In the Senate of the United States,
September 23 (legislative day, September 7), 1993.
Resolved, That the bill from the House of Representa-
tives (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:
Ω1æPage 2, line 11, strike out ø$55,821,000¿ and insert:
$27,910,500
Ω2æPage 2, line 12, after ‘‘pended’’ insert: : Provided,
That one-half of the funds appropriated by this paragraph
may be obligated only after April 1, 1994: Provided further,
That the remaining one-half of such funds may be obligated
only after September 1, 1994: Provided further, That not
more than twenty-one days prior to the obligation of each
half of such funds, the Secretary submits a certification to
the Committees on Appropriations that the Bank has ap-
proved no loans to Iran since October 1, 1993, or the Presi-
dent of the United States certifies that the obligation of these
funds is in the national interest of the United States
HR 2295 EAS
Ω3æPage 2, line 17, after ‘‘expended’’ insert: : Provided,
That such funds shall be made available to the Facility by
the Secretary of the Treasury if the Secretary determines
(and so reports to the Committees on Appropriations) that
the Facility has: (1) established clear procedures ensuring
public availability of documentary information on all Fa-
cility projects and associated projects of the Facility imple-
menting agencies; (2) established clear procedures ensuring
that affected peoples in recipient countries are consulted on
all aspects of identification, preparation, and implementa-
tion of Facility projects; and (3) the Facility governance
process will provide for contributor country oversight of in-
dividual projects in the work program, and specific provi-
sions will be established for the participation of nongovern-
mental organizations in all phases of the project cycle, in-
cluding identification, appraisal, implementation, and
evaluation: Provided further, That in the event the Sec-
retary of the Treasury has not made such determinations
by September 30, 1994, funds appropriated under this
heading for the GEF shall be transferred to the Agency for
International Development and used for activities associ-
ated with the GEF and the Global Warming Initiative
Ω4æPage 2, line 23, strike out ø$1,804,879,000¿ and in-
sert: $902,439,500
HR 2295 EAS
Ω5æPage 2, line 23, after ‘‘$1,804,879,000’’ insert: : Pro-
vided, further, That none of the funds appropriated under
this heading may be obligated until the International Bank
for Reconstruction and Development has established within
the Bank a position of an independent inspector general
Ω6æPage 3, line 4, strike out ø$1,024,332,000¿ and in-
sert: $957,142,857
Ω7æPage 3, line 6, strike out all after ‘‘expended’’ down
to and including ’’authorization’’ in line 8
Ω8æPage 3, line 8, after ‘‘authorization’’ insert: : Pro-
vided, further, That none of the funds appropriated under
this heading may be obligated until the International Devel-
opment Association has established within the Association
a position of an independent inspector general
Ω9æPage 3, line 12, strike out ø$35,761,500¿ and insert:
$17,880,750
Ω10æPage 4, line 13, strike out ø$75,000,000¿ and in-
sert: $50,000,000
Ω11æPage 4, line 18, strike out ø$13,026,366¿ and in-
sert: $2,000,000
Ω12æPage 5, line 1, strike out all after ‘‘expended’’ down
to and including ‘‘authorization’’ in line 3
HR 2295 EAS
Ω13æPage 5, line 15, strike out ø$132,300,000¿ and in-
sert: $135,000,000
Ω14æPage 5, line 23, strike out ø$339,500,000¿ and in-
sert: $360,628,000
Ω15æPage 6, line 8, after ‘‘Agency’’ insert: : Provided
further, That of the funds appropriated under the heading
not less than $100,000,000 shall be made available for the
United Nations Children’s Fund
Ω16æPage 6, line 8, after ‘‘Agency’’ insert: : Provided
further, That of the funds appropriated under this heading,
not less than $3,000,000 shall be made available for the
World Food Program
Ω17æPage 6, line 8, strike out all after ‘‘Agency’’ down
to and including ‘‘proviso’’ in line 17 and insert: : Provided
further, That none of the funds appropriated under this
heading that are made available to the United Nations Pop-
ulation Fund (UNFPA) shall be made available for activi-
ties in the People’s Republic of China: Provided further,
That if any funds appropriated under this heading are
made available to UNFPA, UNFPA shall be required (1)
to maintain such funds in a separate account and not com-
mingle them with any other funds, and (2) to refund to
the United States an amount equal to any amount that
UNFPA contributes to the People’s Republic of China in
HR 2295 EAS
1994 that is in excess of the amount that UNFPA had
planned to contribute to the People’s Republic of China in
that year
Ω18æPage 7, line 5, after ‘‘$811,900,000’’ insert: , to re-
main available until September 30, 1995
Ω19æPage 7, line 5, after ‘‘$811,900,000’’ insert: : Pro-
vided, That of this amount not less than $10,000,000 shall
be made available for cooperative projects among the United
States, Israel, and developing countries, of which not less
than $5,000,000 shall be made available for the Cooperative
Development Program, not less than $2,500,000 shall be
made available for cooperative development research
projects, and not less than $2,500,000 shall be made avail-
able for cooperative projects among the United States and
Israel and the countries of Eastern Europe, the Baltic
states, and the independent states of the former Soviet
Union
Ω20æPage 7, line 8, after ‘‘$392,000,000’’ insert: , to re-
main available until September 30, 1995
Ω21æPage 8, line 14, after ‘‘Zaire’’ insert: : Provided fur-
ther, That funds appropriated under this heading which are
made available for activities supported by the Southern Af-
rica Development Community shall be made available not-
HR 2295 EAS
withstanding section 512 of this Act and section 620(q) of
the Foreign Assistance Act of 1961
Ω22æPage 9, after line 2, insert:
WOMEN IN DEVELOPMENT
In recognition that the full participation of women in,
and the full contribution of women to, the development proc-
ess are essential to achieving economic growth, a higher
quality of life, and sustainable development in developing
countries, not less than $11,000,000 of the funds appro-
priated by this Act to carry out part I of the Foreign Assist-
ance Act of 1961, in addition to funds otherwise available
for such purposes, shall be used to encourage and promote
the participation and integration of women as equal part-
ners in the development process in developing countries, of
which not less than $6,000,000 shall be made available as
matching funds to support the activities of the Agency for
International Development’s field missions to integrate
women into their programs: Provided, That the Agency for
International Development shall seek to ensure that country
strategies, projects, and programs are designed so that the
percentage of women participants will be demonstrably in-
creased.
Ω23æPage 9, line 7, strike out ø$145,985,000¿ and in-
sert: $48,965,000
HR 2295 EAS
Ω24æPage 9, after line 8, insert:
MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM
ACCOUNT
For the cost of direct loans and loan guarantees,
$2,000,000, as authorized by section 108 of the Foreign As-
sistance Act of 1961, as amended: Provided, That such costs
shall be as defined in section 502 of the Congressional Budg-
et Act of 1974: Provided further, That these funds are avail-
able to subsidize gross obligations for the principal amount
of direct loans and total loan principal, any part of which
is to be guaranteed, not to exceed $50,000,000.
