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dividuals shall not be included within any personnel ceiling
applicable to any United States Government agency dur-
ing the period of detail or assignment: Provided further,
That funds appropriated by this Act that are made avail-
able for child survival activities or activities relating to re-
search on, and the treatment and control of, acquired im-
mune deficiency syndrome may be made available notwith-
standing any provision of law that restricts assistance to
foreign countries: Provided further, That funds appro-
priated by this Act that are made available for family
planning activities may be made available notwithstanding
section 512 of this Act and section 620(q) of the Foreign
Assistance Act of 1961.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES
SEC. 523. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
to finance indirectly any assistance or reparations to
Cuba, Iraq, Libya, the Socialist Republic of Vietnam,
Iran, Syria, North Korea, People’s Republic of China, or
Laos unless the President of the United States certifies
that the withholding of these funds is contrary to the na-
tional interest of the United States.
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RECIPROCAL LEASING
SEC. 524. Section 61(a) of the Arms Export Control
Act is amended by striking out ‘‘1993’’ and inserting in
lieu thereof ‘‘1994’’.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 525. Prior to providing excess Department of
Defense articles in accordance with section 516(a) of the
Foreign Assistance Act of 1961, the Department of De-
fense shall notify the Committees on Appropriations to the
same extent and under the same conditions as are other
committees pursuant to subsection (c) of that section: Pro-
vided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees: Provided further, That
such Committees shall also be informed of the original ac-
quisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
SEC. 526. Funds appropriated by Title I through V
of this Act may be obligated and expended subject to sec-
tion 10 of Public Law 91–672 and section 15 of the State
Department Basic Authorities Act of 1956.
DEPLETED URANIUM
SEC. 527. None of the funds provided in this or any
other Act may be made available to facilitate in any way
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the sale of M–833 antitank shells or any comparable anti-
tank shells containing a depleted uranium penetrating
component to any country other than (1) countries which
are members of NATO, (2) countries which have been des-
ignated as a major non-NATO ally for purposes of section
1105 of the National Defense Authorization Act for Fiscal
Year 1987 or, (3) Taiwan: Provided, That funds may be
made available to facilitate the sale of such shells notwith-
standing the limitations of this section if the President
determines that to do so is in the national security interest
of the United States.
OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES
BY INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 528. (a) INSTRUCTIONS FOR UNITED STATES
EXECUTIVE DIRECTORS.—The Secretary of the Treasury
shall instruct the United States Executive Director of each
international financial institution to vote against any loan
or other use of the funds of the respective institution to
or for a country for which the Secretary of State has made
a determination under section 6(j) of the Export Adminis-
tration Act of 1979.
(b) DEFINITION.—For purposes of this section, the
term ‘‘international financial institution’’ includes—
(1) the International Bank for Reconstruction
and Development, the International Development
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Association, and the International Monetary Fund;
and
(2) wherever applicable, the Inter-American De-
velopment Bank, the Asian Development Bank, the
African Development Bank, the African Develop-
ment Fund, and the European Bank for Reconstruc-
tion and Development.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 529. (a) Notwithstanding any other provision
of law, funds appropriated for bilateral assistance under
any heading of this Act and funds appropriated under any
such heading in a provision of law enacted prior to enact-
ment of this Act, shall not be made available to any coun-
try which the President determines—
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism, or
(2) otherwise supports international terrorism.
(b) The President may waive the application of sub-
section (a) to a country if the President determines that
national security or humanitarian reasons justify such
waiver. The President shall publish each waiver in the
Federal Register and, at least fifteen days before the waiv-
er takes effect, shall notify the Committees on Appropria-
tions of the waiver (including the justification for the waiv-
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er) in accordance with the regular notification procedures
of the Committees on Appropriations.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 530. Notwithstanding any other provision of
law, and subject to the regular notification requirements
of the Committees on Appropriations, the authority of sec-
tion 23(a) of the Arms Export Control Act may be used
to provide financing to Israel and Egypt and NATO and
major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not in-
cluding Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian applica-
tion), if the President determines that there are compel-
ling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather
than by government-to-government sale under such Act.
COMPETITIVE INSURANCE
SEC. 531. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States marine insurance companies have a fair op-
portunity to bid for marine insurance when such insurance
is necessary or appropriate.
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STINGERS IN THE PERSIAN GULF REGION
SEC. 532. Except as provided in section 581 of the
Foreign Operations, Export Financing, and Related Pro-
grams Appropriations Act, 1990, the United States may
not sell or otherwise make available any Stingers to any
country bordering the Persian Gulf under the Arms Ex-
port Control Act or chapter 2 of part II of the Foreign
Assistance Act of 1961.
