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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 appropriated
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 1994 to provide nonlethal excess defense articles to
countries for which United States foreign assistance has
been requested and for which receipt of such articles was
separately justified for the fiscal year, without regard to
the restrictions in subsection (a) of section 519.
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, Development
Assistance’’, and the ‘‘Development Fund for Africa’’ shall
be made available only for activities of United States orga-
nizations 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 uti-
lize the authority of section 8(a) of the Small Busi-
ness 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 competitive
procedures under such terms and conditions 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 purpose
of this section; and
(C) shall issue regulations to require that any
contract in excess of $500,000 contain a provision re-
quiring that no less than 10 per centum of the dollar
value of the contract be subcontracted to entities de-
scribed 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 notify the
Agency’s Office of Small and Disadvantaged Business Utili-
zation at least seven business days before advertising a con-
tract 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 per-
formance evaluation of any mission director of the agency,
the mission director’s efforts to carry out this section.
(5) The Administrator shall submit to the Congress an-
nual 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 fis-
cal year.
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(c) As used in this section, the term ‘‘socially and eco-
nomically disadvantaged individuals’’ has the same mean-
ing 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, 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 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;