Ω25æPage 9, line 17, strike out ø$501,760,000¿ and in-
sert: $494,080,000
Ω26æPage 9, line 22, strike out ø$39,118,000¿ and in-
sert: $38,518,940
Ω27æPage 9, line 24, after ‘‘Development’’ insert: : Pro-
vided, That except as may be required by an emergency
evacuation affecting the United States diplomatic missions
of which they are a component element, none of the funds
in this Act, or any other Act, may be used to relocate the
overseas Regional Offices of the Inspector General to a loca-
tion within the United States without the express approval
of the Inspector General: Provided further, That the total
number of positions authorized for the Office of Inspector
HR 2295 EAS
General in Washington and overseas shall be not less than
two hundred and fifty-one at September 30, 1994
Ω28æPage 10, line 6, after ‘‘principal’’ insert: and inter-
est
Ω29æPage 10, line 18, after ‘‘Development’’ insert: : Pro-
vided further, That commitments to guarantee loans under
this heading may be entered into notwithstanding the sec-
ond and third sentences of section 222(a) and, with regard
to programs for Eastern Europe, section 223(j) of the For-
eign Assistance Act of 1961
Ω30æPage 11, line 6, strike out ø$2,364,562,000¿ and
insert: $2,280,500,000
Ω31æPage 11, line 7, strike out all after ‘‘1995’’ down
to and including ‘‘years’’ in line 18 and insert: : Provided,
That of the funds appropriated under this heading, not less
than $1,200,000,000 shall be available only for Israel, which
sum shall be available on a grant basis as a cash transfer
and shall be disbursed within thirty days of enactment of
this Act or by October 31, 1993, whichever is later: Provided
further, That not less than $815,000,000 shall be available
only for Egypt, which sum shall be provided on a grant
basis, and of which sum cash transfer assistance may be
provided, with the understanding that Egypt will undertake
significant economic reforms which are additional to those
HR 2295 EAS
cumstances the board of directors of the Foundation may
waive the dollar limitation contained in that section with
respect to a project: Provided further, That the Foundation
shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised
Ω38æPage 15, line 19, strike out ø$30,340,000¿ and in-
sert: $30,960,000
Ω39æPage 17, line 11, after ‘‘$100,000,000’’ insert: :
Provided, That during fiscal year 1994, the Bureau of
International Narcotics Matters of the Department of State
may also use the authority of section 608 of the Foreign
Assistance Act of 1961, without regard to its restrictions,
to receive non-lethal excess property from an agency of the
United States Government for the purpose of providing it
to a foreign country under chapter 8 of part I of that Act
subject to the regular notification procedures of the Commit-
tees on Appropriations
Ω40æPage 17, line 24, after ‘‘$670,688,000’’ insert: :
Provided, That not less than $80,000,000 shall be available
for Soviet, Eastern European and other refugees resettling
in Israel
Ω41æPage 18, line 8, strike out ø$19,261,000¿ and in-
sert: $49,261,000
HR 2295 EAS
Ω42æPage 19, line 13, strike out ø$3,175,000,000¿ and
insert: $3,123,558,000
Ω43æPage 
19, 
line 
13, 
strike 
out 
all 
after
‘‘$3,175,000,000’’ down to and including ‘‘grants’’ in line
19 and insert: : Provided, That of the funds appropriated
by this paragraph not less than $1,800,000,000 shall be
available for grants only for Israel, and not less than
$1,300,000,000 shall be available for grants only for Egypt:
Provided further, That the funds appropriated by this para-
graph for Israel shall be disbursed within thirty days of
enactment of this Act or by October 31, 1993, whichever
is later: Provided further, That to the extent that the Gov-
ernment of Israel requests that funds be used for such pur-
poses, grants made available for Israel by this paragraph
shall, as agreed by Israel and the United States, be avail-
able for advanced fighter aircraft programs or for other ad-
vanced weapons systems, as follows: (1) up to $150,000,000
shall be available for research and development in the Unit-
ed States; and (2) not less than $475,000,000 shall be avail-
able for the procurement in Israel of defense articles and
defense services, including research and development
Ω44æPage 19, line 22, after ‘‘Act’’ insert: : Provided fur-
ther, That none of the funds herein shall be obligated for
the Foreign Military Financing Program for Egypt until
the Secretary of State certifies to Congress that all United
HR 2295 EAS
States citizens being detained in Egypt are receiving or
have received fair trials and due process. The President
may waive this provision if he determines it is in the na-
tional interest and so advises Congress
Ω45æPage 20, line 6, strike out all after ‘‘maturities’’
down to and including ‘‘ratio’’ in line 11 and insert: : Pro-
vided further, That funds appropriated under this heading
shall be made available for Greece, Portugal, and Turkey
only on a loan basis, and the principal amount of direct
loans for each country shall not exceed the following;
$283,500,000 only for Greece, $81,000,000 only for Por-
tugal, and $405,000,000 only for Turkey
Ω46æPage 21, line 18, after ‘‘Act’’ insert: : Provided fur-
ther, That, subject to the regular notification procedures of
the Committees on Appropriations, funds made available
under this heading for the cost of direct loans may also be
used to supplement the funds available under this heading
for necessary expenses for grants if countries specified under
this heading as eligible for such direct loans decline to uti-
lize such loans
Ω47æPage 22, line 24, after ‘‘receipts’’ insert: : Provided,
That notwithstanding any provision of Public Law 102–
391, not to exceed $160,000,000 of the obligational author-
ity provided in that Act under the heading ‘‘Special Defense
HR 2295 EAS
Acquisition Fund’’ may be obligated pursuant to section
51(c)(2) of the Arms Export Control Act
Ω48æPage 23, line 4, strike out ø$75,623,000¿ and in-
sert: $62,500,000
Ω49æPage 24, line 19, strike out ø$700,000,000¿ and
insert: $1,000,000,000
Ω50æPage 24, line 19, after ‘‘$700,000,000’’ insert: to
remain available until September 30, 1995
Ω51æPage 24, line 24, strike out øfiscal year 1994¿ and
insert: fiscal years 1994 and 1995
Ω52æPage 30, line 25, strike out øchapter 1¿ and insert:
chapters 1 and 8
Ω53æPage 35, lines 9 and 10, strike out ø‘‘American
schools and hospitals abroad’’,¿
Ω54æPage 35, line 11, after ‘‘control’’,’’ insert: ‘‘Assist-
ance for Eastern Europe and the Baltic States’’, ‘‘Assist-
ance for the New Independent States of the Former Soviet
Union’’,
Ω55æPage 38, after line 14, insert:
(c) Subsection (a) shall cease to have effect during fis-
cal year 1994 with respect to the Palestine Liberation Orga-
nization (P.L.O.), programs for the P.L.O., and programs
HR 2295 EAS
for the benefit of entities associated with it which accept
the commitments made by the P.L.O. on September 9, 1993
if the President determines and notifies Congress that to
do so is in the national interest: Provided, That subsection
(a) shall resume full force and effect if at any time during
fiscal 1994 the President determines and so notifies Con-
gress that the P.L.O. has ceased to comply with the commit-
ments it made on September 9, 1993, or the Congress, by
joint resolution, determines that the P.L.O. has ceased to
comply with the commitments it made on September 9,
1993.
Ω56æPage 40, line 15, after ‘‘Cambodia,’’ insert: Colom-
bia,
Ω57æPage 40, line 17, after ‘‘Malawi,’’ insert: Nicaragua,
Ω58æPage 40, line 19, after ‘‘Appropriations’’ insert: :
Provided, That this section shall not apply to funds appro-
priated by this Act to carry out the provisions of chapter
1 of part I of the Foreign Assistance Act of 1961 that are
made available for El Salvador and Nicaragua
Ω59æPage 42, line 23, after ‘‘States’’ insert: and that
with respect to Syria, the President certifies to Congress
that Syria does not deny its citizens or any segment of its
citizens the right or opportunity to emigrate
HR 2295 EAS
Ω60æPage 43, line 20, strike out øTitle I through V¿
and insert: titles I through IV
Ω61æPage 43, line 21, strike out øsubject to¿ and insert:
notwithstanding
Ω62æPage 43, lines 22 and 23, strike out øand section
15 of the State Department Basic Authorities Act of
1956¿
Ω63æPage 43, line 23, after ‘‘1956’’ insert: : Provided,
That the Secretary of the Treasury is authorized to agree
on behalf of the United States to participate in the tenth
replenishment of the resources of the International Develop-
ment Association, the fifth replenishment of the Asian De-
velopment Fund, and the replenishment of the permanent
Global Environment Facility, subject to obtaining the nec-
essary appropriations
Ω64æPage 44, line 17, strike out øto vote against¿ and
insert: designated in subsection (b), and the Administrator
of the Agency for International Development shall instruct
the United States Executive Director of the International
Fund for Agriculture Development, to use the voice and vote
of the United States to oppose
Ω65æPage 48, line 24, after ‘‘prior’’ insert: or subsequent
HR 2295 EAS
Ω66æPage 49, line 12, after ‘‘1994’’ insert: , and up to
$72,000,000 may be made available for stockpiles in the Re-
public of Korea
Ω67æPage 49, line 12, after ‘‘1994’’ insert: and
$20,000,000 may be available for stockpiles in Thailand
Ω68æPage 58, strike out lines 15 to 20 and insert:
RESCISSIONS
SEC. 545. (a) Of the unexpended balances of funds (in-
cluding earmarked funds) made available for fiscal years
1987 through 1993 to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961,
$250,000,000 are rescinded.
