ered nonadministrative expenses for the purposes of this
headingΩ80æ: Provided further, That, notwithstanding sub-
section (b) of section 117 of the Export Enhancement Act
of 1992, subsection (a) thereof shall remain in effect until
October 1, 1995.
OVERSEAS PRIVATE INVESTMENT CORPORATION
PROGRAM ACCOUNT
Ω81æFor the subsidy cost as defined in section 13201
of the Budget Enforcement Act of 1990, of direct and
guaranteed loans authorized by section 234 of the Foreign
Assistance Act of 1961, as follows: cost of direct and guar-
anteed loans, $23,296,000. In addition, for administrative
expenses to carry out the direct and guaranteed loan pro-
grams, $7,933,000: Provided, That the funds provided in
this paragraph shall be available for and apply to costs,
direct loan obligations and loan guaranty commitments in-
curred or made during the period from October 1, 1994
through September 30, 1996: Provided further, That such
sums are to remain available through fiscal year 2003 for
the disbursement of direct and guaranteed loans obligated
in fiscal year 1995, and through 2004 for the disburse-
ment of direct and guaranteed loans obligated in fiscal
year 1996.
The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
as provided by 31 U.S.C. 9104, such noncredit expendi-
tures and commitments within the limits of funds available
to it and in accordance with law (including an amount for
official reception and representation expenses which shall
not exceed $35,000) as may be necessary.
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
as provided by 31 U.S.C. 9104, such expenditures and com-
mitments within the limits of funds available to it and in
accordance with law as may be necessary: Provided, That
the amount available for administrative expenses to carry
out the credit and insurance programs (including an
amount for official reception and representation expenses
which shall not exceed $35,000) shall not exceed
$24,322,000: Provided further, That project-specific trans-
action costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of
1961 shall not be considered administrative expenses for the
purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans,
$34,944,000, as authorized by section 234 of the Foreign
Assistance Act of 1961, to be derived by transfer from the
Overseas Private Investment Corporation Noncredit Ac-
count: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
not less than $24,944,000 of such subsidy shall be available
for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 1995 and 1996, and
the remainder of such subsidy shall be available for such
purposes without fiscal year limitation: Provided further,
That such sums that are made available during fiscal years
1995 and 1996 shall remain available through fiscal year
2003 for the disbursement of direct and guaranteed loans
obligated in fiscal year 1995, and through 2004 for the dis-
bursement of direct and guaranteed loans obligated in fiscal
year 1996: Provided further, That such sums that are obli-
gated after fiscal year 1996 shall remain available for the
disbursement of direct and guaranteed loans through the
end of the eighth fiscal year after the fiscal year in which
such sums were obligated. In addition, such sums as may
be necessary for administrative expenses to carry out the
credit program may be derived from amounts available for
administrative expenses to carry out the credit and insur-
ance programs in the Overseas Private Investment Corpora-
tion Noncredit Account and merged with said account.
FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions
of section 661 of the Foreign Assistance Act of 1961,
$44,986,000.
TITLE V—GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled
‘‘International Disaster Assistance’’, and ‘‘United States
Emergency Refugee and Migration Assistance Fund’’, not
more than 15 per centum of any appropriation item made
available by this Act shall be obligated during the last
month of availability.
PROHIBITION OF BILATERAL FUNDING FOR
INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 502. None of the funds contained in title II of
this Act may be used to carry out the provisions of section
209(d) of the Foreign Assistance Act of 1961.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $126,500 shall
be for official residence expenses of the Agency for Inter-
national Development during the current fiscal year: Pro-
vided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $5,000 shall be
for entertainment expenses of the Agency for International
Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for the Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars:
Provided further, That of the funds made available by this
Act for general costs of administering military assistance
and sales under the heading ‘‘Foreign Military Financing
Program’’, not to exceed $2,000 shall be available for en-
tertainment expenses and not to exceed $50,000 shall be
available for representation allowances: Provided further,
That of the funds made available by this Act under the
heading ‘‘International Military Education and Training’’,
not to exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation,
not to exceed $2,000 shall be available for entertainment
and representation allowances: Provided further, That of
the funds made available by this Act for the Peace Corps,
not to exceed a total of $4,000 shall be available for enter-
tainment expenses: Provided further, That of the funds
made available by this Act under the heading ‘‘Trade and
Development Agency’’, not to exceed $2,000 shall be avail-
able for representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made
available (other than funds for ‘‘International Organiza-
tions and Programs’’) pursuant to this Act, for carrying
out the Foreign Assistance Act of 1961, may be used, ex-
cept for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance or repara-
tions to Cuba, Iraq, Libya, Ω82æthe Socialist Republic of
Vietnam, Iran, Serbia, Sudan, or Syria: Provided, That
for purposes of this section, the prohibition on obligations
or expenditures shall include direct loans, credits, insur-
ance and guarantees of the Export-Import Bank or its
agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance to any coun-
try whose duly elected Head of Government is deposed by
military coup or decree: Provided, That assistance may be
resumed to such country if the President determines and
reports to the Committees on Appropriations that subse-
quent to the termination of assistance a democratically
elected government has taken office.
TRANSFERS BETWEEN ACCOUNTS
SEC. 509. None of the funds made available by this
Act may be obligated under an appropriation account to
which they were not appropriated, unless the President,
prior to the exercise of any authority contained in the For-
eign Assistance Act of 1961 to transfer funds, consults
with and provides a written policy justification to the
Committees on Appropriations of the House of Represent-
atives and the Senate: Provided, That the exercise of such
authority shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. (a) Amounts certified pursuant to section
1311 of the Supplemental Appropriations Act, 1955, as
having been obligated against appropriations heretofore
made under the authority of the Foreign Assistance Act
of 1961 for the same general purpose as any of the head-
ings under the ‘‘Agency for International Development’’
are, if deobligated, hereby continued available for the same
period as the respective appropriations under such head-
ings or until September 30, 1995, whichever is later, and
for the same general purpose, and for countries within the
same region as originally obligated: Provided, That the
Appropriations Committees of both Houses of the Con-
gress are notified fifteen days in advance of the
deobligation and reobligation of such funds in accordance
with regular notification procedures of the Committees on
Appropriations.
(b) Obligated balances of funds appropriated to carry
out section 23 of the Arms Export Control Act as of the
end of the fiscal year immediately preceding the current
fiscal year are, if deobligated, hereby continued available
during the current fiscal year for the same purpose under
any authority applicable to such appropriations under this
Act: Provided, That the authority of this subsection may
not be used in fiscal year 1995.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in
this Act shall remain available for obligation after the ex-
piration of the current fiscal year unless expressly so pro-
vided in this Act: Provided, That funds appropriated for
the purposes of chapters 1 and 8 of part I, section 667,
and chapter 4 of part II of the Foreign Assistance Act
of 1961, as amended, shall remain available until ex-
pended if such funds are initially obligated before the expi-
ration of their respective periods of availability contained
in this Act: Provided further, That, notwithstanding any
other provision of this Act, any funds made available for
the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allo-
cated or obligated for cash disbursements in order to ad-
dress balance of payments or economic policy reform ob-
jectives, shall remain available until expended: Provided
further, That the report required by section 653(a) of the
Foreign Assistance Act of 1961 shall designate for each
country, to the extent known at the time of submission
of such report, those funds allocated for cash disburse-
ment for balance of payment and economic policy reform
purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in
this Act shall be used to furnish assistance to any country
which is in default during a period in excess of one cal-
endar year in payment to the United States of principal
or interest on any loan made to such country by the
United States pursuant to a program for which funds are
appropriated under this Act: Provided, That this section
and section 620(q) of the Foreign Assistance Act of 1961
shall not apply to funds made available in this Act or dur-
ing the current fiscal year for Nicaragua, and for any nar-
cotics-related assistance for Colombia, Bolivia, and Peru
authorized by the Foreign Assistance Act of 1961 or the
Arms Export Control Act.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or
made available pursuant to this Act for direct assistance
and none of the funds otherwise made available pursuant
to this Act to the Export-Import Bank and the Overseas
Private Investment Corporation shall be obligated or ex-
pended to finance any loan, any assistance or any other
financial commitments for establishing or expanding pro-
duction of any commodity for export by any country other
than the United States, if the commodity is likely to be
in surplus on world markets at the time the resulting pro-
ductive capacity is expected to become operative and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Ex-
port-Import Bank if in the judgment of its Board of Direc-
tors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing com-
modity.
(b) None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing
or breeding feasibility study, variety improvement or intro-
duction, consultancy, publication, conference, or training
in connection with the growth or production in a foreign
country of an agricultural commodity for export which
would compete with a similar commodity grown or pro-
duced in the United States: Provided, That this subsection
shall not prohibit—
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact in the export of agricul-
tural commodities of the United States; or
(2) research activities intended primarily to
benefit American producers.
(c) None of the funds provided in this Act to the
Agency for International Development, other than funds
made available to carry out Caribbean Basin Initiative
programs under the Tariff Schedules of the United States,
section 1202 of title 19, United States Code, schedule 8,
part I, subpart B, item 807.00, shall be obligated or ex-
pended—
(1) to procure directly feasibility studies or
prefeasibility studies for, or project profiles of poten-
tial investment in, the manufacture, for export to
the United States or to third country markets in di-
rect competition with United States exports, of im-
port-sensitive articles as defined by section 503(c)(1)
(A) and (E) of the Tariff Act of 1930 (19 U.S.C.
2463(c)(1) (A) and (E)); or
(2) to assist directly in the establishment of fa-
cilities specifically designed for the manufacture, for
export to the United States or to third country mar-
kets in direct competition with United States ex-
ports, of import-sensitive articles as defined in sec-
tion 503(c)(1) (A) and (E) of the Tariff Act of 1930
(19 U.S.C. 2463(c)(1) (A) and (E)).
