognize and support the legit12 imacy of the transitional government selected

13 by the High Council of the Republic;

14 (C) to continue cooperation with Belgium,

15 France, and other allies, in applying diplomatic

16 pressure necessary for democratic change in

17 Zaire;

18 (D) to impose, in conjunction with our al19 lies, a variety of sanctions on President

20 Mobutu, including—

21 (i) freezing the bank accounts of

22 President Mobutu, his family and associ23 ates; and

24 (ii) denying visas to President

25 Mobutu, his family and associates;
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1 (E) to urge the United Nations to address,

2 actively and energetically, issues relating to

3 Zaire’s transition to democracy and the human4 itarian crisis; and

5 (F) to provide financial and technical sup6 port to nongovernmental organizations for—

7 (i) humanitarian relief efforts; and

8 (ii) preparation for free and fair elec9 tions, including voter education, acquisition

10 of ballots and other polling materials, and

11 international monitoring; and

12 (4) if the actions under paragraphs (1) through

13 (3) are unsuccessful, recommends that the President

14 encourage Belgium, France, and other allies to join

15 the United States in urging the United Nations Se16 curity Council to consider other options, including

17 comprehensive sanctions against Zaire.

18 (b) RESTRICTIONS ON ASSISTANCE.—

19 (1) SECURITY ASSISTANCE.—Except as pro20 vided in subsection (c), assistance may not be made

21 available for Zaire for fiscal year 1994—

22 (A) under chapter 4 of part II of the For23 eign Assistance Act of 1961 (relating to the

24 Economic Support Fund),
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1 (B) under chapter 5 of part II of that Act

2 (relating to international military education and

3 training), or

4 (C) under section 23 of the Arms Export

5 Control Act (relating to Foreign Military Fi6 nancing).

7 (2) DEVELOPMENT ASSISTANCE.—Except as

8 provided in subsection (c), assistance may not be

9 made available for the Government of Zaire for fis10 cal year 1994 under chapter 1 or chapter 10 of part

11 I of the Foreign Assistance Act of 1961 (relating to

12 development assistance and the Development Fund

13 for Africa), except that this shall not be construed

14 to prohibit nongovernmental organizations from

15 working with appropriate ministries or departments

16 of the Government of Zaire.

17 (c) WAIVER WHEN THE DEMOCRATIC PROCESS IS

18 RESTORED.—

19 (1) AUTHORIZATION.—The President may

20 waive the prohibitions in subsection (b) if the Presi21 dent determines, and reports to Congress in accord22 ance with paragraph (2), that democracy has been

23 restored in Zaire, that President Mobutu is no

24 longer a threat to the elected government, and that

25 the elected government is committed to bringing
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1 about freedom of expression for the people of Zaire,

2 a reformed and independent judiciary, and reform

3 of, and applications of the rule of law to, Zaire secu4 rity forces.

5 (2) CONGRESSIONAL REVIEW OF DETERMINA6 TION.—A determination under paragraph (1) shall

7 not become effective until 15 days after it is re8 ported to the appropriate congressional committees

9 in accordance with the procedures applicable to

10 reprogramming notifications under section 634A of

11 the Foreign Assistance Act of 1961.

12 SEC. 507. AUTHORITY TO PROVIDE HIGHER EDUCATION AS13 SISTANCE UNDER THE DEVELOPMENT FUND

14 FOR AFRICA.

15 Section 496 of the Foreign Assistance Act of 1961

16 (22 U.S.C. 2293) is amended by adding at the end the

17 following new subsection:

18 ‘‘(p) UTILIZATION AND STRENGTHENING OF AFRI19 CAN INSTITUTIONS OF HIGHER EDUCATION.—(1) The

20 agency primarily responsible for administering this chap21 ter shall ensure that development activities assisted under

22 this chapter utilize, to a significant extent, the research

23 and analytical capacity of indigenous African institutions

24 of higher education during the identification, design, im25 plementation, and evaluation of such activities.
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1 ‘‘(2) Assistance provided under this chapter for edu2 cation and human resources development shall include ac3 tivities to strengthen and develop the faculties and staffs

4 of indigenous African institutions of higher education

5 where these activities are consistent with the objectives of

6 fostering long-term, sustainable economic development in

7 sub-Saharan Africa.’’.

8 SEC. 508. CONFLICT RESOLUTION INITIATIVE FOR AFRICA.

9 (a) IMPROVING OAU’S CONFLICT RESOLUTION CA10 PABILITIES.—

11 (1) DESCRIPTION OF ASSISTANCE.—The Presi12 dent is authorized to provide assistance to help es13 tablish a permanent conflict resolution capability

14 within the Organization of African Unity (referred

15 to in this subsection as the ‘‘OAU’’), as follows:

16 (A) Funds may be provided to the OAU

17 for use in supporting its conflict resolution ca18 pability.

19 (B) Funds may be used for expenses of

20 sending individuals with expertise in conflict

21 resolution (who may include United States Gov22 ernment employees) from the United States to

23 work with the OAU for a period of up to 2

24 years.
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1 (C) Funds may be provided to the OAU to

2 support the establishment and maintenance of

3 an African Conflict Resolution Research Center

4 that is linked to the OAU secretariat.

5 (2) FUNDING.—Of the funds made available for

6 sub-Saharan Africa for fiscal year 1994, $1,500,000

7 should be used to carry out paragraph (1), in addi8 tion to funds otherwise available for such purposes.

9 (3) REQUIREMENT FOR APPROVAL OF CERTAIN

10 REFORMS.—Assistance may be provided pursuant to

11 this subsection only if the President determines that

12 the OAU has approved and is in the process of im13 plementing the reforms proposed by the Secretary

14 General of the OAU in February 1993 in the In15 terim Report of the Secretary General on the Mech16 anisms for Conflict Prevention, Resolution and

17 Management.

18 (b) IMPROVING CONFLICT RESOLUTION CAPABILI19 TIES OF MULTILATERAL SUBREGIONAL ORGANIZA20 TIONS.—

21 (1) TYPES OF ASSISTANCE TO BE PROVIDED.—

22 The President is authorized to provide assistance to

23 help establish permanent conflict resolution capabili24 ties within subregional organizations established by

25 countries in sub-Saharan Africa, as follows:
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1 (A) Funds may be provided to such an or2 ganization for use in supporting its conflict res3 olution capability.

4 (B) Funds may be used for the expenses of

5 sending individuals with expertise in conflict

6 resolution (who may include United States Gov7 ernment employees) from the United States to

8 work with such an organization for a period of

9 up to 2 years.

10 (2) FUNDING.—Of the funds made available for

11 sub-Saharan Africa for fiscal year 1994 under chap12 ter 4 of part II of the Foreign Assistance Act of

13 1961 (relating to the Economic Support Fund), up

14 to $1,500,000 may be used to carry out paragraph

15 (1).

16 (c) AFRICAN DEMOBILIZATION AND RETRAINING

17 PROGRAM.—

18 (1) IN GENERAL.—In order to facilitate reduc19 tions in the size of the armed forces of countries of

20 sub-Saharan Africa, the President is authorized to

21 provide assistance for—

22 (A) encampment and related activities as23 sociated with demobilization of such forces; and
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1 (B) the retraining for civilian occupations

2 of military personnel who have been demobi3 lized.

4 (2) FUNDING.—(A) Of the funds made avail5 able for sub-Saharan Africa for fiscal year 1994

6 under chapter 4 of part II of the Foreign Assistance

7 Act of 1961 (relating to the Economic Support

8 Fund) and under section 23 of the Arms Export

9 Control Act (relating to Foreign Military Financ10 ing), $10,000,000 should be used for the assistance

11 described in paragraph (1)(A).

12 (B) A portion of the funds made available for

13 fiscal year 1994 to carry out chapter 10 of part I

14 of the Foreign Assistance Act of 1961 (relating to

15 the Development Fund for Africa) may be used for

16 the assistance described in paragraph (1)(B).

17 (d) IMET CONFLICT RESOLUTION PROGRAM.—

18 Chapter 5 of part II of the Foreign Assistance Act of 1961

19 is amended by adding at the end the following:

20 ‘‘SEC. 546. CONFLICT RESOLUTION PROGRAM FOR AFRICA.

21 ‘‘In addition to the other education and training ac22 tivities carried out under this chapter, the President is au23 thorized to establish a program to provide education and

24 training in conflict resolution for civilian and military per25 sonnel of countries in sub-Saharan Africa.’’.
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1 Part B—Provisions Relating to East Asia and

2 the Pacific

3 SEC. 511. MULTILATERAL ASSISTANCE INITIATIVE FOR THE

4 PHILIPPINES.

5 Part I of the Foreign Assistance Act of 1961 is

6 amended by inserting after chapter 3 the following new

7 chapter:

8 ‘‘CHAPTER 4—MULTILATERAL ASSIST9 ANCE INITIATIVE FOR THE PHIL10 IPPINES

11 ‘‘SEC. 401. ASSISTANCE.

