H. R. 2295—12
For the cost, as defined in section 13201 of the Budget Enforce-
ment Act of 1990, of direct loans authorized by section 23 of the
Arms Export Control Act as follows: cost of direct loans,
$46,530,000: Provided, That these funds are available to subsidize
gross obligations for the principal amount of direct loans of not
to exceed $769,500,000: Provided further, That the rate of interest
charged on such loans shall be not less than the current average
market yield on outstanding marketable obligations of the United
States of comparable maturities: Provided further, That funds
appropriated under this heading shall be made available for Greece,
Portugal, and Turkey only on a loan basis, and the principal amount
of direct loans for each country shall not exceed the following:
$283,500,000 only for Greece, $81,000,000 only for Portugal, and
$405,000,000 only for Turkey.
None of the funds made available under this heading shall
be available to finance 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 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 country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided further,
That funds made available under this heading shall be obligated
upon apportionment 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 not more than $100,000,000 of the funds made avail-
able 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 Egypt: Provided further, That only those countries
for which assistance was justified for the ‘‘Foreign Military Sales
Financing Program’’ in the fiscal year 1989 congressional presen-
tation 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 notifica-
tion 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 expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That
the Department of Defense shall conduct during the current fiscal
year nonreimbursable audits of private 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 $23,558,000 of the
funds appropriated under this heading may be obligated for nec-
H. R. 2295—13
essary expenses, including the purchase of passenger motor vehicles
for replacement only for use outside of the United States, for the
general costs of administering military assistance and sales: Pro-
vided further, That not more than $290,000,000 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 notification procedures of the
Committees on Appropriations: Provided further, That none of the
funds appropriated under this heading, and no employee of the
Defense Security Assistance Agency, may be used to facilitate the
transport of aircraft to commercial arms sales shows.
SPECIAL DEFENSE ACQUISITION FUND
Notwithstanding section 51 of the Arms Export Control Act,
collections in excess of obligational authority provided in prior
appropriations Acts shall be deposited in the Treasury as mis-
cellaneous receipts: Provided, That notwithstanding any provision
of Public Law 102–391, not to exceed $160,000,000 of the
obligational authority provided in that Act under the heading ‘‘Spe-
cial Defense Acquisition Fund’’ may be obligated pursuant to section
51(c)(2) of the Arms Export Control Act.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $75,623,000.
NONPROLIFERATION AND DISARMAMENT FUND
For necessary expenses for a ‘‘Nonproliferation and Disar-
mament Fund’’, $10,000,000, to remain available until expended,
to promote bilateral and multilateral activities: Provided, That such
funds may be used pursuant to the authorities contained in section
504 of the FREEDOM Support Act: Provided further, That such
funds may also be used for such countries other than the new
independent states of the former Soviet Union and international
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: Provided further, That funds appropriated
under this heading shall be subject to the regular notification
procedures of the Committees on Appropriations.
TITLE IV—EXPORT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 104 of the Govern-
ment Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the current
fiscal year may be used to make expenditures, contracts, or commit-
H. R. 2295—14
ments 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
eligible 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, insurance, and
tied-aid grants as authorized by section 10 of the Export-Import
Bank Act of 1945, as amended, $1,000,000,000 to remain available
until September 30, 1995: 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 further,
That such sums shall remain available until 2009 for the disburse-
ment of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 1994 and 1995: Provided further, That
up to $50,000,000 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 appro-
priated by this paragraph may be used for tied-aid credits or grants
except through the regular notification procedures of the Commit-
tees on Appropriations: 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 connection 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 guaran-
teed loan and insurance programs (to be computed 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 Directors, $45,369,000: Provided, That necessary expenses
(including special services performed on a contract or fee basis,
but not including other personal services) in connection with the
collection of moneys owed the Export-Import 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 investigation 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 expenses
for the purposes of this heading.
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, $40,000,000.