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall in-
struct the United States Executive Directors of the Inter-
national Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development
Bank, the International Monetary Fund, the Asian Devel-
opment Bank, the Inter-American Investment Corpora-
tion, the European Bank for Reconstruction and Develop-
ment, the African Development Bank, and the African De-
velopment Fund to use the voice and vote of the United
States to oppose any assistance by these institutions,
using funds appropriated or made available pursuant to
this Act, for the production or extraction of any commod-
ity or mineral for export, if it is in surplus on world mar-
kets and if the assistance will cause substantial injury to
United States producers of the same, similar, or compet-
ing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the Execu-
tive Branch with the necessary administrative flexibility,
none of the funds made available under this Act for ‘‘De-
velopment Assistance Fund’’, ‘‘Population, Development
Assistance’’, ‘‘Development Fund for Africa’’, ‘‘Inter-
national organizations and programs’’, ‘‘Trade and Devel-
opment Agency’’, ‘‘International narcotics control’’, ‘‘As-
sistance for Eastern Europe and the Baltic States’’, ‘‘As-
sistance for the New Independent States of the Former
Soviet Union’’, ‘‘Economic Support Fund’’, ‘‘Peacekeeping
operations’’, ‘‘Operating expenses of the Agency for Inter-
national Development’’, ‘‘Operating expenses of the Agen-
cy for International Development Office of Inspector Gen-
eral’’, ‘‘Anti-terrorism assistance’’, ‘‘Foreign Military Fi-
nancing Program’’, ‘‘International military education and
training’’ Ω83æ(including the military-to-military contact
program),
‘‘Military-to-Military 
Contact 
Program’’,
‘‘Inter-American Foundation’’, ‘‘African Development
Foundation’’, ‘‘Peace Corps’’, or ‘‘Migration and refugee
assistance’’, shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries,
or other operation not justified or in excess of the amount
justified to the Appropriations Committees for obligation
under any of these specific headings unless the Appropria-
tions Committees of both Houses of Congress are pre-
viously notified fifteen days in advance:Ω84æProvided, Pro-
vided, That only those activities, programs, projects, type
of material assistance, countries, or other operations re-
ferred to under this paragraph which have been justified
through Congressional Presentation documents and/or
budget justification documents presented in the same format
and in the same level of detail as provided in fiscal year
1993 shall be considered to be justified under the language
of this paragraph: Provided further, That the President
shall not enter into any commitment of funds appropriated
for the purposes of section 23 of the Arms Export Control
Act for the provision of major defense equipment, other
than conventional ammunition, or other major defense
items defined to be aircraft, ships, missiles, or combat ve-
hicles, not previously justified to Congress or 20 per cen-
tum in excess of the quantities justified to Congress unless
the Committees on Appropriations are notified fifteen
days in advance of such commitment: Provided further,
That this section shall not apply to any reprogramming
for an activity, program, or project under chapter 1 of
part I of the Foreign Assistance Act of 1961 of less than
20 per centum of the amount previously justified to the
Congress for obligation for such activity, program, or
project for the current fiscal year: Provided further, That
the requirements of this section or any similar provision
of this Act requiring notification in accordance with the
regular notification procedures of the Committees on Ap-
propriations may be waived if failure to do so would pose
a substantial risk to human health or welfare: Provided
further, That in case of any such waiver, notification to
the Congress, or the appropriate congressional commit-
tees, shall be provided as early as practicable, but in no
event later than three days after taking the action to
which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver:
Provided further, That any notification provided pursuant
to such a waiver shall contain an explanation of the emer-
gency circumstances.
Drawdowns made pursuant to section 506(a)(2) of
the Foreign Assistance Act of 1961 shall be subject to the
regular notification procedures of the Committees on Ap-
propriations.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. (a) Notwithstanding any other provision
of law or of this Act, none of the funds provided for
‘‘International Organizations and Programs’’ shall be
available for the United States proportionate share, in ac-
cordance with section 307(c) of the Foreign Assistance
Act of 1961, for any programs identified in section 307,
or for Libya, Iran, or, at the discretion of the President,
Communist countries listed in section 620(f) of the For-
eign Assistance Act of 1961, as amended: Provided, That,
subject to the regular notification procedures of the Com-
mittees on Appropriations, funds appropriated under this
Act or any previously enacted Act making appropriations
for foreign operations, export financing, and related pro-
grams, which are returned or not made available for orga-
nizations and programs because of the implementation of
this section or any similar provision of law, shall remain
available for obligation through September 30, 1996.
(b) The United States shall not make any voluntary
or assessed contribution—
(1) to any affiliated organization of the United
Nations which grants full membership as a state to
any organization or group that does not have the
internationally recognized attributes of statehood, or
(2) to the United Nations, if the United Na-
tions grants full membership as a state in the
United Nations to any organization or group that
does not have the internationally recognized at-
tributes of statehood,
during any period in which such membership is effective.
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL
SEC. 517. The Congress finds that progress on the
peace process in the Middle East is vitally important to
United States security interests in the region. The Con-
gress recognizes that, in fulfilling its obligations under the
Treaty of Peace Between the Arab Republic of Egypt and
the State of Israel, done at Washington on March 26,
1979, Israel incurred severe economic burdens. Further-
more, the Congress recognizes that an economically and
militarily secure Israel serves the security interests of the
United States, for a secure Israel is an Israel which has
the incentive and confidence to continue pursuing the
peace process. Therefore, the Congress declares that it is
the policy and the intention of the United States that the
funds provided in annual appropriations for the Economic
Support Fund which are allocated to Israel shall not be
less than the annual debt repayment (interest and prin-
cipal) from Israel to the United States Government in rec-
ognition that such a principle serves United States inter-
ests in the region.
PROHIBITION CONCERNING ABORTIONS AND
INVOLUNTARY STERILIZATION
SEC. 518. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as
amended, may be used to pay for the performance of abor-
tions as a method of family planning or to motivate or
coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assist-
ance Act of 1961, as amended, may be used to pay for
the performance of involuntary sterilization as a method
of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of
the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay
for any biomedical research which relates in whole or in
part, to methods of, or the performance of, abortions or
involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if
the President certifies that the use of these funds by any
such country or organization would violate any of the
above provisions related to abortions and involuntary steri-
lizations. The Congress reaffirms its commitments to Pop-
ulation, Development Assistance and to the need for in-
formed voluntary family planning.
REPORTING REQUIREMENT
SEC. 519. The President shall submit to the Commit-
tees on Appropriations the reports required by section
25(a)(1) of the Arms Export Control Act.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated in this Act
shall 
be 
obligated 
or 
expended 
for 
Colombia,
Ω85æDominican Republic, El Salvador, Guatemala, Haiti,
Indonesia, Liberia, Nicaragua, Pakistan, Peru, Rwanda,
Sudan, or Zaire except as provided through the regular
notification procedures of the Committees on Appropria-
tions: Provided, That this section shall not apply to funds
appropriated 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.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the Appropria-
tions Act account level and shall include all Appropriations
and Authorizations Acts earmarks, ceilings, and limita-
tions with the exception that for the following accounts:
Economic Support Fund and Foreign Military Financing
Program, ‘‘program, project, and activity’’ shall also be
considered to include country, regional, and central pro-
gram level funding within each such account; for the devel-
opment assistance accounts of the Agency for Inter-
national Development ‘‘program, project, and activity’’
shall also be considered to include central program level
funding, either as (1) justified to the Congress, or (2) allo-
cated by the executive branch in accordance with a report,
to be provided to the Committees on Appropriations within
thirty days of enactment of this Act, as required by section
653(a) of the Foreign Assistance Act of 1961.
FAMILY PLANNING, CHILD SURVIVAL AND AIDS
ACTIVITIES
SEC. 522. Up to $8,000,000 of the funds made avail-
able by this Act for assistance for family planning, health,
child survival, and AIDS, may be used to reimburse
United States Government agencies, agencies of State gov-
ernments, institutions of higher learning, and private and
voluntary organizations for the full cost of individuals (in-
cluding for the personal services of such individuals) de-
tailed or assigned to, or contracted by, as the case may
be, the Agency for International Development for the pur-
pose of carrying out family planning activities, child sur-
vival activities and activities relating to research on, and
the treatment and control of, acquired immune deficiency
syndrome in developing countries: Provided, That such in-
dividuals shall not be included within any personnel ceiling
Ω86æestablished pursuant to any provision of law or regu-
lation applicable to any United States Government agency
during the period of detail or assignment: Provided fur-
ther, That funds appropriated by this Act that are made
available for child survival activities or activities relating
to research on, and the treatment and control of, acquired
immune deficiency syndrome may be made available not-
withstanding 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, Ω87æthe Socialist Republic of Vietnam,
Iran, Syria, North Korea, Ω88æor the People’s Republic
of ChinaΩ89æ,–or Laos unless the President of the United
States certifies that the withholding of these funds is con-
trary to the national interest of the United States.
RECIPROCAL LEASING
SEC. 524. Section 61(a) of the Arms Export Control
Act is amended by striking out ‘‘1994’’ and inserting in
lieu thereof ‘‘1995’’.