12 ‘‘(a) AUTHORITY.— In order to promote the four

13 basic objectives set forth in section 102 of this Act, the

14 President is authorized to provide assistance for the Phil15 ippines to carry out the purposes of this chapter. Such

16 assistance shall have as its ultimate objective, in conjunc17 tion with assistance provided by other donors, support of

18 democracy in the Philippines, promotion of sustained eco19 nomic growth led by the private sector, and improvement

20 of living conditions for the people of the Philippines, and

21 shall build upon the progress that the Government of the

22 Philippines has made in the development and implementa23 tion of economic, structural, judicial, and administrative

24 reforms and the implementation of sustainable natural re25 source management programs.
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1 ‘‘(b) PROGRESS OF REFORMS NECESSARY FOR PRO2 VISION OF ASSISTANCE.—The provision of assistance

3 under this chapter shall be linked to progress by the Gov4 ernment of the Philippines in the implementation of its

5 economic, structural, judicial, and administrative reform

6 program.

7 ‘‘(c) USES OF ASSISTANCE.—Assistance under this

8 chapter may include support for—

9 ‘‘(1) economic, structural, and administrative

10 reforms, and voluntary debt reduction programs,

11 that are necessary to stimulate growth led by the

12 private sector, import liberalization, export growth

13 and diversification, and the privatization of enter14 prises owned or controlled by the government;

15 ‘‘(2) infrastructure needed by the private sec16 tor, particularly in rural areas;

17 ‘‘(3) strengthening the private sector, including

18 promoting greater participation of the United States

19 private sector in the development of the Philippines;

20 ‘‘(4) natural resource management (including

21 coastal environment management) which supports

22 sustained economic growth; and

23 ‘‘(5) such other programs as are consistent with

24 the purposes of this chapter.
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1 ‘‘(d) AUTHORIZATION FOR EXTENDED PERIOD OF

2 AVAILABILITY.—Amounts authorized to be appropriated

3 to carry out this chapter are authorized to remain avail4 able until expended.’’.

5 SEC. 512. ASSISTANCE FOR MONGOLIA.

6 The President is authorized to use funds made avail7 able to carry out chapter 11 of part I of the Foreign As8 sistance Act of 1961 (relating to assistance for the inde9 pendent states of the former Soviet Union) to provide as10 sistance for Mongolia in accordance with the same au11 thorities, restrictions, and other provisions that are appli12 cable to assistance under that chapter for the independent

13 states of the former Soviet Union.

14 SEC. 513. LIST OF COMMUNIST COUNTRIES.

15 (a) REMOVAL FROM LIST.—Section 620(f)(1) of the

16 Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)(1))

17 is amended by striking ‘‘Mongolian People’s Republic’’.

18 (b) ADDITION TO LIST.—Section 620(f)(1) of the

19 Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)(1))

20 is amended by inserting at the end ‘‘Lao People’s Demo21 cratic Republic.’’.

22 SEC. 514. ARMS SALES TO INDONESIA.

23 (a) CONSULTATION AND DETERMINATION RE24 QUIRED.—Before approval of the sale or transfer of any

25 defense article, defense service, or design and construction
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1 service under the Arms Export Control Act (22 U.S.C.

2 2751 et seq.) for which a numbered certification is re3 quired under section 36(b) of that Act, to the Government

4 of Indonesia, and before issuance of any license with re5 spect to the commercial sale of any major defense article

6 or defense service under section 36(c)(1) of that Act to

7 such Government, the President shall consult with the

8 Congress and make a determination as to whether there

9 have been improvements in the human rights situation in

10 East Timor.

11 (b) FACTORS FOR CONSIDERATION.—In making this

12 determination, the President shall carefully consider—

13 (1) whether the civilians convicted in connection

14 with the November 1991 East Timor incident have

15 been treated in accordance with international stand16 ards of fairness, including whether the Government

17 of Indonesia has reviewed the sentences of these in18 dividuals for the purpose of their commutation, re19 duction or remission;

20 (2) whether the Government of Indonesia is

21 taking steps to curb human rights violations by its

22 security forces, including whether all military per23 sonnel responsible for ordering, authorizing or initi24 ating the use of lethal force against demonstrators
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1 in East Timor in November 1991, are being brought

2 to justice;

3 (3) whether there has been a full, public ac4 counting of the individuals missing after the Novem5 ber 1991 incident;

6 (4) whether international humanitarian organi7 zations, human rights groups and others have been

8 granted expanded access to East Timor;

9 (5) whether the Government of Indonesia has

10 implemented stated plans to decrease its military

11 presence in East Timor; and

12 (6) whether the Government of Indonesia is co13 operating constructively with the United Nations

14 Secretary General’s efforts to promote dialogue be15 tween Indonesia and Portugal to resolve issues con16 cerning East Timor.

17 SEC. 515. HUMAN RIGHTS IN INDIA.

18 The Congress—

19 (1) recognizes that India is the world’s largest

20 democracy and has a long tradition of free elections,

21 competing political parties, and vibrant civilian insti22 tutions, including an independent judiciary and a

23 free press;

24 (2) acknowledges that the Indian Constitution

25 guarantees fundamental human rights, including
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1 freedom of speech, freedom of assembly, and rights

2 of due process;

3 (3) expresses its deep concern that, despite In4 dia’s history of democratic government and tradition

5 of respect for the rule of law, in many parts of India

6 there are serious human rights problems that Indian

7 human rights organizations and many political and

8 community leaders are working to redress;

9 (4) expresses its deep concern that these serious

10 human rights problems include abuses committed by

11 some members of the security forces such as arbi12 trary arrests and detentions without trial, torture,

13 disappearances and extrajudicial killings of civilians

14 and suspected militants in Kashmir, and credible re15 ports of burning of homes and other civilian prop16 erty and of violations of international humanitarian

17 laws requiring the protection of medical workers, the

18 sick, and wounded;

19 (5) expresses its deep concern that militants in

20 Kashmir have repeatedly engaged in gross violations

21 of human rights, including kidnapping, murder, and

22 attacks on civilian institutions, such as journalists,

23 the judiciary, and elected officials, and against fam24 ily members of policemen, amounting to a ‘‘reign of
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1 terror’’ in Kashmir according to the Department of

2 State;

3 (6) expresses its deep concern over credible re4 ports that Pakistani authorities have facilitated seri5 ous gross abuses by militants in Kashmir against ci6 vilians through the supply of arms and training to

7 terrorist groups, and notes reports that the Paki8 stani Government has recently taken steps to guard

9 against such support;

10 (7) notes that, according to the Department of

11 State—

12 (A) in 1992 alone at least 2,000 persons

13 were reported to have been killed by all sides of

14 the conflict in Kashmir, the vast majority of

15 them civilians;

16 (B) during the past 3 years some 15,000

17 persons have been detained by Indian security

18 forces; and

19 (C) a substantial portion of the Kashmir

20 Pandit community has been driven from their

21 homes in the Valley;

22 (8) notes with deep concern that the Depart23 ment of State reports it has been able to confirm

24 only 6 cases where army and paramilitary personnel
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1 in Kashmir received sentences of longer than 1

2 month for human rights abuses in 1992;

3 (9) welcomes the introduction of a bill in par4 liament by the Government of India to create a na5 tional human rights commission with broad powers

6 to investigate and punish abuses;

7 (10) recognizes that numerous Indian human

8 rights organizations and journalists actively inves9 tigate abuses throughout India, including Kashmir,

10 and welcomes the recent decision of the Indian Gov11 ernment to permit international human rights orga12 nizations to conduct investigations in India, includ13 ing the recent visit by the International Commission

14 of Jurists to Kashmir, and the invitation to the

15 International Committee of the Red Cross to con16 duct seminars with paramilitary forces on the re17 quirements of the Geneva Conventions, as well;

18 (11) calls upon the Government of India to take

19 further action to promote adherence to internation20 ally recognized human rights standards, including—

21 (A) allowing international humanitarian

22 organizations to provide medical assistance in

23 Kashmir and to engage in other humanitarian

24 activities on behalf of the victims of the conflict

25 there,
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1 (B) providing, as stated publicly by state

2 authorities and army and paramilitary officials

3 in Kashmir, explicit guarantees for the security

4 of medical personnel and institutions operating

5 in Kashmir,

6 (C) fully implementing the publicly stated

7 plan to permit international human rights orga8 nizations to conduct investigations in India,

9 (D) working to secure the swift passage of

10 legislation creating a strong and independent

11 human rights commission and fully implement12 ing the legislation and providing adequate funds

13 for the commission,

14 (E) revising security laws whose applica15 tion has contributed to human rights abuses,

16 (F) ensuring that all detainees are brought

17 before a judicial authority promptly after ar18 rest, and permitting family members and law19 yers immediate access to all persons in deten20 tion, and

21 (G) affirming that all members of the se22 curity forces will be held responsible and sub23 ject to prosecution for human rights abuses in

24 areas of civil strife, investigating all reports of

25 human rights violations by members of the se-
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1 curity forces, prosecuting those who are found

2 responsible, and working with impartial parties

3 to demonstrate that persons guilty of abuses re4 ceive appropriate punishment;

5 (12) condemns the reign of terror conducted by

6 militants in Kashmir, who have been responsible for

7 kidnapping, executions of civilians, and attacks on

8 civilian institutions, and urges all militant groups to

9 cease the use of force to achieve political objectives;

10 and

11 (13) calls upon the Government of Pakistan to

12 end the provision of any arms, equipment, or train13 ing to militants in Kashmir, and to take action to

14 ensure that persons committing acts of terror do not

15 receive support or sanctuary in Pakistan.

