IIA
103D CONGRESS
2D SESSION
H. R. 4426
IN THE SENATE OF THE UNITED STATES
JUNE 8 (legislative day, JUNE 7), 1994
Received; read twice and referred to the Committee on Appropriations
AN ACT
Making appropriations for foreign operations, export financ-
ing, and related programs for the fiscal year ending
September 30, 1995.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for for-
eign operations, export financing, and related programs
for the fiscal year ending September 30, 1995, and for
other purposes, namely:
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TITLE I—MULTILATERAL ECONOMIC
ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
CONTRIBUTION TO THE INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the International Bank for Recon-
struction and Development by the Secretary of the Treas-
ury, for the United States share of the paid-in share por-
tion of the increases in capital stock for the General Cap-
ital Increase, $23,009,101, to remain available until ex-
pended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the International
Bank for Reconstruction and Development may subscribe
without fiscal year limitation to the callable capital portion
of the United States share of increases in capital stock
in an amount not to exceed $743,923,914.
For payment to the International Bank for Recon-
struction and Development by the Secretary of the Treas-
ury, for the United States contribution to the Global Envi-
ronment Facility (GEF), $88,800,000, to remain available
until expended.
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CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION
For payment to the International Development Asso-
ciation by the Secretary of the Treasury, $1,235,000,000,
for the United States contribution to the replenishment,
to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL FINANCE
CORPORATION
For payment to the International Finance Corpora-
tion by the Secretary of the Treasury, $68,743,028, for
the United States share of the increase in subscriptions
to capital stock, to remain available until expended: Pro-
vided, That of the amount appropriated under this head-
ing not more than $5,364,000 may be expended for the
purchase of such stock in fiscal year 1995.
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT
BANK
For payment to the Inter-American Development
Bank by the Secretary of the Treasury, for the United
States share of the paid-in share portion of the increase
in capital stock, $28,111,959, and for the United States
share of the increases in the resources of the Fund for
Special Operations, $21,338,000, and for the United
States share of the capital stock of the Inter-American In-
vestment Corporation, $190,000, to remain available until
expended: Provided, That $25,269,224 of the amount
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1995 the number of shares of stock purchased shall be
not more than 600.
LIMITATION OF CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank
for Reconstruction and Development may subscribe with-
out fiscal year limitation to the callable capital portion of
the United States share of such capital stock in an amount
not to exceed $161,420,824.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions
of section 301 of the Foreign Assistance Act of 1961, and
of section 2 of the United Nations Environment Program
Participation Act of 1973, $366,000,000: Provided, That
none of the funds appropriated under this heading shall
be made available for the United Nations Fund for
Science and Technology: Provided further, That funds ap-
propriated under this heading may be made available for
the International Atomic Energy Agency only if the Sec-
retary of State determines (and so reports to the Con-
gress) that Israel is not being denied its right to partici-
pate in the activities of that Agency: Provided further,
That of the funds appropriated under this heading that
are made available for the United Nations Children’s
Fund (UNICEF), 75 per centum shall be obligated and
expended no later than thirty days after the date of enact-
ment of this Act and 25 per centum shall be expended
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within thirty days from the start of UNICEF’s fourth
quarter of operations for 1995: Provided further, That
none of the funds appropriated under this heading that
are made available to the United Nations Population Fund
(UNFPA) shall be made available for activities in the Peo-
ple’s Republic of China: Provided further, That not more
than $40,000,000 of the funds appropriated under this
heading may be made available to the UNFPA: Provided
further, That not more than one-half of this amount may
be provided to UNFPA before March 1, 1995, and that
no later than February 15, 1995, the Secretary of State
shall submit a report to the Committees on Appropriations
indicating the amount UNFPA is budgeting for the Peo-
ple’s Republic of China in 1995: Provided further, That
any amount UNFPA plans to spend in the People’s Re-
public of China in 1995 above $7,000,000, shall be de-
ducted from the amount of funds provided to UNFPA
after March 1, 1995 pursuant to the previous provisos:
Provided further, That with respect to any funds appro-
priated under this heading that are made available to
UNFPA, UNFPA shall be required to maintain such
funds in a separate account and not commingle them with
any other funds: Provided further, That notwithstanding
the fifth proviso of this heading, if UNFPA decides not
to initiate a new program in China after its current pro-
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gram ends in 1995, up to an additional $20,000,000 of
funds appropriated under this heading may be made avail-
able to UNFPA.
