103D CONGRESS

1ST SESSION H. R. 2295

AMENDMENTS
In the Senate of the United States,

September 23 (legislative day, September 7), 1993.

Resolved, That the bill from the House of Representatives (H.R. 2295) entitled ‘‘An Act making appropriations for

foreign operations, export financing, and related programs for

the fiscal year ending September 30, 1994, and making

suppplemental appropriations for such programs for the fiscal

year ending September 30, 1993’’ and for other purposes’’,

do pass with the following

AMENDMENTS:

1 Ω1æPage 2, line 11, strike out ø$55,821,000¿ and insert:

2 $27,910,500

3 Ω2æPage 2, line 12, after ‘‘pended’’ insert: : Provided,

4 That one-half of the funds appropriated by this paragraph

5 may be obligated only after April 1, 1994: Provided further,

6 That the remaining one-half of such funds may be obligated

7 only after September 1, 1994: Provided further, That not

8 more than twenty-one days prior to the obligation of each

9 half of such funds, the Secretary submits a certification to

10 the Committees on Appropriations that the Bank has ap11 proved no loans to Iran since October 1, 1993, or the Presi12 dent of the United States certifies that the obligation of these

13 funds is in the national interest of the United States
2

HR 2295 EAS

1 Ω3æPage 2, line 17, after ‘‘expended’’ insert: : Provided,

2 That such funds shall be made available to the Facility by

3 the Secretary of the Treasury if the Secretary determines

4 (and so reports to the Committees on Appropriations) that

5 the Facility has: (1) established clear procedures ensuring

6 public availability of documentary information on all Fa7 cility projects and associated projects of the Facility imple8 menting agencies; (2) established clear procedures ensuring

9 that affected peoples in recipient countries are consulted on

10 all aspects of identification, preparation, and implementa11 tion of Facility projects; and (3) the Facility governance

12 process will provide for contributor country oversight of in13 dividual projects in the work program, and specific provi14 sions will be established for the participation of nongovern15 mental organizations in all phases of the project cycle, in16 cluding identification, appraisal, implementation, and

17 evaluation: Provided further, That in the event the Sec18 retary of the Treasury has not made such determinations

19 by September 30, 1994, funds appropriated under this

20 heading for the GEF shall be transferred to the Agency for

21 International Development and used for activities associ22 ated with the GEF and the Global Warming Initiative

23 Ω4æPage 2, line 23, strike out ø$1,804,879,000¿ and in24 sert: $902,439,500
3

HR 2295 EAS

1 Ω5æPage 2, line 23, after ‘‘$1,804,879,000’’ insert: : Pro2 vided, further, That none of the funds appropriated under

3 this heading may be obligated until the International Bank

4 for Reconstruction and Development has established within

5 the Bank a position of an independent inspector general

6 Ω6æPage 3, line 4, strike out ø$1,024,332,000¿ and in7 sert: $957,142,857

8 Ω7æPage 3, line 6, strike out all after ‘‘expended’’ down

9 to and including ’’authorization’’ in line 8

10 Ω8æPage 3, line 8, after ‘‘authorization’’ insert: : Pro11 vided, further, That none of the funds appropriated under

12 this heading may be obligated until the International Devel13 opment Association has established within the Association

14 a position of an independent inspector general

15 Ω9æPage 3, line 12, strike out ø$35,761,500¿ and insert:

16 $17,880,750

17 Ω10æPage 4, line 13, strike out ø$75,000,000¿ and in18 sert: $50,000,000

19 Ω11æPage 4, line 18, strike out ø$13,026,366¿ and in20 sert: $2,000,000

21 Ω12æPage 5, line 1, strike out all after ‘‘expended’’ down

22 to and including ‘‘authorization’’ in line 3
4

HR 2295 EAS

1 Ω13æPage 5, line 15, strike out ø$132,300,000¿ and in2 sert: $135,000,000

3 Ω14æPage 5, line 23, strike out ø$339,500,000¿ and in4 sert: $360,628,000

5 Ω15æPage 6, line 8, after ‘‘Agency’’ insert: : Provided

6 further, That of the funds appropriated under the heading

7 not less than $100,000,000 shall be made available for the

8 United Nations Children’s Fund

9 Ω16æPage 6, line 8, after ‘‘Agency’’ insert: : Provided

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

11 not less than $3,000,000 shall be made available for the

12 World Food Program

13 Ω17æPage 6, line 8, strike out all after ‘‘Agency’’ down

14 to and including ‘‘proviso’’ in line 17 and insert: : Provided

15 further, That none of the funds appropriated under this

16 heading that are made available to the United Nations Pop17 ulation Fund (UNFPA) shall be made available for activi18 ties in the People’s Republic of China: Provided further,

19 That if any funds appropriated under this heading are

20 made available to UNFPA, UNFPA shall be required (1)

21 to maintain such funds in a separate account and not com22 mingle them with any other funds, and (2) to refund to

23 the United States an amount equal to any amount that

24 UNFPA contributes to the People’s Republic of China in
5

HR 2295 EAS

1 1994 that is in excess of the amount that UNFPA had

2 planned to contribute to the People’s Republic of China in

3 that year

4 Ω18æPage 7, line 5, after ‘‘$811,900,000’’ insert: , to re5 main available until September 30, 1995

6 Ω19æPage 7, line 5, after ‘‘$811,900,000’’ insert: : Pro7 vided, That of this amount not less than $10,000,000 shall

8 be made available for cooperative projects among the United

9 States, Israel, and developing countries, of which not less

10 than $5,000,000 shall be made available for the Cooperative

11 Development Program, not less than $2,500,000 shall be

12 made available for cooperative development research

13 projects, and not less than $2,500,000 shall be made avail14 able for cooperative projects among the United States and

15 Israel and the countries of Eastern Europe, the Baltic

16 states, and the independent states of the former Soviet

17 Union

18 Ω20æPage 7, line 8, after ‘‘$392,000,000’’ insert: , to re19 main available until September 30, 1995

20 Ω21æPage 8, line 14, after ‘‘Zaire’’ insert: : Provided fur21 ther, That funds appropriated under this heading which are

22 made available for activities supported by the Southern Af23 rica Development Community shall be made available not-
6

HR 2295 EAS

1 withstanding section 512 of this Act and section 620(q) of

2 the Foreign Assistance Act of 1961

3 Ω22æPage 9, after line 2, insert:

4 WOMEN IN DEVELOPMENT

5 In recognition that the full participation of women in,

6 and the full contribution of women to, the development proc7 ess are essential to achieving economic growth, a higher

8 quality of life, and sustainable development in developing

9 countries, not less than $11,000,000 of the funds appro10 priated by this Act to carry out part I of the Foreign Assist11 ance Act of 1961, in addition to funds otherwise available

12 for such purposes, shall be used to encourage and promote

13 the participation and integration of women as equal part14 ners in the development process in developing countries, of

15 which not less than $6,000,000 shall be made available as

16 matching funds to support the activities of the Agency for

17 International Development’s field missions to integrate

18 women into their programs: Provided, That the Agency for

19 International Development shall seek to ensure that country

20 strategies, projects, and programs are designed so that the

21 percentage of women participants will be demonstrably in22 creased.

23 Ω23æPage 9, line 7, strike out ø$145,985,000¿ and in24 sert: $48,965,000
7

HR 2295 EAS

1 Ω24æPage 9, after line 8, insert:

2 MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM

3 ACCOUNT

4 For the cost of direct loans and loan guarantees,

5 $2,000,000, as authorized by section 108 of the Foreign As6 sistance Act of 1961, as amended: Provided, That such costs

7 shall be as defined in section 502 of the Congressional Budg8 et Act of 1974: Provided further, That these funds are avail9 able to subsidize gross obligations for the principal amount

10 of direct loans and total loan principal, any part of which

11 is to be guaranteed, not to exceed $50,000,000.

12 Ω25æPage 9, line 17, strike out ø$501,760,000¿ and in13 sert: $494,080,000

14 Ω26æPage 9, line 22, strike out ø$39,118,000¿ and in15 sert: $38,518,940

16 Ω27æPage 9, line 24, after ‘‘Development’’ insert: : Pro17 vided, That except as may be required by an emergency

18 evacuation affecting the United States diplomatic missions

19 of which they are a component element, none of the funds

20 in this Act, or any other Act, may be used to relocate the

21 overseas Regional Offices of the Inspector General to a loca22 tion within the United States without the express approval

23 of the Inspector General: Provided further, That the total

24 number of positions authorized for the Office of Inspector
8

HR 2295 EAS

1 General in Washington and overseas shall be not less than

2 two hundred and fifty-one at September 30, 1994

3 Ω28æPage 10, line 6, after ‘‘principal’’ insert: and inter4 est

5 Ω29æPage 10, line 18, after ‘‘Development’’ insert: : Pro6 vided further, That commitments to guarantee loans under

7 this heading may be entered into notwithstanding the sec8 ond and third sentences of section 222(a) and, with regard

9 to programs for Eastern Europe, section 223(j) of the For10 eign Assistance Act of 1961

11 Ω30æPage 11, line 6, strike out ø$2,364,562,000¿ and

12 insert: $2,280,500,000

13 Ω31æPage 11, line 7, strike out all after ‘‘1995’’ down

14 to and including ‘‘years’’ in line 18 and insert: : Provided,

15 That of the funds appropriated under this heading, not less

16 than $1,200,000,000 shall be available only for Israel, which

17 sum shall be available on a grant basis as a cash transfer

18 and shall be disbursed within thirty days of enactment of

19 this Act or by October 31, 1993, whichever is later: Provided

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

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

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

23 provided, with the understanding that Egypt will undertake

24 significant economic reforms which are additional to those
9

HR 2295 EAS

1 which were undertaken in previous fiscal years, and of

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

4 Ω32æPage 12, line 1, after ‘‘treaty’’ insert: : Provided

5 further, That not less than $15,000,000 of the funds appro6 priated under this heading shall be made available for Cy7 prus to be used only for scholarships, bicommunal projects,

8 and measures aimed at the reunification of the island and

9 designed to reduce tensions, and promote peace and co10 operation between the two communities on Cyprus: Pro11 vided further, That not less than $7,000,000 of the funds

12 appropriated under this heading shall be made available

13 for the Middle East Regional Cooperation program

14 Ω33æPage 13, strike out lines 1 to 12

15 Ω34æPage 13, line 18, strike out ø$400,000,000¿ and

16 insert: $380,000,000

17 Ω35æPage 13, line 20, after ‘‘assistance’’ insert: and for

18 related programs

19 Ω36æPage 14, line 18, strike out ø$903,820,000¿ and

20 insert: $603,820,000

21 Ω37æPage 15, line 12, after ‘‘vision’’ insert: : Provided

22 further, That notwithstanding section 505(a)(2) of the Afri23 can Development Foundation Act, in exceptional cir-
10