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 this Act may be
obligated and expended Ω90æsubject to notwithstanding
section 10 of Public Law 91–672 and section 15 of the
State Department Basic Authorities Act of 1956Ω91æ:
Provided, That the Secretary of the Treasury may, to fulfill
commitments of the United States, (a) subscribe to and
make payment for shares of the Inter-American Develop-
ment Bank, make contributions to the Fund for Special Op-
erations of that Bank, and vote for resolutions (including
amendments to that Bank’s constitutive agreement), all in
connection with the eighth general increase in resources of
that Bank; and (b) contribute to the Restructured Global
Environment Facility under its Instrument, to the African
Development Fund in connection with the seventh general
replenishment of its resources, and to the Interest Subsidy
Account of the successor to the Enhanced Structural Adjust-
ment Facility of the International Monetary Fund. The
amount to be paid in respect of each such contribution or
subscription is authorized to be appropriated without fiscal
year limitation. Each such subscription or contribution
shall be effective only to such extent or in such amounts
as are provided in advance in appropriations Acts.
DEPLETED URANIUM
SEC. 527. None of the funds provided in this or any
other Act may be made available to facilitate in any way
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 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 Devel-
opment, to use the voice and vote of the United States
to oppose any loan or other use of the funds of the respec-
tive institution to or for a country for which the Secretary
of State has made a determination under section 6(j) of
the Export Administration 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
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-
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 Ω92æmarine insurance companies have a
fair opportunity to bid for Ω93æmarine insurance when
such insurance is necessary or appropriate.
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.
(3) the ability of an official or employee of the
United States to communicate with any foreign
country government, group or individual, either di-
rectly or through a third party, with respect to the
prohibitions of this section including the reasons for
such prohibitions, and the actions, terms, or condi-
tions which might lead to the removal of the prohibi-
tions of this section.
DEBT-FOR-DEVELOPMENT
SEC. 534. In order to enhance the continued partici-
pation of nongovernmental organizations in economic as-
sistance activities under the Foreign Assistance Act of
1961, including endowments, debt-for-development and
debt-for-nature exchanges, a nongovernmental organiza-
tion which is a grantee or contractor of the Agency for
International Development may place in interest bearing
accounts funds made available under this Act or prior Acts
or local currencies which accrue to that organization as
a result of economic assistance provided under the heading
‘‘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
‘‘$200,000,000 for stockpiles in Israel for fiscal year
1994’’ and inserting in lieu thereof ‘‘a total of
$200,000,000 for stockpiles in Israel for fiscal years 1994
and 1995, up to $40,000,000 may be made available for
stockpiles in the Republic of Korea, and up to
$10,000,000 may be made available for stockpiles in Thai-
land for fiscal year 1995’’.
SEPARATE ACCOUNTS
SEC. 536. (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-
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—
(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-
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-
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. 537. (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.
(b) For purposes of this section, ‘‘international finan-
cial institutions’’ are: the International Bank for Recon-
struction and Development, the Inter-American Develop-
ment Bank, the Asian Development Bank, the Asian De-
velopment Fund, the African Development Bank, the Afri-
can Development Fund, the International Monetary Fund,
and the European Bank for Reconstruction and Develop-
ment.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 538. (a) DENIAL OF ASSISTANCE.—None of the
funds appropriated or otherwise made available pursuant
to this Act to carry out the Foreign Assistance Act of
1961 (including title IV of chapter 2 of part I, relating
to the Overseas Private Investment Corporation) or the
Arms Export Control Act may be used to provide assist-
ance to any country that is not in compliance with the
United Nations Security Council sanctions against
IraqΩ94æ, Serbia, and Montenegro unless the President de-
termines and so certifies to the Congress that—
(1) such assistance is in the national interest of
the United States;
(2) such assistance will directly benefit the
needy people in that country; or
(3) the assistance to be provided will be human-
itarian assistance for foreign nationals who have fled
Iraq and Kuwait.
(b) IMPORT SANCTIONS.—If the President considers
that the taking of such action would promote the effective-
ness of the economic sanctions of the United Nations and
the United States imposed with respect to IraqΩ95æ, Ser-
bia, or Montenegro, as the case may be, and is consistent
with the national interest, the President may prohibit, for
such a period of time as he considers appropriate, the im-
portation into the United States of any or all products
of any foreign country that has not prohibited—
(1) the importation of products of IraqΩ96æ,
Serbia, or Montenegro into its customs territory, and
(2) the export of its products to IraqΩ97æ, Ser-
bia, or Montenegro, as the case may be.
POW/MIA MILITARY DRAWDOWN
SEC. 539. (a) Notwithstanding any other provision
of law, the President may direct the drawdown, without
reimbursement by the recipient, of defense articles from
the stocks of the Department of Defense, defense services
of the Department of Defense, and military education and
training, of an aggregate value not to exceed $15,000,000
in fiscal year 1995, as may be necessary to carry out sub-
section (b).
(b) Such defense articles, services and training may
be provided to Ω98æVietnam, Cambodia and Laos, under
subsection (a) as the President determines are necessary
to support efforts to locate and repatriate members of the
United States Armed Forces and civilians employed di-
rectly or indirectly by the United States Government who
remain unaccounted for from the Vietnam War, and to
ensure the safety of United States Government personnel
engaged in such cooperative efforts and to support United
States Department of Defense-sponsored humanitarian
projects associated with the POW/MIA efforts. Any air-
craft shall be provided under this section only to Laos and
only on a lease or loan basis, but may be provided at no
cost notwithstanding section 61 of the Arms Export Con-
trol Act and may be maintained with defense articles, serv-
ices and training provided under this section.
(c) The President shall, within sixty days of the end
of any fiscal year in which the authority of subsection (a)
is exercised, submit a report to the Congress which identi-
fies the articles, services, and training drawn down under
this section.
(d) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse
the applicable appropriation, fund, or account for defense
articles, defense services, and military education and
training provided under this section.
MEDITERRANEAN EXCESS DEFENSE ARTICLES
SEC. 540. During fiscal year 1995, the provisions of
section 573(e) of the Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1990,
shall be applicable, for the period specified therein, to ex-
cess defense articles made available under sections 516
and 519 of the Foreign Assistance Act of 1961.
PRIORITY DELIVERY OF EQUIPMENT
SEC. 541. Notwithstanding any other provision of
law, the delivery of excess defense articles that are to be
transferred on a grant basis under section 516 of the For-
eign Assistance Act to NATO allies and to major non-
NATO allies on the southern and southeastern flank of
NATO shall be given priority to the maximum extent fea-
sible over the delivery of such excess defense articles to
other countries.
ISRAEL DRAWDOWN
SEC. 542. Section 599B(a) of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1991 (as amended by Public Law 102–145,
as amended, and Public Law 102–391), is further amend-
ed—
(a) by striking out ‘‘fiscal year 1994’’ and in-
serting in lieu thereof ‘‘fiscal year 1995’’;
(b) by striking out ‘‘Appropriations Act, 1994’’
and inserting in lieu thereof ‘‘Appropriations Act,
1995’’; and
(c) by striking out ‘‘$700,000,000’’ and insert-
ing in lieu thereof ‘‘$775,000,000’’.
CASH FLOW FINANCING
SEC. 543. For each country that has been approved
for cash flow financing (as defined in section 25(d) of the
Arms Export Control Act, as added by section 112(b) of
Public Law 99–83) under the Foreign Military Financing
Program, any Letter of Offer and Acceptance or other
purchase agreement, or any amendment thereto, for a pro-
curement in excess of $100,000,000 that is to be financed
in whole or in part with funds made available under this
Act shall be submitted through the regular notification
procedures to the Committees on Appropriations.
AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER-
ICAN
FOUNDATION
AND
THE
AFRICAN
DEVELOP-
MENT FOUNDATION
SEC. 544. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropria-
tions for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities au-
thorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Develop-
ment Foundation Act. The appropriate agency shall
promptly report to the Committees on Appropriations
whenever it is conducting activities or is proposing to con-
duct activities in a country for which assistance is prohib-
ited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 545. None of the funds appropriated by this Act
may be obligated or expended to provide—
(a) any financial incentive to a business enter-
prise currently located in the United States for the
purpose of inducing such an enterprise to relocate
outside the United States if such incentive or in-
ducement is likely to reduce the number of employ-
ees of such business enterprise in the United States
because United States production is being replaced
by such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export process-
ing zone or designated area in which the tax, tariff,
labor, environment, and safety laws of that country
do not apply, in part or in whole, to activities car-
ried out within that zone or area, unless the Presi-
dent determines and certifies that such assistance is
not likely to cause a loss of jobs within the United
States; or
(c) assistance for any project or activity that
contributes to the violation of internationally recog-
nized workers rights, as defined in section 502(a)(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in
that country: Provided, That in recognition that the
application of this subsection should be commensu-
rate with the level of development of the recipient
country and sector, the provisions of this subsection
shall not preclude assistance for the informal sector
in such country, micro and small-scale enterprise,
and smallholder agriculture.
AUTHORITY TO ASSIST BOSNIA-HERCEGOVINA
SEC. 546. (a) Congress finds as follows:
(1) The United Nations has imposed an embar-
go on the transfer of arms to any country on the
territory of the former Yugoslavia.
(2) The federated states of Serbia and
Montenegro have a large supply of military equip-
ment and ammunition and the Serbian forces fight-
ing the government of Bosnia-Hercegovina have
more than one thousand battle tanks, armored vehi-
cles, and artillery pieces.
(3) Because the United Nations arms embargo
is serving to sustain the military advantage of the
aggressor, the United Nations should exempt the
government of Bosnia-Hercegovina from its embar-
go.
(b) Pursuant to a lifting of the United Nations arms
embargo, or to a unilateral lifting of the arms embargo
by the President of the United States, against Bosnia-
Hercegovina, the President is authorized to transferΩ99æ,
subject to the regular notification procedures of the Commit-
tees on Appropriations, to the government of that nation,
without reimbursement, defense articles from the stocks
of the Department of Defense Ω100æand defense services
of the Department of Defense of an aggregate value not
to exceed $50,000,000 in fiscal year 1995: Provided, That
the President certifies in a timely fashion to the Congress
that—
(1) the transfer of such articles would assist
that nation in self-defense and thereby promote the
security and stability of the region; and
(2) United States allies are prepared to join in
such a military assistance effort.