16 SEC. 516. HIGH-LEVEL VISITS TO TAIWAN.

17 (a) FINDINGS.—The Congress finds that—

18 (1) Taiwan is the world’s fourteenth largest

19 economy and the United States’ sixth largest trading

20 partner;

21 (2) Taiwan serves as an effective springboard

22 for United States businesses planning for future

23 business in mainland China and in southeast Asia;

24 (3) some of the world’s fastest economic growth

25 in the next 10 years is projected to come in the Pa-
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1 cific Rim countries, mainland China and in south2 east Asia;

3 (4) the attention of the United States Govern4 ment to Taiwan is an important component of the

5 success of United States business in Taiwan;

6 (5) United States businesses operating in Tai7 wan currently enjoy both official and unofficial sup8 port above that of other countries operating in Tai9 wan; and

10 (6) maintaining this special status for American

11 business should be an important part of United

12 States foreign policy with Taiwan.

13 (b) SENSE OF CONGRESS.—Therefore, it is the sense

14 of the Congress that—

15 (1) the President should send Cabinet-level ap16 pointees to Taiwan to promote American interests

17 and ensure the continued success of American busi18 ness in Taiwan; and

19 (2) the President should take steps to show

20 clear United States support for Taiwan, both in our

21 bilateral relationship as well as multilaterally.
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1 Part C—Provisions Relating to Europe and

2 the Former Soviet Union

3 SEC. 521. ASSISTANCE FOR EASTERN EUROPE AND THE

4 BALTIC STATES.

5 (a) ECONOMIC ASSISTANCE.—Section 3 of the Sup6 port for East European Democracy (SEED) Act of 1989

7 (22 U.S.C. 5402) is amended—

8 (1) by redesignating subsection (c) as sub9 section (e); and

10 (2) by inserting after subsection (b) the follow11 ing:

12 ‘‘(c) INAPPLICABILITY OF RESTRICTIONS AND RE13 QUIREMENTS.—Assistance provided for an East European

14 country under this Act or under part I of the Foreign As15 sistance Act of 1961 may be provided notwithstanding any

16 other provision of law, other than section 634A of that

17 Act, section 1341 of title 31, United States Code (com18 monly referred to as the ‘Anti-Deficiency Act’), the Con19 gressional Budget and Impoundment Act of 1974, the

20 Balanced Budget and Emergency Deficit Control Act of

21 1985, and the Budget Enforcement Act of 1990. Section

22 634A of the Foreign Assistance Act of 1961 shall also

23 apply to funds made available to carry out this Act.

24 ‘‘(d) AUTHORIZATION FOR EXTENDED PERIOD OF

25 AVAILABILITY.—Funds appropriated for economic assist-
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1 ance for East European countries under this Act or the

2 Foreign Assistance Act of 1961 are authorized to remain

3 available until expended.’’.

4 (b) ASSISTANCE FOR VICTIMS OF WAR CRIMES IN

5 THE FORMER YUGOSLAVIA.—Assistance provided under

6 section 491 of the Foreign Assistance Act of 1961 (22

7 U.S.C. 2292; relating to disaster assistance), under the

8 Support for East European Democracy (SEED) Act of

9 1989, and under the Migration and Refugee Assistance

10 Act of 1962 may include assistance for the victims of tor11 ture, rape, and other war crimes stemming from the con12 flict in the former Yugoslavia and for the families of such

13 victims (especially children), with a particular focus on vic14 tims of the war in Bosnia-Hercegovina. Such assistance

15 may include activities such as—

16 (1) the provision (in the United States or

17 abroad)—

18 (A) of medical, psychological, and psy19 chiatric care and crisis counseling for such vic20 tims and their families, and

21 (B) of training of individuals in the former

22 Yugoslavia to provide such care and counseling;

23 and

24 (2) the procurement of necessary medical and

25 training supplies.
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1 (c) CORRECTION OF REFERENCE.—Subsection (e) of

2 section 3 of the Support for East European Democracy

3 (SEED) Act of 1989 (22 U.S.C. 5402), as so redesignated

4 by subsection (a) of this section, is amended—

5 (1) by striking ‘‘and Slovak Federal’’; and

6 (2) by inserting ‘‘the Slovak Republic,’’ after

7 ‘‘Romania,’’.

8 SEC. 522. ELIGIBILITY OF EAST EUROPEAN COUNTRIES TO

9 RECEIVE NONLETHAL EXCESS DEFENSE AR10 TICLES.

11 (a) IN GENERAL.—Section 519(a) of the Foreign As12 sistance Act of 1961 (22 U.S.C. 2321m(a)) is amended

13 by inserting ‘‘or to any East European country (as defined

14 in section 3 of the Support for East European Democracy

15 (SEED) Act of 1989) other than an East European coun16 try that is prohibited from receiving assistance under any

17 provision of law’’ after ‘‘in which the transfer is author18 ized’’.

19 (b) CONFORMING AMENDMENTS.—Section 906(a) of

20 the FREEDOM Support Act (22 U.S.C. 2753 note) is

21 amended—

22 (1) by striking paragraph (2);

23 (2) by striking ‘‘eligible—’’ through ‘‘(1) to

24 purchase’’ and inserting ‘‘eligible to purchase’’;
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1 (3) by redesignating subparagraphs (A) and

2 (B) as paragraphs (1) and (2), respectively, and by

3 resetting their left margins on a 2-em indentation;

4 and

5 (4) by striking ‘‘; and’’ at the end of paragraph

6 (2), as so redesignated, and inserting a period.

7 SEC. 523. AUTHORITY TO WAIVE CERTAIN RESTRICTIONS.

8 Section 498B(j)(1) of the Foreign Assistance Act of

9 1961 (22 U.S.C. 2295b(j)(1)) is amended—

10 (1) by striking ‘‘Funds authorized to be appro11 priated’’ and inserting ‘‘Funds made available’’;

12 (2) by inserting ‘‘or 1994’’ after ‘‘1993’’ each

13 place it appears; and

14 (3) by striking ‘‘by this chapter’’ and inserting

15 ‘‘to carry out this chapter’’.

16 SEC. 524. REMOVAL OF TROOPS FROM THE BALTIC STATES.

17 (a) SENSE OF SENATE.—It is the sense of the Senate

18 that Russia should be commended for removing the armed

19 forces of Russia and the Commonwealth of Independent

20 States from Lithuania and for reducing troop levels in

21 Latvia and Estonia.

22 (b) INELIGIBILITY FOR ASSISTANCE.—Effective Oc23 tober 1, 1993, paragraph (5) of section 498A(b) of the

24 Foreign Assistance Act of 1961 is amended to read as

25 follows:
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1 ‘‘(5) for the Government of Russia until the

2 President—

3 ‘‘(A) certifies to the Congress that the

4 Government of Russia has made further signifi5 cant progress since the President’s certification

6 to the Congress on June 1, 1993, on the re7 moval of all of the armed forces of Russia and

8 the Commonwealth of Independent States from

9 Estonia, Latvia, and Lithuania (including any

10 units of such forces that are demobilized), or

11 has completed and is complying with negotiated

12 agreements with the governments of such coun13 tries that include timetables for such removal;

14 and

15 ‘‘(B) includes with such certification a de16 scription of the extent to which the Government

17 of Russia has undertaken good faith efforts,

18 such as negotiations, to end other military prac19 tices by Russia and the Commonwealth of Inde20 pendent States that violate the sovereignty of

21 Estonia, Latvia, or Lithuania,

22 except that this paragraph does not apply with re23 spect to (i) housing assistance for officers of the

24 armed forces of Russia and the Commonwealth of

25 Independent States who are withdrawn from the ter-
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1 ritories of Estonia, Latvia, and Lithuania, or (ii)

2 food, clothing, medicine, or other humanitarian

3 assistance.’’.

4 SEC. 525. POLICY ON PROVISION OF WINTER-RELATED RE5 LIEF FOR PEOPLE OF BOSNIA-HERCEGOVINA.

6 (a) USE OF FUNDS.—Of the funds authorized to be

7 appropriated by this Act to carry out part I of the Foreign

8 Assistance Act of 1961, $20,000,000 should be used for

9 the provision of winter-related and other emergency assist10 ance, including fuel, food, medicines and medical supplies,

11 water pumping and purification equipment, sanitation

12 equipment, materials for shelter and winterization, includ13 ing portable heating units, reinforced plastic, tents, con14 struction materials, candles, clothing, mattresses, and

15 blankets, and other urgently needed commodities to the

16 people of Bosnia-Hercegovina, and for the transportation

17 of such commodities.

18 (b) DISTRIBUTION OF ASSISTANCE.—Such assistance

19 shall be distributed through nongovernmental and private

20 voluntary organizations.