HR 2295 EAS

1 cumstances the board of directors of the Foundation may

2 waive the dollar limitation contained in that section with

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

4 shall provide a report to the Committees on Appropriations

5 after each time such waiver authority is exercised

6 Ω38æPage 15, line 19, strike out ø$30,340,000¿ and in7 sert: $30,960,000

8 Ω39æPage 17, line 11, after ‘‘$100,000,000’’ insert: :

9 Provided, That during fiscal year 1994, the Bureau of

10 International Narcotics Matters of the Department of State

11 may also use the authority of section 608 of the Foreign

12 Assistance Act of 1961, without regard to its restrictions,

13 to receive non-lethal excess property from an agency of the

14 United States Government for the purpose of providing it

15 to a foreign country under chapter 8 of part I of that Act

16 subject to the regular notification procedures of the Commit17 tees on Appropriations

18 Ω40æPage 17, line 24, after ‘‘$670,688,000’’ insert: :

19 Provided, That not less than $80,000,000 shall be available

20 for Soviet, Eastern European and other refugees resettling

21 in Israel

22 Ω41æPage 18, line 8, strike out ø$19,261,000¿ and in23 sert: $49,261,000
11

HR 2295 EAS

1 Ω42æPage 19, line 13, strike out ø$3,175,000,000¿ and

2 insert: $3,123,558,000

3 Ω43æPage 19, line 13, strike out all after

4 ‘‘$3,175,000,000’’ down to and including ‘‘grants’’ in line

5 19 and insert: : Provided, That of the funds appropriated

6 by this paragraph not less than $1,800,000,000 shall be

7 available for grants only for Israel, and not less than

8 $1,300,000,000 shall be available for grants only for Egypt:

9 Provided further, That the funds appropriated by this para10 graph for Israel shall be disbursed within thirty days of

11 enactment of this Act or by October 31, 1993, whichever

12 is later: Provided further, That to the extent that the Gov13 ernment of Israel requests that funds be used for such pur14 poses, grants made available for Israel by this paragraph

15 shall, as agreed by Israel and the United States, be avail16 able for advanced fighter aircraft programs or for other ad17 vanced weapons systems, as follows: (1) up to $150,000,000

18 shall be available for research and development in the Unit19 ed States; and (2) not less than $475,000,000 shall be avail20 able for the procurement in Israel of defense articles and

21 defense services, including research and development

22 Ω44æPage 19, line 22, after ‘‘Act’’ insert: : Provided fur23 ther, That none of the funds herein shall be obligated for

24 the Foreign Military Financing Program for Egypt until

25 the Secretary of State certifies to Congress that all United
12

HR 2295 EAS

1 States citizens being detained in Egypt are receiving or

2 have received fair trials and due process. The President

3 may waive this provision if he determines it is in the na4 tional interest and so advises Congress

5 Ω45æPage 20, line 6, strike out all after ‘‘maturities’’

6 down to and including ‘‘ratio’’ in line 11 and insert: : Pro7 vided further, That funds appropriated under this heading

8 shall be made available for Greece, Portugal, and Turkey

9 only on a loan basis, and the principal amount of direct

10 loans for each country shall not exceed the following;

11 $283,500,000 only for Greece, $81,000,000 only for Por12 tugal, and $405,000,000 only for Turkey

13 Ω46æPage 21, line 18, after ‘‘Act’’ insert: : Provided fur14 ther, That, subject to the regular notification procedures of

15 the Committees on Appropriations, funds made available

16 under this heading for the cost of direct loans may also be

17 used to supplement the funds available under this heading

18 for necessary expenses for grants if countries specified under

19 this heading as eligible for such direct loans decline to uti20 lize such loans

21 Ω47æPage 22, line 24, after ‘‘receipts’’ insert: : Provided,

22 That notwithstanding any provision of Public Law 102–

23 391, not to exceed $160,000,000 of the obligational author24 ity provided in that Act under the heading ‘‘Special Defense
13

HR 2295 EAS

1 Acquisition Fund’’ may be obligated pursuant to section

2 51(c)(2) of the Arms Export Control Act

3 Ω48æPage 23, line 4, strike out ø$75,623,000¿ and in4 sert: $62,500,000

5 Ω49æPage 24, line 19, strike out ø$700,000,000¿ and

6 insert: $1,000,000,000

7 Ω50æPage 24, line 19, after ‘‘$700,000,000’’ insert: to

8 remain available until September 30, 1995

9 Ω51æPage 24, line 24, strike out øfiscal year 1994¿ and

10 insert: fiscal years 1994 and 1995

11 Ω52æPage 30, line 25, strike out øchapter 1¿ and insert:

12 chapters 1 and 8

13 Ω53æPage 35, lines 9 and 10, strike out ø‘‘American

14 schools and hospitals abroad’’,¿

15 Ω54æPage 35, line 11, after ‘‘control’’,’’ insert: ‘‘Assist16 ance for Eastern Europe and the Baltic States’’, ‘‘Assist17 ance for the New Independent States of the Former Soviet

18 Union’’,

19 Ω55æPage 38, after line 14, insert:

20 (c) Subsection (a) shall cease to have effect during fis21 cal year 1994 with respect to the Palestine Liberation Orga22 nization (P.L.O.), programs for the P.L.O., and programs
14

HR 2295 EAS

1 for the benefit of entities associated with it which accept

2 the commitments made by the P.L.O. on September 9, 1993

3 if the President determines and notifies Congress that to

4 do so is in the national interest: Provided, That subsection

5 (a) shall resume full force and effect if at any time during

6 fiscal 1994 the President determines and so notifies Con7 gress that the P.L.O. has ceased to comply with the commit8 ments it made on September 9, 1993, or the Congress, by

9 joint resolution, determines that the P.L.O. has ceased to

10 comply with the commitments it made on September 9,

11 1993.

12 Ω56æPage 40, line 15, after ‘‘Cambodia,’’ insert: Colom13 bia,

14 Ω57æPage 40, line 17, after ‘‘Malawi,’’ insert: Nicaragua,

15 Ω58æPage 40, line 19, after ‘‘Appropriations’’ insert: :

16 Provided, That this section shall not apply to funds appro17 priated by this Act to carry out the provisions of chapter

18 1 of part I of the Foreign Assistance Act of 1961 that are

19 made available for El Salvador and Nicaragua

20 Ω59æPage 42, line 23, after ‘‘States’’ insert: and that

21 with respect to Syria, the President certifies to Congress

22 that Syria does not deny its citizens or any segment of its

23 citizens the right or opportunity to emigrate
15

HR 2295 EAS

1 Ω60æPage 43, line 20, strike out øTitle I through V¿

2 and insert: titles I through IV

3 Ω61æPage 43, line 21, strike out øsubject to¿ and insert:

4 notwithstanding

5 Ω62æPage 43, lines 22 and 23, strike out øand section

6 15 of the State Department Basic Authorities Act of

7 1956¿

8 Ω63æPage 43, line 23, after ‘‘1956’’ insert: : Provided,

9 That the Secretary of the Treasury is authorized to agree

10 on behalf of the United States to participate in the tenth

11 replenishment of the resources of the International Develop12 ment Association, the fifth replenishment of the Asian De13 velopment Fund, and the replenishment of the permanent

14 Global Environment Facility, subject to obtaining the nec15 essary appropriations

16 Ω64æPage 44, line 17, strike out øto vote against¿ and

17 insert: designated in subsection (b), and the Administrator

18 of the Agency for International Development shall instruct

19 the United States Executive Director of the International

20 Fund for Agriculture Development, to use the voice and vote

21 of the United States to oppose

22 Ω65æPage 48, line 24, after ‘‘prior’’ insert: or subsequent
16

HR 2295 EAS

1 Ω66æPage 49, line 12, after ‘‘1994’’ insert: , and up to

2 $72,000,000 may be made available for stockpiles in the Re3 public of Korea

4 Ω67æPage 49, line 12, after ‘‘1994’’ insert: and

5 $20,000,000 may be available for stockpiles in Thailand

6 Ω68æPage 58, strike out lines 15 to 20 and insert:

7 RESCISSIONS

8 SEC. 545. (a) Of the unexpended balances of funds (in9 cluding earmarked funds) made available for fiscal years

10 1987 through 1993 to carry out the provisions of chapter

11 4 of part II of the Foreign Assistance Act of 1961,

12 $250,000,000 are rescinded.

13 (b) Of the unexpended balances of funds (including

14 earmarked funds) appropriated for fiscal year 1993 and

15 prior fiscal years to carry out the provisions of sections 103

16 through 106 of the Foreign Assistance Act of 1961,

17 $5,100,000 are rescinded.

18 Ω69æPage 62, after line 4, insert:

19 (e) If the President determines that doing so will con20 tribute to a just resolution of charges regarding genocide

21 or other violations of international law in the former Yugo22 slavia, the authority of section 552(c) of the Foreign Assist23 ance Act of 1961, as amended, may be used to provide up

24 to $25,000,000 of commodities and services to the United
17

HR 2295 EAS

1 Nations War Crimes Tribunal, without regard to the ceiling

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

3 That the determination required under this subsection shall

4 be in lieu of any determinations otherwise required under

5 section 552(c).

6 Ω70æPage 62, after line 4, insert:

7 (f) Of the funds appropriated by this Act (including

8 title VI of this Act), not less than $3,000,000 shall be made

9 available for the United Nations War Crimes Tribunal, not10 withstanding any other provision of law.

11 Ω71æPage 63, after line 5 insert:

12 (c) During fiscal year 1994, the President may use up

13 to $50,000,000 under the authority of section 451 of the

14 Foreign Assistance Act of 1961, notwithstanding the fund15 ing ceiling contained in subsection (a) of that section.

16 Ω72æPage 63, after line 5 insert:

17 (d) Of the funds appropriated by this Act to carry out

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

19 Assistance Act of 1961 that are made available for assist20 ance for Afghanistan and Lebanon, no more than 50 per21 cent of the assistance provided to each country may be from

22 funds appropriated by this Act to carry out chapter 1 of

23 part I of the Foreign Assistance Act of 1961.