(b) Of the unexpended balances of funds (including
earmarked funds) appropriated for fiscal year 1993 and
prior fiscal years to carry out the provisions of sections 103
through 106 of the Foreign Assistance Act of 1961,
$5,100,000 are rescinded.
Ω69æPage 62, after line 4, insert:
(e) If the President determines that doing so will con-
tribute to a just resolution of charges regarding genocide
or other violations of international law in the former Yugo-
slavia, the authority of section 552(c) of the Foreign Assist-
ance Act of 1961, as amended, may be used to provide up
to $25,000,000 of commodities and services to the United
HR 2295 EAS
Nations War Crimes Tribunal, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided,
That the determination required under this subsection shall
be in lieu of any determinations otherwise required under
section 552(c).
Ω70æPage 62, after line 4, insert:
(f) Of the funds appropriated by this Act (including
title VI of this Act), not less than $3,000,000 shall be made
available for the United Nations War Crimes Tribunal, not-
withstanding any other provision of law.
Ω71æPage 63, after line 5 insert:
(c) During fiscal year 1994, the President may use up
to $50,000,000 under the authority of section 451 of the
Foreign Assistance Act of 1961, notwithstanding the fund-
ing ceiling contained in subsection (a) of that section.
Ω72æPage 63, after line 5 insert:
(d) Of the funds appropriated by this Act to carry out
chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 that are made available for assist-
ance for Afghanistan and Lebanon, no more than 50 per-
cent of the assistance provided to each country may be from
funds appropriated by this Act to carry out chapter 1 of
part I of the Foreign Assistance Act of 1961.
Ω73æPage 65, after line 13, insert:
HR 2295 EAS
ANTI-NARCOTICS ACTIVITIES
SEC. 551. (a) Of the funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’, assistance
may be provided as follows:
(1) To strengthen the administration of justice
in countries in Latin America and the Caribbean in
accordance with the provisions of section 534 of the
Foreign Assistance Act of 1961, except that programs
to enhance protection of participants in judicial cases
may be conducted notwithstanding section 660 of that
Act.
(2) Notwithstanding section 660 of the Foreign
Assistance Act of 1961, up to $10,000,000 may be
made available for technical assistance, training, and
commodities with the objective of creating a profes-
sional civilian police force for Panama, and for pro-
grams to improve penal institutions and the rehabili-
tation of offenders in Panama (which programs may
be conducted other than through multilateral or re-
gional institutions), except that such technical assist-
ance shall not include more than $5,000,000 for the
procurement of equipment for law enforcement pur-
poses, and shall not include lethal equipment.
(b) Funds made available pursuant to this section may
be made available notwithstanding the third sentence of sec-
HR 2295 EAS
tion 534(e) of the Foreign Assistance Act of 1961. Funds
made available pursuant to subsection (a)(1) for Bolivia,
Colombia and Peru and subsection (a)(2) may be made
available notwithstanding section 534(c) and the second
sentence of section 534(e) of the Foreign Assistance Act of
1961.
Ω74æPage 65, after line 13, insert:
ELIGIBILITY FOR ASSISTANCE
SEC. 552. (a) ASSISTANCE THROUGH NON-GOVERN-
MENTAL ORGANIZATIONS.—Restrictions contained in this
or any other Act with respect to assistance for a country
shall not be construed to restrict assistance in support of
programs of nongovernmental organizations from funds ap-
propriated by this Act to carry out the provisions of chap-
ters 1 and 10 of part I of the Foreign Assistance Act of
1961: Provided, That the President shall take into consider-
ation, in any case in which a restriction on assistance
would be applicable but for this subsection, whether assist-
ance in support of programs of nongovernmental organiza-
tions is in the national interest of the United States: Pro-
vided further, That before using the authority of this sub-
section to furnish assistance in support of programs of non-
governmental organizations, the President shall notify the
Committees on Appropriations under the regular notifica-
tion procedures of those committees, including a description
HR 2295 EAS
of the program to be assisted, the assistance to be provided,
and the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other
Act.
(b) PUBLIC LAW 480.—During fiscal year 1994, re-
strictions contained in this or any other Act with respect
to assistance for a country shall not be construed to restrict
assistance under titles I and II of the Agricultural Trade
Development and Assistance Act of 1954: Provided, That
none of the funds appropriated to carry out title I of such
Act and made available pursuant to this subsection may
be obligated or expended except as provided through the reg-
ular notification procedures of the Committees on Appro-
priations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 529 of this Act or any
comparable provision of law prohibiting assistance to
countries that support international terrorism; or
(2) with respect to section 116 of the Foreign As-
sistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that violate
internationally recognized human rights.
Ω75æPage 65, after line 13, insert:
HR 2295 EAS
EARMARKS
SEC. 553. (a) Funds appropriated by this Act which
are earmarked may be reprogrammed for other programs
within the same account notwithstanding the earmark if
compliance with the earmark is made impossible by oper-
ation of any provision of this or any other Act or, with
respect to a country with which the United States has an
agreement providing the United States with base rights or
base access in that country, if the President determines that
the recipient for which funds are earmarked has signifi-
cantly reduced its military or economic cooperation with
the United States since enactment of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1991; however, before exercising the authority
of this subsection with regard to a base rights or base access
country which has significantly reduced its military or eco-
nomic cooperation with the United States, the President
shall consult with, and shall provide a written policy jus-
tification to the Committees on Appropriations: Provided,
That any such reprogramming shall be subject to the regu-
lar notification procedures of the Committees on Appropria-
tions: Provided further, That assistance that is repro-
grammed pursuant to this subsection shall be made avail-
able under the same terms and conditions as originally pro-
vided.
HR 2295 EAS
(b) In addition to the authority contained in sub-
section (a), the original period of availability of funds ap-
propriated by this Act and administered by the Agency for
International Development that are earmarked for particu-
lar programs or activities by this or any other Act shall
be extended for an additional fiscal year if the Adminis-
trator of such agency determines and reports promptly to
the Committees on Appropriations that the termination of
assistance to a country or a significant change in cir-
cumstances makes it unlikely that such earmarked funds
can be obligated during the original period of availability:
Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated
only for the purpose of such earmark.
Ω76æPage 65, after line 13, insert:
CEILINGS AND EARMARKS
SEC. 554. Ceilings and earmarks contained in this Act
shall not be applicable to funds or authorities appropriated
or otherwise made available by any subsequent Act unless
such Act specifically so directs.
Ω77æPage 65, after line 13, insert:
EXCESS DEFENSE ARTICLES
SEC. 555. The authority of section 519 of the Foreign
Assistance Act of 1961, as amended, may be used in fiscal
year 1994 to provide nonlethal excess defense articles to
HR 2295 EAS
countries for which receipt of such articles was separately
justified for the fiscal year, without regard to the restric-
tions in subsection (a) of that section.