H. R. 2295—15
TITLE V—GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled ‘‘International
Disaster Assistance’’, and ‘‘United States Emergency Refugee and
Migration Assistance Fund’’, not more than 15 per centum of any
appropriation item made available by this Act shall be obligated
during the last month of availability.
PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS
SEC. 502. None of the funds contained in title II of this Act
may be used to carry out the provisions of section 209(d) of the
Foreign Assistance Act of 1961.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made available pursuant
to this Act, not to exceed $126,500 shall be for official residence
expenses of 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.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made available 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 available pursuant
to this Act, not to exceed $95,000 shall be available for representa-
tion allowances for the Agency for International Development dur-
ing 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: Pro-
vided 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 entertainment expenses and not to
exceed $50,000 shall be available for representation allowances:
Provided further, That of the funds made available by this Act
under the heading ‘‘International Military Education and Training’’,
not to exceed $50,000 shall be available for entertainment allow-
ances: 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: Pro-
vided 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 entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ‘‘Trade and Develop-
ment Agency’’, not to exceed $2,000 shall be available for representa-
tion and entertainment allowances.
H. R. 2295—16
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made available
(other than funds for ‘‘International Organizations and Programs’’)
pursuant to this Act, for carrying out the Foreign Assistance Act
of 1961, may be used, except 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 otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Iraq, Libya,
the Socialist Republic of Vietnam, Iran, Serbia, Sudan, or Syria:
Provided, That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans, credits, insur-
ance and guarantees of the Export-Import Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to any country whose duly elected
Head of Government is deposed by military coup or decree: Pro-
vided, That assistance may be resumed to such country if the
President determines and reports to the Committees on Appropria-
tions that subsequent to the termination of assistance a democrat-
ically 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 Foreign Assistance Act of 1961
to transfer funds, consults with and provides a written policy jus-
tification to the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That the exercise of
such authority shall be subject to the regular notification procedures
of the Committees on Appropriations.
DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. (a) Amounts certified pursuant to section 1311 of
the Supplemental Appropriations Act, 1955, as having been obli-
gated against appropriations heretofore made under the authority
of the Foreign Assistance Act of 1961 for the same general purpose
as any of the headings under the ‘‘Agency for International Develop-
ment’’ are, if deobligated, hereby continued available for the same
period as the respective appropriations under such headings or
until September 30, 1994, whichever is later, and for the same
general purpose, and for countries within the same region as origi-
nally obligated: Provided, That the Appropriations Committees of
both Houses of the Congress are notified fifteen days in advance
of the deobligation and reobligation of such funds in accordance
with regular notification procedures of the Committees on Appro-
priations.
(b) Obligated balances of funds appropriated to carry out section
23 of the Arms Export Control Act as of the end of the fiscal
H. R. 2295—17
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.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act: Pro-
vided, 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 expended if such funds are initially obligated before the expira-
tion 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 allocated or obligated for cash disbursements
in order to address balance of payments or economic policy reform
objectives, 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 disbursement for balance of payment and economic policy
reform purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in this Act
shall be used to furnish assistance to any country which is in
default during a period in excess of one calendar 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 during
the current fiscal year for Nicaragua, and for any narcotics-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 expended to finance any loan, any assistance or any
other financial commitments for establishing or expanding produc-
tion 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 productive 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
Export-Import Bank if in the judgment of its Board of Directors
the benefits to industry and employment in the United States
H. R. 2295—18
are likely to outweigh the injury to United States producers of
the same, similar, or competing commodity.
(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 introduction, consultancy, publica-
tion, 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
produced in the United States: Provided, That this subsection shall
not prohibit—
(1) activities designed to increase food security in develop-
ing countries where such activities will not have a significant
impact in the export of agricultural commodities of the United
States; or
(2) research activities intended primarily to benefit Amer-
ican producers.