24 Ω73æPage 65, after line 13, insert:
18

HR 2295 EAS

1 ANTI-NARCOTICS ACTIVITIES

2 SEC. 551. (a) Of the funds appropriated by this Act

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

4 may be provided as follows:

5 (1) To strengthen the administration of justice

6 in countries in Latin America and the Caribbean in

7 accordance with the provisions of section 534 of the

8 Foreign Assistance Act of 1961, except that programs

9 to enhance protection of participants in judicial cases

10 may be conducted notwithstanding section 660 of that

11 Act.

12 (2) Notwithstanding section 660 of the Foreign

13 Assistance Act of 1961, up to $10,000,000 may be

14 made available for technical assistance, training, and

15 commodities with the objective of creating a profes16 sional civilian police force for Panama, and for pro17 grams to improve penal institutions and the rehabili18 tation of offenders in Panama (which programs may

19 be conducted other than through multilateral or re20 gional institutions), except that such technical assist21 ance shall not include more than $5,000,000 for the

22 procurement of equipment for law enforcement pur23 poses, and shall not include lethal equipment.

24 (b) Funds made available pursuant to this section may

25 be made available notwithstanding the third sentence of sec-
19

HR 2295 EAS

1 tion 534(e) of the Foreign Assistance Act of 1961. Funds

2 made available pursuant to subsection (a)(1) for Bolivia,

3 Colombia and Peru and subsection (a)(2) may be made

4 available notwithstanding section 534(c) and the second

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

6 1961.

7 Ω74æPage 65, after line 13, insert:

8 ELIGIBILITY FOR ASSISTANCE

9 SEC. 552. (a) ASSISTANCE THROUGH NON-GOVERN10 MENTAL ORGANIZATIONS.—Restrictions contained in this

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

12 shall not be construed to restrict assistance in support of

13 programs of nongovernmental organizations from funds ap14 propriated by this Act to carry out the provisions of chap15 ters 1 and 10 of part I of the Foreign Assistance Act of

16 1961: Provided, That the President shall take into consider17 ation, in any case in which a restriction on assistance

18 would be applicable but for this subsection, whether assist19 ance in support of programs of nongovernmental organiza20 tions is in the national interest of the United States: Pro21 vided further, That before using the authority of this sub22 section to furnish assistance in support of programs of non23 governmental organizations, the President shall notify the

24 Committees on Appropriations under the regular notifica25 tion procedures of those committees, including a description
20

HR 2295 EAS

1 of the program to be assisted, the assistance to be provided,

2 and the reasons for furnishing such assistance: Provided

3 further, That nothing in this subsection shall be construed

4 to alter any existing statutory prohibitions against abortion

5 or involuntary sterilizations contained in this or any other

6 Act.

7 (b) PUBLIC LAW 480.—During fiscal year 1994, re8 strictions contained in this or any other Act with respect

9 to assistance for a country shall not be construed to restrict

10 assistance under titles I and II of the Agricultural Trade

11 Development and Assistance Act of 1954: Provided, That

12 none of the funds appropriated to carry out title I of such

13 Act and made available pursuant to this subsection may

14 be obligated or expended except as provided through the reg15 ular notification procedures of the Committees on Appro16 priations.

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

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

19 comparable provision of law prohibiting assistance to

20 countries that support international terrorism; or

21 (2) with respect to section 116 of the Foreign As22 sistance Act of 1961 or any comparable provision of

23 law prohibiting assistance to countries that violate

24 internationally recognized human rights.

25 Ω75æPage 65, after line 13, insert:
21

HR 2295 EAS

1 EARMARKS

2 SEC. 553. (a) Funds appropriated by this Act which

3 are earmarked may be reprogrammed for other programs

4 within the same account notwithstanding the earmark if

5 compliance with the earmark is made impossible by oper6 ation of any provision of this or any other Act or, with

7 respect to a country with which the United States has an

8 agreement providing the United States with base rights or

9 base access in that country, if the President determines that

10 the recipient for which funds are earmarked has signifi11 cantly reduced its military or economic cooperation with

12 the United States since enactment of the Foreign Oper13 ations, Export Financing, and Related Programs Appro14 priations Act, 1991; however, before exercising the authority

15 of this subsection with regard to a base rights or base access

16 country which has significantly reduced its military or eco17 nomic cooperation with the United States, the President

18 shall consult with, and shall provide a written policy jus19 tification to the Committees on Appropriations: Provided,

20 That any such reprogramming shall be subject to the regu21 lar notification procedures of the Committees on Appropria22 tions: Provided further, That assistance that is repro23 grammed pursuant to this subsection shall be made avail24 able under the same terms and conditions as originally pro25 vided.
22

HR 2295 EAS

1 (b) In addition to the authority contained in sub2 section (a), the original period of availability of funds ap3 propriated by this Act and administered by the Agency for

4 International Development that are earmarked for particu5 lar programs or activities by this or any other Act shall

6 be extended for an additional fiscal year if the Adminis7 trator of such agency determines and reports promptly to

8 the Committees on Appropriations that the termination of

9 assistance to a country or a significant change in cir10 cumstances makes it unlikely that such earmarked funds

11 can be obligated during the original period of availability:

12 Provided, That such earmarked funds that are continued

13 available for an additional fiscal year shall be obligated

14 only for the purpose of such earmark.

15 Ω76æPage 65, after line 13, insert:

16 CEILINGS AND EARMARKS

17 SEC. 554. Ceilings and earmarks contained in this Act

18 shall not be applicable to funds or authorities appropriated

19 or otherwise made available by any subsequent Act unless

20 such Act specifically so directs.

21 Ω77æPage 65, after line 13, insert:

22 EXCESS DEFENSE ARTICLES

23 SEC. 555. The authority of section 519 of the Foreign

24 Assistance Act of 1961, as amended, may be used in fiscal

25 year 1994 to provide nonlethal excess defense articles to
23

HR 2295 EAS

1 countries for which receipt of such articles was separately

2 justified for the fiscal year, without regard to the restric3 tions in subsection (a) of that section.

4 Ω78æPage 65, after line 13, insert:

5 TERMINATION

6 SEC. 556. For the purpose of making an equitable set7 tlement of termination claims under extraordinary contrac8 tual relief standards, the President may adopt as a contract

9 or other obligation of the United States Government, and

10 assume (in whole or in part) any liabilities arising there11 under, any contract with a United States or third-country

12 contractor that had been funded with assistance under this

13 Act prior to the termination of assistance.

14 Ω79æPage 65, after line 13, insert:

15 REAL PROPERTY MANAGEMENT

16 SEC. 557. Any funds remaining in the Acquisition of

17 Property Revolving Fund administered by the Agency for

18 International Development may be transferred to, and con19 solidated and merged with, funds in the Property Manage20 ment Fund established pursuant to section 585 of the For21 eign Operations, Export Financing, and Related Programs

22 Appropriations Act, 1991 (Public Law 101–513).

23 Ω80æPage 65, after line 13, insert:
24

HR 2295 EAS

1 SEC. 558. UNITED STATES ASSISTANCE FOR THE TRANSI2 TION TO A NONRACIAL DEMOCRACY IN

3 SOUTH AFRICA.

4 (a) REPEAL.—Sections 116(e)(2), 116(f), and 116(g),

5 section 117 (as added by the Comprehensive Anti-Apartheid

6 Act of 1986), and section 535 of the Foreign Assistance Act

7 of 1961 are repealed. Section 116(e)(1) of that Act is

8 amended by striking ‘‘(1)’’.

9 (b) IN GENERAL.—The President is authorized and en10 couraged to provide assistance under chapter 10 of part I

11 of the Foreign Assistance Act of 1961 (relating to the Devel12 opment Fund for Africa) or chapter 4 of part II of that

13 Act (relating to the Economic Support Fund) to support

14 the transition to nonracial democracy in South Africa.

15 Such assistance shall—

16 (1) focus on building the capacity of disadvan17 taged South Africans to take their rightful place in

18 the political, social, and economic systems of their

19 country;

20 (2) give priority to working with and through

21 South African nongovernmental organizations whose

22 leadership and staff represent the majority population

23 and which have the support of the disadvantaged

24 communities being served by such organizations;

25 (3) in the case of education programs—
25

HR 2295 EAS

1 (A) be used to increase the capacity of

2 South African institutions to better serve the

3 needs of individuals disadvantaged by apartheid;

4 (B) emphasize education within South Afri5 ca to the extent that assistance takes the form of

6 scholarships for disadvantaged South African

7 students; and

8 (C) fund nontraditional training activities;

9 (4) support activities to prepare South Africa for

10 elections, including voter and civic education pro11 grams, political party building, and technical elec12 toral assistance;

13 (5) support activities and entities, such as the

14 Peace Accord structures; and

15 (6) support activities to promote human rights,

16 democratization, and a civil society.

17 (c) GOVERNMENT OF SOUTH AFRICA.—

18 (1) LIMITATION ON ASSISTANCE.—Except as pro19 vided in paragraph (2), assistance provided in ac20 cordance with this section may not be made available

21 to the Government of South Africa, or organizations

22 financed and substantially controlled by that govern23 ment, unless the President certifies to the Congress

24 that an interim government that was elected on a
26

HR 2295 EAS

1 nonracial basis through free and fair elections has

2 taken office in South Africa.

3 (2) EXCEPTIONS.—Paragraph (1) does not apply

4 to assistance for—

5 (A) higher education institutions, particu6 larly those traditionally disadvantaged by apart7 heid policies, or

8 (B) any other organization, entity, or activ9 ity if the President determines that the assist10 ance would promote the transition to nonracial

11 democracy in South Africa.

12 Any determination under subparagraph (B) shall be

13 based on consultations with South African individ14 uals and organizations representative of the majority

15 population in South Africa (particularly consulta16 tions through the Transitional Executive Council)

17 and consultations with the appropriate congressional

18 committees.

19 Ω81æPage 65, after line 13, insert:

20 PROHIBITION AGAINST PAY TO FOREIGN ARMED SERVICE

21 MEMBER

22 SEC. 559. None of the funds appropriated in this Act

23 nor any of the counterpart funds generated as a result of

24 assistance hereunder or any prior Act shall be used to pay

25 pensions, annuities, or retirement pay for any person here-
27

HR 2295 EAS

1 tofore or hereafter serving in the armed forces of any recipi2 ent country.

3 Ω82æPage 65, after line 13, insert:

4 PROHIBITION ON PUBLICITY OR PROPAGANDA

5 SEC. 560. No part of any appropriation contained in

6 this Act shall be used for publicity or propaganda purposes

7 within the United States not authorized before the date of

8 enactment of this Act by the Congress.

9 Ω83æPage 65, after line 13, insert:

10 DISADVANTAGED ENTERPRISES

11 SEC. 561. (a) Except to the extent that the Adminis12 trator of the Agency for International Development of the

13 Foreign Assistance Act of 1961 determines otherwise, not

14 less than 10 percent of the aggregate amount made available

15 for the current fiscal year for the ‘‘Development Assistance

16 Fund’’, ‘‘Population, Development Assistance’’, and the

17 ‘‘Development Fund for Africa’’ shall be made available

18 only for activities of United States organizations and indi19 viduals that are—

20 (1) business concerns owned and controlled by

21 socially and economically disadvantaged individuals,

22 (2) historically black colleges and universities,

23 (3) colleges and universities having a student

24 body in which more than 40 per centum of the stu25 dents are Hispanic American, and
28

HR 2295 EAS

1 (4) private voluntary organizations which are

2 controlled by individuals who are socially and eco3 nomically disadvantaged.

