135
DIVISION B—FOREIGN ASSIST-
ANCE 
AND 
RELATED 
PRO-
GRAMS
TITLE XI—REFORM OF FOREIGN
ASSISTANCE PROGRAMS
SEC. 1101. NEED FOR FOREIGN ASSISTANCE REFORM.
(a) NEED FOR REFORM.—The Congress—
(1) remains convinced that United States foreign
assistance programs and the Agency for International
Development are in need of immediate reform; and
(2) remains prepared to enact reform legislation
in time for the fiscal year 1995 authorization and
appropriations cycle.
(b) COMPREHENSIVE REFORM PLAN.—To facilitate
this reform process, the President shall submit to the Con-
gress, within 60 days after the date of enactment of this
Act, a plan for comprehensive reform of United States for-
eign assistance programs and of the agency primarily re-
sponsible for administering part I of the Foreign Assistance
Act of 1961.
SEC. 1102. EVALUATION AND ACCOUNTABILITY.
Section 125 of the Foreign Assistance Act of 1961 is
amended to read as follows:
136
‘‘SEC. 125. EVALUATION AND ACCOUNTABILITY.
‘‘(a) NEED FOR EVALUATION.—In order to effectively
and responsibly manage the resources with which it is pro-
vided, the agency primarily responsible for administering
this part must have a capacity to evaluate objectively the
extent of its progress in achieving development results and
to derive lessons from its development experience.
‘‘(b) ACTIONS TO BE TAKEN.—In furtherance of sub-
section (a), the President shall establish a program perform-
ance, monitoring, and evaluation capacity within the agen-
cy primarily responsible for administering this part that
will do the following:
‘‘(1) Enhance, through training and other
means, the use of program performance, monitoring,
and evaluation as a management tool, by both the
agency and its counterparts in countries receiving as-
sistance, in the planning, designing, and implementa-
tion of foreign assistance projects and programs.
‘‘(2) Develop a program performance informa-
tion system to afford agency managers at all levels a
means for monitoring and assessing achievement of
impact and interim performance of the agency’s
major programs in support of the strategic manage-
ment of economic assistance.
‘‘(3) Prepare and disseminate objective and peri-
odic reports on the progress of the agency in meeting
137
development objectives and on lessons learned from its
development programs.
‘‘(4) Strengthen the capacity to utilize the find-
ings of program performance, measurement, and eval-
uation in decisions of the agency about program di-
rection and resource allocation.
‘‘(5) Coordinate with the Inspector General of the
agency so as to ensure appropriate complementarity
of efforts, recognizing that—
‘‘(A) it is the responsibility of the agency to
direct a system of performance measurement and
independent evaluations of its programs and
policies, as well as the operational and manage-
ment systems that affect the development impact
of those programs and policies; and
‘‘(B) it is the responsibility of the Inspector
General to conduct regular and comprehensive
assessments and audits of financial management
and administrative systems, including the ade-
quacy of the systems for monitoring and evaluat-
ing agency projects and programs.
‘‘(c) ACCOUNTABILITY.—The President shall prepare
an annual report to the Congress as a separate part of the
congressional presentation materials of the agency pri-
138
marily responsible for administering this part. This report
shall include the following:
‘‘(1) An assessment of progress toward the
achievement of sustainable development objectives,
based on the findings of program performance, mon-
itoring, and evaluation studies conducted by the agen-
cy and on such other empirical analyses as may be
appropriate.
‘‘(2) An analysis, on a country-by-country basis,
of the impact on economic development in each such
country during the preceding 3 to 5 fiscal years of
United States economic assistance programs, with a
discussion of the United States interests that were
served by the assistance. Each country receiving eco-
nomic assistance under this part or under the Sup-
port for East European Democracy (SEED) Act of
1989 shall be included in such an analysis at least
once every 5 years. For each country, the analysis
shall—
‘‘(A) describe the specific objectives the
United States sought to achieve in providing eco-
nomic assistance, and specify the extent to which
those objectives were or were not achieved;
‘‘(B) to the extent possible, be done on a sec-
tor-by-sector basis and identify trends (both fa-
139
vorable and unfavorable) within each sector and,
if relevant, identify any economic policy reforms
conducive to sustainable economic growth that
were promoted by the assistance and the progress
being made by the country in adopting economic
policies that foster and enhance the freedom and
opportunity of individuals to participate in eco-
nomic growth in the country;
‘‘(C) as part of the context of United States
economic assistance, describe the amount and
nature of economic assistance provided by other
major donors during the preceding 3 to 5 fiscal
years, set forth by the development sector to the
extent possible; and
‘‘(D) contain statistical and other informa-
tion necessary to evaluate the impact and effec-
tiveness of United States economic assistance on
development in the country.’’.