PROHIBITION ON LEVERAGING AND DIVERSION OF
UNITED STATES ASSISTANCE
SEC. 533. (a) None of the funds appropriated by this
Act may be provided to any foreign government (including
any instrumentality or agency thereof), foreign person, or
United States person in exchange for that foreign govern-
ment or person undertaking any action which is, if carried
out by the United States Government, a United States of-
ficial or employee, expressly prohibited by a provision of
United States law.
(b) For the purposes of this section the term ‘‘funds
appropriated by this Act’’ includes only (1) assistance of
any kind under the Foreign Assistance Act of 1961; and
(2) credits, and guaranties under the Arms Export Con-
trol Act.
(c) Nothing in this section shall be construed to
limit—
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‘‘Agency for International Development’’ and any interest
earned on such investment may be for the purpose for
which the assistance was provided to that organization.
LOCATION OF STOCKPILES
SEC. 535. Section 514(b)(2) of the Foreign Assist-
ance Act of 1961 is amended by striking out
‘‘$389,000,000 for fiscal year 1993, of which amount not
less than $200,000,000 shall be available for stockpiles in
Israel, and up to $189,000,000 may be available for stock-
piles in the Republic of Korea’’ and inserting in lieu there-
of ‘‘$200,000,000 for stockpiles in Israel for fiscal year
1994’’.
ASSISTANCE FOR PAKISTAN
SEC. 536. (a) The date specified in section 620E(d)
of the Foreign Assistance Act of 1961 is amended to read
as follows: ‘‘September 30, 1994’’.
(b) None of the funds appropriated in this Act shall
be obligated or expended for Pakistan except as provided
through the regular notification procedures of the Com-
mittees on Appropriations.
SEPARATE ACCOUNTS
SEC. 537. (a) SEPARATE ACCOUNTS
FOR LOCAL
CURRENCIES.—(1) If assistance is furnished to the gov-
ernment of a foreign country under chapters 1 and 10 of
part I (including the Philippines Multilateral Assistance
Initiative) or chapter 4 of part II of the Foreign Assist-
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ance Act of 1961 under agreements which result in the
generation of local currencies of that country, the Admin-
istrator of the Agency for International Development
shall—
(A) require that local currencies be deposited in
a separate account established by that government;
(B) enter into an agreement with that govern-
ment which sets forth—
(i) the amount of the local currencies to be
generated, and
(ii) the terms and conditions under which
the currencies so deposited may be utilized, con-
sistent with this section; and
(C) establish by agreement with that govern-
ment the responsibilities of the Agency for Inter-
national Development and that government to mon-
itor and account for deposits into and disbursements
from the separate account.
(2) USES
OF LOCAL CURRENCIES.—As may be
agreed upon with the foreign government, local currencies
deposited in a separate account pursuant to subsection
(a), or an equivalent amount of local currencies, shall be
used only—
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(A) to carry out chapters 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as:
(i) project and sector assistance activities,
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The Agency
for International Development shall take all appropriate
steps to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the sepa-
rate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) TERMINATION
OF ASSISTANCE PROGRAMS.—
Upon termination of assistance to a country under chap-
ters 1 or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which re-
main in a separate account established pursuant to sub-
section (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the
United States Government.
(5) CONFORMING AMENDMENTS.—The provisions of
this subsection shall supersede the tenth and eleventh pro-
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visos contained under the heading ‘‘Sub-Saharan Africa,
Development Assistance’’ as included in the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1989 and sections 531(d) and 609 of the
Foreign Assistance Act of 1961.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) If assistance is made available to the government of
a foreign country, under chapters 1 or 10 of part I (includ-
ing the Philippines Multilateral Assistance Initiative) or
chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assist-
ance, that country shall be required to maintain such
funds in a separate account and not commingle them with
any other funds.
(2) APPLICABILITY
OF
OTHER
PROVISIONS
OF
LAW.—Such funds may be obligated and expended not-
withstanding provisions of law which are inconsistent with
the nature of this assistance including provisions which
are referenced in the Joint Explanatory Statement of the
Committee of Conference accompanying House Joint Res-
olution 648 (H. Report No. 98–1159).
(3) NOTIFICATION.—At least fifteen days prior to ob-
ligating any such cash transfer or nonproject sector assist-
ance, the President shall submit a notification through the
regular notification procedures of the Committees on Ap-
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propriations, which shall include a detailed description of
how the funds proposed to be made available will be used,
with a discussion of the United States interests that will
be served by the assistance (including, as appropriate, a
description of the economic policy reforms that will be pro-
moted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds
may be exempt from the requirements of subsection (b)(1)
only through the notification procedures of the Commit-
tees on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE
DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 538. (a) No funds appropriated by this Act may
be made as payment to any international financial institu-
tion while the United States Executive Director to such
institution is compensated by the institution at a rate
which, together with whatever compensation such Director
receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, or while any alternate United States
Director to such institution is compensated by the institu-
tion at a rate in excess of the rate provided for an individ-
ual occupying a position at level V of the Executive Sched-
ule under section 5316 of title 5, United States Code.