TITLE II—BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to
carry out the provisions of the Foreign Assistance Act of
1961, and for other purposes, to remain available until
September 30, 1995, unless otherwise specified herein, as
follows:
AGENCY FOR INTERNATIONAL DEVELOPMENT
DEVELOPMENT ASSISTANCE FUND
For necessary expenses to carry out the provisions
of sections 103 through 106 of the Foreign Assistance Act
of 1961, $811,000,000, to remain available until Septem-
ber 30, 1996.
POPULATION, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions
of section 104(b), $450,000,000, to remain available until
September 30, 1996: Provided, That none of the funds
made available in this Act nor any unobligated balances
from prior appropriations may be made available to any
organization or program which, as determined by the
President of the United States, supports or participates
in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That none of
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the funds made available under this heading may be used
to pay for the performance of abortion as a method of
family planning or to motivate or coerce any person to
practice abortions; and that in order to reduce reliance
on abortion in developing nations, funds shall be available
only to voluntary family planning projects which offer, ei-
ther directly or through referral to, or information about
access to, a broad range of family planning methods and
services: Provided further, That in awarding grants for
natural family planning under section 104 of the Foreign
Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant’s religious or conscien-
tious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further,
That nothing in this subsection shall be construed to alter
any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961.
DEVELOPMENT FUND FOR AFRICA
For necessary expenses to carry out the provisions
of chapter 10 of part I of the Foreign Assistance Act of
1961, $790,000,000, to remain available until September
30, 1996: Provided, That none of the funds appropriated
by this Act to carry out chapters 1 and 10 of part I of
the Foreign Assistance Act of 1961 shall be transferred
to the Government of Zaire: Provided further, That funds
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appropriated under this heading which are made available
for activities supported by the Southern Africa Develop-
ment Community shall be made available notwithstanding
section 512 of this Act and section 620(q) of the Foreign
Assistance Act of 1961.
PRIVATE AND VOLUNTARY ORGANIZATIONS
None of the funds appropriated or otherwise made
available by this Act for development assistance may be
made available to any United States private and voluntary
organization, except any cooperative development organi-
zation, which obtains less than 20 per centum of its total
annual funding for international activities from sources
other than the United States Government: Provided, That
the requirements of the provisions of section 123(g) of the
Foreign Assistance Act of 1961 and the provisions on pri-
vate and voluntary organizations in title II of the ‘‘Foreign
Assistance and Related Programs Appropriations Act,
1985’’ (as enacted in Public Law 98–473) shall be super-
seded by the provisions of this section.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster re-
lief, rehabilitation, and reconstruction assistance pursuant
to section 491 of the Foreign Assistance Act of 1961, as
amended, $169,998,000 to remain available until ex-
pended.
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DEBT RESTRUCTURING
For the cost, as defined in section 13201 of the
Budget Enforcement Act of 1990, of modifying direct
loans and loan guarantees, as the President may deter-
mine, for which funds have been appropriated or otherwise
made available for programs within the International Af-
fairs Budget Function 150, $7,000,000, to remain
available until expended: Provided, That it is the sense of
the Congress that a program should be developed to un-
dertake direct buy backs of bilateral debt from eligible
poor and lower-middle income countries with local cur-
rency offsets to fund development and environmental ac-
tivities, provided that such a program would have no budg-
etary impact. The Administration should consider how cre-
ative use of the sale of impaired Third World debts might
be used to lower debt overhangs and generate local cur-
rencies for development and environmental activities.
MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM
ACCOUNT
For the subsidy cost of direct loans and loan guaran-
tees, $1,500,000, as authorized by section 108 of the For-
eign Assistance Act of 1961, as amended: Provided, That
such costs shall be as defined in section 502 of the Con-
gressional Budget Act of 1974. In addition, for adminis-
trative expenses to carry out programs under this heading,
$500,000, all of which may be transferred to and merged
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with the appropriation for Operating Expenses of the
Agency for International Development.