TITLE XII—AUTHORIZATIONS FOR
FOREIGN ASSISTANCE PROGRAMS
SEC. 1201. AUTHORIZATIONS OF APPROPRIATIONS FOR FIS-
CAL YEAR 1994.
(a) ECONOMIC ASSISTANCE.—There are authorized to
be appropriated for fiscal year 1994 the following amounts
for the following purposes:
140
(1) 
DEVELOPMENT
ASSISTANCE
FUND.—
$850,000,000 to carry out sections 103 through 106 of
the Foreign Assistance Act of 1961.
(2) POPULATION, DEVELOPMENT ASSISTANCE.—
$395,000,000 to carry out section 104(b) of the For-
eign Assistance Act of 1961.
(3) 
DEVELOPMENT
FUND
FOR
AFRICA.—
$900,000,000 to carry out chapter 10 of part I of the
Foreign Assistance Act of 1961.
(4) INTERNATIONAL
DISASTER
ASSISTANCE.—
$148,965,000 to carry out section 491 of the Foreign
Assistance Act of 1961.
(5) AMERICAN
SCHOOLS
AND
HOSPITALS.—
$35,000,000 to carry out section 214 of the Foreign
Assistance Act of 1961.
(6) MULTILATERAL ASSISTANCE INITIATIVE FOR
THE PHILIPPINES.—$30,000,000 for assistance for the
Philippines under chapter 4 of part I of the Foreign
Assistance Act of 1961.
(7) ASSISTANCE FOR EASTERN EUROPE AND THE
BALTIC STATES.—$400,000,000 for economic assist-
ance for Eastern Europe and the Baltic states under
the Foreign Assistance Act of 1961 and the Support
for East European Democracy (SEED) Act of 1989.
141
(8) ASSISTANCE FOR THE INDEPENDENT STATES
OF
THE
FORMER
SOVIET
UNION.—$903,820,000 to
carry out chapter 11 of part I of the Foreign Assist-
ance Act of 1961 and to carry out exchanges and
training and similar programs under section 807 of
the Freedom for Russia and Emerging Eurasian De-
mocracies and Open Markets Support Act of 1992.
(9) INTER-AMERICAN FOUNDATION.—$30,960,000
to carry out section 401 of the Foreign Assistance Act
of 1969.
(10) AFRICAN
DEVELOPMENT
FOUNDATION.—
$18,000,000 to carry out the African Development
Foundation Act.
(11) INTERNATIONAL
FUND
FOR
IRELAND.—
$19,600,000 to carry out part I of the Foreign Assist-
ance Act of 1961, which shall be available for the
United States contribution to the International Fund
for Ireland in accordance with the Anglo-Irish Agree-
ment Support Act of 1986. Amounts appropriated
under this paragraph are authorized to remain avail-
able until expended.
(b) SECURITY ASSISTANCE.—There are authorized to
be appropriated for fiscal year 1994 the following amounts
for the following purposes:
142
(1) FOREIGN
MILITARY
FINANCING
PROGRAM
GRANTS.—$3,200,000,000 for grants under section 23
of the Arms Export Control Act. Funds made avail-
able under this paragraph shall be nonrepayable not-
withstanding any requirement of that section.
(2) FOREIGN
MILITARY
FINANCING
PROGRAM
LOANS.—$57,000,000 for the cost (as defined in sec-
tion 502(5) of the Federal Credit Reform Act of 1990)
of loans under section 23 of the Arms Export Control
Act.