21 (c) SUPERSEDING ANY OTHER PROVISION OF

22 LAW.—Funds used for the purpose of this section shall

23 be made available notwithstanding any other provision of

24 law other than section 1341 of title 31, United States

25 Code (commonly referred to as the ‘‘Anti-Deficiency
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1 Act’’), the Congressional Budget and Impoundment Con2 trol Act of 1974, the Balanced Budget and Emergency

3 Deficit Control Act of 1985, and the Budget Enforcement

4 Act of 1990.

5 SEC. 526. STATEMENT OF POLICY WITH RESPECT TO AS6 SISTANCE FOR UKRAINE.

7 It is the sense of the Senate that the United States

8 should allocate more resources for Ukraine and should ini9 tiate a larger, more effective assistance program for

10 Ukraine that promotes political and economic reform, and

11 that is commensurate with Ukraine’s size and stature.

12 Part D—Provisions Relating to the Middle

13 East

14 SEC. 531. RESTRICTION ON ASSISTANCE FOR SYRIA.

15 (a) RESTRICTION.—United States assistance may not

16 be provided for Syria until the President determines, and

17 so reports to the appropriate congressional committees

18 that the Government of Syria—

19 (1) does not deny its citizens, or any segment

20 of its citizens, the right or opportunity to emigrate;

21 (2) does not impose any taxes or surcharges in

22 connection with emigration or the expressed desire

23 to emigrate that would serve as a financial barrier

24 to emigration;
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1 (3) does not support groups responsible for acts

2 of international terrorism or provide safe haven for

3 terrorists;

4 (4) is not building or acquiring chemical, bio5 logical, or nuclear weapons, and has given credible

6 assurances that any such weapons already in its ar7 senal will not be used offensively;

8 (5) has complied with the Taif Accords and has

9 withdrawn its armed forces from Lebanon;

10 (6) is fully cooperating with United States

11 antinarcotics efforts; and

12 (7) has improved its compliance with inter13 nationally recognized human rights standards.

14 (b) DEFINITION.—As used in this section, the term

15 ‘‘United States assistance’’ has the meaning given that

16 term by section 481(e)(4) of the Foreign Assistance Act

17 of 1961.

18 SEC. 532. RESTRICTION ON ASSISTANCE FOR JORDAN.

19 (a) FINDINGS.—The Congress finds that—

20 (1) Jordan is cooperating in the Middle East

21 peace process;

22 (2) Jordan is making significant steps toward

23 democracy, as evidenced by the elections which are

24 scheduled to be held in late 1993;
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1 (3) Jordan has taken steps to comply with

2 United Nations Security Council resolutions with re3 spect to Iraq;

4 (4) full compliance with the United Nations Se5 curity Council resolutions with respect to Iraq is an

6 important foreign policy objective of the United

7 States; and

8 (5) goods continue to cross the Jordanian-Iraq

9 border in violation of those resolutions.

10 (b) REPORT.—Beginning 180 days after the date of

11 enactment of this Act, and every 180 days thereafter, the

12 Secretary of State shall submit to the Chairman of the

13 Committee on Foreign Relations of the Senate and the

14 Speaker of the House of Representatives a report describ15 ing—

16 (1) Jordanian efforts to halt the flow of goods

17 to Iraq, including a description of the type of goods

18 stopped and the smugglers who have been detained;

19 (2) the role of United States assistance for Jor20 dan in ensuring the end of the flow of goods to Iraq;

21 and

22 (3) Jordanian compliance with the United Na23 tions Security Council resolutions with respect to

24 Iraq.
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1 (c) RESTRICTION.—If the Secretary of State deter2 mines that Jordan has not substantially complied with the

3 United Nations Security Council resolutions with respect

4 to Iraq, the President shall withhold all assistance for Jor5 dan until Jordan is in substantial compliance with such

6 resolutions.

7 SEC. 533. MILITARY DRAWDOWNS FOR ISRAEL.

8 Section 599B(a) of the Foreign Operations, Export

9 Financing, and Related Programs Appropriations Act,

10 1991, is amended by inserting ‘‘and fiscal year 1994’’

11 after ‘‘fiscal year 1993’’.

12 Part E—Provisions Relating to Latin America

13 SEC. 541. ADMINISTRATION OF JUSTICE AND OTHER LAW

14 ENFORCEMENT ASSISTANCE PROGRAMS FOR

15 LATIN AMERICA AND THE CARIBBEAN.

16 (a) EXTENSION OF PROGRAM AUTHORITY.—Section

17 534 of the Foreign Assistance Act of 1961 (22 U.S.C.

18 2346c) is amended—

19 (1) by striking the last sentence of subsection

20 (e); and

21 (2) by inserting at the end the following new

22 subsection:

23 ‘‘(f) The authority of this section shall expire on Sep24 tember 30, 1994.’’.
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1 (b) ELIMINATION OF PROGRAM LIMITATIONS.—Sec2 tion 534 of that Act is amended—

3 (1) by repealing the second sentence of sub4 section (e); and

5 (2) by amending subsection (c) to read as fol6 lows:

7 ‘‘(c) Funds made available to carry out this chapter

8 may be used to provide assistance under this section.’’.

9 (c) PROTECTION OF PARTICIPANTS IN JUDICIAL

10 CASES.—Section 534(b)(3) of that Act (22 U.S.C. 2346c)

11 is amended—

12 (1) by redesignating subparagraphs (C) and

13 (D) as subparagraphs (D) and (E), respectively; and

14 (2) by inserting after subparagraph (B) the fol15 lowing:

16 ‘‘(C) programs to enhance protection of

17 participants in judicial cases;’’.

18 (d) SPECIAL AUTHORITIES FOR CERTAIN COUN19 TRIES.—Funds made available for fiscal year 1994 to

20 carry out section 534 of that Act may be used, notwith21 standing section 660 of that Act, to provide assistance as

22 follows:

23 (1) PANAMA.—Up to $5,000,000 may be made

24 available for Panama for the following:
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1 (A) Technical assistance, training, and

2 commodities with the objective of creating a

3 professional civilian police force, except that as4 sistance under this subparagraph—

5 (i) shall not include more than

6 $1,000,000 for the procurement of equip7 ment for law enforcement purposes, and

8 (ii) shall not include lethal equipment.

9 (B) Programs to improve penal institutions

10 and the rehabilitation of offenders, which may

11 include programs that are not conducted

12 through multilateral or regional institutions.

13 (2) EL SALVADOR.—Funds allocated for El Sal14 vador may be used for law enforcement assistance in

15 a manner consistent with the Salvadoran Peace Ac16 cords, except that any assistance, training, or provi17 sions of equipment and materials designated for the

18 Salvadoran police shall be available only for the new

19 National Police Force established by the Peace Ac20 cords.

21 SEC. 542. SPECIAL NOTIFICATION REQUIREMENTS FOR

22 GUATEMALA, HAITI, NICARAGUA, AND PERU.

23 Funds made available for fiscal year 1994, and any

24 funds which remain available from the previous fiscal

25 years which have not been obligated or expended upon the
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1 date of enactment of this Act, to carry out the Foreign

2 Assistance Act of 1961 or the purposes of the Arms Ex3 port Control Act, may not be obligated or expended, as

4 the case may be, for assistance to Guatemala, Haiti, Nica5 ragua, or Peru unless the appropriate congressional com6 mittees are notified at least 15 days in advance in accord7 ance with the procedures applicable to reprogramming no8 tifications under section 634A of the Foreign Assistance

9 Act of 1961.

10 SEC. 543. RESTRICTION ON ASSISTANCE TO PERU.

11 (a) IN GENERAL.—Until the President determines

12 and so certifies to Congress that the Government of Peru

13 has paid fair and equitable compensation to the survivors

14 of Master Sergeant Joseph Beard, Jr., United States Air

15 Force, who was killed during the attack by aircraft of the

16 military forces of Peru on April 24, 1992, against a

17 United States Air Force C–130 aircraft operating off the

18 coast of Peru in international airspace—

19 (1) no assistance under the Foreign Assistance

20 Act of 1961, including assistance which has already

21 been obligated, may be furnished to the Government

22 of Peru; and

23 (2) the Secretary of the Treasury shall instruct

24 the United States executive directors of the appro25 priate multilateral development banks to vote
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1 against any loan or other financial assistance for

2 Peru.

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

4 term ‘‘appropriate multilateral development banks’’ means

5 the International Bank for Reconstruction and Develop6 ment, the International Development Association, and the

7 Inter-American Development Bank.

8 TITLE VI—BOSNIA AND HERCE9 GOVINA SELF-DEFENSE ACT

10 OF 1993

11 SEC. 601. SHORT TITLE.

12 This title may be cited as the ‘‘Bosnia and

13 Hercegovina Self-Defense Act of 1993’’.

14 SEC. 602. FINDINGS.

15 The Congress makes the following findings:

16 (1) On July 10, 1991, the United States adopt17 ed a policy suspending all licenses and other approv18 als to export or otherwise transfer defense articles

19 and defense services to Yugoslavia.