Ω78æPage 65, after line 13, insert:
TERMINATION
SEC. 556. For the purpose of making an equitable set-
tlement of termination claims under extraordinary contrac-
tual relief standards, the President may adopt as a contract
or other obligation of the United States Government, and
assume (in whole or in part) any liabilities arising there-
under, any contract with a United States or third-country
contractor that had been funded with assistance under this
Act prior to the termination of assistance.
Ω79æPage 65, after line 13, insert:
REAL PROPERTY MANAGEMENT
SEC. 557. Any funds remaining in the Acquisition of
Property Revolving Fund administered by the Agency for
International Development may be transferred to, and con-
solidated and merged with, funds in the Property Manage-
ment Fund established pursuant to section 585 of the For-
eign Operations, Export Financing, and Related Programs
Appropriations Act, 1991 (Public Law 101–513).
Ω80æPage 65, after line 13, insert:
HR 2295 EAS
SEC. 558. UNITED STATES ASSISTANCE FOR THE TRANSI-
TION 
TO 
A 
NONRACIAL 
DEMOCRACY 
IN
SOUTH AFRICA.
(a) REPEAL.—Sections 116(e)(2), 116(f), and 116(g),
section 117 (as added by the Comprehensive Anti-Apartheid
Act of 1986), and section 535 of the Foreign Assistance Act
of 1961 are repealed. Section 116(e)(1) of that Act is
amended by striking ‘‘(1)’’.
(b) IN GENERAL.—The President is authorized and en-
couraged to provide assistance under chapter 10 of part I
of the Foreign Assistance Act of 1961 (relating to the Devel-
opment Fund for Africa) or chapter 4 of part II of that
Act (relating to the Economic Support Fund) to support
the transition to nonracial democracy in South Africa.
Such assistance shall—
(1) focus on building the capacity of disadvan-
taged South Africans to take their rightful place in
the political, social, and economic systems of their
country;
(2) give priority to working with and through
South African nongovernmental organizations whose
leadership and staff represent the majority population
and which have the support of the disadvantaged
communities being served by such organizations;
(3) in the case of education programs—
HR 2295 EAS
(A) be used to increase the capacity of
South African institutions to better serve the
needs of individuals disadvantaged by apartheid;
(B) emphasize education within South Afri-
ca to the extent that assistance takes the form of
scholarships for disadvantaged South African
students; and
(C) fund nontraditional training activities;
(4) support activities to prepare South Africa for
elections, including voter and civic education pro-
grams, political party building, and technical elec-
toral assistance;
(5) support activities and entities, such as the
Peace Accord structures; and
(6) support activities to promote human rights,
democratization, and a civil society.
(c) GOVERNMENT OF SOUTH AFRICA.—
(1) LIMITATION ON ASSISTANCE.—Except as pro-
vided in paragraph (2), assistance provided in ac-
cordance with this section may not be made available
to the Government of South Africa, or organizations
financed and substantially controlled by that govern-
ment, unless the President certifies to the Congress
that an interim government that was elected on a
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nonracial basis through free and fair elections has
taken office in South Africa.
(2) EXCEPTIONS.—Paragraph (1) does not apply
to assistance for—
(A) higher education institutions, particu-
larly those traditionally disadvantaged by apart-
heid policies, or
(B) any other organization, entity, or activ-
ity if the President determines that the assist-
ance would promote the transition to nonracial
democracy in South Africa.
Any determination under subparagraph (B) shall be
based on consultations with South African individ-
uals and organizations representative of the majority
population in South Africa (particularly consulta-
tions through the Transitional Executive Council)
and consultations with the appropriate congressional
committees.
Ω81æPage 65, after line 13, insert:
PROHIBITION AGAINST PAY TO FOREIGN ARMED SERVICE
MEMBER
SEC. 559. None of the funds appropriated in this Act
nor any of the counterpart funds generated as a result of
assistance hereunder or any prior Act shall be used to pay
pensions, annuities, or retirement pay for any person here-
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tofore or hereafter serving in the armed forces of any recipi-
ent country.
Ω82æPage 65, after line 13, insert:
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 560. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not authorized before the date of
enactment of this Act by the Congress.
Ω83æPage 65, after line 13, insert:
DISADVANTAGED ENTERPRISES
SEC. 561. (a) Except to the extent that the Adminis-
trator of the Agency for International Development of the
Foreign Assistance Act of 1961 determines otherwise, not
less than 10 percent of the aggregate amount made available
for the current fiscal year for the ‘‘Development Assistance
Fund’’, ‘‘Population, Development Assistance’’, and the
‘‘Development Fund for Africa’’ shall be made available
only for activities of United States organizations and indi-
viduals that are—
(1) business concerns owned and controlled by
socially and economically disadvantaged individuals,
(2) historically black colleges and universities,
(3) colleges and universities having a student
body in which more than 40 per centum of the stu-
dents are Hispanic American, and
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(4) private voluntary organizations which are
controlled by individuals who are socially and eco-
nomically disadvantaged.
(b)(1) In addition to other actions taken to carry out
this section, the actions described in paragraphs (2) through
(5) shall be taken with respect to development assistance
and assistance for sub-Saharan Africa for the current fiscal
year.
(2) Notwithstanding any other provision of law, in
order to achieve the goals of this section, the Adminis-
trator—
(A) to the maximum extent practicable, shall uti-
lize the authority of section 8(a) of the Small Busi-
ness Act (15 U.S.C. 637(a));
(B) to the maximum extent practicable, shall
enter into contracts with small business concerns
owned and controlled by socially and economically
disadvantaged individuals, and organizations con-
tained in paragraphs (2) through (4) of subsection
(a)—
(i) using less than full and open competitive
procedures under such terms and conditions as
the Administrator deems appropriate, and
(ii) using an administrative system for jus-
tifications and approvals that, in the Adminis-
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trator’s discretion, may best achieve the purpose
of this section; and
(C) shall issue regulations to require that any
contract in excess of $500,000 contain a provision re-
quiring that no less than 10 per centum of the dollar
value of the contract be subcontracted to entities de-
scribed in subsection (a), except—
(i) to the extent the Administrator deter-
mines otherwise on a case-by-case or category-of-
contract basis; and
(ii) this subparagraph does not apply to
any prime contractor that is an entity described
in subsection (a).
(3) Each person with contracting authority who is at-
tached to the Agency’s headquarters in Washington, as well
as all Agency missions and regional offices, shall notify the
Agency’s Office of Small and Disadvantaged Business Utili-
zation at least seven business days before advertising a con-
tract in excess of $100,000, except to the extent that the
Administrator determines otherwise on a case-by-case or
category-of-contract basis.
(4) The Administrator shall include, as part of the per-
formance evaluation of any mission director of the agency,
the mission director’s efforts to carry out this section.
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(5) The Administrator shall submit to the Congress an-
nual reports on the implementation of this section. Each
such report shall specify the number and dollar value or
amount (as the case may be) of prime contracts, sub-
contracts, grants, and cooperative agreements awarded to
entities described in subsection (a) during the preceding fis-
cal year.
(c) As used in this section, the term ‘‘socially and eco-
nomically disadvantaged individuals’’ has the same mean-
ing that term is given for purposes of section 8(d) of the
Small Business Act, except that the term includes women.