(3) ECONOMIC SUPPORT FUND.—$2,424,400,000
to carry out chapter 4 of part II of the Foreign
Assistance Act of 1961.
(4) INTERNATIONAL MILITARY EDUCATION AND
TRAINING.—$40,000,000 to carry out chapter 5 of
part II of the Foreign Assistance Act of 1961.
(5) ANTI-TERRORISM ASSISTANCE.—$15,555,000
to carry out chapter 8 of part II of the Foreign
Assistance Act of 1961.
(6) 
NONPROLIFERATION
AND
DISARMAMENT
FUND.—$25,000,000 to carry out section 504 of the
Freedom for Russia and Emerging Eurasian Democ-
racies and Open Markets Support Act of 1992.
143
(c) PEACE CORPS.—There are authorized to be appro-
priated $219,745,000 for fiscal year 1994 to carry out the
Peace Corps Act.
(d) REDUCTION IN PREVIOUSLY ENACTED AUTHOR-
IZATION FOR INTERNATIONAL NARCOTICS CONTROL AS-
SISTANCE.—Section 482(a)(1) of the Foreign Assistance Act
of 1961 is amended by striking ‘‘$171,500,000’’ and insert-
ing ‘‘$135,000,000’’.
(e) RULE OF CONSTRUCTION.—In order to ensure that
all otherwise applicable authorities, restrictions, and other
provisions of law apply with respect to the amounts that
are authorized to be appropriated by this section for fiscal
year 1994, those amounts shall be deemed to be authorized
to be appropriated by the provision of the Foreign Assist-
ance Act of 1961 or other Act that provided the correspond-
ing authorization of appropriations for prior fiscal years.
SEC. 1202. CHILD SURVIVAL ACTIVITIES AND VITAMIN A DE-
FICIENCY PROGRAM AND RELATED ACTIVI-
TIES.
(a) CHILD SURVIVAL ACTIVITIES.—The Congress ex-
pects that not less than $275,000,000 of the funds made
available for fiscal year 1994 to carry out part I of the
Foreign Assistance Act of 1961 (relating to development
and other economic assistance) will be used for child sur-
vival activities.
144
(b) VITAMIN A DEFICIENCY PROGRAM AND RELATED
ACTIVITIES.—The Congress expects that not less than
$25,000,000 of the funds made available for fiscal year 1994
to carry out sections 103 through 106 of the Foreign Assist-
ance Act of 1961 (relating to development assistance) will
be made available for the Vitamin A Deficiency Program
and activities relating to iodine deficiency and other micro-
nutrients.
SEC. 1203. HOUSING GUARANTEE PROGRAM.
(a) AUTHORIZATIONS.—
(1) COST OF GUARANTEED LOANS.—There are
authorized to be appropriated $16,407,000 for fiscal
year 1994 for the cost (as defined in section 502(5)
of the Federal Credit Reform Act of 1990) of guaran-
teed loans under sections 221 and 222 of the Foreign
Assistance Act of 1961.
(2) PROGRAM CEILING.—Section 222(a) of that
Act is amended by striking ‘‘$2,558,000,000’’ in the
second sentence and inserting ‘‘$3,000,000,000’’.
(3) 
PROGRAM
EXPIRATION
DATE.—Section
222(a) of that Act is amended by striking ‘‘1992’’ in
the third sentence and inserting ‘‘1995’’.
(4) ADMINISTRATIVE EXPENSES.—(A) There are
authorized to be appropriated $8,407,000 for fiscal
year 1994 for administrative expenses to carry out
145
guaranteed loan programs under sections 221 and
222 of that Act. Amounts appropriated under this
paragraph are authorized to remain available until
expended.
(B) Amounts appropriated under this paragraph
may be transferred to and merged with the appro-
priations for ‘‘Operating Expenses of the Agency for
International Development’’.