HOUSING GUARANTY PROGRAM ACCOUNT
For the subsidy cost, as defined in section 13201 of
the Budget Enforcement Act of 1990, of guaranteed loans
authorized by sections 221 and 222 of the Foreign Assist-
ance Act of 1961, $19,300,000: Provided, That these
funds are available to subsidize loan principal, 100 percent
of which shall be guaranteed, pursuant to the authority
of such sections: Provided further, That the President shall
enter into commitments to guarantee such loans in the
full amount provided under this heading, subject to the
availability of qualified applicants for such guarantees. In
addition, for administrative expenses to carry out guaran-
teed loan programs, $8,000,000, all of which may be
transferred to and merged with the appropriation for Op-
erating Expenses of the Agency for International Develop-
ment: Provided further, That commitments to guarantee
loans under this heading may be entered into notwith-
standing the second and third sentences of section 222(a)
and, with regard to programs for Eastern Europe and pro-
grams for the benefit of South Africans disadvantaged by
apartheid, section 223(j) of the Foreign Assistance Act of
1961: Provided further, That none of the funds appro-
priated under this heading shall be obligated except
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through the regular notification procedures of the Com-
mittees on Appropriations.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY FUND
For payment to the ‘‘Foreign Service Retirement and
Disability Fund’’, as authorized by the Foreign Service
Act of 1980, $45,118,000.
OPERATING EXPENSES OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions
of section 667, $517,500,000: Provided, That of this
amount not more than $900,000 may be made available
to pay for printing costs.
OPERATING
EXPENSES
OF
THE
AGENCY
FOR
INTER-
NATIONAL
DEVELOPMENT
OFFICE
OF
INSPECTOR
GENERAL
For necessary expenses to carry out the provisions
of section 667, $39,118,000, which sum shall be available
for the Office of the Inspector General of the Agency for
International Development.
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions
of chapter 4 of part II, $2,339,000,000, to remain avail-
able until September 30, 1996: Provided, That any funds
appropriated under this heading that are made available
for Israel shall be made available on a grant basis as a
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cash transfer and shall be disbursed within thirty days of
enactment of this Act or by October 31, 1994, whichever
is later: Provided further, That any funds appropriated
under this heading that are made available for Egypt shall
be provided on a grant basis, of which sum cash transfer
assistance may be provided with the understanding that
Egypt will undertake significant economic reforms which
are additional to those which were undertaken in previous
fiscal years: Provided further, That in exercising the au-
thority to provide cash transfer assistance for Israel and
Egypt, the President shall ensure that the level of such
assistance does not cause an adverse impact on the total
level of nonmilitary exports from the United States to each
such country: Provided further, That it is the sense of the
Congress that the recommended levels of assistance for
Egypt and Israel are based in great measure upon their
continued participation in the Camp David Accords and
upon the Egyptian-Israeli peace treaty: Provided further,
That none of the funds appropriated under this heading
shall be made available for Zaire.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions
of part I of the Foreign Assistance Act of 1961, up to
$19,600,000, which shall be available for the United
States contribution to the International Fund for Ireland
and shall be made available in accordance with the provi-
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sions of the Anglo-Irish Agreement Support Act of 1986
(Public Law 99–415): Provided, That such amount shall
be expended at the minimum rate necessary to make time-
ly payment for projects and activities: Provided further,
That funds made available under this heading shall re-
main available until expended.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES
(a) For necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 and the Support
for East European Democracy (SEED) Act of 1989,
$360,000,000, to remain available until expended, which
shall be available, notwithstanding any other provision of
law, for economic assistance for Eastern Europe and the
Baltic States.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available
for an Enterprise Fund may be deposited by such Fund
in interest-bearing accounts prior to the Fund’s disburse-
ment of such funds for program purposes. The Fund may
retain for such program purposes any interest earned on
such deposits without returning such interest to the Treas-
ury of the United States and without further appropria-
tion by the Congress. Funds made available for Enterprise
Funds shall be expended at the minimum rate necessary
to make timely payment for projects and activities.
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(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available
the administrative authorities contained in that Act for
the use of economic assistance.
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF
THE FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions
of chapter 11 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for
the new independent states of the former Soviet Union
and for related programs, $875,500,000, to remain avail-
able until expended: Provided, That the provisions of
498B(j) of the Foreign Assistance Act of 1961 shall apply
to funds appropriated by this paragraph.
(b) None of the funds appropriated under this head-
ing shall be transferred to the Government of Russia—
(1) unless that Government is making progress
in implementing comprehensive economic reforms
based on market principles, private ownership, nego-
tiating repayment of commercial debt, respect for
commercial contracts, and equitable treatment of
foreign private investment; and
(2) if that Government applies or transfers
United States assistance to any entity for the pur-
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pose of expropriating or seizing ownership or control
of assets, investments, or ventures.