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

5 this section, the actions described in paragraphs (2) through

6 (5) shall be taken with respect to development assistance

7 and assistance for sub-Saharan Africa for the current fiscal

8 year.

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

10 order to achieve the goals of this section, the Adminis11 trator—

12 (A) to the maximum extent practicable, shall uti13 lize the authority of section 8(a) of the Small Busi14 ness Act (15 U.S.C. 637(a));

15 (B) to the maximum extent practicable, shall

16 enter into contracts with small business concerns

17 owned and controlled by socially and economically

18 disadvantaged individuals, and organizations con19 tained in paragraphs (2) through (4) of subsection

20 (a)—

21 (i) using less than full and open competitive

22 procedures under such terms and conditions as

23 the Administrator deems appropriate, and

24 (ii) using an administrative system for jus25 tifications and approvals that, in the Adminis-
29

HR 2295 EAS

1 trator’s discretion, may best achieve the purpose

2 of this section; and

3 (C) shall issue regulations to require that any

4 contract in excess of $500,000 contain a provision re5 quiring that no less than 10 per centum of the dollar

6 value of the contract be subcontracted to entities de7 scribed in subsection (a), except—

8 (i) to the extent the Administrator deter9 mines otherwise on a case-by-case or category-of10 contract basis; and

11 (ii) this subparagraph does not apply to

12 any prime contractor that is an entity described

13 in subsection (a).

14 (3) Each person with contracting authority who is at15 tached to the Agency’s headquarters in Washington, as well

16 as all Agency missions and regional offices, shall notify the

17 Agency’s Office of Small and Disadvantaged Business Utili18 zation at least seven business days before advertising a con19 tract in excess of $100,000, except to the extent that the

20 Administrator determines otherwise on a case-by-case or

21 category-of-contract basis.

22 (4) The Administrator shall include, as part of the per23 formance evaluation of any mission director of the agency,

24 the mission director’s efforts to carry out this section.
30

HR 2295 EAS

1 (5) The Administrator shall submit to the Congress an2 nual reports on the implementation of this section. Each

3 such report shall specify the number and dollar value or

4 amount (as the case may be) of prime contracts, sub5 contracts, grants, and cooperative agreements awarded to

6 entities described in subsection (a) during the preceding fis7 cal year.

8 (c) As used in this section, the term ‘‘socially and eco9 nomically disadvantaged individuals’’ has the same mean10 ing that term is given for purposes of section 8(d) of the

11 Small Business Act, except that the term includes women.

12 Ω84æPage 65, after line 13, insert:

13 HUMAN RIGHTS REPORT

14 SEC. 562. (a) Section 511(b) of the Foreign Oper15 ations, Export Financing, and Related Programs Appro16 priations Act, 1993 (Public Law 102–391) is amended to

17 read as follows:

18 ‘‘(b) HUMAN RIGHTS REPORT.—The Secretary of

19 State shall also transmit the report required by section

20 116(d) of the Foreign Assistance Act of 1961 to the Commit21 tees on Appropriations each year by the date specified in

22 that section: Provided, That each such report submitted

23 pursuant to such section shall include (1) a review of each

24 country’s commitment to children’s rights and welfare; (2)

25 a description of the extent to which indigenous people are
31

HR 2295 EAS

1 able to participate in decisions affecting their lands, cul2 tures, traditions and the allocation of natural resources,

3 and assess the extent of protection of their civil and political

4 rights; and (3) an examination of discrimination toward

5 people with disabilities: Provided further, That a separate

6 report, which shall be entitled ‘Annual Report on Military

7 Expenditures’, shall be submitted (at the same time as the

8 report required by section 116(d)) which shall contain a

9 description of the military expenditures of each country and

10 the efforts it is making to reduce those expenditures, and

11 should include for each country—

12 ‘‘(1) an updated estimate of current military

13 spending and a description of trends in spending in

14 real terms, using methodology such as that developed

15 by the Arms Control and Disarmament Agency;

16 ‘‘(2) an updated estimate of current spending on

17 health care and education;

18 ‘‘(3) a description of the size and political role

19 of the armed forces, including an assessment of the

20 ability of civilian authorities to appoint and remove

21 military officers;

22 ‘‘(4) an assessment of the feasibility of substan23 tially reducing military spending;

24 ‘‘(5) a description of efforts by each country and

25 the United States to encourage such reductions, in-
32

HR 2295 EAS

1 cluding collaborative efforts with other donors and

2 arms suppliers; and

3 ‘‘(6) a description of the country’s efforts to make

4 such reductions, including its willingness to provide

5 accurate military spending data to relevant inter6 national organizations and accurate data to the

7 United Nations Register of Conventional Arms, and

8 to participate in regional talks aimed at reducing

9 military spending.’’.

10 (b) The United States shall, in accordance with its

11 international obligations as set forth in the Charter of the

12 United Nations and in keeping with the constitutional her13 itage and traditions of the United States, promote and en14 courage increased respect for human rights and fundamen15 tal freedoms throughout the world without distinction as to

16 race, sex, language, disability, or religion.

17 Ω85æPage 65, after line 13, insert:

18 USE OF AMERICAN RESOURCES

19 SEC. 563. To the maximum extent possible, assistance

20 provided under this Act and title VI should make full use

21 of American resources, including commodities, products,

22 and services.

23 Ω86æPage 65, after line 13, insert:
33

HR 2295 EAS

1 INTERNATIONAL FUND FOR IRELAND

2 SEC. 564. Of the funds appropriated under the heading

3 ‘‘Development Assistance Fund,’’ up to $19,600,000 may be

4 made available until expended for the United States con5 tribution to the International Fund for Ireland, in accord6 ance with the Anglo-Irish Agreement Support Act of 1986

7 (Public Law 99–415), and such amount shall be expended

8 at the minimum rate necessary to make timely payment

9 for projects and activities.

10 Ω87æPage 65, after line 13, insert:

11 ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE

12 FORMER SOVIET UNION

13 SEC. 565. (a) Funds appropriated by this Act under

14 the heading ‘‘Assistance for the New Independent States of

15 the Former Soviet Union’’, and funds appropriated by the

16 Supplemental Appropriations for the New Independent

17 States of the Former Soviet Union Act, 1993, shall be avail18 able for economic assistance and for related programs as

19 follows:

20 (1) $895,000,000 shall be provided for the pur21 pose of private sector development including through

22 the support of bilateral and multilateral enterprise

23 funds, technical assistance and training, agribusiness

24 programs and agricultural credit, financing and tech-
34

HR 2295 EAS

1 nical assistance for small and medium private enter2 prises, and privatization efforts.

3 (2) $125,000,000 shall be provided for the pur4 pose of a special privatization and restructuring

5 fund: Provided, That the United States contribution

6 for such fund shall not exceed one-quarter of the ag7 gregate amount being made available for such fund by

8 all countries.

9 (3) $185,000,000 shall be provided for the pur10 pose of enhancing trade with and investment in the

11 new independent states of the former Soviet Union,

12 including through energy and environment commod13 ity import assistance, costs of loans and loan guaran14 tees and the provision of trade and investment tech15 nical assistance.

16 (4) $295,000,000 shall be provided for the pur17 pose of enhancing democratic initiatives, including

18 through the support of a comprehensive program of

19 exchanges and training, assistance designed to foster

20 the rule of law, and encouragement of independent

21 media.

22 (5) $190,000,000 shall be provided for the pur23 pose of supporting troop withdrawal, including

24 through the support of an officer resettlement pro25 gram, and technical assistance for the housing sector.
35

HR 2295 EAS

1 (6) $285,000,000 shall be provided for the pur2 pose of supporting the energy and environment sec3 tors, including such programs as nuclear reactor safe4 ty, and technical assistance to foster the efficiency

5 and privatization of the energy sector and making

6 that sector more environmentally responsible, of which

7 amount not less than $4,000,000 shall be provided for

8 the purpose of establishing, through an international

9 academic consortium of research universities, a coop10 erative data retrieval, computer based storage, and

11 electronic networking system between Russia, the

12 United States, and Canada. The consortium will be

13 formed for the identification, retrieval, preservation,

14 and analysis of existing scientific environmental data

15 stored in Russia, including data on northern region

16 contamination, key environmental parameters related

17 to contaminant transport processes (ice, wind, water,

18 and biota), North Pacific and Bering Sea fisheries,

19 marine mammals and sea birds, and northern human

20 ecology.

21 (7) $239,000,000 shall be provided for humani22 tarian assistance purposes, including to provide vac23 cines and medicines for vulnerable populations, to as24 sist in the establishment of a sustainable pharma-
36

HR 2295 EAS

1 ceutical industry, to provide food assistance, and to

2 meet other urgent humanitarian needs.

3 (b) Funds allocated for any of the paragraphs under

4 subsection (a) of this section may be reallocated for the pur5 poses of any other such paragraph, or may be reallocated

6 for other economic assistance and related programs in fur7 therance of the objectives of the FREEDOM Support Act,

8 if at least 15 days prior to such reallocation, the Commit9 tees on Appropriations are notified in accordance with reg10 ular notification procedures.

11 (c) Funds made available in this Act for assistance

12 to the New Independent States of the former Soviet Union

13 shall be provided to the maximum extent feasible through

14 the private sector, including private voluntary organiza15 tions and nongovernmental organizations functioning in

16 the New Independent States.

17 (d) Of the funds appropriated by titles II and VI of

18 this Act under the headings ‘‘Assistance for the New Inde19 pendent States of the Former Soviet Union’’ and ‘‘Oper20 ations and Maintenance, Defense Agencies’’, and title IV,

21 not less than $300,000,000 shall be made available for

22 Ukraine.

23 (e) None of the funds appropriated by this or any other

24 Act, shall be transferred to the Government of Russia—
37

HR 2295 EAS

1 (1) unless that Government is making substan2 tial progress in implementing comprehensive eco3 nomic reforms based on market principles, private

4 ownership, repayment of commercial debt, respect for

5 commercial contracts, and elimination of arbitrary or

6 discriminatory taxes adverse to foreign private invest7 ment; and

8 (2) if that Government applies or transfers Unit9 ed States assistance to any entity for the purpose of

10 expropriating or seizing ownership or control of as11 sets, investments, or ventures in violation of an exist12 ing contract with a United States private enterprise.