(b) PREFERENTIAL TREATMENT
TO PROJECTS
IN
POORER COUNTRIES.—Section 222 of the Foreign Assist-
ance Act of 1961 is amended—
(1) by redesignating subsection (k) as subsection
(e); and
(2) by inserting after subsection (c) the follow-
ing:
‘‘(d) PREFERENTIAL CONSIDERATION TO PROJECTS IN
POORER COUNTRIES.—In issuing guarantees under this
section and in carrying out related activities, the President
shall give preferential consideration to projects in countries
with an annual per capita income of $1,196 or less in 1991
United States dollars, and shall restrict guarantees and re-
lated activities for projects in countries with an annual per
capita income of $5,190 or more in 1991 United States
dollars.’’.
(c) FEE INCREASE.—
146
(1) STUDY.—The administrator of the agency
primarily responsible for administering part I of the
Foreign Assistance Act of 1961—
(A) shall conduct a study to determine the
feasibility of increasing the fees charged pursu-
ant to section 223(a) of that Act for guarantees
issued under sections 221 and 222 of that Act in
an effort to reduce the costs (as defined in section
502(5) of the Federal Credit Reform Act of 1990)
of the guarantee program; and
(B) shall submit the results of this study to
the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate not later than 6 months
after the date of enactment of this Act.
(2) POLICY.—The administrator should increase
the fees described in paragraph (1)(A) to the extent
determined to be feasible in the study conducted pur-
suant to this subsection.
SEC. 1204. OVERSEAS PRIVATE INVESTMENT CORPORA-
TION.
(a) PROGRAM
AUTHORIZATION
OF
FISCAL
YEAR
1995.—Section 235(a) of the Foreign Assistance Act of 1961
is amended—
147
(1) 
in 
paragraph 
(1) 
by 
striking
‘‘$9,000,000,000’’ and inserting ‘‘$10,000,000,000’’;
(2) 
in 
paragraph 
(2)(A) 
by 
striking
‘‘$2,500,000,000’’ and inserting ‘‘$3,500,000,000’’;
and
(3) in paragraph (2)(B)—
(A) by striking ‘‘and’’ at the end of clause
(i);
(B) by striking the period at the end of
clause (ii) and inserting ‘‘; and’’; and
(C) by inserting after clause (ii) the follow-
ing:
‘‘(iii) to transfer such sums as are necessary
from its noncredit account revolving fund to pay
for the subsidy cost of a program level for the
loan and loan guarantee program under sub-
sections 
(b) 
and 
(c) 
of 
section 
234 
of
$1,000,000,000 for fiscal year 1995.’’.
(b) TERMINATION DATE.—Section 235(a)(3) of that
Act is amended by striking ‘‘1994’’ and inserting ‘‘1995’’.
(c) ADMINISTRATIVE EXPENSES.—Section 235(g) of
that Act is amended—
(1) in paragraph (1) by striking ‘‘and’’;
(2) in paragraph (2) by striking the period and
inserting ‘‘; and’’; and
148
(3) by adding at the end the following:
‘‘(3) $15,000,000 for fiscal year 1995.’’.
SEC. 1205. SPECIAL DEBT REDUCTION AUTHORITY.
(a) AUTHORITY TO REDUCE DEBT.—Notwithstanding
any other provision of law (other than the Federal Credit
Reform Act of 1990), the President may reduce amounts
of principal and interest 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) IMPLEMENTATION OF PARIS CLUB DEBT REDUC-
TION.—The authority provided by this section may be exer-
cised only to implement the multilateral official debt relief
ad referendum agreements that are commonly referred to
as ‘‘Paris Club Agreed Minutes’’.
(c) APPROPRIATIONS REQUIREMENT.—The authority
provided by this section may be exercised only in such
amounts or to such extent as is provided in advance by
appropriations Acts in accordance with the requirements
of the Federal Credit Reform Act of 1990.
149
(d) ELIGIBLE COUNTRIES.—For purposes of this sec-
tion, the term ‘‘eligible country’’ means a country that the
President determines—
(1) has a heavy debt burden; and
(2) is eligible to borrow from the International
Development Association but not from the Inter-
national Bank for Reconstruction and Development
(commonly referred to as an ‘‘IDA-only’’ country).
SEC. 1206. SPECIAL DEFENSE ACQUISITION FUND.