(c) Within 60 days of any transfer under the author-
ity provided in subsection (b), and every 60 days there-
after, the President shall report in writing to the Speaker
of the House of Representatives and the President pro
tempore of the Senate concerning the articles transferred
and the disposition thereof.
(d) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse
the applicable appropriation, fund, or account for defense
articles provided under this section.
Ω101æ(e) If the President determines that doing so
will contribute to a just resolution of charges regarding
genocide or other violations of international law in the
former Yugoslavia, the authority of section 552(c) of the
Foreign Assistance Act of 1961, as amended, may be used
to provide up to $25,000,000 of commodities and services
to the United Nations War Crimes Tribunal, without re-
gard to the ceiling limitation contained in paragraph (2)
thereof: Provided, That the determination required under
this subsection shall be in lieu of any determinations oth-
erwise required under section 552(c).
SPECIAL AUTHORITIES
SEC. 547. (a) Funds appropriated in title II of this
Act that are made available for Haiti, Afghanistan, Leb-
anon, and Cambodia, and for victims of war, displaced
children, displaced Burmese, humanitarian assistance for
Romania, and humanitarian assistance for the peoples of
Bosnia-Hercegovina, Croatia, and Kosova, may be made
available notwithstanding any other provision of law: Pro-
vided, That any such funds that are made available for
Cambodia shall be subject to the provisions of section
531(e) of the Foreign Assistance Act of 1961 and section
906 of the International Security and Development Co-
operation Act of 1985: Provided further, That the Presi-
dent shall terminate assistance to any Ω102æCambodian
organization that he determines is cooperating, tactically
or strategically, with the Khmer Rouge in their military
operations.
(b) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106 of the Foreign As-
sistance Act of 1961 may be used, notwithstanding any
other provision of law, for the purpose of supporting tropi-
cal forestry and energy programs aimed at reducing emis-
sions of greenhouse gases with regard to the key countries
in which deforestation and energy policy would make a
significant contribution to global warmingΩ103æ, and for
the purpose of supporting biodiversity conservation activi-
ties: Provided, That such assistance shall be subject to sec-
tions 116, 502B, and 620A of the Foreign Assistance Act
of 1961.
(c) During fiscal year 1995, the President may use
up to $50,000,000 under the authority of section 451 of
the Foreign Assistance Act of 1961, notwithstanding the
funding ceiling contained in subsection (a) of that section.
(d) The Agency for International Development may
employ personal services contractors, notwithstanding any
other provision of law, for the purpose of administering
programs for the West Bank and Gaza.
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT
OF ISRAEL
SEC. 548. (a) FINDINGS.—The Congress finds that—
(1) since 1948 the Arab countries have main-
tained a primary boycott against Israel, refusing to
do business with Israel;
(2) since the early 1950s the Arab League has
maintained a secondary and tertiary boycott against
American and other companies that have commercial
ties with Israel;
(3) the boycott seeks to coerce American firms
by blacklisting those that do business with Israel
and harm America’s competitiveness;
(4) the United States has a longstanding policy
opposing the Arab League boycott and United
States law prohibits American firms from providing
information to Arab countries to demonstrate com-
pliance with the boycott;
(5) with real progress being made in the Middle
East peace process and the serious confidence-build-
ing measures taken by the State of Israel an end to
the Arab boycott of Israel and of American compa-
nies that have commercial ties with Israel is long
overdue and would represent a significant con-
fidence-building measure; and
(6) in the interest of Middle East peace and
free commerce, the President must take more con-
crete steps to press the Arab states to end their
practice of blacklisting and boycotting American
companies that have trade ties with Israel.
(b) POLICY.—It is the sense of the Congress that—
(1) the Arab League countries should imme-
diately and publicly renounce the primary boycott of
Israel and the secondary and tertiary boycott of
American firms that have commercial ties with Is-
rael and
(2) the President should—
(A) take more concrete steps to encourage
vigorously Arab League countries to renounce
publicly the primary boycotts of Israel and the
secondary and tertiary boycotts of American
firms that have commercial relations with Israel
as a confidence-building measure;
(B) take into consideration the participa-
tion of any recipient country in the primary
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commer-
cial relations with Israel when determining
whether to sell weapons to said country;
(C) report to Congress on the specific
steps being taken by the President to bring
about a public renunciation of the Arab primary
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commer-
cial relations with Israel; and
(D) encourage the allies and trading part-
ners of the United States to enact laws prohib-
iting businesses from complying with the boy-
cott and penalizing businesses that do comply.
ANTI-NARCOTICS ACTIVITIES
SEC. 549. (a) Of the funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’, assistance
may be provided to strengthen the administration of jus-
tice in countries in Latin America and the Caribbean in
accordance with the provisions of section 534 of the For-
eign Assistance Act of 1961, except that programs to en-
hance protection of participants in judicial cases may be
conducted notwithstanding section 660 of that Act.
Ω104æ(b) Of the funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’, notwithstanding
section 660 of the Foreign Assistance Act of 1961, up to
$3,000,000 may be made available, subject to the regular
notification procedures of the Committees on Appropria-
tions, for technical assistance, training, and commodities
with the objective of creating a professional civilian police
force for Panama, and for programs to improve penal insti-
tutions and the rehabilitation of offenders in Panama
(which programs may be conducted other than through mul-
tilateral or regional institutions), except that such technical
assistance shall not include more than $1,000,000 for the
procurement of equipment for law enforcement purposes,
and shall not include lethal equipment.
Ω105æ(b) (c) Funds made available pursuant to this
section may be made available notwithstanding the third
sentence of section 534(e) of the Foreign Assistance Act
of 1961. Funds made available pursuant to subsection
Ω106æ(a)(1) (a) for Bolivia, Colombia and Peru and sub-
section Ω107æ(a)(2) (b) may be made available notwith-
standing section 534(c) and the second sentence of section
534(e) of the Foreign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 550. (a) ASSISTANCE THROUGH NONGOVERN-
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
appropriated by this Act to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act
of 1961: Provided, That the President shall take into con-
sideration, 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
nongovernmental organizations, the President shall notify
the Committees on Appropriations under the regular noti-
fication procedures of those committees, including a de-
scription of the program to be assisted, the assistance to
be provided, and the reasons for furnishing such assist-
ance: Provided further, That nothing in this subsection
shall be construed to alter any existing statutory prohibi-
tions against abortion or involuntary sterilizations con-
tained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 1995, re-
strictions contained in this or any other Act with respect
to assistance for a country shall not be construed to re-
strict 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
Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 529 of this Act or
any comparable provision of law prohibiting assist-
ance to countries that support international terror-
ism; 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. 551. (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 sig-
nificantly reduced its military or economic cooperation
with the United States since enactment of the Foreign Op-
erations, Export Financing, and Related Programs Appro-
priations Act, 1991; however, before exercising the author-
ity 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
justification to the Committees on Appropriations: Pro-
vided, That any such reprogramming shall be subject to
the regular notification procedures 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 origi-
nally provided.
(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 par-
ticular 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.
CEILINGS AND EARMARKS
SEC. 552. Ceilings and earmarks contained in this
Act shall not be applicable to funds or authorities appro-
priated or otherwise made available by any subsequent Act
unless such Act specifically so directs.
EXCESS DEFENSE ARTICLES
SEC. 553. Ω108æ(a) The authority of section 519 of
the Foreign Assistance Act of 1961, as amended, may be
used in fiscal year 1995 to provide nonlethal excess de-
fense 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 sec-
tion 519.
Ω109æ(b) The authority of section 518 of the Foreign
Assistance Act of 1961 may be exercised notwithstanding
any other provision of law.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 554. 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. 555. (a) Except to the extent that the Adminis-
trator of the Agency for International Development deter-
mines otherwise, not less than 10 percent of the aggregate
amount made available for the current fiscal year for the
‘‘Development Assistance Fund’’, ‘‘Population, Develop-
ment Assistance’’, and the ‘‘Development Fund for Afri-
ca’’ 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 stu-
dents are Hispanic American, and
(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
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 con-
tained in paragraphs (2) through (4) of subsection
(a)—
(i) using less than full and open competi-
tive procedures under such terms and condi-
tions as the Administrator deems appropriate,
and
(ii) using an administrative system for jus-
tifications and approvals that, in the Adminis-
trator’s discretion, may best achieve the pur-
pose 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 dol-
lar value of the contract be subcontracted to entities
described 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 no-
tify the Agency’s Office of Small and Disadvantaged Busi-
ness Utilization at least seven business days before adver-
tising a contract in excess of $100,000, except to the ex-
tent 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 director’s efforts to carry out this sec-
tion.
(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, sub-
contracts, 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. 556. To the maximum extent possible, assist-
ance provided under this Act should make full use of
American resources, including commodities, products, and
services.