Ω84æPage 65, after line 13, insert:
HUMAN RIGHTS REPORT
SEC. 562. (a) Section 511(b) of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1993 (Public Law 102–391) is amended to
read as follows:
‘‘(b) HUMAN RIGHTS REPORT.—The Secretary of
State shall also transmit the report required by section
116(d) of the Foreign Assistance Act of 1961 to the Commit-
tees on Appropriations each year by the date specified in
that section: Provided, That each such report submitted
pursuant to such section shall include (1) a review of each
country’s commitment to children’s rights and welfare; (2)
a description of the extent to which indigenous people are
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able to participate in decisions affecting their lands, cul-
tures, traditions and the allocation of natural resources,
and assess the extent of protection of their civil and political
rights; and (3) an examination of discrimination toward
people with disabilities: Provided further, That a separate
report, which shall be entitled ‘Annual Report on Military
Expenditures’, shall be submitted (at the same time as the
report required by section 116(d)) which shall contain a
description of the military expenditures of each country and
the efforts it is making to reduce those expenditures, and
should include for each country—
‘‘(1) an updated estimate of current military
spending and a description of trends in spending in
real terms, using methodology such as that developed
by the Arms Control and Disarmament Agency;
‘‘(2) an updated estimate of current spending on
health care and education;
‘‘(3) a description of the size and political role
of the armed forces, including an assessment of the
ability of civilian authorities to appoint and remove
military officers;
‘‘(4) an assessment of the feasibility of substan-
tially reducing military spending;
‘‘(5) a description of efforts by each country and
the United States to encourage such reductions, in-
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cluding collaborative efforts with other donors and
arms suppliers; and
‘‘(6) a description of the country’s efforts to make
such reductions, including its willingness to provide
accurate military spending data to relevant inter-
national organizations and accurate data to the
United Nations Register of Conventional Arms, and
to participate in regional talks aimed at reducing
military spending.’’.
(b) The United States shall, in accordance with its
international obligations as set forth in the Charter of the
United Nations and in keeping with the constitutional her-
itage and traditions of the United States, promote and en-
courage increased respect for human rights and fundamen-
tal freedoms throughout the world without distinction as to
race, sex, language, disability, or religion.
Ω85æPage 65, after line 13, insert:
USE OF AMERICAN RESOURCES
SEC. 563. To the maximum extent possible, assistance
provided under this Act and title VI should make full use
of American resources, including commodities, products,
and services.
Ω86æPage 65, after line 13, insert:
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INTERNATIONAL FUND FOR IRELAND
SEC. 564. Of the funds appropriated under the heading
‘‘Development Assistance Fund,’’ up to $19,600,000 may be
made available until expended for the United States con-
tribution to the International Fund for Ireland, in accord-
ance with the Anglo-Irish Agreement Support Act of 1986
(Public Law 99–415), and such amount shall be expended
at the minimum rate necessary to make timely payment
for projects and activities.
Ω87æPage 65, after line 13, insert:
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE
FORMER SOVIET UNION
SEC. 565. (a) Funds appropriated by this Act under
the heading ‘‘Assistance for the New Independent States of
the Former Soviet Union’’, and funds appropriated by the
Supplemental Appropriations for the New Independent
States of the Former Soviet Union Act, 1993, shall be avail-
able for economic assistance and for related programs as
follows:
(1) $895,000,000 shall be provided for the pur-
pose of private sector development including through
the support of bilateral and multilateral enterprise
funds, technical assistance and training, agribusiness
programs and agricultural credit, financing and tech-
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nical assistance for small and medium private enter-
prises, and privatization efforts.
(2) $125,000,000 shall be provided for the pur-
pose of a special privatization and restructuring
fund: Provided, That the United States contribution
for such fund shall not exceed one-quarter of the ag-
gregate amount being made available for such fund by
all countries.
(3) $185,000,000 shall be provided for the pur-
pose of enhancing trade with and investment in the
new independent states of the former Soviet Union,
including through energy and environment commod-
ity import assistance, costs of loans and loan guaran-
tees and the provision of trade and investment tech-
nical assistance.
(4) $295,000,000 shall be provided for the pur-
pose of enhancing democratic initiatives, including
through the support of a comprehensive program of
exchanges and training, assistance designed to foster
the rule of law, and encouragement of independent
media.
(5) $190,000,000 shall be provided for the pur-
pose of supporting troop withdrawal, including
through the support of an officer resettlement pro-
gram, and technical assistance for the housing sector.
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(6) $285,000,000 shall be provided for the pur-
pose of supporting the energy and environment sec-
tors, including such programs as nuclear reactor safe-
ty, and technical assistance to foster the efficiency
and privatization of the energy sector and making
that sector more environmentally responsible, of which
amount not less than $4,000,000 shall be provided for
the purpose of establishing, through an international
academic consortium of research universities, a coop-
erative data retrieval, computer based storage, and
electronic networking system between Russia, the
United States, and Canada. The consortium will be
formed for the identification, retrieval, preservation,
and analysis of existing scientific environmental data
stored in Russia, including data on northern region
contamination, key environmental parameters related
to contaminant transport processes (ice, wind, water,
and biota), North Pacific and Bering Sea fisheries,
marine mammals and sea birds, and northern human
ecology.
(7) $239,000,000 shall be provided for humani-
tarian assistance purposes, including to provide vac-
cines and medicines for vulnerable populations, to as-
sist in the establishment of a sustainable pharma-
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ceutical industry, to provide food assistance, and to
meet other urgent humanitarian needs.
(b) Funds allocated for any of the paragraphs under
subsection (a) of this section may be reallocated for the pur-
poses of any other such paragraph, or may be reallocated
for other economic assistance and related programs in fur-
therance of the objectives of the FREEDOM Support Act,
if at least 15 days prior to such reallocation, the Commit-
tees on Appropriations are notified in accordance with reg-
ular notification procedures.
(c) Funds made available in this Act for assistance
to the New Independent States of the former Soviet Union
shall be provided to the maximum extent feasible through
the private sector, including private voluntary organiza-
tions and nongovernmental organizations functioning in
the New Independent States.
(d) Of the funds appropriated by titles II and VI of
this Act under the headings ‘‘Assistance for the New Inde-
pendent States of the Former Soviet Union’’ and ‘‘Oper-
ations and Maintenance, Defense Agencies’’, and title IV,
not less than $300,000,000 shall be made available for
Ukraine.
(e) None of the funds appropriated by this or any other
Act, shall be transferred to the Government of Russia—
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(1) unless that Government is making substan-
tial progress in implementing comprehensive eco-
nomic reforms based on market principles, private
ownership, repayment of commercial debt, respect for
commercial contracts, and elimination of arbitrary or
discriminatory taxes adverse to foreign private invest-
ment; and
(2) if that Government applies or transfers Unit-
ed States assistance to any entity for the purpose of
expropriating or seizing ownership or control of as-
sets, investments, or ventures in violation of an exist-
ing contract with a United States private enterprise.
Ω88æPage 65, after line 13, insert:
(f) Notwithstanding subsection (b), of the funds made
available under subsection (a), not less than $40,000,000
shall remain available until expended to establish and oper-
ate a Russian Far East enterprise fund. The fund shall be
administered through the Agency for International Develop-
ment to provide technical assistance, promote business de-
velopment, and support economic reform in the Russian
Far East.
Ω89æPage 65, after line 13, insert:
(g) None of the funds appropriated by this or any other
Act, shall be made available to any government of the New
Independent States—
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(1) if that government directs any action in vio-
lation of the territorial integrity or national sov-
ereignty of any other New Independent State, such as
those violations included in Principle Six of the Hel-
sinki Final Act;
(2) beginning 30 days after enactment of this
Act, and every April 1, and September 1, thereafter,
the Secretary of State shall report to the Committee
on Appropriations of each House of Congress on steps
taken by the governments of the New Independent
States to achieve compliance with subsection (1). In
preparing the report the Secretary shall consult with
the United States Representative to the Conference on
Security and Cooperation in Europe and the Assist-
ant Secretary for Human Rights.