(c) Funds may be furnished without regard to sub-
section (b) if the President determines that to do so is
in the national interest.
(d) None of the funds appropriated under this head-
ing shall be made available to any government of the new
independent states of the former Soviet Union if that gov-
ernment directs any action in violation of the territorial
integrity or national sovereignty of any other new inde-
pendent state, such as those violations included in Prin-
ciple Six of the Helsinki Final Act: Provided, That such
funds may be made available without regard to the restric-
tion in this subsection if the President determines that
to do so is in the national interest of the United States:
Provided further, That the restriction of this subsection
shall not apply to the use of such funds for the provision
of assistance for purposes of humanitarian, disaster and
refugee relief: Provided further, That thirty days after the
date of enactment of this Act, and then annually there-
after, the Secretary of State shall report to the Commit-
tees on Appropriations on steps taken by the governments
of the new independent states concerning violations re-
ferred to in this subsection: Provided further, That in pre-
paring this report the Secretary shall consult with the
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United States Representative to the Conference on Secu-
rity and Cooperation in Europe.
(e) None of the funds appropriated under this head-
ing for the new independent states of the former Soviet
Union shall be made available for any state to enhance
its military capability: Provided, That this restriction does
not apply to demilitarization, defense conversion or non-
proliferation programs, or programs to support troop
withdrawal including through the support of an officer re-
settlement program, and technical assistance for the hous-
ing sector.
(f) Funds appropriated under this heading shall be
subject to the regular reprogramming procedures of the
Committees on Appropriations.
(g) Funds appropriated under this heading may be
made available for assistance for Mongolia.
(h) Funds made available in this Act for assistance
to the new independent states of the former Soviet Union
shall be provided to the maximum extent feasible through
the private sector, including private voluntary organiza-
tions and nongovernmental organizations functioning in
the new independent states.
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INDEPENDENT AGENCIES
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out the provisions
of title V of the International Security and Development
Cooperation Act of 1980, Public Law 96–533, and to
make such contracts and commitments without regard to
fiscal year limitations, as provided by section 9104, title
31, United States Code, $16,905,000: Provided, That,
when, with the permission of the President of the Founda-
tion, funds made available to a grantee under this heading
are invested pending disbursement, the resulting interest
is not required to be deposited in the United States Treas-
ury if the grantee uses the resulting interest for the pur-
pose for which the grant was made: Provided further, That
this provision applies with respect to both interest earned
before and interest earned after the enactment of this pro-
vision: Provided further, That notwithstanding section
505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the board of directors of the
Foundation may waive the dollar limitation contained in
that section with respect to a project: Provided further,
That the Foundation shall provide a report to the Com-
mittees on Appropriations after each time such waiver au-
thority is exercised.
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INTER-AMERICAN FOUNDATION
For expenses necessary to carry out the functions of
the Inter-American Foundation in accordance with the
provisions of section 401 of the Foreign Assistance Act
of 1969, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 9104, title 31, United States Code, $30,960,000.
PEACE CORPS
For expenses necessary to carry out the provisions
of the Peace Corps Act (75 Stat. 612), $219,745,000, in-
cluding the purchase of not to exceed five passenger motor
vehicles for administrative purposes for use outside of the
United States: Provided, That none of the funds appro-
priated under this heading shall be used to pay for abor-
tions: Provided further, That funds appropriated under
this heading shall remain available until September 30,
1996.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL
For necessary expenses to carry out the provisions
of section 481 of the Foreign Assistance Act of 1961,
$115,000,000.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary
to enable the Secretary of State to provide, as authorized
by law, a contribution to the International Committee of
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the Red Cross and assistance to refugees, including con-
tributions to the Intergovernmental Committee for Migra-
tion and the United Nations High Commissioner for Refu-
gees; salaries and expenses of personnel and dependents
as authorized by the Foreign Service Act of 1980; allow-
ances as authorized by sections 5921 through 5925 of title
5, United States Code; hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5,
United States Code, $670,688,000: Provided, That not
more than $11,500,000 of the funds appropriated under
this heading shall be available for the administrative ex-
penses of the Office of Refugee Programs of the Depart-
ment of State.