(c) None of the funds provided in this Act to the Agency for
International Development, other than funds made available to
carry out Caribbean Basin Initiative programs under the Tariff
Schedules of the United States, section 1202 of title 19, United
States Code, schedule 8, part I, subpart B, item 807.00, shall
be obligated or expended—
(1) to procure directly feasibility studies or prefeasibility
studies for, or project profiles of potential investment in, the
manufacture, for export to the United States or to third country
markets in direct competition with United States exports, of
import-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 facilities specifi-
cally designed for the manufacture, for export to the United
States or to third country markets in direct competition with
United States exports, of import-sensitive articles as defined
in section 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 instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-Amer-
ican Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corpora-
tion, the African Development Bank, and the African Development
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 commodity or mineral for export, if it is in surplus on
world markets and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the Executive Branch
with the necessary administrative flexibility, none of the funds
made available under this Act for ‘‘Development Assistance Fund’’,
H. R. 2295—19
‘‘Population, Development Assistance’’, ‘‘Development Fund for
Africa’’, ‘‘International organizations and programs’’, ‘‘Trade and
Development Agency’’, ‘‘International narcotics control’’, ‘‘Assistance
for Eastern Europe and the Baltic States’’, ‘‘Assistance for the
New Independent States of the Former Soviet Union’’, ‘‘Economic
Support Fund’’, ‘‘Peacekeeping operations’’, ‘‘Operating expenses of
the Agency for International Development’’, ‘‘Operating expenses
of the Agency for International Development Office of Inspector
General’’, ‘‘Anti-terrorism assistance’’, ‘‘Foreign Military Financing
Program’’, ‘‘International military education and training’’, ‘‘Inter-
American Foundation’’, ‘‘African Development Foundation’’, ‘‘Peace
Corps’’, or ‘‘Migration and refugee assistance’’, shall be available
for obligation for activities, programs, projects, type of materiel
assistance, countries, or other operation not justified or in excess
of the amount justified to the Appropriations Committees for obliga-
tion 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 justified to Congress unless
the Committees on Appropriations are notified fifteen days in
advance of such commitment: Provided further, That this section
shall not apply to any reprogramming for an activity, program,
or project under chapter 1 of part I of the Foreign Assistance
Act of 1961 of less than 20 per centum of the amount previously
justified to the Congress for obligation for such activity, program,
or project for the current fiscal year: Provided further, That the
requirements of this section or any similar provision of this Act
requiring notification in accordance with the regular notification
procedures of the Committees on 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 cir-
cumstances necessitating such waiver: Provided further, That any
notification 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 Appropriations.
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 Organiza-
tions and Programs’’ shall be available for the United States propor-
tionate share for any programs for the Palestine Liberation
Organization (or for projects whose purpose is to provide benefits
to the Palestine Liberation Organization or entities associated with
it), Libya, Iran, or, at the discretion of the President, Communist
countries listed in section 620(f) of the Foreign Assistance Act
H. R. 2295—20
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
appropriations for foreign operations, export financing, and related
programs, which are returned or not made available for organiza-
tions and programs because of the implementation of this section
or any similar provision of law, shall remain available for obligation
through September 30, 1995.
(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 Nations grants
full membership as a state in the United Nations to any
organization or group that does not have the internationally
recognized attributes of statehood,
during any period in which such membership is effective.
(c) Subsection (a) shall cease to have effect during fiscal year
1994 with respect to the Palestine Liberation Organization (P.L.O.),
programs for the P.L.O., and programs for the benefit of entities
associated with it which accept the commitments made by the
P.L.O. on September 9, 1993 if the President determines and notifies
Congress that to do so is in the national interest: Provided, That
subsection (a) shall resume full force and effect if at any time
during fiscal 1994 the President determines and so notifies Congress
that the P.L.O. has ceased to comply with the commitments it
made on September 9, 1993, or the Congress, by joint resolution,
determines that the P.L.O. has ceased to comply with the commit-
ments it made on September 9, 1993.
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 Congress 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. Furthermore,
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 principal) from Israel
to the United States Government in recognition that such a prin-
ciple serves United States interests 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 abortions as a method of family
planning or to motivate or coerce any person to practice abortions.