H. R. 4426—39
(c) The authority of section 516 of the Foreign Assistance Act
of 1961, as amended, may be used in fiscal year 1995 to provide
defense articles to Jordan, except that the provision of such defense
articles shall be subject to section 538 of this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 554. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the
United States not authorized before the date of enactment of this
Act by the Congress.
DISADVANTAGED ENTERPRISES
SEC. 555. (a) Except to the extent that the Administrator of
the Agency for International Development determines otherwise,
not less than 10 percent of the aggregate amount made available
for the current fiscal year for the ‘‘Development Assistance Fund’’,
‘‘Population, Development Assistance’’, and the ‘‘Development Fund
for Africa’’ shall be made available only for activities of United
States organizations and individuals that are—
(1) business concerns owned and controlled by socially and
economically disadvantaged individuals,
(2) historically black colleges and universities,
(3) colleges and universities having a student body in which
more than 40 per centum of the students are Hispanic Amer-
ican, and
(4) private voluntary organizations which are controlled
by individuals who are socially and economically disadvantaged.
(b)(1) In addition to other actions taken to carry out this section,
the actions described in paragraphs (2) through (5) shall be taken
with respect to development assistance and assistance for sub-
Saharan Africa for the current fiscal year.
(2) Notwithstanding any other provision of law, in order to
achieve the goals of this section, the Administrator—
(A) to the maximum extent practicable, shall utilize the
authority of section 8(a) of the Small Business Act (15 U.S.C.
637(a));
(B) to the maximum extent practicable, shall enter into
contracts with small business concerns owned and controlled
by socially and economically disadvantaged individuals, and
organizations contained in paragraphs (2) through (4) of sub-
section (a)—
(i) using less than full and open competitive procedures
under such terms and conditions as the Administrator
deems appropriate, and
(ii) using an administrative system for justifications
and approvals that, in the Administrator’s discretion, may
best achieve the purpose of this section; and
(C) shall issue regulations to require that any contract
in excess of $500,000 contain a provision requiring that no
less than 10 per centum of the dollar value of the contract
be subcontracted to entities described in subsection (a), except—
(i) to the extent the Administrator determines other-
wise on a case-by-case or category-of-contract basis; and
(ii) this subparagraph does not apply to any prime
contractor that is an entity described in subsection (a).
H. R. 4426—40
(3) Each person with contracting authority who is attached
to the Agency’s headquarters in Washington, as well as all Agency
missions and regional offices, shall notify the Agency’s Office of
Small and Disadvantaged Business Utilization at least seven busi-
ness days before advertising a contract in excess of $100,000, except
to the extent that the Administrator determines otherwise on a
case-by-case or category-of-contract basis.
(4) The Administrator shall include, as part of the performance
evaluation of any mission director of the agency, the mission direc-
tor’s efforts to carry out this section.
(5) The Administrator shall submit to the Congress annual
reports on the implementation of this section. Each such report
shall specify the number and dollar value or amount (as the case
may be) of prime contracts, subcontracts, grants, and cooperative
agreements awarded to entities described in subsection (a) during
the preceding fiscal year.
(c) As used in this section, the term ‘‘socially and economically
disadvantaged individuals’’ has the same meaning that term is
given for purposes of section 8(d) of the Small Business Act, except
that the term includes women.
USE OF AMERICAN RESOURCES
SEC. 556. To the maximum extent possible, assistance provided
under this Act should make full use of American resources, includ-
ing 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 notification, in writing, by the
Secretary of State to the appropriate committees that he has deter-
mined 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 investigation of issues
raised by the discovery, after the May 23, 1993, explosion
in Managua, of weapons caches, false passports, identity papers
and other documents, suggesting the existence of such a ring,
including all government officials (including any members of
the armed forces or security forces);
(2) the resolution of expropriation claims and the effective
compensation of legitimate claims;
(3) the timely implementation of recommendations made
by the Tripartite Commission as it undertakes to review and
identify those responsible for gross human rights violations,
including the expeditious prosecution of individuals identified
by the commission in connection with such violations;
(4) the enactment into law of legislation to reform 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 judicial system.
(b) The notification pursuant to subsection (a) above shall
include a detailed listing of the tangible evidence that forms the
basis for such determination.
H. R. 4426—41
(c) For purposes of this section, the term ‘‘appropriate com-
mittees’’ means the Committees on Foreign Relations and Appro-
priations of the Senate and Committees on Foreign Affairs and
Appropriations of the House of Representatives.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 558. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance Act
of 1961, may be used to pay in whole or in part any assessments,
arrearages, or dues of any member of the United Nations.
CONSULTING SERVICES
SEC. 559. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant 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
pursuant 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 private voluntary
organization which fails to provide upon timely request any docu-
ment, 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 organization which is not registered with the Agency
for International Development.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 561. (a) AUTHORITY TO REDUCE DEBT.—The President
may reduce amounts owed to the United States (or any agency
of the United States) by an eligible country as a result of—
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961; or
(2) credits extended or guarantees issued under the Arms
Export Control Act.
(b) LIMITATIONS.—
(1) The authority provided by subsection (a) may be exer-
cised only to implement multilateral official debt relief and
referendum agreements, commonly referred to as ‘‘Paris Club
Agreed Minutes’’.
(2) The authority provided by subsection (a) may be exer-
cised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be exer-
cised 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.
(c) CONDITIONS.—The authority provided by subsection (a) may
be exercised only with respect to a country whose government—
H. R. 4426—42
(1) does not have an excessive level of military expendi-
tures;
(2) has not repeatedly provided support for acts of inter-
national terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of inter-
nationally recognized human rights; and
(5) is not ineligible for assistance because of the application
of section 527 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
(d) AVAILABILITY OF FUNDS.—The authority provided by sub-
section (a) may be used only with regard to funds appropriated
by this Act under the heading ‘‘Debt Restructuring’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
purposes of any provision of law limiting assistance to a country.
The authority provided by subsection (a) may be exercised notwith-
standing section 620(r) of the Foreign Assistance Act of 1961.
GUARANTEES
SEC. 562. Section 251(b)(2)(G) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking
‘‘1994’’ and inserting in lieu thereof ‘‘1994 and 1995’’ in both places
that this appears.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EX-
PORT
LETHAL
MILITARY
EQUIPMENT
TO
COUNTRIES
SUPPORTING
INTERNATIONAL TERRORISM
SEC. 563. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign govern-
ment which provides lethal military equipment to a country the
government of which the Secretary of State has determined is
a terrorist government for purposes of section 40(d) of the Arms
Export Control Act. The prohibition under this section with respect
to a foreign government shall terminate 12 months after that
government 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 exercised, the
President shall submit to the appropriate congressional committees
a report with respect to the furnishing of such assistance. Any
such report shall include a detailed explanation of the assistance
to be provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.