REFUGEE RESETTLEMENT ASSISTANCE
For necessary expenses for the targeted assistance
program authorized by title IV of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980 and administered by the Office of
Refugee Resettlement of the Department of Health and
Human Services, in addition to amounts otherwise avail-
able for such purposes, $12,000,000.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION
ASSISTANCE FUND
For necessary expenses to carry out the provisions
of section 2(c) of the Migration and Refugee Assistance
Act
of
1962,
as amended (22 U.S.C. 260(c)),
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$50,000,000, to remain available until expended: Pro-
vided, That the funds made available under this heading
are appropriated notwithstanding the provisions contained
in section 2(c)(2) of the Migration and Refugee Assistance
Act of 1962 which would limit the amount of funds which
could be appropriated for this purpose.
ANTI-TERRORISM ASSISTANCE
For necessary expenses to carry out the provisions
of chapter 8 of part II of the Foreign Assistance Act of
1961, $15,244,000.
NONPROLIFERATION AND DISARMAMENT FUND
For necessary expenses for a ‘‘Nonproliferation and
Disarmament Fund’’, $10,000,000, to remain available
until expended, to promote bilateral and multilateral ac-
tivities: Provided, That such funds may be used pursuant
to the authorities contained in section 504 of the FREE-
DOM Support Act: Provided further, That such funds may
also be used for such countries other than the new inde-
pendent states of the former Soviet Union and inter-
national organizations when it is in the national security
interest of the United States to do so: Provided further,
That funds appropriated under this heading may be made
available notwithstanding any other provision of law: Pro-
vided further, That funds appropriated under this heading
shall be subject to the regular notification procedures of
the Committees on Appropriations.
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TITLE III—MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions
of section 541 of the Foreign Assistance Act of 1961,
$25,500,000: Provided, That up to $300,000 of the funds
appropriated under this heading may be made available
for grant financed military education and training for any
country whose annual per capita GNP exceeds $2,349 on
the condition that that country agrees to fund from its
own resources the transportation cost and living allow-
ances of its students: Provided further, That the civilian
personnel for whom military education and training may
be provided under this heading may also include members
of national legislatures who are responsible for the over-
sight and management of the military: Provided further,
That none of the funds appropriated under this heading
shall be available for Indonesia and Zaire: Provided fur-
ther, That none of the funds appropriated by this Act shall
be used to facilitate the provision of IMET to Indonesia:
Provided further, That a report is to be submitted to the
Committees on Appropriations addressing how the pro-
posed School of the Americas IMET program will contrib-
ute to the promotion of human rights, respect for civilian
authority and the rule of law, the establishment of legiti-
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mate judicial mechanisms for the military, and achieving
the goal of right sizing military forces.
For necessary expenses, for the military-to-military
contact program of the Department of Defense,
$12,000,000, to be made available only for activities for
East European countries and the Baltic States.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the
President to carry out the provisions of section 23 of the
Arms Export Control Act, $3,149,279,000: Provided, That
funds appropriated by this paragraph that are made avail-
able for Israel and Egypt shall be available only as grants:
Provided further, That the funds appropriated by this
paragraph that are made available for Israel shall be dis-
bursed within thirty days of enactment of this Act or by
October 31, 1994, whichever is later: Provided further,
That funds made available under this paragraph shall be
nonrepayable notwithstanding any requirement in section
23 of the Arms Export Control Act.