LIMITATIONS ON ASSISTANCE FOR NICARAGUA
SEC. 557. (a) Funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’ may only be made
available to the Government of Nicaragua upon the notifi-
cation, in writing, by the Secretary of State to the appro-
priate committees that he has determined that significant
and tangible progress is being made by the Government
of Nicaragua toward—
Ω110æ(1) a full and independent investigation
conducted relating to issues raised by the discovery,
after the May 23 explosion in Managua, of weapons
caches, false passports, identity papers and other doc-
uments, suggesting the existence of a terrorist/kidnap-
ping ring;
Ω111æ(1) (2) the prosecution of any individual
identified as part of a terrorist/kidnapping ring by
the investigation of issues raised by the discovery,
after the May 23, Ω112æ1993, explosion in Managua,
of weapons caches, false passports, identity papers
and other documents, suggesting the existence of
such a ring, including all government officials (in-
cluding any members of the armed forces or security
forces);
Ω113æ(2) (3) the resolution of expropriation
claims and the effective compensation of legitimate
claims;
Ω114æ(3) (4) the timely implementation of rec-
ommendations made by the Tripartite Commission
as it undertakes to review and identify those respon-
sible for gross human rights violations, including the
expeditious prosecution of individuals identified by
the commission in connection with such violations;
Ω115æ(4) (5) the enactment into law of legisla-
tion to reform the Nicaraguan military and security
forces in order to guarantee civilian control over the
armed forces;
Ω116æ(5) (6) the establishment of civilian con-
trol over the police, and the independence of the po-
lice from the military; and
100
Ω117æ(6) (7) the effective reform of the Nica-
raguan judicial system.
(b) The notification pursuant to subsection (a) above
shall include a detailed listing of the tangible evidence that
forms the basis for such determination.
(c) For purposes of this section, the term ‘‘appro-
priate committees’’ means the Committees on Foreign Re-
lations and Appropriations of the Senate and Committees
on Foreign Affairs and Appropriations of the House of
Representatives.
PROHIBITION OF PAYMENTS TO UNITED NATIONS
MEMBERS
SEC. 558. None of the funds appropriated or made
available pursuant to this Act for carrying out the Foreign
Assistance Act of 1961, may be used to pay in whole or
in part any assessments, arrearages, or dues of any mem-
ber of the United Nations.
CONSULTING SERVICES
SEC. 559. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to section 3109 of title 5, United
States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available
for public inspection, except where otherwise provided
under existing law, or under existing Executive order pur-
suant to existing law.
101
PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION
SEC. 560. None of the funds appropriated or made
available pursuant to this Act shall be available to a pri-
vate voluntary organization which fails to provide upon
timely request any document, file, or record necessary to
the auditing requirements of the Agency for International
Development, nor shall any of the funds appropriated by
this Act be made available to any private voluntary organi-
zation which is not registered with the Agency for Inter-
national Development.
SPECIAL DEBT RELIEF FOR THE POOREST
Ω118æSEC.
561.
(1)
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—
(A) guarantees issued under sections 221 and
222 of the Foreign Assistance Act of 1961; or
(B) credits extended or guarantees issued under
the Arms Export Control Act.
(2) LIMITATIONS.—
(A) The authority provided by paragraph (1)
may be exercised only to implement multilateral offi-
cial debt relief and referendum agreements, com-
monly referred to as ‘‘Paris Club Agreed Minutes’’.
(B) The authority provided by paragraph (1)
may be exercised only in such amounts or to such
102
extent as is provided in advance by appropriations
Acts.
(C) The authority provided by paragraph (1)
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
Development, commonly referred to as ‘‘IDA-only’’
countries.
(3) CONDITIONS.—The authority provided by para-
graph (1) may be exercised only with respect to a country
whose government—
(A) does not have an excessive level of military
expenditures;
(B) has not repeatedly provided support for
acts of international terrorism;
(C) is not failing to cooperate on international
narcotics control matters; and
(D) (including its military or other security
forces) does not engage in a consistent pattern of
gross violations of internationally recognized human
rights.
(4) AVAILABILITY OF FUNDS.—The authority pro-
vided by paragraph (1) may be used only with regard to
103
funds appropriated by this Act under the heading ‘‘Debt
Restructuring’’.
(5) CERTAIN PROHIBITIONS INAPPLICABLE.—A re-
duction of debt pursuant to paragraph (1) shall not be
considered assistance for purposes of any provision of law
limiting assistance to a country.
SEC. 561. (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; or
(2) credits extended or guarantees issued under
the Arms Export Control Act.
(b) LIMITATIONS.—
(1) The authority provided by subsection (a)
may be exercised only to implement multilateral offi-
cial debt relief and referendum agreements, commonly
referred to as ‘‘Paris Club Agreed Minutes’’.
(2) The authority provided by subsection (a)
may be exercised only in such amounts or to such ex-
tent as is provided in advance by appropriations
Acts.
(3) The authority provided by subsection (a)
may be exercised only with respect to countries with
104
heavy debt burdens that are eligible to borrow from
the International Development Association, but not
from the International Bank for Reconstruction and
Development, commonly referred to as ‘‘IDA-only’’
countries.
(c) CONDITIONS.—The authority provided by sub-
section (a) may be exercised only with respect to a country
whose government—
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts
of international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of gross
violations of internationally recognized human rights;
and
(5) has not nationalized, expropriated, or other-
wise seized ownership or control of property owned by
any United States person and has not either—
(A) returned the property;
(B) provided adequate and effective com-
pensation for such property in convertible for-
eign exchange or other mutually acceptable com-
105
pensation equivalent to the full value thereof, as
required by international law;
(C) offered a domestic procedure providing
prompt, adequate and effective compensation in
accordance with international law; or
(D) submitted the dispute to arbitration
under the rules of the Convention for the Settle-
ment of Investment disputes or other mutually
agreeable binding international arbitration pro-
cedure.
(d) AVAILABILITY OF FUNDS.—The authority provided
by subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ‘‘Debt Restruc-
turing’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc-
tion of debt pursuant to subsection (a) shall not be consid-
ered assistance for purposes of any provision of law limit-
ing assistance to a country. The authority provided by sub-
section (a) may be exercised notwithstanding section 620(r)
of the Foreign Assistance Act of 1961.
GUARANTEES
SEC. 562. Section 251(b)(2)(G) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is
amended by striking ‘‘1994’’ and inserting in lieu thereof
‘‘1994 and 1995’’ in both places that this appears.
106
PROHIBITION
ON
ASSISTANCE
TO
FOREIGN
GOVERN-
MENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIP-
MENT TO COUNTRIES SUPPORTING INTERNATIONAL
TERRORISM
SEC. 563. (a) None of the funds appropriated or oth-
erwise 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 for-
eign government shall terminate 12 months after that gov-
ernment ceases to provide such military equipment. This
section applies 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 exer-
cised, the President shall submit to the appropriate con-
gressional committees a report with respect to the furnish-
ing of such assistance. Any such report shall include a de-
tailed explanation of the assistance to be provided, includ-
107
ing the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United
States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES
OWED BY FOREIGN COUNTRIES
SEC. 564. (a) IN GENERAL.—Of the funds made
available for a foreign country under part I of the Foreign
Assistance Act of 1961, an amount equivalent to 110 per-
cent of the total unpaid fully adjudicated 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 Sec-
retary of State certifies and reports in writing to the ap-
propriate congressional committees that such fines and
penalties are fully paid to the government of the District
of Columbia.
(b) DEFINITION.—For purposes of this section, the
term ‘‘appropriate congressional committees’’ means the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on For-
eign Affairs and the Committee on Appropriations of the
House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE
WEST BANK AND GAZA
SEC. 565. None of the funds appropriated by this Act
may be obligated for assistance for the Palestine Libera-
108
tion Organization for the West Bank and Gaza unless the
President has exercised the authority under section 583(a)
of the Middle East Peace Facilitation Act of 1994 (part
E of title V of Public Law 103–236) or any other legisla-
tion to suspend or make inapplicable section 307 of the
Foreign Assistance Act of 1961 and that suspension is
still in effect: Provided, That if the President fails to make
the certification under section 583(b)(2) of the Middle
East Peace Facilitation Act or to suspend the prohibition
under other legislation, funds appropriated by this Act
may not be obligated for assistance for the Palestine Lib-
eration Organization for the West Bank and Ω119æGaza
unless the President determines that it is in the national
interest to do so and so reports to the Congress.
Ω120æFACILITATE PEACE IN MIDDLE EAST
SEC. 565A. ADDITIONAL CONGRESSIONAL EXPECTA-
TION.—Section 583(b)(5) of the Middle East Peace Facilita-
tion Act is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C);
(2) by striking the period at the end of subpara-
graph (D) and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
109
‘‘(E) amending its National Covenant to
eliminate all references calling for the destruc-
tion of Israel.’’.
PROCUREMENT REDUCTION
SEC. 566. (a) Of the budgetary resources available
to the Agency for International Development during fiscal
year 1995, $1,598,000 are permanently canceled.
(b) The Administrator of the Agency for Inter-
national Development shall allocate the amount of budg-
etary resources canceled among the Agency’s accounts
available for procurement and procurement-related ex-
penses. Amounts available for procurement and procure-
ment-related expenses in each such account shall be re-
duced by the amount allocated to such account.
(c) For the purposes of this section, the definition
of ‘‘procurement’’ includes all stages of the process of ac-
quiring property or services, beginning with the process
of determining a need for a product or services and ending
with contract completion and closeout, as specified in sec-
tion 403(a)(2) of title 41, United States Code.
Ω121æIMPLEMENTATION OF WAPENHANS REPORT
RECOMMENDATIONS
SEC. 567. Funds appropriated by title I of this Act
under the headings ‘‘Contribution to the International
Bank for Reconstruction and Development’’, ‘‘Contribu-
tion to the International Development Association’’, and
110
‘‘Contribution to the International Finance Corporation’’
shall not be available for payment to any such institution
unless the Secretary of the Treasury (1) determines that
the recommendations contained in the report entitled Re-
port of the Portfolio Management Task Force (commonly
referred to as the ‘‘Wapenhans Report’’) continue to be
implemented, and (2) reports that determination to the
Committee on Appropriations and the Committee on
Banking, Finance and Urban Affairs of the House of Rep-
resentatives and the Committee on Appropriations and the
Committee on Foreign Relations of the Senate.
