H. R. 4426
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
Making appropriations for foreign operations, export financing, and related programs
for the fiscal year ending September 30, 1995, and making supplemental appropria-
tions for such programs for the fiscal year ending September 30, 1994, and
for other purposes.
Be it enacted by the Senate and House of Representatives 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 foreign operations, export financing,
and related programs for the fiscal year ending September 30,
1995, and for other purposes, namely:
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 Reconstruction and
Development by the Secretary of the Treasury, for the United
States share of the paid-in share portion of the increases in capital
stock for the General Capital Increase, $23,009,101, to remain
available until expended: Provided, That one quarter of such funds
may be obligated only after April 1, 1995: Provided further, That
one quarter of such funds may be obligated only after September
1, 1995: Provided further, That not more than twenty-one days
prior to the obligation of each such sum, the Secretary shall submit
a certification to the Committees on Appropriations that the Bank
has not approved any loans to Iran since October 1, 1994, or
the President of the United States certifies that withholding of
these funds is contrary to the national interest of the United States.
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 Reconstruction and
Development by the Secretary of the Treasury, for the United
States contribution to the Global Environment Facility (GEF),
$90,000,000, to remain available until expended.
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CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association 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 Corporation 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: Provided, That of the amount appropriated under
this heading 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 Investment
Corporation, $190,000, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Inter-American Development
Bank may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital stock
in an amount not to exceed $1,594,568,180.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United
States contribution to the Fund to be administered by the Inter-
American Development Bank, $75,000,000 to remain available until
expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increases in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended (Public Law 89–369), $167,960,000, to remain available
until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For payment to the African Development Fund by the Secretary
of the Treasury, $124,229,309, for the United States contribution
to the African Development Fund, to remain available until
expended.
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CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary
of the Treasury, for the paid-in share portion of the United States
share of the increase in capital stock, $133,000, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an
amount not to exceed $2,002,540.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND
DEVELOPMENT
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $69,180,353, for
the United States share of the paid-in share portion of the initial
capital subscription, to remain available until expended: Provided,
That of the amount appropriated under this heading not more
than $7,002,000 may be expended for the purchase of such stock
in fiscal year 1995.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without 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.
CONTRIBUTION TO THE ENHANCED STRUCTURAL ADJUSTMENT
FACILITY OF THE INTERNATIONAL MONETARY FUND
For payment to the Interest Subsidy Account of the Enhanced
Structural Adjustment Facility of the International Monetary Fund,
$25,000,000, to remain available until expended.
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,
$374,000,000: 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 appro-
priated under this heading may be made available for the Inter-
national Atomic Energy Agency only if the Secretary of State
determines (and so reports to the Congress) that Israel is not
being denied its right to participate 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 enactment of this Act
and 25 per centum shall be expended within thirty days from
the start of UNICEF’s fourth quarter of operations for 1995: Pro-
vided 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 People’s
H. R. 4426—4
Republic of China: Provided further, That not more than
$50,000,000 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
People’s Republic of China in 1995: Provided further, That any
amount UNFPA plans to spend in the People’s Republic of China
in 1995 above $7,000,000, shall be deducted 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
appropriated 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.
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,
$853,000,000, to remain available until September 30, 1996: Pro-
vided, That of the funds appropriated under this title under the
heading ‘‘Agency for International Development’’, (1) not less than
$280,000,000 should be made available for activities which have
as their objective the reduction of childhood mortality, including
such activities as immunization programs, oral rehydration pro-
grams, and education programs which address improved nutrition,
and water and sanitation programs, (2) not less than $135,000,000
should be made available for basic education programs, and (3)
not 
less 
than 
$25,000,000 
should 
be 
made 
available 
for
micronutrient programs.
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 the funds made avail-
able 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, either directly
or through referral to, or information about access to, a broad
H. R. 4426—5
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 con-
scientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements
of the previous proviso: Provided further, That for purposes of
this or any other Act authorizing or appropriating funds for foreign
operations, export financing, and related programs, the term ‘‘moti-
vate’’, as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options including
abortion: 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:
Provided further, That of the funds appropriated under this heading,
not less than the amount equal to the amount made available
for the Office of Population of the Agency for International Develop-
ment in fiscal year 1994 shall be made available to that office:
Provided further, That the Administrator of the Agency for Inter-
national Development may decrease that amount only if he consults
with and provides a written justification to the Committees on
Appropriations: Provided further, That such justification shall be
considered in accordance with the regular notification procedures
of the Committees on Appropriations.
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, $802,000,000,
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 appropriated under this heading which are made available
for activities supported by the Southern Africa Development
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 organization, 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 private 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 superseded by the provisions of this section.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section
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491 of the Foreign Assistance Act of 1961, as amended, $169,998,000
to remain available until expended.
DEBT RESTRUCTURING
For the cost, as defined in section 13201 of the Budget Enforce-
ment Act of 1990, of modifying direct loans and loan guarantees,
as the President may determine, for which funds have been appro-
priated or otherwise made available for programs within the
International Affairs Budget Function 150, $7,000,000, to remain
available until expended.
MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM ACCOUNT
For the subsidy cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign Assistance
Act of 1961, as amended: Provided, That such costs shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That guarantees of loans made under this heading
in support of microenterprise activities may guarantee up to 70
percent of the principal amount of any such loans notwithstanding
section 108 of the Foreign Assistance Act of 1961. In addition,
for administrative expenses to carry out programs under this head-
ing, $500,000, all of which may be transferred to and merged
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 Assistance 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 pro-
vided under this heading, subject to the availability of qualified
applicants for such guarantees. In addition, for administrative
expenses to carry out guaranteed loan programs, $8,000,000, all
of which may be transferred to and merged with the appropriation
for Operating Expenses of the Agency for International Develop-
ment: Provided further, That commitments to guarantee loans under
this heading may be entered into notwithstanding the second and
third sentences of section 222(a) and, with regard to programs
for Eastern Europe and programs 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 appropriated
under this heading shall be obligated except through the regular
notification procedures of the Committees 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.
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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
$1,475,000 may be made available to pay for printing costs: Provided
further, That none of the funds appropriated by this Act for pro-
grams administered by the Agency for International Development
may be used to finance printing costs of any report or study (except
feasibility, design, or evaluation reports or studies) in excess of
$25,000 without the approval of the Administrator of that Agency
or the Administrator’s designee.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL
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, $2,349,000,000, to remain available until September
30, 1996: Provided, That of the funds appropriated under this
heading, not less than $1,200,000,000 shall be available only for
Israel, which sum shall be available on a grant basis as a 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 not less than $815,000,000 shall be available only
for Egypt, which sum shall be provided on a grant basis, and
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, and of which not less than $200,000,000
shall be provided as Commodity Import Program assistance: Pro-
vided further, That in exercising the authority 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 partici-
pation 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: Provided
further, That not more than $50,000,000 of the funds appropriated
under this heading may be made available to finance tied-aid cred-
its, unless the President determines it is in the national interest
to provide in excess of $50,000,000 and so notifies the Committees
on Appropriations through the regular notification procedures of
the Committees on Appropriations: Provided further, That none
of the funds made available or limited by this Act may be used
for tied-aid credits or tied-aid grants except through the regular
notification procedures of the Committees on Appropriations: Pro-
vided further, That none of the 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 may be used for tied-aid credits:
H. R. 4426—8
Provided further, That as used in this heading the term ‘‘tied-
aid credits’’ means any credit, within the meaning of section 15(h)(1)
of the Export-Import Bank Act of 1945, which is used for blended
or parallel financing, as those terms are defined by sections 15(h)
(4) and (5), respectively, of such Act: Provided further, That not
less than $15,000,000 of the funds appropriated under this heading
shall be made available for Cyprus to be used only for scholarships,
bicommunal projects, and measures aimed at the reunification of
the island and designed to reduce tensions, and promote peace
and cooperation between the two communities on Cyprus.
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 Inter-
national Fund for Ireland and shall be made available in accordance
with the provisions 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 timely payment
for projects and activities: Provided further, That funds made avail-
able under this heading shall remain 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, $359,000,000, to remain available
until expended, which shall be available, notwithstanding any other
provision of law, for economic assistance and for related programs
for Eastern Europe and the Baltic States.
(b) Funds appropriated under this heading or in prior appro-
priations Acts that are or have been made available for an Enter-
prise Fund may be deposited by such Fund in interest-bearing
accounts prior to the Fund’s disbursement 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 Treasury 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.
(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 authori-
ties 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 FREE-
DOM Support Act, for assistance for the new independent states
of the former Soviet Union and for related programs, $850,000,000,
to remain available 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 heading shall
be transferred to the Government of Russia—
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(1) unless that Government is making progress in
implementing comprehensive economic reforms based on mar-
ket principles, private ownership, negotiating repayment of
commercial debt, respect for commercial contracts, and equi-
table treatment of foreign private investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or ventures.
(c) Funds may be furnished without regard to subsection (b)
if the President determines that to do so is in the national interest.
(d) None of the funds appropriated under this heading shall
be made available to any government of the new independent
states of the former Soviet Union if that government directs any
action in violation of the territorial integrity or national sovereignty
of any other new independent state, such as those violations
included in Principle Six of the Helsinki Final Act: Provided, That
such funds may be made available without regard to the restriction
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 humani-
tarian, disaster and refugee relief.
(e) None of the funds appropriated under this heading 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
resettlement program, and technical assistance for the housing
sector.
(f) Funds appropriated under this heading shall be subject
to the regular procedures of the Committees on Appropriations.
(g) Funds made available in this Act for assistance to the
new independent states of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(h) Funds appropriated under this heading may be made avail-
able for assistance for Mongolia.
(i) 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, includ-
ing private voluntary organizations and nongovernmental organiza-
tions functioning in the new independent states.
(j) Of the funds appropriated under this heading, not less
than $15,000,000 should be available only for a family planning
program for the new independent states of the former Soviet Union
comparable to the family planning program currently administered
by the Agency for International Development in the Central Asian
Republics and focusing on population assistance which provides
an alternative to abortion.
(k) Of the funds appropriated under this heading, not less
than $150,000,000 should be made available for programs for
Ukraine: Provided, That of these funds not less than $25,000,000
should be made available for land privatization activities and devel-
opment of small and medium size businesses, including agriculture
enterprises.