(a) 
DECAPITALIZATION.—Notwithstanding 
section
51(b) of the Arms Export Control Act, collections described
in that section that are in excess of obligational authority
provided in foreign operations, export financing, and
related appropriations Acts for fiscal years prior to fiscal
year 1994 shall be deposited in the Treasury as miscellane-
ous receipts.
(b) AVOIDANCE OF DUPLICATIVE PROVISIONS.—Sub-
section (a) shall not apply if the Foreign Operations, Ex-
port Financing, and Related Programs Appropriations Act,
1994, contains an identical requirement.
TITLE XIII—REGIONAL PROVISIONS
SEC. 1301. SUB-SAHARAN AFRICA DISASTER ASSISTANCE.
The Congress expects that not less than $100,000,000
of the funds made available for fiscal year 1994 to carry
out section 491 of the Foreign Assistance Act of 1961 (relat-
150
ing to international disaster assistance) will be used for dis-
aster relief, rehabilitation, and reconstruction assistance for
sub-Saharan Africa.
SEC. 1302. AFRICAN DEVELOPMENT FOUNDATION.
(a) CEILING ON ASSISTANCE FOR A PROJECT.—Sec-
tion 505(a)(2) of the African Development Foundation Act
is amended by adding at the end the following: ‘‘In excep-
tional circumstances, the board of directors of the Founda-
tion may waive such dollar limitation with respect to a
project. Any such waivers shall be reported to the Congress
annually.’’.
(b) AUTHORITY TO EMPLOY ALIENS.—Section 506(a)
of that Act is amended—
(1) by redesignating paragraphs (8) through (12)
as paragraphs (9) through (13), respectively; and
(2) by inserting after paragraph (7) the follow-
ing:
‘‘(8) when determined by the president of the
Foundation to be necessary (but subject to the limita-
tion established by paragraph (7) on the number of
Foundation employees), may employ persons who are
not citizens of the United States notwithstanding any
provision of law that would otherwise prohibit the use
of appropriated funds to pay the compensation of offi-
151
cers or employees of the Government who are not citi-
zens of the United States;’’.
(c) TRAVEL EXPENSES.—
(1) MEMBERS
OF
BOARD.—Section 507(b) of
that Act is amended by striking ‘‘actual and nec-
essary expenses not exceeding $100 per day, and for
transportation expenses,’’ and inserting ‘‘travel ex-
penses, including per diem in lieu of subsistence, in
accordance with section 5703 of title 5, United States
Code,’’.
(2) 
CONFORMING
AMENDMENT.—Section
507(e)(3) of that Act is amended by striking ‘‘and
other expenses’’ and inserting ‘‘expenses, including
per diem in lieu of subsistence,’’.
(d) INTEREST ACCRUING TO GRANTEES.—
(1) AUTHORITY TO RETAIN.—The African Devel-
opment Foundation Act is amended by adding at the
end the following:
‘‘SEC. 511. INTEREST ACCRUING TO GRANTEES.
‘‘When, with the permission of the Foundation, funds
made available to a grantee under this title are invested
pending disbursement, the resulting interest is not required
to be deposited in the United States Treasury if the grantee
uses the resulting interest for the purpose for which the
grant was made.’’.
152
(2) EFFECTIVE DATE.—The amendment made by
paragraph (1) applies to both interest earned before
and interest earned after the date of enactment of this
Act.
SEC. 1303. CONFLICT RESOLUTION INITIATIVE FOR AFRICA.
(a) IMPROVING OAU’S CONFLICT RESOLUTION CAPA-
BILITIES.—
(1) DESCRIPTION OF ASSISTANCE.—The Presi-
dent is authorized to provide assistance to help estab-
lish a permanent conflict resolution capability within
the Organization of African Unity (referred to in this
subsection as the ‘‘OAU’’), as follows:
(A) Funds may be provided to the OAU for
use in supporting its conflict resolution capabil-
ity.
(B) Funds may be used for expenses of
sending individuals with expertise in conflict
resolution (who may include United States Gov-
ernment employees) from the United States to
work with the OAU for a period of up to 2 years.