IMPLEMENTATION OF WORLD BANK RECOMMENDATIONS
SEC. 567. (a) Funds appropriated by title I of this
Act under the headings ‘‘Contribution to the International
Bank for Reconstruction and Development’’ and ‘‘Contribu-
tion to the International Development Association’’ shall be
available for payment to such institutions as follows:
(1) 50 percent of the funds appropriated under
each such heading shall be made available prior to
April 1, 1995, only if the Secretary of the Treasury
makes the determination (and so reports to the Com-
mittees on Appropriations) described in paragraph
(3) of this subsection at any time prior to that date.
(2) 50 percent of the funds appropriated under
each such heading shall be made available on April
1, 1995, or thereafter, only if the Secretary of the
111
Treasury makes the determination (and so reports to
the Committees on Appropriations) described in para-
graph (3) of this subsection at any time on or after
that date.
(3) The determinations referred to in paragraphs
(1) and (2) are determinations that the International
Bank for Reconstruction and Development is—
(A) implementing the recommendations con-
tained in ‘‘Next Steps’’, the follow-up to the
Wapenhans Report;
(B) implementing the action plan contained
in chapter 8 of its April 8, 1994, resettlement re-
view entitled ‘‘Resettlement and Development’’;
(C) implementing the Bank’s procedures on
Disclosure of Operational Information issued in
September 1993; and
(D) actively encouraging borrowing govern-
ments to publicly disclose information on struc-
tural adjustment programs.
(b) Funds appropriated by title I of this Act under
the heading ‘‘Contribution to the International Finance
Corporation’’ shall be available for payment to such institu-
tion as follows:
(1) 50 percent of the funds appropriated under
such heading shall be made available prior to April
112
1, 1995, only if the Secretary of the Treasury makes
the determination (and so reports to the Committees
on Appropriations) described in paragraph (3) of this
subsection.
(2) 50 percent of the funds appropriated under
such heading shall be made available on or after
April 1, 1995, only if the Secretary of the Treasury
makes the determination (and so reports to the Com-
mittees on Appropriations) described in paragraph
(3) of this subsection.
(3) The determinations referred to in paragraphs
(1) and (2) are determinations that the International
Finance Corporation is pursuing reforms comparable
to those adopted by the International Bank for Recon-
struction and Development regarding the environ-
ment, information disclosure, and resettlement.
RESTRICTIONS ON ASSISTANCE TO RUSSIA
SEC. 568. (a) RESTRICTION.—None of the funds ap-
propriated or otherwise made available by this Act may
be obligated for assistance for the Government of Russia
after December 31, 1994, unless Ω122æit has been made
known to the President that all armed forces of Russia
and the Commonwealth of Independent States have been
removed from all Baltic countries or that the status of
those armed forces have been otherwise resolved by mutual
agreement of the parties.
113
(b) EXEMPTION.—Subsection (a) does not apply to
assistance that involves the provision of student exchange
programs, food, clothing, medicine, or other humanitarian
assistance or to housing assistance for officers of the
armed forces of Russia or the Commonwealth of Independ-
ent States who are removed from the territory of Estonia,
Latvia, Ω123æand Lithuania Lithuania, or countries other
than Russia.
(c) WAIVER.—Subsection (a) does not apply if after
December 31, 1994, the President determines that the
provision of funds to the Government of Russia is in the
national interest.
Ω124æADDITIONAL LIMITATION ON FUNDS TO ENSURE
IMPLEMENTATION
OF
WAPENHANS
REPORT
REC-
OMMENDATIONS
SEC. 569. (a) LIMITATION ON AMOUNTS AVAILABLE
BEFORE APRIL 1, 1995.—If amounts appropriated by
title I become available pursuant to section 567—
(1) not more than $30,000,000 shall be avail-
able for obligation before April 1, 1995, for ‘‘Con-
tribution to the International Bank for Reconstruc-
tion and Development’’ for payment for contribution
to the Global Environment Facility;
(2) not more than $1,024,332,000 shall be
available for obligation before April 1, 1995, for
114
‘‘Contribution to the International Development As-
sociation’’; and
(3) not more than $35,761,500 shall be avail-
able for obligation before April 1, 1995, for ‘‘Con-
tribution to the International Finance Corporation’’.
(b) REQUIREMENTS
FOR AVAILABILITY
OF ADDI-
TIONAL AMOUNTS.—No amount in excess of any sum
specified in subsection (a) with respect to an account or
activity shall become available on or after April 1, 1995,
unless the Secretary of the Treasury—
(1) determines that the recommendations con-
tained in the report entitled Report of the Portfolio
Management Task Force (commonly referred to as
the ‘‘Wapenhans Report’’) continue to be imple-
mented as of such date;
(2) reports such determination to the Commit-
tee on Appropriations and the Committee on Bank-
ing, Finance and Urban Affairs of the House of
Representatives and the Committee on Appropria-
tions and the Committee on Foreign Relations of the
Senate; and
(3) complies with the regular notification proce-
dures of the Committee on Appropriations.
115
Ω125æMILITARY EXPENDITURES BY RECIPIENTS OF
MULTILATERAL ASSISTANCE
SEC. 569. The Secretary of the Treasury shall instruct
the United States Executive Director of each international
financial institution to vote against any loan or any exten-
sion of assistance to any country which fails to make avail-
able to such institution the most recent accurate and com-
plete data on annual expenditures for its armed forces, un-
less such assistance is directed specifically to programs
which serve the basic human needs of the citizens of such
country.
PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS
SEC. 570. (a) SENSE OF CONGRESS.—It is the sense
of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made
available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency shall provide, to the greatest extent
practicable, to such entity Ω126æa notice describing the
statement made in subsection (a) by the Congress notice
consistent with subsection (a) and section 604(a) of the For-
eign Assistance Act of 1961.
116
Ω127æWEST BANK AND GAZA ECONOMIC DEVELOPMENT
FUND
SEC. 571. Of the funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’, not less than
$20,000,000 should be made available to support the cre-
ation and expansion of small and medium-sized businesses,
including agricultural enterprises, in the West Bank and
Gaza. All or any part of such funds may be used for the
subsidy cost of direct loans and loan guarantees as defined
in section 502 of the Congressional Budget Act of 1974.
Funds made available under this heading shall be subject
to the regular notification procedures of the Committees on
Appropriations.
Ω128æAGRICULTURAL AID TO THE NEW INDEPENDENT
STATES OF THE FORMER SOVIET UNION
SEC. 572. Of the funds appropriated by title II of this
Act under the heading ‘‘Assistance for the New Independent
States of the Former Soviet Union’’ up to $50,000,000
should be made available only for provision of United
States agricultural commodities to address the food and nu-
trition needs of the people of the new independent states
of the former Soviet Union: Provided, That in providing
assistance 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,
117
That funds made available for the purposes of this section
may be used for transportation of United States agricul-
tural commodities provided under this section: Provided
further, That the President may enter into agreements with
the governments of the new independent states and non-
governmental organizations to provide for the sale of any
part of the United States agricultural commodities in the
new independent states for local currencies: Provided fur-
ther, That any such local currencies shall be used in the
new independent states to process, transport, store, distrib-
ute or otherwise enhance the effectiveness of the use of
United States agricultural commodities provided under this
section, and to support agricultural and rural development
activities.
Ω129æEXPORT FINANCING TRANSFER AUTHORITIES
SEC. 573. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
the current fiscal year for programs under title IV of this
Act may be transferred between such appropriations for use
for any of the purposes, programs and activities for which
the funds in such receiving account may be used, but no
such appropriation, except as otherwise specifically pro-
vided, shall be increased by more than 25 percent by any
such transfer: Provided, That the exercise of such authority
shall be subject to the regular notification procedures of the
118
Committees on Appropriations: Provided further, That
$12,000,000 shall be immediately transferred from funds
available to the Export-Import Bank for fiscal year 1994
to the Overseas Private Investment Corporation, and
$1,000,000 shall be immediately transferred from funds
available to the Export-Import Bank for fiscal year 1994
to the Trade and Development Agency: Provided further,
That the provisions of the previous proviso shall be effective
on the date of enactment of this Act.
Ω130æINCAE
SEC. 574. The Government of Nicaragua may assume
the obligation of the Central American Institute of Business
Administration (INCAE) to make payment to the United
States under a loan made to INCAE pursuant to an Alli-
ance for Progress Loan Agreement dated April 25, 1972:
Provided, That such payment shall be for the cost, as de-
fined in section 13201 of the Budget Enforcement Act of
1990, of such obligation and shall relieve INCAE of any
further liability to the United States for payment of interest
and principal under such loan notwithstanding section
620(r) of the Foreign Assistance Act of 1961.
Ω131æMONGOLIA
SEC. 575. Section 620(f) of the Foreign Assistance Act
of 1961 is amended by striking ‘‘Mongolian People’s Repub-
lic.’’ from the list contained therein.
119
Ω132æREPORT ON COMPLIANCE WITH COMMITMENTS
SEC. 576. Section 804(b) of title VIII of Public Law
101–246 (PLO Commitments Compliance Act of 1989) is
amended—
(1) in paragraph (9) by striking ‘‘; and’’ and in-
serting in lieu thereof ‘‘;’’;
(2) by striking the period at the end of para-
graph (10) and inserting in lieu thereof ‘‘; and’’; and
(3) by adding the following new paragraph:
‘‘(11) measures taken by the PLO to prevent acts
of terrorism, crime and hostilities and to legally pun-
ish offenders, as called for in the Gaza-Jericho agree-
ment of May 4, 1994.’’.