For the cost, as defined in section 13201 of the
Budget Enforcement Act of 1990, of direct loans author-
ized by section 23 of the Arms Export Control Act as fol-
lows: cost of direct loans, $47,917,000: Provided, That
these funds are available to subsidize gross obligations for
the principal amount of direct loans of not to exceed
$619,650,000: Provided further, That the rate of interest
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ices that are not sold by the United States Government
under the Arms Export Control Act unless the foreign
country proposing to make such procurements has first
signed an agreement with the United States Government
specifying the conditions under which such procurements
may be financed with such funds: Provided, That all coun-
try and funding level increases in allocations shall be sub-
mitted through the regular notification procedures of sec-
tion 515 of this Act: Provided further, That funds made
available under this heading shall be obligated upon appor-
tionment in accordance with paragraph (5)(C) of title 31,
United States Code, section 1501(a): Provided further,
That none of the funds appropriated under this heading
shall be available for Zaire, Sudan, Liberia, Guatemala,
Peru, and Malawi: Provided further, That none of the
funds appropriated under this heading may be made avail-
able for Colombia or Bolivia until the Secretary of State
certifies that such funds will be used by such country pri-
marily for counternarcotics activities: Provided further,
That not more than $100,000,000 of the funds made
available under this heading shall be available for use in
financing the procurement of defense articles, defense
services, or design and construction services that are not
sold by the United States Government under the Arms
Export Control Act to countries other than Israel and
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Egypt: Provided further, That only those countries for
which assistance was justified for the ‘‘Foreign Military
Sales Financing Program’’ in the fiscal year 1989 con-
gressional presentation for security assistance programs
may utilize funds made available under this heading for
procurement of defense articles, defense services or design
and construction services that are not sold by the United
States Government under the Arms Export Control Act:
Provided further, That, subject to the regular notification
procedures of the Committees on Appropriations, funds
made available under this heading for the cost of direct
loans may also be used to supplement the funds available
under this heading for necessary expenses for grants if
countries specified under this heading as eligible for such
direct loans decline to utilize such loans: Provided further,
That funds appropriated under this heading shall be ex-
pended at the minimum rate necessary to make timely
payment for defense articles and services: Provided fur-
ther, That the Department of Defense shall conduct dur-
ing the current fiscal year nonreimbursable audits of pri-
vate firms whose contracts are made directly with foreign
governments and are financed with funds made available
under this heading (as well as subcontractors thereunder)
as requested by the Defense Security Assistance Agency:
Provided further, That not more than $22,150,000 of the
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funds appropriated under this heading may be obligated
for necessary expenses, including the purchase of pas-
senger motor vehicles for replacement only for use outside
of the United States, for the general costs of administer-
ing military assistance and sales: Provided further, That
not more than $335,000,000 of funds realized pursuant
to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department
of Defense during the fiscal year 1994 pursuant to section
43(b) of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular notifi-
cation procedures of the Committees on Appropriations:
Provided further, That none of the funds appropriated
under this heading, and no employee of the Defense Secu-
rity Assistance Agency, may be used to facilitate the
transport of aircraft to commercial arms sales shows.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions
of section 551 of the Foreign Assistance Act of 1961,
$75,000,000.
TITLE IV—EXPORT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of
funds and borrowing authority available to such corpora-
tion, and in accordance with law, and to make such con-
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tracts and commitments without regard to fiscal year limi-
tations, as provided by section 104 of the Government
Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such cor-
poration: Provided, That none of the funds available dur-
ing the current fiscal year may be used to make expendi-
tures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country other than
a nuclear-weapon State as defined in article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligi-
ble to receive economic or military assistance under this
Act that has detonated a nuclear explosive after the date
of enactment of this Act.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insur-
ance, and tied-aid grants as authorized by section 10 of
the Export-Import Bank Act of 1945, as amended,
$792,653,000 to remain available until September 30,
1996: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided fur-
ther, That these funds are available to subsidize gross obli-
gations for the principal amount of direct loans, and tied-
aid grants, and total loan principal, any part of which is
to be guaranteed, including insurance, of not to exceed
$19,000,000,000: Provided further, That such sums shall
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remain available until 2010 for the disbursement of direct
loans, loan guarantees, insurance and tied-aid grants obli-
gated in fiscal years 1995 and 1996: Provided further,
That up to $100,000,000 of funds appropriated by this
paragraph shall remain available until expended and may
be used for tied-aid grant purposes: Provided further, That
none of the funds appropriated by this paragraph may be
used for tied-aid credits or grants except through the regu-
lar notification procedures of the Committees on Appro-
priations: Provided further, That funds appropriated by
this paragraph are made available notwithstanding section
2(b)(2) of the Export-Import Bank Act of 1945, in con-
nection with the purchase or lease of any product by any
East European country, any Baltic State, or any agency
or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct
and guaranteed loan and insurance programs (to be com-
puted on an accrual basis), including hire of passenger
motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $20,000 for official reception and
representation expenses for members of the Board of Di-
rectors, $44,550,000: Provided, That necessary expenses
(including special services performed on a contract or fee
basis, but not including other personal services) in connec-
tion with the collection of moneys owed the Export-Import
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Bank, repossession or sale of pledged collateral or other
assets acquired by the Export-Import Bank in satisfaction
of moneys owed the Export-Import Bank, or the investiga-
tion or appraisal of any property, or the evaluation of the
legal or technical aspects of any transaction for which an
application for a loan, guarantee or insurance commitment
has been made, shall be considered nonadministrative ex-
penses for the purposes of this heading.
