H. R. 4426—31
(3) PROGRAMMING ACCOUNTABILITY.—The Agency for Inter-
national Development shall take all appropriate steps to ensure
that the equivalent of the local currencies disbursed pursuant to
subsection (a)(2)(A) from the separate 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 chapters 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account established
pursuant to subsection (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 sub-
section shall supersede the tenth and eleventh provisos contained
under the heading ‘‘Sub-Saharan Africa, Development Assistance’’
as included in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 and sections 531(d)
and 609 of the Foreign Assistance Act of 1961.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assist-
ance is made available to the government of a foreign country,
under chapters 1 or 10 of part I (including the Philippines Multilat-
eral Assistance Initiative) or chapter 4 of part II of the Foreign
Assistance Act of 1961, as cash transfer assistance or as nonproject
sector assistance, 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 notwithstanding 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 Resolu-
tion 648 (H. Report No. 98–1159).
(3) NOTIFICATION.—At least fifteen days prior to obligating
any such cash transfer or nonproject sector assistance, the President
shall submit a notification through the regular notification proce-
dures of the Committees on Appropriations, which shall include
a detailed description of how the funds proposed to be made avail-
able 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 promoted
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 Committees 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 institution while the
United States Executive Director to such institution is compensated
by the institution at a rate which, together with whatever com-
pensation 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 institution at a rate
H. R. 4426—32
in excess of the rate provided for an individual occupying a position
at level V of the Executive Schedule under section 5316 of title
5, United States Code.
(b) For purposes of this section, ‘‘international financial insti-
tutions’’ are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian
Development Bank, the Asian Development Fund, the African
Development Bank, the African Development Fund, the Inter-
national Monetary Fund, and the European Bank for Reconstruction
and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ
SEC. 538. (a) DENIAL OF ASSISTANCE.—None of the funds appro-
priated 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 assistance
to any country that is not in compliance with the United Nations
Security Council sanctions against Iraq, Serbia or Montenegro
unless the President determines 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 humanitarian
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 effectiveness of the eco-
nomic sanctions of the United Nations and the United States
imposed with respect to Iraq, Serbia, 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 importation into the United States of any or all products of
any foreign country that has not prohibited—
(1) the importation of products of Iraq, Serbia, or
Montenegro into its customs territory, and
(2) the export of its products to Iraq, Serbia, 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 subsection (b).
(b) Such defense articles, services and training may be provided
to Vietnam, Cambodia and Laos, under subsection (a) as the Presi-
dent determines are necessary to support efforts to locate and
repatriate members of the United States Armed Forces and civilians
employed directly 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
H. R. 4426—33
Defense-sponsored humanitarian projects associated with the POW/
MIA efforts. Any aircraft 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 Control
Act and may be maintained with defense articles, services 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 identifies the articles, serv-
ices, 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 appro-
priation, 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 Financing, and Related
Programs Appropriations Act, 1990, shall be applicable, for the
period specified therein, to excess 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 Foreign 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 feasible over the delivery of such excess defense
articles to other countries.
ISRAEL DRAWDOWN
SEC. 542. Section 599B(a) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (as
amended by Public Law 102–145, as amended, and Public Law
102–391), is further amended—
(a) by striking out ‘‘fiscal year 1994’’ and inserting 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 inserting 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 there-
to, for a procurement 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.
H. R. 4426—34
AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMERICAN
FOUNDATION AND THE AFRICAN DEVELOPMENT 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 appropriations for foreign operations,
export financing, and related programs, shall not be construed
to prohibit activities authorized by or conducted under the Peace
Corps Act, the Inter-American Foundation Act, or the African Devel-
opment Foundation Act. The appropriate agency shall promptly
report to the Committees on Appropriations whenever it is conduct-
ing activities or is proposing to conduct activities in a country
for which assistance is prohibited.
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 enterprise cur-
rently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States if
such incentive or inducement is likely to reduce the number
of employees 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 processing 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 carried 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 recognized 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 commensurate 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 embargo 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 equipment and ammunition and
the Serbian forces fighting the government of Bosnia-
Hercegovina have more than one thousand battle tanks,
armored vehicles, 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 embargo.