Ω133æWAR CRIMES TRIBUNALS
SEC. 577. If the President determines that doing so
will contribute to a just resolution of charges regarding
genocide or other violations of international humanitarian
law, 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
Nations War Crimes Tribunal established with regard to
the former Yugoslavia by the United Nations Security
Council or such other tribunals or commissions as the Coun-
cil may establish to deal with such violations, without re-
gard to the ceiling limitation contained in paragraph (2)
120
thereof: Provided, That the determination required under
this section shall be in lieu of any determinations otherwise
required under section 552(c): Provided further, That 60
days after the date of enactment of this Act, and every 180
days thereafter, the Secretary of State shall submit a report
to the Committees on Appropriations describing the steps
the United States Government is taking to collect informa-
tion regarding allegations of genocide or other violations
of international law in the former Yugoslavia and to fur-
nish that information to the United Nations War Crimes
Tribunal for the former Yugoslavia.
Ω134æDONATION OF SURPLUS AGRICULTURAL
COMMODITIES TO POLAND
SEC. 578. (a) EXTENSION OF AUTHORIZATION.—Sec-
tion 2223(a) of the American Aid to Poland Act of 1988
(7 U.S.C. 1431 note) is amended by striking ‘‘1988 through
1992’’ and inserting ‘‘1995 through 1999’’.
(b) DEFINITION OF ELIGIBLE COMMODITIES.—Section
2223(b)(1) of that Act is amended by inserting ‘‘, soybeans,
and soybean products’’ after ‘‘feed grains’’.
(c) ELIGIBLE ACTIVITIES.—Section 416(b)(7)(D)(ii)
of the Agricultural Act of 1949 (7 U.S.C. 1431(b)(7)(D)(ii))
is amended in the third sentence—
(1) by striking ‘‘and’’ at the end of subclause
(II);
121
(2) by striking the period at the end and insert-
ing ‘‘; and’’; and
(3) by adding at the end the following new
subclause:
‘‘(IV) the Polish Catholic Episcopate’s Rural
Water Supply Foundation.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect October 1, 1994.
Ω135æBUY AMERICA
SEC. 579. (a) None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to pay any United States voluntary contribution
for United Nations peacekeeping activities unless the Sec-
retary of State determines and certifies to the appropriate
congressional committees that United States manufacturers
and suppliers are being given opportunities to provide
equipment, services, and material for such activities equal
to those being given to foreign manufacturers and suppliers
for such activities and for other United Nations acqusition
needs.
(b) For purpose of this section, the term ‘‘appropriate
congressional committees’’ means the Committees on Appro-
priations and Foreign Affairs of the House of Representa-
tives and the Committees on Appropriations and Foreign
Relations of the Senate.
122
Ω136æTELECOMMUNICATIONS PROCUREMENT
SEC. 580. It is the sense of the Congress that the Agen-
cy for International Development, and other agencies as ap-
propriate, should take steps to ensure that United States
firms are not unfairly disadvantaged in procurement op-
portunities related to promoting development through tele-
communications enhancement. The Congress expects that
high technology firms primarily owned by nationals of
countries which deny procurement opportunities to United
States firms will not be eligible to bid on procurement op-
portunities funded by programs in this Act. In particular,
the Congress would oppose such purchases if the government
of that country restricts American manufacturers of the
same high technology products from government procure-
ment or government-financed programs.
Ω137æCOUNTRY DEVELOPMENT POLICIES REPORT
SEC. 581. (a) REPORTING REQUIREMENT.—The Sec-
retary of State shall, by March 31, 1995, submit to the Com-
mittees on Appropriations a report providing a concise
overview of the prospects for economic growth on a broad,
equitable, and sustainable basis in the countries receiving
economic assistance under title II of this Act. For each
country, the report shall discuss the laws, policies, and
practices of that country that most contribute to or detract
from the achievement of this kind of growth. The report
123
should address relevant macroeconomic, microeconomic, so-
cial, legal, environmental, and political factors.
(b) COUNTRIES.—The countries referred to in sub-
section (a) are countries—
(1) for which in excess of a total of $5,000,000
has been obligated during the previous fiscal year for
assistance under sections 103 through 106, chapters
10 and 11 of part I, and chapter 4 of part II of the
Foreign Assistance Act of 1961, and under the Sup-
port for East European Democracy Act of 1989; or
(2) for which in excess of $1,000,000 has been ob-
ligated during the previous fiscal year for assistance
administered by the Overseas Private Investment Cor-
poration.
(c) CONSULTATION.—The Secretary of State shall sub-
mit the report required by subsection (a) in consultation
with the Secretary of the Treasury, the Administrator of
the Agency for International Development, and the Presi-
dent of the Overseas Private Investment Corporation.
Ω138æNONLETHAL EXCESS DEFENSE ARTICLES
Sec. 582. Notwithstanding section 519(f) of the Foreign
Assistance Act of 1961, during fiscal year 1995, funds
available to the Department of Defense may be expended
for crating, packing, handling and transportation of
124
nonlethal excess defense articles transferred under the au-
thority of section 519 to Albania.
Ω139æLANDMINES
SEC. 583. Notwithstanding any other provision of law,
demining equipment available to any department or agency
and used in support of the clearing of landmines for hu-
manitarian purposes may be disposed of on a grant basis
in foreign countries, subject to such terms and conditions
as the President may prescribe.
Ω140æPROHIBITION ON PAYMENT OF CERTAIN EXPENSES
SEC. 584. None of the funds appropriated or otherwise
made available by this Act under the heading ‘‘INTER-
NATIONAL MILITARY EDUCATION AND TRAINING’’ or ‘‘FOR-
EIGN MILITARY FINANCING PROGRAM’’ for Informational
Program activities may be obligated or expended to pay
for—
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Infor-
mational Program trips where students do not stay at
a military installation; or
(3) entertainment expenses for activities that are
substantially of a recreational character, including
entrance fees at sporting events and amusement
parks.
125
Ω141æBURMA
SEC. 585. (1) The Senate finds that:
(A) The Burmese people overwhelmingly voted in
1990 to begin a process of political and economic re-
form based on a fundamental respect for human
rights and freedom of political expression by resound-
ingly rejecting the military-led government of the
State Law and Order Restoration Council (SLORC),
and electing a coalition government headed by the
National League for Democracy;
(B) SLORC refused to recognize the will of the
Burmese people and in the wake of the election
launched 
a 
bloody 
crackdown 
against 
the
prodemocracy 
movement 
killing 
some 
activists
through torture; others were imprisoned or forced to
flee Burma;
(C) Since that time, all political dissent has been
banned with violators arrested, jailed often beaten
and sometimes executed for attempting to express
their political beliefs. The United States and United
Nations have repeatedly identified SLORC as one of
the worst offenders of human rights in the world;
(D) SLORC and military officials have a long
history of complicity in drug trafficking and produc-
tion;
126
(E) The forced conscription of rural villagers in-
cluding the elderly, pregnant women, and children as
slave labor to carry arms and ammunition for the
military, and build roads and bridges for government
projects continues. Slave porters are routinely mal-
nourished, beaten, often raped and sometimes executed
if they fail to perform work ordered by military offi-
cials;
(F) The massive infusion of new arms into
Burma poses a direct threat to regional stability; and
(G) The actions of the government of Thailand
in harassing an forcibly repatriating Burmese refu-
gees is of deep concern to the United States.
(2) The Senate of the United States of America calls
for:
(A) SLORC to immediately and unconditionally
release the leader of the National League for Democ-
racy, Aung San Suu Kyi, from house arrest and in-
stall the legitimate government of Burma;
(B) Immediate access to political detainees or
convicted prisoners of any kind by representatives of
the International Committee of the Red Cross.
(C) The regime in Rangoon to take real and
meaningful action against drug smugglers and cor-
127
rupt government officials to combat the flood of
opium and heroin coming from Burma;
(D) International corporations investing or seek-
ing business opportunities in Burma to recognize
SLORC’s policy of political repression, abuse of
human rights, use of slave labor, and complicity in
drug trafficking and refrain from investing in
Burma;
(E) The international community to ban selling
weapons to SLORC;
(F) The international community to recognize
the plight of Burmese refugees and take whatever steps
may be necessary to guarantee their safety and
human rights.
Ω142æEMERGENCY PROJECTS IN BOSNIA AND
HERZEGOVINA
SEC. 586. Of the funds appropriated by this Act, not
less than $10,000,000 shall be available only for emergency
winterization and rehabilitation projects and for the rees-
tablishment 
of 
essential 
services 
in 
Bosnia 
and
Herzegovina.
Ω143æHUMANITARIAN ASSISTANCE FOR BOSNIA AND
HERZEGOVINA
SEC. 587. Of the funds appropriated by this Act, not
less than $5,000,000 shall be available only for medical
128
equipment, medical supplies, and medicine to Bosnia and
Herzegovina, and for the repair and reconstruction of hos-
pitals, clinics, and medical facilities in Bosnia and
Herzegovina.
Ω144æPOVERTY REDUCTION EMPHASIS FOR DEVELOPMENT
ASSISTANCE
SEC. 588. (a) Of the total amount of funds appro-
priated by this Act to carry out chapters 1 and 10 of part
I of the Foreign Assistance Act of 1961, a substantial per-
centage of the funds shall be available only to finance pro-
grams, projects, and activities that directly improve the
lives of the poor, with special emphasis on those individuals
living in absolute poverty.
(b) It is the sense of Congress that the President, in
carrying out this section, should—
(1) promulgate appropriate standards for identi-
fying those populations living in poverty;
(2) establish a program performance, monitor-
ing, and evaluation capacity within the Agency for
International Development that will develop and pre-
pare, in consultation with both local and inter-
national nongovernmental organizations, appropriate
indicators and criteria for monitoring and evaluation
of progress toward poverty reduction; and
129
(3) take steps necessary to increase the direct in-
volvement of the poor in project design, implementa-
tion and evaluation, including increasing opportuni-
ties for direct funding of local nongovernmental orga-
nizations serving these populations, and other local
capacity-building measures.