(C) Funds may be provided to the OAU to
support the establishment and maintenance of an
African Conflict Resolution Research Center that
is linked to the OAU secretariat.
153
(2) FUNDING.—Of the funds that are allocated
for sub-Saharan Africa, not less than $1,500,000 for
each of the fiscal years 1994 through 1998 should be
used to carry out paragraph (1), in addition to funds
otherwise available for such purpose.
(3) REQUIREMENT FOR APPROVAL OF CERTAIN
REFORMS.—Assistance may be provided pursuant to
this subsection only if the President determines that
the OAU has approved and is in the process of imple-
menting the reforms proposed by the Secretary Gen-
eral of the OAU in February 1993 in the Interim Re-
port of the Secretary General on the Mechanisms for
Conflict Prevention, Resolution and Management.
(b) IMPROVING CONFLICT RESOLUTION CAPABILITIES
OF MULTILATERAL SUBREGIONAL ORGANIZATIONS.—
(1) TYPES OF ASSISTANCE TO BE PROVIDED.—
The President is authorized to provide assistance to
help establish permanent conflict resolution capabili-
ties within subregional organizations established by
countries in sub-Saharan Africa, as follows:
(A) Funds may be provided to such an or-
ganization for use in supporting its conflict reso-
lution capability.
(B) Funds may be used for the expenses of
sending individuals with expertise in conflict
154
resolution (who may include United States Gov-
ernment employees) from the United States to
work with such an organization for a period of
up to 2 years.
(2) FUNDING.—Of the funds that are allocated
for sub-Saharan Africa under chapter 4 of part II of
the Foreign Assistance Act of 1961 (relating to the
economic support fund), up to $1,500,000 for each of
the fiscal years 1994 through 1998 may be used to
carry out paragraph (1).
(c) AFRICAN DEMOBILIZATION AND RETRAINING PRO-
GRAM.—
(1) IN GENERAL.—In order to facilitate reduc-
tions in the size of the armed forces of countries of
sub-Saharan Africa, the President is authorized to
provide assistance for—
(A) encampment and related activities asso-
ciated with demobilization of such forces, and
(B) the retraining for civilian occupations
of military personnel who have been demobilized.
(2) FUNDING.—(A) Of the funds that are allo-
cated for sub-Saharan Africa under chapter 4 of part
II of the Foreign Assistance Act of 1961 (relating to
the economic support fund) and under the ‘‘Foreign
Military Financing Program’’ account under section
155
23 of the Arms Export Control Act, $10,000,000 for
fiscal year 1994 should be used for the assistance de-
scribed in paragraph (1)(A).
(B) A portion of the funds made available for
fiscal year 1994 to carry out chapter 10 of part I of
the Foreign Assistance Act of 1961 (relating to the
Development Fund for Africa) may be used for the
assistance described in paragraph (1)(B).
(d) IMET CONFLICT RESOLUTION PROGRAM.—Chap-
ter 5 of part II of the Foreign Assistance Act of 1961 is
amended by adding at the end the following:
‘‘SEC. 546. CONFLICT RESOLUTION PROGRAM FOR AFRICA.
‘‘In addition to the other education and training ac-
tivities carried out under this chapter, the President is au-
thorized to establish a program to provide education and
training in conflict resolution for civilian and military per-
sonnel of countries in sub-Saharan Africa.’’.
SEC. 1304. SADC PROJECTS.
(a) WAIVER
OF
BROOKE
AMENDMENT.—Section
620(q) of the Foreign Assistance Act of 1961 and the cor-
responding section of the Foreign Operations, Export Fi-
nancing, and Related Programs Appropriations Act, 1994,
shall not apply with respect to assistance provided for fiscal
year 1994 under section 496(o) of the Foreign Assistance
Act of 1961 (relating to support for SADC projects).
156
(b) TECHNICAL AMENDMENT.—Section 496(o) of the
Foreign Assistance Act of 1961 is amended—
(1) in the subsection heading by striking
‘‘SADCC’’ and inserting ‘‘SADC’’; and
(2) in paragraph (1) by striking ‘‘Coordination
Conference (SADCC)’’ and inserting ‘‘Community
(SADC)’’.