13 Ω88æPage 65, after line 13, insert:

14 (f) Notwithstanding subsection (b), of the funds made

15 available under subsection (a), not less than $40,000,000

16 shall remain available until expended to establish and oper17 ate a Russian Far East enterprise fund. The fund shall be

18 administered through the Agency for International Develop19 ment to provide technical assistance, promote business de20 velopment, and support economic reform in the Russian

21 Far East.

22 Ω89æPage 65, after line 13, insert:

23 (g) None of the funds appropriated by this or any other

24 Act, shall be made available to any government of the New

25 Independent States—
38

HR 2295 EAS

1 (1) if that government directs any action in vio2 lation of the territorial integrity or national sov3 ereignty of any other New Independent State, such as

4 those violations included in Principle Six of the Hel5 sinki Final Act;

6 (2) beginning 30 days after enactment of this

7 Act, and every April 1, and September 1, thereafter,

8 the Secretary of State shall report to the Committee

9 on Appropriations of each House of Congress on steps

10 taken by the governments of the New Independent

11 States to achieve compliance with subsection (1). In

12 preparing the report the Secretary shall consult with

13 the United States Representative to the Conference on

14 Security and Cooperation in Europe and the Assist15 ant Secretary for Human Rights.

16 (h) None of the funds appropriated by this or any other

17 Act for the New Independent States of the former Soviet

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

19 military capability: Provided, That this restriction does not

20 apply to demilitarization or non-proliferation programs, or

21 programs conducted under section 565(a)(5) of this Act.

22 (i) It is the sense of the Senate that at least one-third

23 of the funds made available by this Act for the New Inde24 pendent States of the former Soviet Union shall be provided

25 to countries other than Russia.
39

HR 2295 EAS

1 Ω90æPage 65, after line 13, insert:

2 ANDEAN NARCOTICS INITIATIVE

3 SEC. 566. None of the funds appropriated by this Act

4 under the headings ‘‘Economic Support Fund’’ and ‘‘For5 eign Military Financing Program’’ may be made available

6 for the Andean Narcotics Initiative until the Secretary of

7 State consults with, and provides a new Andean counter8 narcotics strategy (including budget estimates) to, the Com9 mittees on Appropriations.

10 Ω91æPage 65, after line 13, insert:

11 LIMITATIONS ON ASSISTANCE FOR NICARAGUA

12 SEC. 567. (a) None of the funds appropriated by this

13 Act under the heading ‘‘Economic Support Fund’’ may be

14 made available to the Government of Nicaragua until the

15 Secretary of State determines and reports in writing to the

16 appropriate committees that—

17 (1) there has been a full and independent inves18 tigation conducted relating to issues raised by the dis19 covery, after the May 23 explosion in Managua, of

20 weapons caches, false passports, identity papers and

21 other documents, suggesting the existence of a terror22 ist/kidnapping ring; and

23 (2) any individuals identified by the investiga24 tion cited in paragraph (1) as being part of such

25 ring, including all government officials (including
40

HR 2295 EAS

1 any members of the armed forces or security forces)

2 are being prosecuted.

3 (b) In addition to subsection (a), funds appropriated

4 by this Act under the heading ‘‘Economic Support Fund’’

5 may only be made available to the Government of Nica6 ragua upon the notification, in writing, by the Secretary

7 of State to the appropriate committees that he has deter8 mined that significant and tangible progress is being made

9 by the Government of Nicaragua toward—

10 (1) the resolution of expropriation claims and

11 the effective compensation of legitimate claims;

12 (2) the timely implementation of recommenda13 tions made by the Tripartite Commission as it under14 takes to review and identify those responsible for gross

15 human rights violations, including the expeditious

16 prosecution of individuals identified by the commis17 sion in connection with such violations;

18 (3) the enactment into law of legislation to re19 form the Nicaraguan military and security forces in

20 order to guarantee civilian control over the armed

21 forces;

22 (4) the establishment of civilian control over the

23 police, and the independence of the police from the

24 military; and
41

HR 2295 EAS

1 (5) the effective reform of the Nicaraguan judi2 cial system.

3 (c) The notification pursuant to subsection (b) shall

4 include a detailed listing of the tangible evidence that forms

5 the basis for such determination.

6 (d) For purposes of this section, the term ‘‘appropriate

7 committees’’ means the Committees on Foreign Relations

8 and Appropriations of the Senate and the Committees on

9 Foreign Affairs and Appropriations of the House of Rep10 resentatives.

11 Ω92æPage 65, after line 13, insert:

12 LIMITATIONS ON ASSISTANCE FOR HAITI

13 SEC. 568. (a) Notwithstanding any provision of this

14 or any other Act, none of the funds appropriated by this

15 Act may be obligated or expended for the purpose of mili16 tary-related civic action programs, police training, or mili17 tary training for Haiti—

18 (1) prior to October 30, 1993, unless such pro19 grams or training constitutes an integral part of a

20 United Nations-sponsored, multilateral initiative in

21 furtherance of the implementation of the Governor’s

22 Island Accords, signed on July 3, 1993; and

23 (2) on or after October 30, 1993, in order to

24 strengthen civilian control over the military and to
42

HR 2295 EAS

1 establish an independent civilian police force, without

2 the concurrence of the duly-elected President of Haiti.

3 (b) Notwithstanding any provision of this or any other

4 Act, none of the funds appropriated by this Act may be

5 used to provide military assistance or military training to

6 any member of the Haitian Armed Forces who the Sec7 retary of State knows or has reason to believe, based on

8 all credible information available to him—

9 (1) is or has been an illicit trafficker in any

10 narcotic or psychotropic drug or other controlled sub11 stance, or is or has been a knowing assistor, abettor,

12 conspirator, or colluder with others in the illicit traf13 ficking in any such substance; or

14 (2) is or has participated in gross violations of

15 internationally recognized human rights.

16 Ω93æPage 65, after line 13, insert:

17 AGRICULTURAL AID TO THE NEW INDEPENDENT STATES OF

18 THE FORMER SOVIET UNION

19 SEC. 569. Of the funds appropriated by titles II and

20 VI of this Act under the headings ‘‘Assistance for the New

21 Independent States of the Former Soviet Union’’ and ‘‘Op22 erations and Maintenance, Defense Agencies’’, $50,000,000

23 shall be made available only for provision of United States

24 agricultural commodities to address the food and nutrition

25 needs of the people of the new independent states of the
43

HR 2295 EAS

1 former Soviet Union: Provided, That in providing assist2 ance under this section, primary emphasis shall be given

3 to meeting the food and nutrition needs of children and

4 pregnant and post-partum women: Provided further, That

5 funds made available for the purposes of this section may

6 be used for transportation of United States agricultural

7 commodities provided under this section: Provided further,

8 That the President may enter into agreements with the gov9 ernments of the new independent states and nongovern10 mental organizations to provide for the sale of any part

11 of the United States agricultural commodities in the new

12 independent states for local currencies: Provided further,

13 That any such local currencies shall be used in the new

14 independent states to process, transport, store, distribute or

15 otherwise enhance the effectiveness of the use of United

16 States agricultural commodities provided under this sec17 tion, and to support agricultural and rural development ac18 tivities.

19 Ω94æPage 65, after line 13, insert:

20 HUMANITARIAN ASSISTANCE FOR ARMENIA

21 SEC. 570. Of the funds appropriated by titles II and

22 VI of this Act (1) to carry out the provisions of chapter

23 1 of part I and chapter 4 of part II of the Foreign Assist24 ance Act of 1961, and (2) under the headings ‘‘Assistance

25 for the New Independent States of the Former Soviet
44

HR 2295 EAS

1 Union’’ and ‘‘Operations and Maintenance, Defense Agen2 cies’’, not less than $18,000,000 shall be made available,

3 notwithstanding any other provision of law, for urgent hu4 manitarian assistance for Armenia.

5 Ω95æPage 65, after line 13, insert:

6 HUMANITARIAN AND REFUGEE ASSISTANCE IN CROATIA,

7 SLOVENIA, BOSNIA, AND KOSOVA

8 SEC. 571. (a) Of the funds appropriated by this Act

9 under the heading ‘‘Migration and Refugee Assistance’’, not

10 less than $35,000,000 shall be made available to assist refu11 gees in Croatia, Slovenia, and Bosnia.

12 (b) Of the funds appropriated by title II of this Act,

13 not less than $30,000,000 shall be made available, notwith14 standing any provision of law, for humanitarian assistance

15 for Bosnia, Croatia, and Kosova, of which not less than

16 $10,000,000 should be for Kosova: Provided, That such as17 sistance shall be provided through private and voluntary

18 organizations and shall include health care assistance (with

19 emphasis on maternal health care), and assistance for dis20 placed children and victims of war, including victims of

21 rape and torture.

22 Ω96æPage 65, after line 13, insert:

23 PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

24 SEC. 572. None of the funds appropriated or made

25 available pursuant to this Act for carrying out the Foreign
45

HR 2295 EAS

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

2 in part any assessments, arrearages, or dues of any member

3 of the United Nations.

4 Ω97æPage 65, after line 13, insert:

5 CONSULTING SERVICES

6 SEC. 573. The expenditure of any appropriation under

7 this Act for any consulting service through procurement

8 contract, pursuant to section 3109 of title 5, United States

9 Code, shall be limited to those contracts where such expendi10 tures are a matter of public record and available for public

11 inspection, except where otherwise provided under existing

12 law, or under existing Executive order pursuant to existing

13 law.

14 Ω98æPage 65, after line 13, insert:

15 PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

16 SEC. 574. None of the funds appropriated or made

17 available pursuant to this Act shall be available to a private

18 voluntary organization which fails to provide upon timely

19 request any document, file, or record necessary to the audit20 ing requirements of the Agency for International Develop21 ment, nor shall any of the funds appropriated by this Act

22 be made available to any private voluntary organization

23 which is not registered with the Agency for International

24 Development.
46

HR 2295 EAS

1 Ω99æPage 65, after line 13, insert:

2 CHEMICAL WEAPONS PROLIFERATION

3 SEC. 575. None of the funds appropriated by this Act

4 may be used to finance the procurement of chemicals, dual

5 use chemicals, or chemical agents that may be used for

6 chemical weapons production: Provided, That the provi7 sions of this section shall not apply to any such procure8 ment if the President determines that such chemicals, dual

9 use chemicals, or chemical agents are not intended to be

10 used by the recipient for chemical weapons production.