20 (2) On September 25, 1991, the United Na21 tions Security Council adopted Resolution 713,

22 which imposed a mandatory international embargo

23 on all deliveries of weapons and military equipment

24 to Yugoslavia.
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1 (3) The United States considered the policy

2 adopted July 10, 1991, to comply fully with Resolu3 tion 713 and therefore took no additional action in

4 response to that resolution.

5 (4) On January 8, 1992, the United Nations

6 Security Council adopted Resolution 727, which de7 cided that the mandatory arms embargo imposed by

8 Resolution 713 should apply to any independent

9 states that might thereafter emerge on the territory

10 of Yugoslavia.

11 (5) On February 29 and March 1, 1992, the

12 people of Bosnia and Hercegovina voted in a ref13 erendum to declare independence from Yugoslavia.

14 (6) On April 7, 1992, the United States recog15 nized the Government of Bosnia and Hercegovina.

16 (7) On May 22, 1992, the Government of

17 Bosnia and Hercegovina was admitted to full mem18 bership in the United Nations.

19 (8) Consistent with Resolution 727, the United

20 States has continued to apply the policy adopted

21 July 10, 1991, to independent states that have

22 emerged on the territory of the former Yugoslavia,

23 including Bosnia and Hercegovina.

24 (9) Subsequent to the adoption of Resolution

25 727 and Bosnia and Hercegovina’s independence
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1 referendum, the siege of Sarajevo began and fighting

2 spread to other areas of Bosnia and Hercegovina.

3 (10) The Government of Serbia intervened di4 rectly in the fighting by providing significant mili5 tary, financial, and political support and direction to

6 Serbian-allied irregular forces in Bosnia and

7 Hercegovina.

8 (11) In statements dated May 1 and May 12,

9 1992, the Conference on Security and Cooperation

10 in Europe declared that the Government of Serbia

11 and the Serbian-controlled Yugoslav National Army

12 were committing aggression against the Government

13 of Bosnia and Hercegovina and assigned to them

14 prime responsibility for the escalation of bloodshed

15 and destruction.

16 (12) On May 30, 1992, the United Nations Se17 curity Council adopted Resolution 757, which con18 demned the Government of Serbia for its continued

19 failure to respect the territorial integrity of Bosnia

20 and Hercegovina.

21 (13) Serbian-allied irregular forces have, over

22 the last year, occupied approximately 70 percent of

23 the territory of Bosnia and Hercegovina, committed

24 gross violations of human rights in the areas they
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1 have occupied, and established a secessionist govern2 ment committed to eventual unification with Serbia.

3 (14) The military and other support and direc4 tion provided to Serbian-allied irregular forces in

5 Bosnia and Hercegovina constitutes an armed attack

6 on the Government of Bosnia and Hercegovina by

7 the Government of Serbia within the meaning of Ar8 ticle 51 of the United Nations Charter.

9 (15) Under Article 51, the Government of

10 Bosnia and Hercegovina, as a member of the United

11 Nations, has an inherent right of individual or col12 lective self-defense against the armed attack from

13 the Government of Serbia until the United Nations

14 Security Council has taken measures necessary to

15 maintain international peace and security.

16 (16) The measures taken by the United Nations

17 Security Council in response to the armed attack on

18 Bosnia and Hercegovina have not been adequate to

19 maintain international peace and security.

20 (17) Bosnia and Hercegovina has been unable

21 successfully to resist the armed attack from Serbia

22 because it lacks the means to counter heavy weap23 onry that Serbia obtained from the Yugoslav Na24 tional Army upon the dissolution of Yugoslavia, and

25 because the mandatory international arms embargo
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1 has prevented Bosnia and Hercegovina from obtain2 ing from other countries the means to counter such

3 heavy weaponry.

4 (18) On December 18, 1992, with the affirma5 tive vote of the United States, the United Nations

6 General Assembly adopted Resolution 47/121, which

7 urged the United Nations Security Council to ex8 empt Bosnia and Hercegovina from the mandatory

9 arms embargo imposed by Resolution 713.

10 (19) In the absence of adequate measures to

11 maintain international peace and security, continued

12 application to the Government of Bosnia and

13 Hercegovina of the mandatory international arms

14 embargo imposed by the United Nations Security

15 Council prior to the armed attack on Bosnia and

16 Hercegovina undermines that government’s right of

17 individual or collective self-defense and therefore

18 contravenes Article 51 of the United Nations

19 Charter.

20 (20) Bosnia and Hercegovina’s right of self-de21 fense under Article 51 of the United Nations Char22 ter includes the right to ask for military assistance

23 from other countries and to receive such assistance

24 if offered.
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1 SEC. 603. UNITED STATES ARMS EMBARGO OF THE GOV2 ERNMENT OF BOSNIA AND HERCEGOVINA.

3 (a) TERMINATION.—The President should terminate

4 the United States arms embargo of the Government of

5 Bosnia and Hercegovina upon receipt from that govern6 ment of a request for assistance in exercising its right of

7 self-defense under Article 51 of the United Nations

8 Charter.

9 (b) DEFINITION.—As used in this section, the term

10 ‘‘United States arms embargo of the Government of

11 Bosnia and Hercegovina’’ means the application to the

12 Government of Bosnia and Hercegovina of—

13 (1) the policy adopted July 10, 1991, and pub14 lished in the Federal Register of July 19, 1991 (58

15 Fed. Reg. 33322) under the heading ‘‘Suspension of

16 Munitions Export Licenses to Yugoslavia’’; and

17 (2) any similar policy being applied by the

18 United States Government as of the date of receipt

19 of the request described in subsection (a) pursuant

20 to which approval is routinely denied for transfers of

21 defense articles and defense services to the former

22 Yugoslavia.

23 SEC. 604. UNITED STATES MILITARY ASSISTANCE FOR

24 BOSNIA AND HERCEGOVINA.

25 (a) POLICY.—The President should provide appro26 priate military assistance to the Government of Bosnia
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1 and Hercegovina upon receipt from that government of

2 a request for assistance in exercising its right of self-de3 fense under Article 51 of the United Nations Charter.

4 (b) AUTHORIZATION OF MILITARY ASSISTANCE.—

5 (1) DRAWDOWN AUTHORITY.—If the Govern6 ment of Bosnia and Hercegovina requests United

7 States assistance in exercising its right of self-de8 fense under Article 51 of the United Nations Char9 ter, the President is authorized to direct the

10 drawdown of defense articles from the stocks of the

11 Department of Defense, defense services of the De12 partment of Defense, and military education and

13 training in order to provide assistance to the Gov14 ernment of Bosnia and Hercegovina. Such assistance

15 shall be provided on such terms and conditions as

16 the President may determine.

17 (2) LIMITATION ON VALUE OF TRANSFERS.—

18 The aggregate value (as defined in section 664(m)

19 of the Foreign Assistance Act of 1961) of defense

20 articles, defense services, and military education and

21 training provided under this subsection may not ex22 ceed $200,000,000.

23 (3) EXPIRATION OF AUTHORIZATION.—The au24 thority provided to the President in paragraph (1)

25 expires at the end of fiscal year 1994.
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1 (4) LIMITATION ON ACTIVITIES.—Members of

2 the United States Armed Forces who perform de3 fense services or provide military education and

4 training outside the United States under this sub5 section may not perform any duties of a combatant

6 nature, including any duties related to training and

7 advising that may engage them in combat activities.

8 (5) REPORTS TO CONGRESS.—Within 60 days

9 after any exercise of the authority of paragraph (1),

10 and every 60 days thereafter, the President shall re11 port in writing to the Speaker of the House of Rep12 resentatives and the President pro tempore of the

13 Senate concerning the defense articles, defense serv14 ices, and military education and training being pro15 vided and the use made of such articles, services,

16 and education and training.

17 (6) REIMBURSEMENT.—(A) Defense articles,

18 defense services, and military education and training

19 provided under this subsection shall be made avail20 able without reimbursement to the Department of

21 Defense except to the extent that funds are appro22 priated pursuant to subparagraph (B).

23 (B) There are authorized to be appropriated to

24 the President such sums as may be necessary to re25 imburse the applicable appropriation, fund, or ac-
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1 count for the value (as defined in section 664(m) of

2 the Foreign Assistance Act of 1961) of defense arti3 cles, defense services, or military education and

4 training provided under this subsection.

5 TITLE VII—SOUTH AFRICAN

6 DEMOCRATIC TRANSITION

7 SUPPORT ACT OF 1993

8 SEC. 701. SHORT TITLE.

9 This title may be cited as the ‘‘South African Demo10 cratic Transition Support Act of 1993’’.

11 SEC. 702. FINDINGS.

12 The Congress makes the following findings:

13 (1) After decades of apartheid, South Africa

14 has entered a new era which presents a historic op15 portunity for a transition to a peaceful, stable, and

16 democratic future.

17 (2) Through broad and open negotiations, the

18 parties in South Africa have reached a landmark

19 agreement on the future of their country. This

20 agreement includes the establishment of a Transi21 tional Executive Council and the setting of a date

22 for nonracial elections.