(h) None of the funds appropriated by this or any other
Act for the New Independent States of the former Soviet
Union shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization or non-proliferation programs, or
programs conducted under section 565(a)(5) of this Act.
(i) It is the sense of the Senate that at least one-third
of the funds made available by this Act for the New Inde-
pendent States of the former Soviet Union shall be provided
to countries other than Russia.
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Ω90æPage 65, after line 13, insert:
ANDEAN NARCOTICS INITIATIVE
SEC. 566. None of the funds appropriated by this Act
under the headings ‘‘Economic Support Fund’’ and ‘‘For-
eign Military Financing Program’’ may be made available
for the Andean Narcotics Initiative until the Secretary of
State consults with, and provides a new Andean counter-
narcotics strategy (including budget estimates) to, the Com-
mittees on Appropriations.
Ω91æPage 65, after line 13, insert:
LIMITATIONS ON ASSISTANCE FOR NICARAGUA
SEC. 567. (a) None of the funds appropriated by this
Act under the heading ‘‘Economic Support Fund’’ may be
made available to the Government of Nicaragua until the
Secretary of State determines and reports in writing to the
appropriate committees that—
(1) there has been a full and independent inves-
tigation conducted relating to issues raised by the dis-
covery, after the May 23 explosion in Managua, of
weapons caches, false passports, identity papers and
other documents, suggesting the existence of a terror-
ist/kidnapping ring; and
(2) any individuals identified by the investiga-
tion cited in paragraph (1) as being part of such
ring, including all government officials (including
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any members of the armed forces or security forces)
are being prosecuted.
(b) In addition to subsection (a), funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’
may only be made available to the Government of Nica-
ragua upon the notification, in writing, by the Secretary
of State to the appropriate committees that he has deter-
mined that significant and tangible progress is being made
by the Government of Nicaragua toward—
(1) the resolution of expropriation claims and
the effective compensation of legitimate claims;
(2) the timely implementation of recommenda-
tions made by the Tripartite Commission as it under-
takes to review and identify those responsible for gross
human rights violations, including the expeditious
prosecution of individuals identified by the commis-
sion in connection with such violations;
(3) the enactment into law of legislation to re-
form the Nicaraguan military and security forces in
order to guarantee civilian control over the armed
forces;
(4) the establishment of civilian control over the
police, and the independence of the police from the
military; and
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(5) the effective reform of the Nicaraguan judi-
cial system.
(c) The notification pursuant to subsection (b) shall
include a detailed listing of the tangible evidence that forms
the basis for such determination.
(d) For purposes of this section, the term ‘‘appropriate
committees’’ means the Committees on Foreign Relations
and Appropriations of the Senate and the Committees on
Foreign Affairs and Appropriations of the House of Rep-
resentatives.
Ω92æPage 65, after line 13, insert:
LIMITATIONS ON ASSISTANCE FOR HAITI
SEC. 568. (a) Notwithstanding any provision of this
or any other Act, none of the funds appropriated by this
Act may be obligated or expended for the purpose of mili-
tary-related civic action programs, police training, or mili-
tary training for Haiti—
(1) prior to October 30, 1993, unless such pro-
grams or training constitutes an integral part of a
United Nations-sponsored, multilateral initiative in
furtherance of the implementation of the Governor’s
Island Accords, signed on July 3, 1993; and
(2) on or after October 30, 1993, in order to
strengthen civilian control over the military and to
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establish an independent civilian police force, without
the concurrence of the duly-elected President of Haiti.
(b) Notwithstanding any provision of this or any other
Act, none of the funds appropriated by this Act may be
used to provide military assistance or military training to
any member of the Haitian Armed Forces who the Sec-
retary of State knows or has reason to believe, based on
all credible information available to him—
(1) is or has been an illicit trafficker in any
narcotic or psychotropic drug or other controlled sub-
stance, or is or has been a knowing assistor, abettor,
conspirator, or colluder with others in the illicit traf-
ficking in any such substance; or
(2) is or has participated in gross violations of
internationally recognized human rights.
Ω93æPage 65, after line 13, insert:
AGRICULTURAL AID TO THE NEW INDEPENDENT STATES OF
THE FORMER SOVIET UNION
SEC. 569. Of the funds appropriated by titles II and
VI of this Act under the headings ‘‘Assistance for the New
Independent States of the Former Soviet Union’’ and ‘‘Op-
erations and Maintenance, Defense Agencies’’, $50,000,000
shall be made available only for provision of United States
agricultural commodities to address the food and nutrition
needs of the people of the new independent states of the
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former Soviet Union: Provided, That in providing assist-
ance under this section, primary emphasis shall be given
to meeting the food and nutrition needs of children and
pregnant and post-partum women: Provided further, That
funds made available for the purposes of this section may
be used for transportation of United States agricultural
commodities provided under this section: Provided further,
That the President may enter into agreements with the gov-
ernments of the new independent states and nongovern-
mental organizations to provide for the sale of any part
of the United States agricultural commodities in the new
independent states for local currencies: Provided further,
That any such local currencies shall be used in the new
independent states to process, transport, store, distribute or
otherwise enhance the effectiveness of the use of United
States agricultural commodities provided under this sec-
tion, and to support agricultural and rural development ac-
tivities.
Ω94æPage 65, after line 13, insert:
HUMANITARIAN ASSISTANCE FOR ARMENIA
SEC. 570. Of the funds appropriated by titles II and
VI of this Act (1) to carry out the provisions of chapter
1 of part I and chapter 4 of part II of the Foreign Assist-
ance Act of 1961, and (2) under the headings ‘‘Assistance
for the New Independent States of the Former Soviet
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Union’’ and ‘‘Operations and Maintenance, Defense Agen-
cies’’, not less than $18,000,000 shall be made available,
notwithstanding any other provision of law, for urgent hu-
manitarian assistance for Armenia.
Ω95æPage 65, after line 13, insert:
HUMANITARIAN AND REFUGEE ASSISTANCE IN CROATIA,
SLOVENIA, BOSNIA, AND KOSOVA
SEC. 571. (a) Of the funds appropriated by this Act
under the heading ‘‘Migration and Refugee Assistance’’, not
less than $35,000,000 shall be made available to assist refu-
gees in Croatia, Slovenia, and Bosnia.
(b) Of the funds appropriated by title II of this Act,
not less than $30,000,000 shall be made available, notwith-
standing any provision of law, for humanitarian assistance
for Bosnia, Croatia, and Kosova, of which not less than
$10,000,000 should be for Kosova: Provided, That such as-
sistance shall be provided through private and voluntary
organizations and shall include health care assistance (with
emphasis on maternal health care), and assistance for dis-
placed children and victims of war, including victims of
rape and torture.
Ω96æPage 65, after line 13, insert:
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 572. None of the funds appropriated or made
available pursuant to this Act for carrying out the Foreign
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Assistance Act of 1961, may be used to pay in whole or
in part any assessments, arrearages, or dues of any member
of the United Nations.
Ω97æPage 65, after line 13, insert:
CONSULTING SERVICES
SEC. 573. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to section 3109 of title 5, United States
Code, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order pursuant to existing
law.
Ω98æPage 65, after line 13, insert:
PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION
SEC. 574. None of the funds appropriated or made
available pursuant to this Act shall be available to a private
voluntary organization which fails to provide upon timely
request any document, file, or record necessary to the audit-
ing requirements of the Agency for International Develop-
ment, nor shall any of the funds appropriated by this Act
be made available to any private voluntary organization
which is not registered with the Agency for International
Development.