11 Ω100æPage 65, after line 13, insert:

12 SPECIAL DEBT RELIEF FOR THE POOREST

13 SEC. 576. The Foreign Assistance Act of 1961 is

14 amended by inserting at the end of part I the following

15 new chapter:

16 ‘‘CHAPTER 12—SPECIAL DEBT REDUCTION

17 AUTHORITY

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

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

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

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

22 result of—

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

24 222 of the Foreign Assistance Act of 1961;
47

HR 2295 EAS

1 ‘‘(2) credits extended or guarantees issued under

2 the Arms Export Control Act; or

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

4 Export-Import Bank of 1945.

5 ‘‘(b) LIMITATIONS.—

6 ‘‘(1) The authority provided by this section may

7 be exercised only to implement multilateral official

8 debt relief and referendum agreements commonly re9 ferred to as ‘Paris Club Agreed Minutes’.

10 ‘‘(2) The authority provided by this section may

11 be exercised only in such amounts or to such extent

12 as is provided in advance by appropriations Acts.

13 ‘‘(3) The authority provided by this section may

14 be exercised only with respect to countries with heavy

15 debt burdens that are eligible to borrow from the

16 International Development Association, but not from

17 the International Bank for Reconstruction and Devel18 opment, commonly referred to as ‘IDA-only’ coun19 tries.

20 ‘‘(c) ELIGIBILITY.—The authority provided by this sec21 tion may be exercised only with respect to a country—

22 ‘‘(1) whose government is making reasonable

23 progress toward democracy;

24 ‘‘(2) whose government has not repeatedly pro25 vided support for acts of international terrorism;
48

HR 2295 EAS

1 ‘‘(3) whose government is not failing to cooperate

2 on international narcotics control matters; and

3 ‘‘(4) whose government (including its military or

4 other security forces) does not engage in a consistent

5 pattern of gross violations of internationally recog6 nized human rights.

7 ‘‘(d) CERTAIN PROHIBITIONS INAPPLICABLE.—A re8 duction of debt pursuant to this section shall not be consid9 ered assistance for purposes of any provision of law limit10 ing assistance to a country.’’.

11 Ω101æPage 65, after line 13, insert:

12 GUARANTEES

13 SEC. 577. Section 251(b) of the Balanced Budget and

14 Emergency Deficit Control Act of 1985 is amended by in15 serting after subparagraph (2)(F) the following new sub16 paragraph:

17 ‘‘(G) NET GUARANTEE COSTS.—The net costs for fiscal

18 year 1994 of the appropriation made under section 601 of

19 Public Law 102–391 are not subject to the discretionary

20 spending limits or the Appropriations Committee’s Foreign

21 Operations Subcommittee’s 602(b) allocation in fiscal year

22 1994.’’.

23 Ω102æPage 65, after line 13, insert:
49

HR 2295 EAS

1 FOREIGN MILITARY FINANCING DIRECT COMMERCIAL SALES

2 POLICY

3 SEC. 578. (a) PROHIBITION ON POLICY CHANGES.—

4 The Secretary of Defense shall not restrict the use of Foreign

5 Military Financing for direct commercial sales unless and

6 until—

7 (1) the Secretary of Defense submits to the con8 gressional appropriations, foreign relations and de9 fense committees the report under subsection (b); and

10 (2) the Secretary of Defense consults with and se11 cures the approval of the Congress regarding any pro12 posed changes in Foreign Military Financing direct

13 commercial sales policy.

14 (b) REPORT ON IMPACT OF POLICY CHANGES REGARD15 ING FOREIGN MILITARY FINANCING DIRECT COMMERCIAL

16 SALES.—The Secretary of Defense shall submit a report to

17 Congress on or before December 31, 1994, regarding the im18 plementation of the Foreign Military Financing program

19 through both the Government-to-Government and direct

20 commercial sales methods.

21 (1) CONTENT OF REPORT.—The report shall in22 clude—

23 (A) reasons for selecting the Government-to24 Government or direct commercial sales methods

25 in Foreign Military Financing transactions;
50

HR 2295 EAS

1 (B) benefits and difficulties resulting from

2 usage of the Government-to-Government or direct

3 commercial sales methods in Foreign Military

4 Financing transactions, including, but not lim5 ited to, a discussion and statistical breakdown of

6 administrative and other difficulties arising

7 from both Government-to-Government and direct

8 commercial sales methods; and

9 (C) the time necessary to ensure an effective

10 and non-disruptive transition to implement any

11 changes regarding Foreign Military Financing

12 sales methods which the Congress may approve.

13 (2) FORM OF REPORT.—The report shall be sub14 mitted in classified and unclassified forms.

15 (3) SOLICITATION OF ADDITIONAL VIEWS.—The

16 Secretary of Defense shall solicit the views of the De17 partment of State and the National Security Council

18 and of foreign countries and United States defense

19 contractors which participate in the Foreign Military

20 Financing program regarding those issues covered by

21 subsection (b)(1). All views solicited under direction

22 of this subsection shall be included in the final report

23 submitted to Congress.

24 Ω103æPage 65, after line 13, insert:
51

HR 2295 EAS

1 RESTRICTION ON ASSISTANCE TO PERU

2 SEC. 579. (a) IN GENERAL.—None of the funds appro3 priated by this Act to carry out the Foreign Assistance Act

4 of 1961 may be available for the Government of Peru until

5 the President determines and so certifies to Congress that

6 the Government of Peru has paid fair and equitable com7 pensation to the survivors of Master Sergeant Joseph Beard,

8 Jr., United States Air Force, who was killed during the at9 tack by aircraft of the military forces of Peru on April 24,

10 1992, against a United States Air Force C–130 aircraft op11 erating off the coast of Peru in international airspace.

12 (b) OPPOSITION TO FINANCING BY MULTILATERAL DE13 VELOPMENT BANKS.—The Secretary of the Treasury shall

14 instruct the United States executive directors of the appro15 priate multilateral development banks to vote against any

16 loan or other financial assistance for Peru until the condi17 tion described in subsection (a) is met.

18 (c) DEFINITION.—For purposes of this section, the

19 term ‘‘appropriate multilateral development banks’’ means

20 the International Bank for Reconstruction and Develop21 ment, the International Development Association, and the

22 Inter-American Development Bank.

23 Ω104æPage 65, after line 13, insert:
52

HR 2295 EAS

1 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS

2 THAT EXPORT LETHAL MILITARY EQUIPMENT TO

3 COUNTRIES SUPPORTING INTERNATIONAL TERRORISM

4 SEC. 580. (a) None of the funds appropriated or other5 wise made available by this Act may be available to any

6 foreign government which provides lethal military equip7 ment to a country the government of which the Secretary

8 of State has determined is a terrorist government for pur9 poses of section 40(d) of the Arms Export Control Act. The

10 prohibition under this section with respect to a foreign gov11 ernment shall terminate 12 months after that government

12 ceases to provide such military equipment. This section ap13 plies with respect to lethal military equipment provided

14 under a contract entered into after the date of enactment

15 of this Act.

16 (b) Assistance restricted by subsection (a) or any other

17 similar provision of law, may be furnished if the President

18 determines that furnishing such assistance is important to

19 the national interests of the United States.

20 (c) Whenever the waiver of subsection (b) is exercised,

21 the President shall submit to the appropriate congressional

22 committees a report with respect to the furnishing of such

23 assistance. Any such report shall include a detailed expla24 nation of the assistance to be provided, including the esti25 mated dollar amount of such assistance, and an expla-
53

HR 2295 EAS

1 nation of how the assistance furthers United States national

2 interests. Any such report shall be submitted, in accordance

3 with the procedures applicable to reprogramming notifica4 tions under section 634A, at least 15 days before any funds

5 are obligated for such assistance.

6 Ω105æPage 65, after line 13, insert:

7 WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED

8 BY FOREIGN COUNTRIES

9 SEC. 581. (a) IN GENERAL.—Of the funds made avail10 able for a foreign country under part I of the Foreign As11 sistance Act of 1961, an amount equivalent to the total un12 paid parking fines and penalties owed to the District of

13 Columbia by such country as of the date of enactment of

14 this Act shall be withheld from obligation for such country

15 until the Secretary of State certifies and reports in writing

16 to the appropriate congressional committees that such fines

17 and penalties are fully paid to the government of the Dis18 trict of Columbia.

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

20 term ‘‘appropriate congressional committees’’ has the same

21 meaning given to such term by section 644(q) of the Foreign

22 Assistance Act of 1961.

23 Ω106æPage 65, after line 13, insert:
54

HR 2295 EAS

1 UKRAINE/RUSSIA STABILIZATION PARTNERSHIPS

2 SEC. 582. Of the funds appropriated by this Act under

3 the headings ‘‘Assistance for the New Independent States

4 of the Former Soviet Union’’ and ‘‘Operations and Mainte5 nance, Defense Agencies’’, and allocated under section

6 565(a) paragraphs (1) and (6), not less than $50,000,000

7 shall be made available to the Secretary of Energy in con8 sultation with the Secretary of State for a program of co9 operation between scientific and engineering institutes in

10 the new independent states and national laboratories in the

11 United States designed to stabilize the technology base in

12 the cooperating states as each strives to convert defense in13 dustries to civilian applications: Provided, That priority

14 be assigned to programs in support of international agree15 ments that prevent and reduce proliferation of weapons of

16 mass destruction: Provided further, That the Secretary may

17 enter into agreements involving private United States in18 dustry that include cost share arrangements where feasible:

19 Provided further, That the Secretary may participate in

20 programs that enhance the safety of power reactors: Pro21 vided further, That the intellectual property rights of all

22 parties to a program of cooperation be protected: Provided

23 further, That funds made available by this section may be

24 reallocated in accordance with the authority of section

25 565(b) of this Act.
55

HR 2295 EAS

1 Ω107æPage 65, after line 13, insert:

2 USED OIL EQUIPMENT

3 SEC. 583. Section 106(b)(1) of the Foreign Assistance

4 Act of 1961 (22 U.S.C. 2151d(b)(1)), as amended, is further

5 amended in the last sentence of the paragraph by striking

6 the word ‘‘and’’ the second place it appears and inserting

7 ‘‘, and the purchase of used oil equipment (including equip8 ment used in the Arctic)’’ immediately before the period.