OVERSEAS PRIVATE INVESTMENT CORPORATION
PROGRAM ACCOUNT
For the subsidy cost as defined in section 13201 of
the Budget Enforcement Act of 1990, of direct and guar-
anteed loans authorized by section 234 of the Foreign As-
sistance Act of 1961, as follows: cost of direct and guaran-
teed 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.
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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.
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.
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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
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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-
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tions to Cuba, Iraq, Libya, the Socialist Republic of Viet-
nam, Iran, Serbia, Sudan, or Syria: Provided, That for
purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance
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.
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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.
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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
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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-
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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,
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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-
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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
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training’’ (including the military-to-military contact pro-
gram), ‘‘Inter-American Foundation’’, ‘‘African Develop-
ment Foundation’’, ‘‘Peace Corps’’, or ‘‘Migration and ref-
ugee assistance’’, shall be available for obligation for ac-
tivities, 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
Appropriations Committees of both Houses of Congress
are previously notified fifteen days in advance: Provided,
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 vehicles, not previously justified to
Congress or 20 per centum in excess of the quantities jus-
tified to Congress unless the Committees on Appropria-
tions are notified fifteen days in advance of such commit-
ment: 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 pre-
viously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year:
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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 Appropriations 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 committees, 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 neces-
sitating such waiver: Provided further, That any notifica-
tion provided pursuant to such a waiver shall contain an
explanation of the emergency 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,
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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 Committees on Appropriations, funds appropriated
under this Act or any previously enacted Act making ap-
propriations for foreign operations, export financing, and
related programs, which are returned or not made avail-
able for organizations and programs because of the imple-
mentation 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.
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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
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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.
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SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated in this Act
shall be obligated or expended for Colombia, El Salvador,
Guatemala, Haiti, Indonesia, Liberia, Nicaragua, Paki-
stan, Peru, Rwanda, Sudan, or Zaire except as provided
through the regular notification procedures of the Com-
mittees on Appropriations: 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 Sal-
vador 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,
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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
applicable to any United States Government agency dur-
ing the period of detail or assignment: Provided further,
That funds appropriated by this Act that are made avail-
able for child survival activities or activities relating to re-
search on, and the treatment and control of, acquired im-
mune deficiency syndrome may be made available notwith-
standing any provision of law that restricts assistance to
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foreign countries: Provided further, That funds appro-
priated by this Act that are made available for family
planning activities may be made available notwithstanding
section 512 of this Act and section 620(q) of the Foreign
Assistance Act of 1961.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES
SEC. 523. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
to finance indirectly any assistance or reparations to
Cuba, Iraq, Libya, the Socialist Republic of Vietnam,
Iran, Syria, North Korea, People’s Republic of China, or
Laos unless the President of the United States certifies
that the withholding of these funds is contrary to the na-
tional interest of the United States.
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-
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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 subject to section 10 of Public
Law 91–672 and section 15 of the State Department
Basic Authorities Act of 1956.
DEPLETED URANIUM
SEC. 527. None of the funds provided in this or any
other Act may be made available to facilitate in any way
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.
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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
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to provide financing to Israel and Egypt and NATO and
major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not in-
cluding Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian applica-
tion), if the President determines that there are compel-
ling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather
than by government-to-government sale under such Act.
COMPETITIVE INSURANCE
SEC. 531. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States marine insurance companies have a fair op-
portunity to bid for marine insurance when such insurance
is necessary or appropriate.
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.
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PROHIBITION ON LEVERAGING AND DIVERSION OF
UNITED STATES ASSISTANCE
SEC. 533. (a) None of the funds appropriated by this
Act may be provided to any foreign government (including
any instrumentality or agency thereof), foreign person, or
United States person in exchange for that foreign govern-
ment or person undertaking any action which is, if carried
out by the United States Government, a United States of-
ficial or employee, expressly prohibited by a provision of
United States law.
(b) For the purposes of this section the term ‘‘funds
appropriated by this Act’’ includes only (1) assistance of
any kind under the Foreign Assistance Act of 1961; and
(2) credits, and guaranties under the Arms Export Con-
trol Act.