SEC. 1305. SOUTH AFRICA.
(a) REMOVAL OF CEILINGS ON GRANTS FOR HUMAN
RIGHTS PROJECTS.—Section 116 of Foreign Assistance Act
of 1961 is amended—
(1) by repealing subparagraphs (C) and (D) of
subsection (e)(2); and
(2) in subsection (f)—
(A) by repealing paragraph (2), and
(B) by striking ‘‘(f)(1)’’ and inserting ‘‘(f)’’
and by redesignating subparagraphs (A) through
(E) as paragraphs (1) through (5), respectively.
(b) EXCEPTION TO LIMITATION ON ASSISTANCE RE-
CIPIENTS.—
(1) ASSISTANCE UNDER SECTION 116.—Section
116(e)(2)(B) of that Act is amended—
(A) in the fourth sentence, by striking ‘‘or
to organizations financed or controlled by the
Government of South Africa’’; and
157
(B) by adding at the end the following: ‘‘A
nongovernmental organization financed or con-
trolled by the Government of South Africa that
meets the criteria specified in this subparagraph
may receive assistance under this paragraph
only if the President determines that (i) the ac-
tivities of that organization further the purposes
of the establishment of a non-racial democratic
state in South Africa, (ii) the provision of assist-
ance to that organization will further the objec-
tive of this paragraph to assist disadvantaged
South Africans, and (iii) the Government of
South Africa is continuing to make progress to-
ward dismantling apartheid and establishing a
nonracial democracy. Before making such deter-
minations, the President shall consult with the
appropriate congressional committees and with
South African organizations that are representa-
tive of the majority population of South Africa
and should seek a commitment from the Govern-
ment of South Africa that it will provide addi-
tional resources to meet the needs of disadvan-
taged South Africans. As used in the preceding
sentence, the term ‘appropriate congressional
committees’ means the Committee on Foreign Af-
158
fairs and the Committee on Appropriations of
the House of Representatives and the Committee
on Foreign Relations and the Committee on Ap-
propriations of the Senate.’’.
(2) ASSISTANCE UNDER SECTION 117.—Section
117 of that Act (as added by section 201(b) of the
Comprehensive Anti-Apartheid Act of 1986) is
amended by adding at the end the following: ‘‘In ad-
dition, a nongovernmental organization that meets
the criteria specified in the first 2 sentences of this
section but receives funds from the Government of
South Africa may receive assistance under this sec-
tion if the President determines that such organiza-
tion meets the requirements of the 5th sentence of sec-
tion 116(e)(2)(B), and such determination is made in
accordance with the 6th sentence of such section.’’.
SEC. 1306. SUDAN.
(a) STATEMENT OF THE CONGRESS.—The Congress—
(1) strongly condemns the Government of Sudan
for its severe human rights abuses and calls upon that
government to improve human rights conditions
throughout the country;
(2) deplores the internecine fighting among the
factions of the Sudanese People’s Liberation Army;
159
(3) urges the Government of Sudan and the fac-
tions of the Sudanese People’s Liberation Army to
provide full access for and to cooperate with relief or-
ganizations;
(4) encourages the Government of Sudan to lift
the press ban which was imposed after it took power
in June 1989; and
(5) calls on the Government of Sudan to estab-
lish a democratic system.
(b) RESTRICTIONS ON ASSISTANCE.—Except as pro-
vided in subsection (c), assistance may not be provided for
Sudan for fiscal year 1994—
(1) under chapter 1 or chapter 10 of part I of
the Foreign Assistance Act of 1961 (relating to devel-
opment assistance and the Development Fund for Af-
rica),
(2) under chapter 4 of part II of that Act (relat-
ing to the economic support fund),
(3) under chapter 5 of part II of that Act (relat-
ing to international military education and train-
ing), or
(4) from the ‘‘Foreign Military Financing Pro-
gram’’ account under section 23 of the Arms Export
Control Act.