23 (3) The international community has a vital in24 terest in supporting the transition from apartheid

25 toward nonracial democracy.
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1 (4) The success of the transition in South Afri2 ca is crucial to the stability and economic develop3 ment of the southern African region.

4 (5) Representative leaders in South Africa, in5 cluding Nelson Mandela of the African National

6 Congress, have called for an end to all remaining

7 measures limiting economic contacts with South

8 Africa.

9 (6) In light of recent developments, the continu10 ation of such measures is detrimental to persons dis11 advantaged by apartheid.

12 SEC. 703. UNITED STATES POLICY.

13 It is the sense of the Congress that—

14 (1) the United States should—

15 (A) strongly support the Transitional Ex16 ecutive Council in South Africa,

17 (B) encourage rapid progress toward the

18 establishment of a nonracial democratic govern19 ment in South Africa, and

20 (C) support a consolidation of democracy

21 in South Africa through democratic elections

22 for an interim government and a new nonracial

23 constitution;

24 (2) the United States should continue to pro25 vide assistance to support the transition to a
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1 nonracial democracy in South Africa, and should

2 urge international financial institutions and other

3 donors to also provide such assistance;

4 (3) to the maximum extent practicable, the

5 United States should consult closely with inter6 national financial institutions, other donors, and

7 South African entities on a coordinated strategy to

8 support the transition to a nonracial democracy in

9 South Africa;

10 (4) in order to provide ownership and manage11 rial opportunities, professional advancement, train12 ing, and employment for disadvantaged South Afri13 cans and to respond to the historical inequities cre14 ated under apartheid, the United States should—

15 (A) promote the expansion of private en16 terprise and free markets in South Africa,

17 (B) encourage the South African private

18 sector to take a special responsibility and inter19 est in providing such opportunities, advance20 ment, training, and employment for disadvan21 taged South Africans, and

22 (C) encourage United States private sector

23 investment in and trade with South Africa;

24 (5) the United States should urge the Govern25 ment of South Africa to liberalize its trade and in-
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1 vestment policies to facilitate the expansion of the

2 economy, and to shift resources to meet the needs of

3 disadvantaged South Africans; and

4 (6) the United States should promote coopera5 tion between South Africa and other countries in the

6 region to foster regional stability and economic

7 growth.

8 SEC. 704. REPEAL OF APARTHEID SANCTIONS LAWS AND

9 OTHER PROVISIONS DIRECTED AT SOUTH

10 AFRICA.

11 (a) COMPREHENSIVE ANTI-APARTHEID ACT.—

12 (1) IN GENERAL.—All provisions of the Com13 prehensive Anti-Apartheid Act of 1986 (22 U.S.C.

14 5001 and following) are repealed as of the date of

15 enactment of this Act, except as provided in para16 graph (2).

17 (2) EFFECTIVE DATE OF REPEAL OF CODE OF

18 CONDUCT REQUIREMENTS.—Sections 1, 3, 203(a),

19 203(b), 205, 207, 208, 601, 603, and 604 of the

20 Comprehensive Anti-Apartheid Act of 1986 are re21 pealed as of the date on which the President certifies

22 to the Congress that an interim government that

23 was elected on a nonracial basis through free and

24 fair elections has taken office in South Africa.
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1 (3) CONFORMING AMENDMENTS.—(A) Section

2 3 of the Comprehensive Anti-Apartheid Act of 1986

3 is amended by striking paragraphs (2) through (4)

4 and paragraphs (7) through (9), by inserting ‘‘and’’

5 at the end of paragraph (5), and by striking ‘‘; and’’

6 at the end of paragraph (6) and inserting a period.

7 (B) The following provisions of the Foreign As8 sistance Act of 1961 that were enacted by the Com9 prehensive Anti-Apartheid Act of 1986 are repealed:

10 section 117 (relating to assistance for disadvantaged

11 South Africans), and section 535.

12 (b) OTHER PROVISIONS.—The following provisions

13 are repealed or amended as follows:

14 (1) Subsections (c) and (d) of section 802 of

15 the International Security and Development Co16 operation Act of 1985 (99 Stat. 261) is repealed.

17 (2) Section 211 of the Foreign Relations Au18 thorization Act, Fiscal Years 1986 and 1987 (99

19 Stat. 432) is repealed, and section 1(b) of that Act

20 is amended by striking the item in the table of con21 tents relating to section 211.

22 (3) Sections 1223 and 1224 of the Foreign Re23 lations Authorization Act, Fiscal Years 1988 and

24 1989 (101 Stat. 1415) is repealed, and section 1(b)
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1 of that Act is amended by striking the items in the

2 table of contents relating to sections 1223 and 1224.

3 (4) Section 362 of the Foreign Relations Au4 thorization Act, Fiscal Years 1992 and 1993 (105

5 Stat. 716) is repealed, and section 2 of that Act is

6 amended by striking the item in the table of con7 tents relating to section 362.

8 (5) Section 2(b)(9) of the Export-Import Bank

9 Act of 1945 (12 U.S.C. 635(b)(9)) is repealed.

10 (6) Section 43 of the Bretton Woods Agree11 ments Act (22 U.S.C. 286aa) is amended by repeal12 ing subsection (b) and by striking ‘‘(a)’’.

13 (c) SANCTIONS MEASURES ADOPTED BY STATE OR

14 LOCAL GOVERNMENTS OR PRIVATE ENTITIES.—The Con15 gress urges all State or local governments and all private

16 entities in the United States that have adopted any re17 striction on economic interactions with South Africa, or

18 any policy discouraging such interaction, to rescind such

19 restriction or policy.

20 SEC. 705. UNITED STATES ASSISTANCE FOR THE TRANSI21 TION TO A NONRACIAL DEMOCRACY.

22 (a) IN GENERAL.—The President is authorized and

23 encouraged to provide assistance under chapter 10 of part

24 I of the Foreign Assistance Act of 1961 (relating to the

25 Development Fund for Africa) or chapter 4 of part II of
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1 that Act (relating to the Economic Support Fund) to sup2 port the transition to nonracial democracy in South

3 Africa. Such assistance shall—

4 (1) focus on building the capacity of disadvan5 taged South Africans to take their rightful place in

6 the political, social, and economic systems of their

7 country;

8 (2) give priority to working with and through

9 South African nongovernmental organizations whose

10 leadership and staff represent the majority popu11 lation and which have the support of the disadvan12 taged communities being served by such organiza13 tions;

14 (3) in the case of education programs—

15 (A) be used to increase the capacity of

16 South African institutions to better serve the

17 needs of individuals disadvantaged by apart18 heid;

19 (B) emphasize education within South Af20 rica to the extent that assistance takes the form

21 of scholarships for disadvantaged South African

22 students; and

23 (C) fund nontraditional training activities;

24 (4) support activities to prepare South Africa

25 for elections, including voter and civic education pro-
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1 grams, political party building, and technical elec2 toral assistance;

3 (5) support activities and entities, such as the

4 Peace Accord structures, which are working to end

5 the violence in South Africa; and

6 (6) support activities to promote human rights,

7 democratization, and a civil society.

8 (b) GOVERNMENT OF SOUTH AFRICA.—

9 (1) LIMITATION ON ASSISTANCE.—Except as

10 provided in paragraph (2), assistance provided in ac11 cordance with this section may not be made available

12 to the Government of South Africa, or organizations

13 financed and substantially controlled by that govern14 ment, unless the President certifies to the Congress

15 that an interim government that was elected on a

16 nonracial basis through free and fair elections has

17 taken office in South Africa.

18 (2) EXCEPTIONS.—Notwithstanding paragraph

19 (1), assistance may be provided for—

20 (A) the Transitional Executive Council;

21 (B) South African higher education insti22 tutions, particularly those traditionally dis23 advantaged by apartheid policies; and

24 (C) any other organization, entity, or activ25 ity if the President that the assistance would
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1 promote the transition to nonracial democracy

2 in South Africa.

3 Any determination under subparagraph (C) shall be

4 based on consultations with South African individ5 uals and organizations representative of the majority

6 population in South Africa (particularly consulta7 tions through the Transitional Executive Council)

8 and consultations with the appropriate congressional

9 committees.

10 SEC. 706. UNITED STATES INVESTMENT AND TRADE.

11 (a) TAX TREATY.—The President should begin im12 mediately to negotiate a tax treaty with South Africa to

13 facilitate United States investment in that country.

14 (b) OPIC.—The President should immediately initi15 ate negotiations with the Government of South Africa for

16 an agreement authorizing the Overseas Private Invest17 ment Corporation to carry out programs with respect to

18 South Africa in order to expand United States investment

19 in that country.

20 (c) TRADE AND DEVELOPMENT AGENCY.—In carry21 ing out section 661 of the Foreign Assistance Act of 1961,

22 the Director of the Trade and Development Agency should

23 provide additional funds for activities related to projects

24 in South Africa.
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1 (d) EXPORT-IMPORT BANK.—The Export-Import

2 Bank of the United States should expand its activities in

3 connection with exports to South Africa.