9 Ω108æPage 65, after line 13, insert:

10 FISHING IN THE CENTRAL BERING SEA

11 SEC. 584. (a) FINDINGS.—The Congress finds that—

12 (1) the Central Bering Sea Fisheries Enforce13 ment Act of 1992 (title III of Public Law 102–582)

14 prohibits United States nationals and vessels from

15 conducting fishing operations in the Central Bering

16 Sea, in an area known as ‘‘the Doughnut’’, except

17 when such fishing operations are in accordance with

18 an international fishery agreement to which the

19 United States and the Russian Federation are par20 ties;

21 (2) the Central Bering Sea Fishery Enforcement

22 Act also prohibits the entry into United States ports

23 of any fishing vessel from a nation whose vessels or

24 nationals conduct fishing operations in the Doughnut
56

HR 2295 EAS

1 in the absence of such an international fishery agree2 ment;

3 (3) the United States and the Russian Federa4 tion have participated in seven multilateral meetings

5 among nations whose vessels or nationals fish in the

6 Doughnut to discuss an international fishery agree7 ment;

8 (4) a moratorium on fishing in the Doughnut for

9 1993 and 1994 was agreed to by the United States,

10 the Russian Federation, Japan, Korea, Poland, and

11 the People’s Republic of China as part of these discus12 sions, in order to facilitate negotiations on an inter13 national fishery agreement;

14 (5) at the Vancouver Summit on April 4, 1993,

15 Presidents Clinton and Yeltsin committed to develop16 ing further bilateral cooperation on fishery matters in

17 the Bering Sea;

18 (6) an international fishery agreement has not

19 yet been reached despite the best efforts of the United

20 States and the Russian Federation; and

21 (7) the cooperation of nations which receive aid

22 through monies provided by this Act is needed in

23 order for an international fishery agreement to be

24 reached.
57

HR 2295 EAS

1 (b) REVIEW.—In light of the findings in subsection

2 (a), it is the sense of the Congress that the cooperation of

3 nations whose vessels and nationals conduct fishing oper4 ations in the Central Bering Sea should be carefully consid5 ered in making appropriations for programs from which

6 those nations will receive aid monies in fiscal year 1995,

7 and that Congress should seriously consider withholding

8 any such monies until such time as an acceptable inter9 national fishery agreement is reached.

10 Ω109æPage 65, after line 13, insert:

11 KENYA

12 SEC. 585. (a) STATEMENT OF THE CONGRESS.—The

13 Congress—

14 (1) notes the long friendship between Kenya and

15 the United States and the constructive role played by

16 Kenya during the humanitarian relief operation in

17 Somalia;

18 (2) recognizes the steps taken by the Kenyan

19 Government toward establishing a more open and

20 democratic political system, including the legalization

21 of opposition political parties and the holding of

22 multiparty elections in December 1992; and

23 (3) remains concerned about the continuing

24 human rights abuses, government corruption, and eco-
58

HR 2295 EAS

1 nomic mismanagement which threaten the political

2 and economic future of Kenya.

3 (b) ASSISTANCE.—In providing future economic and

4 development assistance to the Government of Kenya, the

5 President shall take into account the extent of the Kenyan

6 Government’s progress toward increasing respect for human

7 rights, permitting freedom of expression, expanding co8 operation and dialogue with the democratic opposition par9 ties, improving the management of the economy, and reduc10 ing economic corruption, especially at the state-run Kenya

11 Central Bank.

12 (c) PROHIBITION.—No funds appropriated by this Act

13 under section 23 of the Arms Export Control Act may be

14 provided to the Government of Kenya unless the President

15 determines that providing such assistance is in the national

16 interests of the United States and consults with Congress

17 prior to making such a determination.

18 Ω110æPage 65, after line 13, insert:

19 PROHIBITION ON ASSISTANCE TO COUNTRIES

20 EXPROPRIATING UNITED STATES PROPERTY

21 SEC. 586. (a) PROHIBITION.—None of the funds appro22 priated or otherwise made available by this Act may be pro23 vided to a country (other than a country described in sub24 section (c)) whose government (or any agency or instrumen25 tality thereof)—
59

HR 2295 EAS

1 (1) has before, on, or after the date of enactment

2 of this Act—

3 (A) nationalized or expropriated the prop4 erty of any United States person,

5 (B) repudiated or nullified any contract or

6 agreement with any United States person, or

7 (C) taken any other action (such as the im8 position of discriminatory taxes or other exac9 tions) which has the effect of seizing ownership

10 or control of the property of any United States

11 person,

12 (2) has not, within a period of 3 years (or where

13 applicable, the period described in subsection (b)), re14 turned the property or provided adequate and effec15 tive compensation for such property in convertible

16 foreign exchange equivalent to the full value thereof,

17 as required by international law, and

18 (3) the President may waive the prohibition in

19 this subsection if he determines and so notifies Con20 gress that it is in the national interest to do so. Such

21 determination must be made on a country by country

22 basis every 180 days.

23 (b) EXTENDED PERIOD FOR COMPENSATION IN THE

24 CASE OF NEWLY DEMOCRATIC GOVERNMENTS.—In the case

25 of a democratically elected foreign government that had
60

HR 2295 EAS

1 been a totalitarian or authoritarian government at the time

2 of the action described in subsection (a)(1), the 3-year pe3 riod described in subsection (a)(2) shall be deemed to have

4 begun as of the date of the installation of the

5 democractically elected government.

6 (c) EXCEPTED COUNTRIES AND TERRITORIES.—This

7 section shall not apply to any country established by inter8 national mandate through the United Nations or to any

9 territory recognized by the United States Government to be

10 in dispute.

11 (d) DEFINITION.—For purposes of this section, the

12 term ‘‘United States person’’ means a United States citizen

13 or corporation, partnership, or association at least 50 per14 cent beneficially owned by United States citizens.

15 Ω111æPage 65, after line 13, insert:

16 RUSSIAN ASSISTANCE TO CUBA

17 SEC. 587. Of the funds appropriated by this Act under

18 the headings ‘‘Assistance for the New Independent States

19 of the former Soviet Union’’ and ‘‘Operations and Mainte20 nance, Defense Agencies’’, $380,000,000 shall not be avail21 able for obligation for Russia unless the President certifies

22 on April 1, 1994, that the government of Russia has not

23 provided assistance to Cuba during the preceding 18

24 Months: Provided, That the Committees on Appropriations

25 shall be notified 15 days in advance of the obligation of
61

HR 2295 EAS

1 such funds through the regular notifications procedures of

2 the Committees on Appropriations.

3 Ω112æPage 65, after line 13, insert:

4 RESTRICTION ON ASSISTANCE FOR RUSSIA

5 SEC. 588. (a) PROHIBITION.—None of the funds appro6 priated or otherwise made available by this Act (other than

7 funds to carry out humanitarian assistance) may be avail8 able in any fiscal year for Russia unless the President has

9 certified to the Congress not more than 6 months in advance

10 of the obligation or expenditure of such funds that—

11 (1) the Government of Russia and the Govern12 ments of Latvia and Estonia have established a time13 table for the withdrawal of the armed forces of Russia

14 and the Commonwealth of Independent States, and

15 all parties are complying with such timetable; or

16 (2) Russia and the Commonwealth of Independ17 ent States continue to make substantial progress to18 ward the withdrawal of their armed forces from Lat19 via and Estonia.

20 (b) TERMINATION OF CERTIFICATION REQUIRE21 MENT.—Subsection (a) shall remain in force until the

22 President certifies to the Congress that all of the armed

23 forces of Russia and the Commonwealth of Independent

24 States have withdrawn from Latvia and Estonia or that
62

HR 2295 EAS

1 the status of those armed forces has been otherwise resolved

2 by mutual agreement of the parties.

3 Ω113æPage 65, after line 13, insert:

4 POLICY WITH RESPECT TO RESTORATION OF DEMOCRACY

5 IN HAITI

6 SEC. 589. (a) FINDINGS.—The Senate finds that—

7 (1) the Governors Island Accord signed in July

8 1993 calls for the restoration of democracy in Haiti,

9 including a return of Haiti’s duly elected President

10 Jean Bertrande Aristide;

11 (2) in the last 3 months, scores of Haitians have

12 been killed or injured in politically motivated attacks

13 by paramilitary groups operating with the apparent

14 complicity of Haitian security forces, and inter15 national human rights monitors have reported a

16 greater increase in violence than at any time since

17 the violent overthrow of President Aristide in 1991;

18 (3) officials of President Aristide’s government

19 have received death threats or have been otherwise

20 threatened, harassed, and intimidated as they have

21 attempted to exercise the duties of their offices;

22 (4) conditions in Haiti are forcing Haitians to

23 flee their country in search of refuge;

24 (5) the exodus of Haitian refugees contributes to

25 regional instability and threatens to overwhelm the
63

HR 2295 EAS

1 ability of the United States and other nations to pro2 vide safe haven to these refugees;

3 (6) the recent acts of violence are completely un4 justifiable and violate the spirit of national reconcili5 ation embodied in the Governors Island Agreement;

6 (7) the United Nations sanctions suspended re7 cently, after consultation with the United States and

8 other nations, were suspended in good faith, in the

9 full expectation that the terms of the Governors Island

10 Accord would be executed faithfully by all parties in

11 an atmosphere free of political violence, coercion, and

12 intimidation;

13 (8) on September 17 the United Nations Security

14 Council deplored the recent upsurge in violence in

15 Haiti and said that if the Secretary General deter16 mines there has been serious and consistent non17 compliance with the Governor’s Island Agreement, the

18 Council ‘‘will immediately reinstate those measures

19 provided for in Resolution 841 appropriate to the sit20 uation, with particular emphasis on those measures

21 aimed at those deemed responsible for the noncompli22 ance of the agreement.’’; and

23 (9) on September 21, 1993, President Aristide

24 called upon the United Nations to reimpose com25 prehensive sanctions on Haiti.
64

HR 2295 EAS

1 (b) POLICY.—(1) It is the sense of the Senate that the

2 highest priority of United States policy toward Haiti

3 should be to help restore democratic government there in

4 an atmosphere free of violence and fear.

5 (2) The Senate—

6 (A) commends the President for condemning the

7 violence in Haiti, and for his continuing vigorous ef8 forts to convey to the Haitian security forces the

9 United States unshakable support for the interim gov10 ernment of Prime Minister Malval and the restora11 tion of democracy there under the Governors Island

12 timetable, as evidenced by a recent visit of high-rank13 ing United States diplomatic and military officials to

14 Haiti to discuss security and other issues with Hai15 tian military officials; and

16 (B) urges the President—

17 (i) to consider immediate reimposition of

18 United States-sponsored sanctions against the de

19 facto military government of Haiti;

20 (ii) to consult on an urgent basis with other

21 members of the Security Council to determine if

22 a reimposition of United Nations-sponsored

23 sanctions is now appropriate;
65

HR 2295 EAS

1 (iii) to provide all necessary support to ex2 pedite the arrival of United Nations police mon3 itors in Haiti; and

4 (iv) to support the new Government of Hai5 ti’s efforts to identify and remove human rights

6 violators from the Haitian security forces.

7 Ω114æPage 65, after line 13, insert:

8 STATEMENT OF POLICY ON THE UNITED NATIONS

9 SEC. 590. It is the sense of the Congress that—

10 (1) the Secretary General of the United Nations

11 should—

12 (A) immediately establish a permanent,

13 independent inspector general with responsibil14 ities and authority similar to the offices of In15 spectors General as authorized by the Inspector

16 General Act of 1978, and that such office should

17 carry out internal audits and investigations of

18 United Nations operations, remedy any irreg19 ularities found by such audits, and establish a

20 system of cost-based accounting; and

21 (B) establish a system allowing for the re22 view of internal audits by representatives of the

23 permanent members of the United Nations; and
66

HR 2295 EAS

1 (2) the President and the Congress should pursue

2 such measures as are necessary to achieve the reform

3 goals referred to in paragraph (1).