(c) Nothing in this section shall be construed to
limit—
(1) the ability of the President, the Vice Presi-
dent, or any official or employee of the United
States to make statements or otherwise express their
views to any party on any subject;
(2) the ability of an official or employee of the
United States to express the policies of the Presi-
dent; or
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(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
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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
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(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).
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(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.
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(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
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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-
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ance to any country that is not in compliance with the
United Nations Security Council sanctions against Iraq
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 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 Iraq, and is
consistent with the national interest, the President may
prohibit, for such a period of time as he considers appro-
priate, the importation into the United States of any or
all products of any foreign country that has not prohib-
ited—
(1) the importation of products of Iraq into its
customs territory, and
(2) the export of its products to Iraq.
POW/MIA MILITARY DRAWDOWN
SEC. 539. (a) Notwithstanding any other provision
of law, the President may direct the drawdown, without
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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 Cambodia and Laos, under subsection (a)
as the President determines are necessary to support ef-
forts to locate and repatriate members of the United
States Armed Forces and civilians employed directly or in-
directly by the United States Government who remain un-
accounted 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 De-
partment of Defense-sponsored humanitarian projects as-
sociated 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 not-
withstanding 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 identi-
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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-
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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
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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-
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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
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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 transfer to the
government of that nation, without reimbursement, de-
fense articles from the stocks of the Department of De-
fense 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
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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.
(e) If the President determines that doing so will con-
tribute to a just resolution of charges regarding genocide
or other violations of international law in the former Yugo-
slavia, the authority of section 552(c) of the Foreign As-
sistance 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 regard to
the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this sub-
section shall be in lieu of any determinations otherwise
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
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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 Cambodian organi-
zation that he determines is cooperating, tactically or stra-
tegically, with the Khmer Rouge in their military oper-
ations.
(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 warming: Provided, That
such assistance shall be subject to sections 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
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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
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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-
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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.
(b) 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 (a)(1) for
Bolivia, Colombia and Peru and subsection (a)(2) may be
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made available notwithstanding section 534(c) and the
second sentence of section 534(e) of the Foreign Assist-
ance 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-
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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-
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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
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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. 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 defense articles to
countries for which United States foreign assistance has
been requested and for which receipt of such articles was
separately justified for the fiscal year, without regard to
the restrictions in subsection (a) of section 519.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 554. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
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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.
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(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—
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(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.
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(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—
(1) the prosecution of any individual identified
as part of a terrorist/kidnapping ring by the inves-
tigation of issues raised by the discovery, after the
May 23 explosion in Managua, of weapons caches,
false passports, identity papers and other docu-
ments, suggesting the existence of such a ring, in-
cluding all government officials (including any mem-
bers of the armed forces or security forces);
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(2) the resolution of expropriation claims and
the effective compensation of legitimate claims;
(3) the timely implementation of recommenda-
tions made by the Tripartite Commission as it un-
dertakes to review and identify those responsible for
gross human rights violations, including the expedi-
tious prosecution of individuals identified by the
commission in connection with such violations;
(4) the enactment into law of legislation to re-
form the Nicaraguan military and security forces in
order to guarantee civilian control over the armed
forces;
(5) the establishment of civilian control over the
police, and the independence of the police from the
military; and
(6) the effective reform of the Nicaraguan judi-
cial 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.
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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.
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.
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SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 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
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.
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(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
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.
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.
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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-
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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-
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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 Gaza unless
the President determines that it is in the national interest
to do so and so reports to the Congress.
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.
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(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.
IMPLEMENTATION 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
‘‘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.
RESTRICTIONS ON ASSISTANCE TO RUSSIA
SEC. 568. (a) RESTRICTION.—None of the funds ap-
propriated or otherwise made available by this Act may
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be obligated for assistance for the Government of Russia
after December 31, 1994, unless it 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.
(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, and Lithuania.
(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.
ADDITIONAL LIMITATION ON FUNDS TO ENSURE IMPLE-
MENTATION OF WAPENHANS REPORT RECOMMENDA-
TIONS
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-
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tions and the Committee on Foreign Relations of the
Senate; and
(3) complies with the regular notification proce-
dures of the Committee on Appropriations.
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 a notice describing the state-
ment made in subsection (a) by the Congress.
This Act may be cited as the ‘‘Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 1995’’.
Passed the House of Representatives May 25, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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