4 (e) PROMOTING DISADVANTAGED ENTERPRISES.—

5 (1) INVESTMENT AND TRADE PROGRAMS.—

6 Each of the agencies referred to in subsections (b)

7 through (d) should take active steps to encourage

8 the use of its programs to promote business enter9 prises in South Africa that are majority-owned by

10 South Africans disadvantaged by apartheid.

11 (2) UNITED STATES GOVERNMENT PROCURE12 MENT.—Notwithstanding any law relating to the

13 making or performance of, or the expenditure of

14 funds for, United States Government contracts, the

15 Secretary of State and the head of any other depart16 ment or agency of the United States carrying out

17 activities in South Africa shall, to the maximum ex18 tent practicable, in procuring goods or services,

19 make affirmative efforts to contract with business

20 enterprises having more than 50 percent beneficial

21 ownership by South African blacks or other

22 nonwhite South Africans.
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1 SEC. 707. INFORMATION AND EDUCATIONAL EXCHANGE

2 PROGRAMS.

3 The Director of the United States Information Agen4 cy should use the authorities of the United States Infor5 mation and Educational Exchange Act of 1948 to promote

6 the development of a nonracial democracy in South Africa.

7 SEC. 708. OTHER COOPERATIVE AGREEMENTS.

8 In addition to the actions specified in the preceding

9 sections of this title, the President should seek to conclude

10 cooperative agreements with South Africa on a range of

11 issues, including cultural and scientific issues.

12 SEC. 709. INTERNATIONAL FINANCIAL INSTITUTIONS AND

13 OTHER DONORS.

14 (a) IN GENERAL.—The President should encourage

15 other donors, particularly Japan and the European Com16 munity countries, to expand their activities in support of

17 the transition to nonracial democracy in South Africa.

18 (b) INTERNATIONAL FINANCIAL INSTITUTIONS.—

19 The Secretary of the Treasury shall instruct the United

20 States executive director of each relevant international fi21 nancial institution, including the International Bank for

22 Reconstruction and Development and the International

23 Development Association, to urge that institution to initi24 ate or expand its lending and other financial assistance

25 activities to South Africa in order to support the transition

26 to nonracial democracy in South Africa.
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1 SEC. 710. CONSULTATION WITH SOUTH AFRICANS.

2 In carrying out this title, the President shall consult

3 closely with South African individuals and organizations

4 representative of the majority population in South Africa

5 (particularly consultations through the Transitional Exec6 utive Council) and others committed to abolishing the

7 remnants of apartheid.

8 TITLE XIII—GENERAL

9 PROVISIONS

10 SEC. 801. VIOLATION OF TERMS OF ASSISTANCE.

11 Part III of the Foreign Assistance Act of 1961 is

12 amended by inserting after section 617 the following new

13 section:

14 ‘‘SEC. 617A. VIOLATION OF TERMS OF ASSISTANCE.

15 ‘‘Assistance and deliveries of assistance pursuant to

16 an agreement under this Act shall be terminated if the

17 head of the appropriate administering agency determines

18 that the recipient of such assistance has substantially vio19 lated that agreement by using (without the authorized

20 consent of the United States) any part of such assistance

21 for a purpose not authorized by the agreement.’’.

22 SEC. 802. PROHIBITION ON LOBBYING.

23 Section 620 of the Foreign Assistance Act of 1961

24 (22 U.S.C. 2370) is amended by inserting after subsection

25 (l) the following:
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1 ‘‘(m) None of the funds made available under this

2 Act may be used for lobbying activities, including lobbying

3 for abortion.’’.

4 SEC. 803. PRIVATE AND VOLUNTARY ORGANIZATIONS; DOC5 UMENTATION.

6 Section 620 of the Foreign Assistance Act of 1961

7 (22 U.S.C. 2370) is amended by inserting after subsection

8 (m), as added by section 802, the following:

9 ‘‘(n) No assistance shall be furnished under this Act

10 to any private and voluntary organization which fails to

11 provide, upon timely request, to the agency primarily re12 sponsible for administering part I of this Act any docu13 ment, file, or record necessary to meet the auditing re14 quirements of the agency primarily responsible for admin15 istering part I of this Act.’’.

16 SEC. 804. PROHIBITION OF PAYMENTS TO UNITED NATIONS

17 MEMBERS.

18 Section 620 of the Foreign Assistance Act of 1961

19 (22 U.S.C. 2370) is amended by inserting after subsection

20 (u) the following:

21 ‘‘(v) No assistance under this Act may be furnished

22 to pay in whole or in part any assessment, arrearage, or

23 dues to the United Nations of any foreign member country

24 of the United Nations.’’.
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1 SEC. 805. MILITARY COUPS.

2 Section 620 of the Foreign Assistance Act of 1961

3 (22 U.S.C. 2370) is amended by inserting after subsection

4 (v), as added by section 804, the following:

5 ‘‘(w) No assistance under this Act may be furnished

6 to any country whose duly elected head of government is

7 deposed by military coup or decree unless subsequent to

8 the military coup or decree a democratically elected gov9 ernment has taken office.’’.

10 SEC. 806. PROHIBITION ON ASSISTANCE TO COUNTRIES

11 THAT EXPORT LETHAL MILITARY EQUIP12 MENT TO COUNTRIES SUPPORTING INTER13 NATIONAL TERRORISM.

14 Section 620 of the Foreign Assistance Act of 1961

15 (22 U.S.C. 2370) is amended by adding at the end the

16 following new subsection:

17 ‘‘(z)(1) No assistance may be furnished under this

18 Act to a country which provides lethal military equipment

19 to a country the government of which the Secretary of

20 State has determined is a terrorist government for pur21 poses of section 40(d) of the Arms Export Control Act.

22 The prohibition under this section with respect to a coun23 try shall terminate 12 months after that country ceases

24 to provide such military equipment. This section applies

25 with respect to lethal military equipment provided under
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1 a contract entered into after the date of enactment of this

2 Act.

3 ‘‘(2) Assistance restricted by subsection (a) or any

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

5 President determines that furnishing such assistance is

6 important to the national interests of the United States.

7 ‘‘(3) Whenever the waiver of paragraph (2) is exer8 cised, the President shall submit to the appropriate con9 gressional committees a report with respect to the furnish10 ing of such assistance. Any such report shall include a de11 tailed explanation of the assistance to be provided, includ12 ing the estimated dollar amount of such assistance, and

13 an explanation of how the assistance furthers United

14 States national interests. Any such report shall be submit15 ted, in accordance with the procedures applicable to

16 reprogramming notifications under section 634A, at least

17 15 days before any funds are obligated for such

18 assistance.’’.

19 SEC. 807. DEADLINE FOR RESPONDING TO CONGRES20 SIONAL COMMUNICATIONS.

21 Part III of the Foreign Assistance Act of 1961 is

22 amended by inserting after section 633A the following new

23 section:
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1 ‘‘SEC. 633B. DEADLINE FOR RESPONDING TO CONGRES2 SIONAL COMMUNICATIONS.

3 ‘‘An officer or employee of the agency primarily re4 sponsible for administering part I of this Act to whom a

5 written question is addressed by any member of any ap6 propriate congressional committee shall respond to such

7 question within 21 days unless the Administrator of such

8 agency submits a letter to such member explaining why

9 a timely response cannot be made.’’.

10 SEC. 808. QUARTERLY REPORTS ON OBLIGATION OF

11 FUNDS.

12 Part III of the Foreign Assistance Act of 1961 is

13 amended by inserting after section 634B the following new

14 section:

15 ‘‘SEC. 634C. QUARTERLY REPORTS ON OBLIGATION

16 OF FUNDS.—Upon request of the chairman or ranking mi17 nority member of any of the appropriate congressional

18 committees, the Administrator of the agency primarily re19 sponsible for administering part I of this Act shall make

20 available to such committee the agency’s reports on the

21 funds obligated during the current fiscal year quarter for

22 assistance under chapter 1 of part I and chapter 4 of part

23 II of this Act, and shall consult with such committees on

24 these reports. These reports shall identify obligations by

25 the beneficiary country or regional program and by

26 account.’’.
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1 SEC. 809. DEFINITION.

2 Section 644 of the Foreign Assistance Act of 1961

3 (22 U.S.C. 2403) is amended by adding at the end thereof

4 the following:

5 ‘‘(q) ‘Appropriate congressional committees’ means

6 the Committee on Foreign Relations and the Committee

7 on Appropriations of the Senate and the Committee on

8 Foreign Affairs and the Committee on Appropriations of

9 the House of Representatives.’’.

10 SEC. 810. NOTIFICATION OF ALLOCATIONS OF ASSISTANCE.

11 Section 653(a) of the Foreign Assistance Act of 1961

12 (22 U.S.C. 2413(a)) is amended—

13 (1) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’;

14 and

15 (2) by adding at the end the following:

16 ‘‘(2) The notification required by this subsection shall

17 include a list of all countries ineligible to receive assistance

18 under this Act at any time during the preceding fiscal

19 year, and shall include the date on which such ineligibility

20 was determined, and the specific provisions of law under

21 which such countries were determined to be ineligible for

22 assistance.’’.