4 Ω115æPage 65, after line 13, insert:

5 MIDDLE EAST PEACE FACILITATION ACT

6 SEC. 591. (a) Until January 1, 1994, the President

7 shall have the authority to waive section 307 of the Foreign

8 Assistance Act, as amended, with respect to the Palestine

9 Liberation Organization (PLO), programs for the PLO,

10 and programs for the benefit of entities associated with it,

11 which accept the commitments made by the PLO on Sep12 tember 9, 1993: Provided, That before exercising this au13 thority, the President shall consult with the relevant com14 mittees of the Senate and the House of Representatives: Pro15 vided further, That the President determines, and notifies

16 Congress that to do so is in the national interest.

17 (b) Subsection (a) shall cease to have effect if at any

18 time prior to January 1, 1994, the President determines

19 and so notifies Congress that the PLO has ceased to comply

20 with the commitments it made on September 9, 1993, or

21 the Congress, by joint resolution, determines that the PLO

22 has ceased to comply with the commitments it made on Sep23 tember 9, 1993.

24 Ω116æPage 65, after line 13, insert:
67

HR 2295 EAS

1 POLICY CONCERNING HUMAN RIGHTS AND DEMOCRACY IN

2 VIETNAM

3 SEC. 592. (a) FINDINGS.—The Congress finds that—

4 (1) the ending of the Cold War provides an un5 precedented opportunity for democratic reform and

6 improvements in human rights throughout the world;

7 (2) the government and citizens of the United

8 States view positively recent improvements in resolv9 ing POW/MIA cases by the Socialist Republic of Viet10 nam and wish to promote even greater openness in

11 that country;

12 (3) recent economic reforms and initiatives un13 dertaken by the Vietnamese Government can best be

14 encouraged and built upon through political liberal15 ization;

16 (4) the interests of the United States and the

17 people of Vietnam, and the international community

18 would best be served by having a friendly and demo19 cratic government in Vietnam;

20 (5) the United States currently has no program

21 to support political reform in Vietnam; and

22 (6) greater respect for internationally recognized

23 human rights and a peaceful transition to democracy

24 in Vietnam would greatly reduce the threat to the sta25 bility of Southeast Asia, allow for the rapid resolution
68

HR 2295 EAS

1 of the POW/MIA issue, and enable the creation of a

2 free-market economy in Vietnam.

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

4 (1) the United States should support the process

5 of nonviolent democratic reform in Vietnam;

6 (2) the Secretary of State should declare United

7 States support for the democratization of Vietnam

8 and reaffirm that measurable progress on the POW/

9 MIA issue is critical to normalizing economic and

10 diplomatic relations with the United States;

11 (3) the Administration should take the lead in

12 mobilizing the United Nations, ASEAN members,

13 human rights organizations, and the various other in14 terest groups, including United States businesses op15 erating in Vietnam under the guidelines of current

16 United States policy to work toward the common goal

17 of promoting basic human rights, the rule of law and

18 free and democratic elections in Vietnam;

19 (4) the United States should increase its support

20 for Voice of America programming in Vietnam;

21 (5) the Administration should make every effort

22 to stress with officials of the Vietnamese government

23 at every oppportunity the importance of human

24 rights in the relationship between our two nations;

25 and
69

HR 2295 EAS

1 (6) the Administration should raise with officials

2 of the Vietnamese government at every opportunity

3 outstanding individual human rights cases.

4 Ω117æPage 65, after line 13, insert:

5 SENSE OF THE SENATE REGARDING IMPORTATION OF

6 PRODUCTS MADE WITH CHILD LABOR

7 SEC. 593. (a) FINDINGS.—The Senate makes the fol8 lowing findings:

9 (1) Principle 9 of the Declaration of the Rights

10 of the Child, proclaimed by the General Assembly of

11 the United Nations on November 20, 1959, states that

12 ‘‘the child shall not be admitted to employment before

13 an appropriate minimum age; he shall in no case be

14 caused or permitted to engage in any occupation or

15 employment which would prejudice his health or edu16 cation, or interfere with his physical, mental, or

17 moral development’’.

18 (2) Article 2 of the International Labor Conven19 tion No. 138 Concerning Minimum Age For Admis20 sion to Employment states: ‘‘The minimum age speci21 fied in pursuance of paragraph 1 of this article shall

22 not be less than the age of compulsory schooling and,

23 in any case, shall not be less than 15 years.’’.

24 (3) The International Labor Organization esti25 mates there are hundreds of millions of children in
70

HR 2295 EAS

1 Asia, Africa, and Latin America under the age of 15

2 that are working, many of them in dangerous indus3 tries such as glass, metal works, textiles, mining, and

4 fireworks manufacturing.

5 (4) The number of children under the age of 15

6 who are working, and the scale of their suffering, in7 crease every year, despite the existence of more than

8 20 International Labor Organization conventions on

9 child labor and laws in many countries which pro10 hibit the employment of underage children. The De11 partment of Labor’s second biennial report on inter12 national worker rights, notes that ‘‘child labor has

13 been a dramatically worsening global problem’’.

14 (5) In many countries, children under the age of

15 15 lack either the legal standing or means to protect

16 themselves from exploitation in the workplace.

17 (6) Bonded child labor is a particularly egre18 gious violation of human rights and constitutes a de

19 facto form of slavery.

20 (7) The South Asian Coalition on Child Ser21 vitude estimates there are over 55,000,000 child labor22 ers in South Asia alone, of which 10,000,000 are

23 bonded child laborers.

24 (8) The employment of children under the age of

25 15 commonly deprives the children of the opportunity
71

HR 2295 EAS

1 for basic education, perpetuates the cycle of poverty,

2 often undermines the stability of families, denies

3 gainful employment to millions of adults, and retards

4 efforts to achieve sustainable economic development in

5 Third World nations.

6 (9) Since the passage of the Fair Labor Stand7 ards Act of 1938, the intent of the Congress has been

8 to assure that the streams of commerce are not defiled

9 by the products of child labor.

10 (10) American consumers do not want to provide

11 a market for goods produced by the sweat and toil of

12 children.

13 (11) Evidence suggests that many products made

14 with child labor are being imported into the United

15 States.

16 (12) September 18, 1993, has been set aside to

17 observe International Day Against Child Servitude.

18 (b) SENSE OF THE SENATE.—It is the sense of the Sen19 ate that—

20 (1) the economic exploitation of children, espe21 cially the practice of bonded child labor should be

22 strongly condemned;

23 (2) it should be the policy of the United States

24 to not allow the importation of products made by
72

HR 2295 EAS

1 children who are employed in industry or mining;

2 and

3 (3) the President should take action to seek an

4 agreement with governments that conduct trade with

5 the United States for the purpose of securing an

6 international ban on trade in products made with

7 child labor.

8 Ω118æPage 65, after line 13, insert:

9 DEFINITION OF APPROPRIATE CONGRESSIONAL

10 COMMITTEES

11 SEC. 594. Section 644 of the Foreign Assistance Act

12 of 1961 (22 U.S.C. 2403) is amended by adding at the end

13 thereof the following:

14 ‘‘(q) ‘Appropriate congressional committees’ means the

15 Committee on Foreign Relations and the Committee on Ap16 propriations of the Senate and the Committee on Foreign

17 Affairs and the Committee on Appropriations of the House

18 of Representatives.’’.

19 Ω119æPage 65, after line 13, insert:

20 WORLD BANK GROUP

21 SEC. 595. (a) IN GENERAL.—The Secretary of the

22 Treasury shall instruct the United States Executive Direc23 tor of the Bank to use the voice and vote of the United States

24 to urge that the World Bank Independent Inspection

25 Panel—
73

HR 2295 EAS

1 (1) provide recommendations for improving the

2 economy, efficiency, and effectiveness of operational

3 programs and administrative functions of members of

4 the World Bank Group, including cost overruns, and

5 salary and travel expenses; and

6 (2) prevent and detect fraud and abuse in pro7 grams and functions of members of the World Bank

8 Group.

9 Beginning on July 1, 1994, and on July 1 of each year

10 thereafter, the Secretary of the Treasury shall submit to the

11 Committees on Appropriations, the Senate Foreign Rela12 tions Committee and the House Banking, Finance and

13 Urban Affairs Committee a report prepared by the Depart14 ment of the Treasury, with the participation of the Treas15 ury Inspector General, including information provided by

16 the World Bank Inspection Panel.

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

18 term ‘‘World Bank Group’’ includes the International Bank

19 for Reconstruction and Development, the International De20 velopment Association, the International Finance Corpora21 tion, and the Multilateral Investment Guarantee Agency.

22 Ω120æPage 65, after line 13, insert:

23 SEC. 596. SENSE OF THE SENATE.—(a) Since—

24 (1) President Yeltsin has consistently tried to

25 push forward economic and political reform;
74

HR 2295 EAS

1 (2) President Yeltsin was given a mandate by

2 the Russian people to hold elections and continue the

3 process of economic reform;

4 (3) Boris Yeltsin is the first and only popularly

5 elected president of Russia, and the parliament of

6 Russia is a holdover from the Soviet regime;

7 (4) the conservative parliament has consistently

8 stymied political and economic progress in Russia;

9 (5) slow progress on economic reform has

10 prompted the IMF to review its disbursement of Rus11 sia’s second tranche from the Systemic Trans12 formation Facility;

13 (6) political and economic reform has been im14 peded by the actions of the hardline parliament;

15 (7) corruption is rampant and is impeding eco16 nomic and political reform and must be vigorously

17 and effectively combated.

18 (b) It is the sense of the Senate that:

19 (1) The Senate supports President Yeltsin in his

20 effort to continue the reform process in Russia, in21 cluding his call for new parliamentary elections con22 sistent with the results of the April 25, 1993 referen23 dum, and

24 (2) Further United States Government economic

25 assistance should be provided in accordance with
75

HR 2295 EAS

1 President Yeltsin’s call for and holding of free, fair,

2 and democratic parliamentary elections.

3 Ω121æPage 66, line 7, strike out all after ‘‘expended’’

4 down to and including ‘‘That’’ in line 13 and insert: : Pro5 vided, That

Attest:

Secretary.
76

HR 2295 EAS

HR 2295 EAS——2

HR 2295 EAS——3

HR 2295 EAS——4

HR 2295 EAS——5

HR 2295 EAS——6