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Ω99æPage 65, after line 13, insert:
CHEMICAL WEAPONS PROLIFERATION
SEC. 575. None of the funds appropriated by this Act
may be used to finance the procurement of chemicals, dual
use chemicals, or chemical agents that may be used for
chemical weapons production: Provided, That the provi-
sions of this section shall not apply to any such procure-
ment if the President determines that such chemicals, dual
use chemicals, or chemical agents are not intended to be
used by the recipient for chemical weapons production.
Ω100æPage 65, after line 13, insert:
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 576. The Foreign Assistance Act of 1961 is
amended by inserting at the end of part I the following
new chapter:
‘‘CHAPTER 12—SPECIAL DEBT REDUCTION
AUTHORITY
‘‘SEC. 499. SPECIAL DEBT REDUCTION AUTHORITY.
‘‘(a) AUTHORITY TO REDUCE DEBT.—The President
may reduce amounts owed to the United States (or any
agency of the United States) by an eligible country as a
result of—
‘‘(1) guarantees issued under sections 221 and
222 of the Foreign Assistance Act of 1961;
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‘‘(2) credits extended or guarantees issued under
the Arms Export Control Act; or
‘‘(3) loans or guarantees made pursuant to the
Export-Import Bank of 1945.
‘‘(b) LIMITATIONS.—
‘‘(1) The authority provided by this section may
be exercised only to implement multilateral official
debt relief and referendum agreements commonly re-
ferred to as ‘Paris Club Agreed Minutes’.
‘‘(2) The authority provided by this section may
be exercised only in such amounts or to such extent
as is provided in advance by appropriations Acts.
‘‘(3) The authority provided by this section may
be exercised only with respect to countries with heavy
debt burdens that are eligible to borrow from the
International Development Association, but not from
the International Bank for Reconstruction and Devel-
opment, commonly referred to as ‘IDA-only’ coun-
tries.
‘‘(c) ELIGIBILITY.—The authority provided by this sec-
tion may be exercised only with respect to a country—
‘‘(1) whose government is making reasonable
progress toward democracy;
‘‘(2) whose government has not repeatedly pro-
vided support for acts of international terrorism;
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‘‘(3) whose government is not failing to cooperate
on international narcotics control matters; and
‘‘(4) whose government (including its military or
other security forces) does not engage in a consistent
pattern of gross violations of internationally recog-
nized human rights.
‘‘(d) CERTAIN PROHIBITIONS INAPPLICABLE.—A re-
duction of debt pursuant to this section shall not be consid-
ered assistance for purposes of any provision of law limit-
ing assistance to a country.’’.
Ω101æPage 65, after line 13, insert:
GUARANTEES
SEC. 577. Section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by in-
serting after subparagraph (2)(F) the following new sub-
paragraph:
‘‘(G) NET GUARANTEE COSTS.—The net costs for fiscal
year 1994 of the appropriation made under section 601 of
Public Law 102–391 are not subject to the discretionary
spending limits or the Appropriations Committee’s Foreign
Operations Subcommittee’s 602(b) allocation in fiscal year
1994.’’.
Ω102æPage 65, after line 13, insert:
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FOREIGN MILITARY FINANCING DIRECT COMMERCIAL SALES
POLICY
SEC. 578. (a) PROHIBITION ON POLICY CHANGES.—
The Secretary of Defense shall not restrict the use of Foreign
Military Financing for direct commercial sales unless and
until—
(1) the Secretary of Defense submits to the con-
gressional appropriations, foreign relations and de-
fense committees the report under subsection (b); and
(2) the Secretary of Defense consults with and se-
cures the approval of the Congress regarding any pro-
posed changes in Foreign Military Financing direct
commercial sales policy.
(b) REPORT ON IMPACT OF POLICY CHANGES REGARD-
ING FOREIGN MILITARY FINANCING DIRECT COMMERCIAL
SALES.—The Secretary of Defense shall submit a report to
Congress on or before December 31, 1994, regarding the im-
plementation of the Foreign Military Financing program
through both the Government-to-Government and direct
commercial sales methods.
(1) CONTENT OF REPORT.—The report shall in-
clude—
(A) reasons for selecting the Government-to-
Government or direct commercial sales methods
in Foreign Military Financing transactions;
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(B) benefits and difficulties resulting from
usage of the Government-to-Government or direct
commercial sales methods in Foreign Military
Financing transactions, including, but not lim-
ited to, a discussion and statistical breakdown of
administrative and other difficulties arising
from both Government-to-Government and direct
commercial sales methods; and
(C) the time necessary to ensure an effective
and non-disruptive transition to implement any
changes regarding Foreign Military Financing
sales methods which the Congress may approve.
(2) FORM OF REPORT.—The report shall be sub-
mitted in classified and unclassified forms.
(3) SOLICITATION OF ADDITIONAL VIEWS.—The
Secretary of Defense shall solicit the views of the De-
partment of State and the National Security Council
and of foreign countries and United States defense
contractors which participate in the Foreign Military
Financing program regarding those issues covered by
subsection (b)(1). All views solicited under direction
of this subsection shall be included in the final report
submitted to Congress.
Ω103æPage 65, after line 13, insert:
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RESTRICTION ON ASSISTANCE TO PERU
SEC. 579. (a) IN GENERAL.—None of the funds appro-
priated by this Act to carry out the Foreign Assistance Act
of 1961 may be available for the Government of Peru until
the President determines and so certifies to Congress that
the Government of Peru has paid fair and equitable com-
pensation to the survivors of Master Sergeant Joseph Beard,
Jr., United States Air Force, who was killed during the at-
tack by aircraft of the military forces of Peru on April 24,
1992, against a United States Air Force C–130 aircraft op-
erating off the coast of Peru in international airspace.
(b) OPPOSITION TO FINANCING BY MULTILATERAL DE-
VELOPMENT BANKS.—The Secretary of the Treasury shall
instruct the United States executive directors of the appro-
priate multilateral development banks to vote against any
loan or other financial assistance for Peru until the condi-
tion described in subsection (a) is met.
(c) DEFINITION.—For purposes of this section, the
term ‘‘appropriate multilateral development banks’’ means
the International Bank for Reconstruction and Develop-
ment, the International Development Association, and the
Inter-American Development Bank.
Ω104æPage 65, after line 13, insert:
HR 2295 EAS
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIPMENT
TO
COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
SEC. 580. (a) None of the funds appropriated or other-
wise made available by this Act may be available to any
foreign government which provides lethal military equip-
ment to a country the government of which the Secretary
of State has determined is a terrorist government for pur-
poses of section 40(d) of the Arms Export Control Act. The
prohibition under this section with respect to a foreign gov-
ernment shall terminate 12 months after that government
ceases to provide such military equipment. This section ap-
plies with respect to lethal military equipment provided
under a contract entered into after the date of enactment
of this Act.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised,
the President shall submit to the appropriate congressional
committees a report with respect to the furnishing of such
assistance. Any such report shall include a detailed expla-
nation of the assistance to be provided, including the esti-
mated dollar amount of such assistance, and an expla-
HR 2295 EAS
nation of how the assistance furthers United States national
interests. Any such report shall be submitted, in accordance
with the procedures applicable to reprogramming notifica-
tions under section 634A, at least 15 days before any funds
are obligated for such assistance.
Ω105æPage 65, after line 13, insert:
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED
BY FOREIGN COUNTRIES
SEC. 581. (a) IN GENERAL.—Of the funds made avail-
able for a foreign country under part I of the Foreign As-
sistance Act of 1961, an amount equivalent to the total un-
paid parking fines and penalties owed to the District of
Columbia by such country as of the date of enactment of
this Act shall be withheld from obligation for such country
until the Secretary of State certifies and reports in writing
to the appropriate congressional committees that such fines
and penalties are fully paid to the government of the Dis-
trict of Columbia.
(b) DEFINITION.—For purposes of this section, the
term ‘‘appropriate congressional committees’’ has the same
meaning given to such term by section 644(q) of the Foreign
Assistance Act of 1961.