(c) The Congress urges the President, not later than
April 1, 1995, to submit to the Congress a report setting
forth the progress made in carrying out this section.
Ω145æPAYMENTS-IN-KIND AS VOLUNTARY CONTRIBUTIONS
TO UNITED NATIONS PEACEKEEPING ACTIVITIES
SEC. 589. It is the sense of the Congress that—
(1) United States voluntary contributions to
peacekeeping operations conducted by the United Na-
tions may consist of contributions of excess defense ar-
ticles or may be in the form of payments made di-
rectly to United States companies providing goods
and services in support of United Nations peacekeep-
ing activities; and
(2) such contributions should be made in con-
sultation with the Secretaries of State and Defense.
Ω146æPOLICY REGARDING HUMANITARIAN AID TO HAITI
SEC. 590. It is the sense of the Senate that the Sec-
retary of State, the Secretary of the Treasury, and the Ad-
ministrator of the Agency for International Development
130
should expedite approval of valid applications for emer-
gency medical evacuation flights out of Haiti and for hu-
manitarian aid flights to Haiti, where such aid consists
of food, medicine, or medical supplies, or spare parts or
equipment for the transportation or distribution of humani-
tarian aid by nongovernmental or private voluntary orga-
nizations.
Ω147æLOANS TO NATIONS THAT ENFORCE THE ARAB
BOYCOTT OF ISRAEL
SEC. 591. The President should use the voice and vote
of the United States in all multilateral banks of which the
United States is a member to ensure that no loans are given
to nations which support or encourage the primary, second-
ary or tertiary boycott of Israel.
Ω148æCAMBODIA
SEC. 592. (a) FINDINGS.—The Senate finds that—
(1) Peace in Cambodia promotes stability in
Southeast Asia.
(2) The newly democratic nation of Cambodia is
engaged in a continuing military struggle against the
Khmer Rouge.
(3) Peace talks between the government of Cam-
bodia and the Khmer Rouge have repeatedly broken
down.
131
(4) The Cambodian Parliament took action on
July 6, 1994, to outlaw the Khmer Rouge.
(5) Ceding any position in the freely elected gov-
ernment of Cambodia to the Khmer Rouge is not in
the interest of the Cambodian people and is incom-
patible with a constructive United States-Cambodia
relationship.
(6) Cambodian officials have requested military
assistance from a number of nations, including the
United States.
(7) The United States administration, in con-
sultation with its allies, is in the process of determin-
ing the appropriate type and level of United States
military assistance to Cambodia.
(8) Congress is concerned that absent proper
training, professionalism and adequate salaries, pro-
viding Cambodian forces with arms and ammunition
will not be beneficial.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) In concert with interested democratic na-
tions, the United States should provide non-combat
military training assistance to the newly democratic
government of Cambodia.
132
(2) Military assistance should include efforts to
establish an orderly and equitable promotion process,
establish an effective command structure, establish a
viable and effective system of military justice, estab-
lish effective logistics, establish modern communica-
tions networks, establish dependable accounting proce-
dures, promote human rights and respect for the rule
of law and promote respect for civilian leadership of
the military.
(3) The President should make every effort to
fully utilize requested 1994 and 1995 levels of IMET
for Cambodia to expand the program beyond its cur-
rent scope.
(4) The President should consider qualified Cam-
bodians for admission to United States military
academies.
(5) The President should dispatch as soon as
possible a military attache to the United States Em-
bassy in Cambodia.
(6) Lethal assistance should not be provided to
Cambodia until such time as the President can certify
the professionalization of the Cambodian Armed
Forces.
(7) No military assistance should be provided the
Cambodian Armed Forces if the Government includes
133
members of the Khmer Rouge or if the Constitution
promulgated on September 24, 1993 fails.
(8) No military assistance should be provided in
concert with the Democratic Peoples’ Republic of
Korea.
(9) The President should convey to Thailand
United States concern over the continued support for
the Khmer Rouge by elements of the Thai military
and to urge the Thai Government to intensify its ef-
forts to terminate that support, in accordance with
the Paris Peace Accords.
Ω149æINDONESIA
SEC. 593. The United States should continue to refrain
from selling or licensing for export to the Government of
Indonesia defense articles such as small or light arms and
crowd control items until the Secretary of State determines
and reports to the Committees on Appropriations that there
has been significant progress made on human rights in East
Timor and elsewhere in Indonesia, including in such areas
as:
(1) complying with the recommendations in the
United Nations Special Repporteur’s January 1992
report and the March 1993 recommendations of the
United Nations Human Rights Commission;
134
(2) significantly reducing Indonesia’s troop pres-
ence in East Timor; and
(3) participating constructively in the United
Nations Secretary General’s efforts to resolve the sta-
tus of East Timor.
Ω150æUNITED STATES PANEL OF THE JOINT COMMITTEE
ON
UNITED
STATES–JAPAN
CULTURAL
AND
EDU-
CATIONAL COOPERATION
SEC. 594. Section 4 of the Japan-United States
Friendship Act (22 U.S.C. 2903) is amended by adding at
the end the following new subsection:
‘‘(d) The membership of the United States Panel of the
Joint Committee on United States-Japan Cultural and
Educational cooperation shall be drawn from among indi-
viduals who are deeply familiar with Japan and United
States-Japan relations, as demonstrated in their profes-
sional careers, and who have performed distinguished serv-
ice in—
‘‘(1) law, business, or finances;
‘‘(2) education, training, or research at post-sec-
ondary levels;
‘‘(3) the media or publishing;
‘‘(4) foundation or philanthropic activity;
‘‘(5) the American arts, culture, or the human-
ities; or
135
‘‘(6) other aspects of American public life.’’.
BROADENING INVESTMENT AUTHORITY.
SEC. 595. Section 7 of the Japan-United States
Friendship Act (22 U.S.C. 2906) is amended—
(1) in subsection (b)—
(A) in the first sentence, by inserting ‘‘, at
the direction of the Chairman of the Commis-
sion,’’ after ‘‘ ‘Secretary’)’’; and
(B) in the second sentence, by striking ‘‘in
interest bearing obligations of the United States
or in obligations guaranteed as to both principal
and interest by the United States’’ and inserting
‘‘in instruments or public debt with maturities
suitable to the needs of the Fund’’; and
(2) in subsection (c), by inserting ‘‘, at the direc-
tion of the Chairman of the Commission,’’ after
‘‘sold’’.
Ω151æGERMANY
SEC. 596. (a) Sense of the Congress concerning Ger-
man and Japanese permanent membership in the United
Nations Security Council—
(1) in the past five years, the United Nations has
engaged in more peacekeeping operations than in the
preceding forty;
136
(2) the Security Council is the United Nations
body chiefly responsible for matters of peace and secu-
rity;
(3) any country accorded permanent membership
in an expanded Security Council must be capable of
fulfilling all of the responsibilities equated with such
status, including participation in any United Na-
tions military operations;
(4) according permanent membership to nations
not capable of carrying out these responsibilities will
allow those countries to play a central role in shaping
United Nations peacekeeping and peacemaking oper-
ations which could endanger the lives of American
and other troops, but in which their own forces could
play no part;
(5) Japan and Germany, as the world’s second
and third largest economies, respectively, have at-
tained levels of global reach and influence equal to or
surpassing current permanent members of the Secu-
rity Council;
(6) Germany and Japan have announced their
desire to gain permanent membership in the Security
Council;
(7) Japan currently maintains that its constitu-
tion prohibits the country from carrying out all the
149
(2) There are approximately 46,000 convicted
criminal aliens serving in American prisons, includ-
ing 25,000 convicted criminal aliens serving in State
prisons and 21,000 convicted criminal aliens serving
in Federal prisons.
(3) Many of these convicted criminal aliens are
also illegal aliens, but the Immigration and Natu-
ralization Service does not have exact data on how
many.
(4) The combined cost to Federal and State gov-
ernments for the incarceration of convicted criminal
aliens is approximately $1,200,000,000.
(5) There are approximately 2,500 American
citizens serving in prisons outside the United States.
(6) The United States has entered into over 25
prisoner exchange treaties. Since 1977, under these
treaties, the United States sent approximately 1,200
prisoners to other counties but has received approxi-
mately 1,400 prisoners that it had to imprison. This
has added to United States prison overcrowding.
(d) PRISONER TRANSFER TREATIES.—No later than
90 days after the date of enactment of this Act, the President
should begin to negotiate prisoner transfer treaties, or re-
negotiate existing prisoner transfer treaties, with countries
that currently have more prisoners in United States prisons
150
than there are United States citizens in their prisons, to
carry out the purpose of this Act. The focus of these negotia-
tions should be on the transfer of illegal aliens who are serv-
ing in United States prisons.
(e) REPORT; WITHHOLDING OF ASSISTANCE.—
(1) REPORTS.—Not later than 1 year after the
date of enactment of this Act, and not later than
March 30 each year thereafter, the President shall
submit a report to Congress on the progress of nego-
tiations undertaken under subsection (d) since the
date of enactment of this Act or the date of submis-
sion of the last report, as the case may be.
(2) WITHHOLDING OF ASSISTANCE.—Whenever—
(A) a report submitted under paragraph (1)
indicates that no progress has been made in ne-
gotiations under subsection (d) with a foreign
country, and
(B) the United States continues to main-
tain a surplus of prisoners who are nationals of
that country,
then, for the remainder of the fiscal year, and each
fiscal year thereafter until progress is reported under
subsection (a), not less than one percent or more than
10 percent of United States bilateral assistance allo-
cated for that country (but for this provision) shall be