23 SEC. 811. SPECIAL WAIVER AUTHORITY.

24 Chapter 3 of part III of the Foreign Assistance Act

25 of 1961 is amended by adding at the end thereof the fol26 lowing new section:
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1 ‘‘SEC. 671. SPECIAL WAIVER AUTHORITY.

2 ‘‘Funds appropriated to carry out the provisions of

3 part I or chapter 4 of part II of this Act specifically relat4 ing to child survival, primary health care, displaced chil5 dren, individuals with disabilities, or AIDS prevention and

6 control activities may be made available notwithstanding

7 any provision of law which restricts assistance to foreign

8 countries, except that such assistance shall be subject to

9 sections 116, 502B, and 620A of this Act.’’.

10 SEC. 812. STRENGTHENING OF THE NONPROLIFERATION

11 REGIME.

12 (a) POLICY.—It is the sense of the Congress that the

13 President should instruct the United States Permanent

14 Representative to the United Nations to enhance the role

15 of that institution in the enforcement of nonproliferation

16 treaties through the adoption by the United Nations Secu17 rity Council of a resolution which would state that any

18 non-nuclear-weapon state that is found by the United Na19 tions Security Council, after consultation with the Inter20 national Atomic Energy Agency (IAEA), to have termi21 nated, abrogated, or materially violated an IAEA full22 scope safeguards agreement would be subjected to inter23 national economic sanctions.

24 (b) PROHIBITION.—None of the funds made available

25 under this Act or the Arms Export Control Act may be

26 used to provide any United States assistance to any non-
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1 nuclear-weapon state that is found by the President to

2 have terminated, abrogated, or materially violated an

3 IAEA full-scope safeguard agreement.

4 (c) DEFINITIONS.—For purposes of this section—

5 (1) the term ‘‘IAEA full-scope safeguards’’

6 means the full-scope safeguards set forth in an

7 agreement between a country and the International

8 Atomic Energy Agency, as authorized by Article

9 III(A)(5) of the Statute of the International Atomic

10 Energy Agency;

11 (2) the term ‘‘nonnuclear weapon state’’ means

12 any country which is not a nuclear weapon state, as

13 defined in Article IX(3) of the Treaty on Non-Pro14 liferation of Nuclear Weapons, signed at Washing15 ton, London, and Moscow on July 1, 1968; and

16 (3) the term ‘‘United States assistance’’

17 means—

18 (A) economic assistance (including assist19 ance under chapter 4 of part II of the Foreign

20 Assistance Act (relating to the Economic Sup21 port Fund));

22 (B) military assistance under chapter 2 of

23 part II of that Act or grant international mili24 tary education and training under chapter 5 of

25 part II of that Act;
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1 (C) international peacekeeping assistance

2 under chapter 6 of part II of that Act; and

3 (D) sales, credits, and guarantees under

4 the Arms Export Control Act.

5 SEC. 813. CONGRESSIONAL NOTIFICATION OF PROPOSED

6 DEPARTMENT OF DEFENSE CIVIC ACTION

7 AND HUMANITARIAN ASSISTANCE PRO8 GRAMS.

9 (a) IN GENERAL.—The Secretary of State, after con10 sultation with the Secretary of Defense, shall notify in

11 writing the Committees on Foreign Relations and Appro12 priations of the Senate and the Committees on Foreign

13 Affairs and Appropriations of the House of Representa14 tives at least 15 days in advance of any proposed deploy15 ments of United States military personnel (including Na16 tional Guard Units) to undertake civic action or humani17 tarian assistance programs in a foreign country.

18 (b) CONTENTS OF NOTIFICATION.—Such notification

19 shall include a description of the proposed programs, the

20 number of United States personnel to be deployed, and

21 the duration of the mission.

22 SEC. 814. WITHHOLDING OF ASSISTANCE FOR PARKING

23 FINES OWED BY FOREIGN COUNTRIES.

24 (a) IN GENERAL.—Of the funds made available for

25 a foreign country under part I of the Foreign Assistance
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1 Act of 1961, an amount equivalent to the total unpaid

2 parking fines and penalties owed to the District of Colum3 bia by such country as of the date of enactment of this

4 Act shall be withheld from obligation for such country

5 until the Secretary of State certifies and reports in writing

6 to the appropriate congressional committees that such

7 fines and penalties are fully paid.

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

9 term ‘‘appropriate congressional committees’’ has the

10 same meaning given to such term by section 644(q) of the

11 Foreign Assistance Act of 1961.

12 SEC. 815. DISABILITY RIGHTS IN UNITED STATES FOREIGN

13 POLICY.

14 (a) FINDINGS.—The Congress finds that—

15 (1) at least 500,000,000 people throughout the

16 world have a disability, most of whom live in devel17 oping countries;

18 (2) legal and other forms of discrimination

19 against people with disabilities are pervasive world20 wide;

21 (3) such discrimination involves not only active

22 exclusion, but a lack of accommodations and acces23 sibility that would allow participation by people with

24 disabilities;
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1 (4) discrimination against people with disabil2 ities is a violation of their human rights; and

3 (5) discrimination against people with disabil4 ities has not historically been addressed by existing

5 standards of human rights employed in American

6 foreign policy.

7 (b) POLICY.—It should be the policy of the United

8 States to promote recognition of the human rights of peo9 ple with disabilities and to promote the elimination of dis10 crimination against such people.

11 (c) REPORT ON DISCRIMINATION AGAINST PEOPLE

12 WITH DISABILITIES.—Not later than 6 months after the

13 date of enactment of this Act, the Secretary of State shall

14 report to Congress on—

15 (1) United States efforts to promote the elimi16 nation of discrimination against people with disabil17 ities; and

18 (2) discriminatory practices and policies toward

19 people with disabilities around the world.

20 The report required by this subsection may be included

21 in the report required by section 116(d) of the Foreign

22 Assistance Act of 1961.

23 SEC. 816. TECHNICAL CORRECTIONS.

24 (a) CORRECTION OF CROSS REFERENCES TO INTER25 NATIONAL TRAFFIC IN ARMS REGULATIONS.—
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1 (1) FOREIGN ASSISTANCE ACT.—Section 505(e)

2 of the Foreign Assistance Act of 1961 (22 U.S.C.

3 2314(e)) is amended in the second sentence—

4 (A) by striking out ‘‘significant defense ar5 ticles’’ and inserting in lieu thereof ‘‘significant

6 military equipment’’; and

7 (B) by striking out ‘‘such defense articles’’

8 both places it appears and inserting in lieu

9 thereof ‘‘such significant military equipment’’.

10 (2) ARMS EXPORT CONTROL ACT.—(A) Section

11 3(a) of the Arms Export Control Act (22 U.S.C.

12 2753(a)) is amended in the second sentence follow13 ing paragraph (4)—

14 (i) by striking out ‘‘significant defense ar15 ticles’’ and inserting in lieu thereof ‘‘significant

16 military equipment’’; and

17 (ii) by striking out ‘‘such defense articles’’

18 both places it appears and inserting in lieu

19 thereof ‘‘such significant military equipment’’.

20 (B) Section 36(d) is amended by striking out

21 ‘‘combat’’ and inserting in lieu thereof ‘‘military’’.

22 (b) CLERICAL ERRORS IN 1985 AUTHORIZATION

23 ACT.—Section 25 of the Arms Export Control Act (22

24 U.S.C. 2765) is amended—
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1 (1) in subsection (d), as added by section

2 112(b) of the International Security and Develop3 ment Cooperation Act of 1985—

4 (A) by redesignating that subsection as

5 subsection (e); and

6 (B) by striking out the semicolon at the

7 end and inserting in lieu thereof a period; and

8 (2) in subsection (a)(5)(B), by striking out

9 ‘‘(d)’’ and inserting in lieu thereof ‘‘(e)’’.

10 (c) CLERICAL ERROR IN 1988 DOD APPROPRIA11 TIONS ACT.—Section 38(b)(1) of the Arms Export Con12 trol Act (22 U.S.C. 2778(b)(1)) is amended by redesignat13 ing subparagraph (B), as enacted by the Department of

14 Defense Appropriations Act, 1988, as subparagraph (C).

15 (d) OBSOLETE REFERENCES IN ARMS EXPORT CON16 TROL ACT.—The Arms Export Control Act is amended—

17 (1) in section 94(b)(3)(B) (22 U.S.C.

18 2799c(b)(3)(B)) and section 95(5) (22 U.S.C.

19 2799d(5)), by striking ‘‘Warsaw Pact country’’ each

20 place it appears and inserting in lieu thereof ‘‘coun21 try of the Eastern Group of States Parties’’; and

22 (2) at the end of section 95 (22 U.S.C. 2799d),

23 by inserting before the period ‘‘or a successor state

24 to such a country’’.
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1 TITLE IX—EFFECTIVE DATE

2 SEC. 901. EFFECTIVE DATE.

3 Except as otherwise provided in this Act, or in any

4 amendment made by this Act, this Act and the amend5 ments made by this Act shall take effect on October 1,

6 1993.

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