Ω106æPage 65, after line 13, insert:
HR 2295 EAS
UKRAINE/RUSSIA STABILIZATION PARTNERSHIPS
SEC. 582. Of the funds appropriated by this Act under
the headings ‘‘Assistance for the New Independent States
of the Former Soviet Union’’ and ‘‘Operations and Mainte-
nance, Defense Agencies’’, and allocated under section
565(a) paragraphs (1) and (6), not less than $50,000,000
shall be made available to the Secretary of Energy in con-
sultation with the Secretary of State for a program of co-
operation between scientific and engineering institutes in
the new independent states and national laboratories in the
United States designed to stabilize the technology base in
the cooperating states as each strives to convert defense in-
dustries to civilian applications: Provided, That priority
be assigned to programs in support of international agree-
ments that prevent and reduce proliferation of weapons of
mass destruction: Provided further, That the Secretary may
enter into agreements involving private United States in-
dustry that include cost share arrangements where feasible:
Provided further, That the Secretary may participate in
programs that enhance the safety of power reactors: Pro-
vided further, That the intellectual property rights of all
parties to a program of cooperation be protected: Provided
further, That funds made available by this section may be
reallocated in accordance with the authority of section
565(b) of this Act.
HR 2295 EAS
Ω107æPage 65, after line 13, insert:
USED OIL EQUIPMENT
SEC. 583. Section 106(b)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151d(b)(1)), as amended, is further
amended in the last sentence of the paragraph by striking
the word ‘‘and’’ the second place it appears and inserting
‘‘, and the purchase of used oil equipment (including equip-
ment used in the Arctic)’’ immediately before the period.
Ω108æPage 65, after line 13, insert:
FISHING IN THE CENTRAL BERING SEA
SEC. 584. (a) FINDINGS.—The Congress finds that—
(1) the Central Bering Sea Fisheries Enforce-
ment Act of 1992 (title III of Public Law 102–582)
prohibits United States nationals and vessels from
conducting fishing operations in the Central Bering
Sea, in an area known as ‘‘the Doughnut’’, except
when such fishing operations are in accordance with
an international fishery agreement to which the
United States and the Russian Federation are par-
ties;
(2) the Central Bering Sea Fishery Enforcement
Act also prohibits the entry into United States ports
of any fishing vessel from a nation whose vessels or
nationals conduct fishing operations in the Doughnut
HR 2295 EAS
(b) REVIEW.—In light of the findings in subsection
(a), it is the sense of the Congress that the cooperation of
nations whose vessels and nationals conduct fishing oper-
ations in the Central Bering Sea should be carefully consid-
ered in making appropriations for programs from which
those nations will receive aid monies in fiscal year 1995,
and that Congress should seriously consider withholding
any such monies until such time as an acceptable inter-
national fishery agreement is reached.
Ω109æPage 65, after line 13, insert:
KENYA
SEC. 585. (a) STATEMENT OF THE CONGRESS.—The
Congress—
(1) notes the long friendship between Kenya and
the United States and the constructive role played by
Kenya during the humanitarian relief operation in
Somalia;
(2) recognizes the steps taken by the Kenyan
Government toward establishing a more open and
democratic political system, including the legalization
of opposition political parties and the holding of
multiparty elections in December 1992; and
(3) remains concerned about the continuing
human rights abuses, government corruption, and eco-
HR 2295 EAS
nomic mismanagement which threaten the political
and economic future of Kenya.
(b) ASSISTANCE.—In providing future economic and
development assistance to the Government of Kenya, the
President shall take into account the extent of the Kenyan
Government’s progress toward increasing respect for human
rights, permitting freedom of expression, expanding co-
operation and dialogue with the democratic opposition par-
ties, improving the management of the economy, and reduc-
ing economic corruption, especially at the state-run Kenya
Central Bank.
(c) PROHIBITION.—No funds appropriated by this Act
under section 23 of the Arms Export Control Act may be
provided to the Government of Kenya unless the President
determines that providing such assistance is in the national
interests of the United States and consults with Congress
prior to making such a determination.
Ω110æPage 65, after line 13, insert:
PROHIBITION ON ASSISTANCE TO COUNTRIES
EXPROPRIATING UNITED STATES PROPERTY
SEC. 586. (a) PROHIBITION.—None of the funds appro-
priated or otherwise made available by this Act may be pro-
vided to a country (other than a country described in sub-
section (c)) whose government (or any agency or instrumen-
tality thereof)—
HR 2295 EAS
(1) has before, on, or after the date of enactment
of this Act—
(A) nationalized or expropriated the prop-
erty of any United States person,
(B) repudiated or nullified any contract or
agreement with any United States person, or
(C) taken any other action (such as the im-
position of discriminatory taxes or other exac-
tions) which has the effect of seizing ownership
or control of the property of any United States
person,
(2) has not, within a period of 3 years (or where
applicable, the period described in subsection (b)), re-
turned the property or provided adequate and effec-
tive compensation for such property in convertible
foreign exchange equivalent to the full value thereof,
as required by international law, and
(3) the President may waive the prohibition in
this subsection if he determines and so notifies Con-
gress that it is in the national interest to do so. Such
determination must be made on a country by country
basis every 180 days.
(b) EXTENDED PERIOD FOR COMPENSATION IN THE
CASE OF NEWLY DEMOCRATIC GOVERNMENTS.—In the case
of a democratically elected foreign government that had
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been a totalitarian or authoritarian government at the time
of the action described in subsection (a)(1), the 3-year pe-
riod described in subsection (a)(2) shall be deemed to have
begun as of the date of the installation of the
democractically elected government.
(c) EXCEPTED COUNTRIES AND TERRITORIES.—This
section shall not apply to any country established by inter-
national mandate through the United Nations or to any
territory recognized by the United States Government to be
in dispute.
(d) DEFINITION.—For purposes of this section, the
term ‘‘United States person’’ means a United States citizen
or corporation, partnership, or association at least 50 per-
cent beneficially owned by United States citizens.
Ω111æPage 65, after line 13, insert:
RUSSIAN ASSISTANCE TO CUBA
SEC. 587. Of the funds appropriated by this Act under
the headings ‘‘Assistance for the New Independent States
of the former Soviet Union’’ and ‘‘Operations and Mainte-
nance, Defense Agencies’’, $380,000,000 shall not be avail-
able for obligation for Russia unless the President certifies
on April 1, 1994, that the government of Russia has not
provided assistance to Cuba during the preceding 18
Months: Provided, That the Committees on Appropriations
shall be notified 15 days in advance of the obligation of
HR 2295 EAS
such funds through the regular notifications procedures of
the Committees on Appropriations.
Ω112æPage 65, after line 13, insert:
RESTRICTION ON ASSISTANCE FOR RUSSIA
SEC. 588. (a) PROHIBITION.—None of the funds appro-
priated or otherwise made available by this Act (other than
funds to carry out humanitarian assistance) may be avail-
able in any fiscal year for Russia unless the President has
certified to the Congress not more than 6 months in advance
of the obligation or expenditure of such funds that—
(1) the Government of Russia and the Govern-
ments of Latvia and Estonia have established a time-
table for the withdrawal of the armed forces of Russia
and the Commonwealth of Independent States, and
all parties are complying with such timetable; or
(2) Russia and the Commonwealth of Independ-
ent States continue to make substantial progress to-
ward the withdrawal of their armed forces from Lat-
via and Estonia.
(b) TERMINATION
OF
CERTIFICATION
REQUIRE-
MENT.—Subsection (a) shall remain in force until the
President certifies to the Congress that all of the armed
forces of Russia and the Commonwealth of Independent
States have withdrawn from Latvia and Estonia or that