H. R. 2295—33
the provisions of chapters 1 and 10 of part I of the Foreign Assist-
ance Act of 1961: Provided, That the President shall take into
consideration, in any case in which a restriction on assistance
would be applicable but for this subsection, whether assistance
in support of programs of nongovernmental organizations is in
the national interest of the United States: Provided further, That
before using the authority of this subsection to furnish assistance
in support of programs of nongovernmental organizations, the Presi-
dent shall notify the Committees on Appropriations under the regu-
lar notification procedures of those committees, including a descrip-
tion 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 steri-
lizations contained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 1994, restrictions con-
tained 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 regular notification procedures of the Committees on Appropria-
tions.
(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 Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally recognized
human rights.
EARMARKS
SEC. 553. (a) Funds appropriated by this Act which are ear-
marked may be reprogrammed for other programs within the same
account notwithstanding the earmark if compliance with the ear-
mark is made impossible by operation 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 deter-
mines 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 Operations, Export Financing,
and Related Programs Appropriations 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 economic cooperation with the United States, the Presi-
dent shall consult with, and shall provide a written policy justifica-
tion to the Committees on Appropriations: Provided, That any such
reprogramming shall be subject to the regular notification proce-
dures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall
be made available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection (a),
the original period of availability of funds appropriated by this
H. R. 2295—34
Act and administered by the Agency for International Development
that are earmarked for particular programs or activities by this
or any other Act shall be extended for an additional fiscal year
if the Administrator 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 circumstances
makes it unlikely that such earmarked funds can be obligated
during the original period of availability: Provided, That such ear-
marked funds that are continued available for an additional fiscal
year shall be obligated only for the purpose of such earmark.
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.
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 countries for which
United States foreign assistance has been requested and for which
receipt of such articles was separately justified for the fiscal year,
without regard to the restrictions in subsection (a) of section 519.
REAL PROPERTY MANAGEMENT
SEC. 556. Any funds remaining in the Acquisition of Property
Revolving Fund administered by the Agency for International Devel-
opment may be transferred to, and consolidated and merged with,
funds in the Property Management Fund established pursuant to
section 585 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101–513).
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 557. 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.
DISADVANTAGED ENTERPRISES
SEC. 558. (a) Except to the extent that the Administrator of
the Agency for International Development 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 individuals 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 students are Hispanic Amer-
ican, and
(4) private voluntary organizations which are controlled
by individuals who are socially and economically disadvantaged.
H. R. 2295—35
(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 Administrator—
(A) to the maximum extent practicable, shall utilize the
authority of section 8(a) of the Small Business 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 contained in paragraphs (2) through (4) of sub-
section (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 justifications
and approvals that, in the Administrator’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 requiring that no
less than 10 per centum of the dollar value of the contract
be subcontracted to entities described in subsection (a), except—
(i) to the extent the Administrator determines other-
wise 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 attached
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 Utilization at least seven busi-
ness days before advertising a contract 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 performance
evaluation of any mission director of the agency, the mission direc-
tor’s efforts to carry out this section.
(5) The Administrator shall submit to the Congress annual
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, subcontracts, grants, and cooperative
agreements awarded to entities described in subsection (a) during
the preceding fiscal year.
(c) As used in this section, the term ‘‘socially and economically
disadvantaged individuals’’ has the same meaning that term is
given for purposes of section 8(d) of the Small Business Act, except
that the term includes women.
USE OF AMERICAN RESOURCES
SEC. 559. 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.
H. R. 2295—36
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE FORMER
SOVIET UNION
SEC. 560. (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 Appropria-
tions for the New Independent States of the Former Soviet Union
Act, 1993, should be allocated for economic assistance and for
related programs as follows:
(1) $893,820,000 for the purpose of private sector develop-
ment, including through the support of bilateral and multilat-
eral enterprise funds, technical
assistance and training,
agribusiness programs and agricultural credit, financing and
technical assistance for small and medium private enterprises,
and privatization efforts.
(2) $125,000,000 for the purpose of a special privatization
and restructuring fund: Provided, That the United States con-
tribution for such fund shall not exceed one-quarter of the
aggregate amount being made available for such fund by all
countries.
(3) $185,000,000 for the purpose of enhancing trade with
and investment in the New Independent States of the former
Soviet Union, including through energy and environment
commodity import assistance, costs of loans and loan guarantees
and the provision of trade and investment technical assistance.
(4) $295,000,000 for the purpose of enhancing democratic
initiatives, including through the support of a comprehensive
program of exchanges and training, assistance designed to fos-
ter the rule of law, and encouragement of independent media.
(5) $190,000,000 for the purpose of supporting troop with-
drawal, including through the support of an officer resettlement
program, and technical assistance for the housing sector.
(6) $285,000,000 for the purpose of supporting the energy
and environment sectors, including such programs as nuclear
reactor safety, and technical assistance to foster the efficiency
and privatization of the energy sector and making that sector
more environmentally responsible.
(7) $239,000,000 for humanitarian assistance purposes,
including to provide vaccines and medicines for vulnerable
populations, to assist in the establishment of a sustainable
pharmaceutical industry, to provide food assistance, and to
meet other urgent humanitarian needs.
(b) With respect to funds allocated under subsection (a) of
this section, notifications provided under section 515 of this Act
shall reflect the categories listed in subsection (a): Provided, That
the Committees on Appropriations shall be consulted with respect
to the submission of notifications which would cause any category
to exceed the allocation reflected in subsection (a).
(c) Funds made available in this Act for assistance to the
New Independent States of the former Soviet Union shall be pro-
vided to the maximum extent feasible through the private sector,
including private voluntary organizations and nongovernmental
organizations functioning in the New Independent States.
(d) Of the funds appropriated by this or any other Act, not
less than $300,000,000 should be made available for Ukraine.
(e) None of the funds appropriated by this Act shall be trans-
ferred to the Government of Russia—