(c) WAIVER OF RESTRICTIONS.—
160
(1) AUTHORIZATION.—The President may waive
the prohibitions in subsection (b) if the President de-
termines, and reports in accordance with paragraph
(2), that there is substantial progress in southern
Sudan toward respecting human rights, resolving the
conflict in that region, establishing a democratically
elected government, and establishing a reformed and
independent judiciary system.
(2) CONGRESSIONAL
REVIEW
OF
DETERMINA-
TION.—A determination under paragraph (1) shall
not become effective until 15 days after it is reported
to the congressional committees specified in section
634A(a) of the Foreign Assistance Act of 1961 in ac-
cordance 
with 
the 
procedures 
applicable 
to
reprogramming notifications under that section.
SEC. 1307. ZAIRE.
(a) STATEMENT OF THE CONGRESS.—The Congress—
(1) strongly condemns the disruptive measures
taken by President Mobutu in recent months, and
holds President Mobutu responsible for the current po-
litical crisis in Zaire;
(2) stresses the importance of a successful transi-
tion to democracy in Zaire;
(3) urges the President of the United States to
pressure President Mobutu to leave Zaire so that the
161
legitimate transitional government can proceed with
the process of democratization as mandated by the
Sovereign National Conference;
(4) urges the President of the United States to
impose, in conjunction with our allies, a variety of
sanctions on President Mobutu, including—
(A) freezing the bank accounts of President
Mobutu, his family and associates;
(B) denying visas to President Mobutu, his
family and associates; and
(C) expelling Mobutu’s ambassador;
(5) congratulates the people of Zaire for their
courageous support of democracy in the face of power-
ful opposition; and
(6) expresses its readiness to explore further
ways of providing support for democracy and politi-
cal pluralism in Zaire.
(b) RESTRICTIONS ON ASSISTANCE.—
(1) SECURITY ASSISTANCE.—Except as provided
in subsection (c), assistance may not be provided for
Zaire for fiscal year 1994—
(A) under chapter 4 of part II of the For-
eign Assistance Act of 1961 (relating to the eco-
nomic support fund),
162
(B) under chapter 5 of part II of that Act
(relating to international military education
and training), or
(C) from the ‘‘Foreign Military Financing
Program’’ account under section 23 of the Arms
Export Control Act.
(2) DEVELOPMENT ASSISTANCE.—Except as pro-
vided in subsection (c), assistance under chapter 1 or
chapter 10 of part I of the Foreign Assistance Act of
1961 (relating to development assistance and the De-
velopment Fund for Africa) for fiscal year 1994 shall
not be transferred to the Government of Zaire. This
paragraph does not prohibit nongovernmental organi-
zations from working with appropriate ministries or
departments of the Government of Zaire.
(c) WAIVER WHEN THE DEMOCRATIC PROCESS IS RE-
STORED.—
(1) AUTHORIZATION.—The President may waive
the prohibitions in subsection (b) if the President de-
termines, and reports in accordance with paragraph
(2), that democracy has been restored in Zaire, that
President Mobutu is no longer a threat to the elected
government, and that the elected government is com-
mitted to bringing about freedom of expression for the
people of Zaire, a reformed and independent judici-
163
ary, and reform of, and applications of the rule of
law to, Zaire security forces.
(2) CONGRESSIONAL
REVIEW
OF
DETERMINA-
TION.—A determination under paragraph (1) shall
not become effective until 15 days after it is reported
to the congressional committees specified in section
634A(a) of the Foreign Assistance Act of 1961 in ac-
cordance 
with 
the 
procedures 
applicable 
to
reprogramming notifications under that section.
SEC. 1308. AFGHANISTAN HUMANITARIAN ASSISTANCE.
(a) AUTHORIZATION.—Funds described in subsection
(c) may be made available for the provision of food, medi-
cine, or other humanitarian assistance to the Afghan people
notwithstanding any other provision of law.
(b) ASSISTANCE FOR AFGHAN WOMEN AND GIRLS.—
In carrying out this section, the administrator of the agency
primarily responsible for carrying out part I of the Foreign
Assistance Act of 1961 shall ensure that an equitable por-
tion of the funds is made available to benefit Afghan women
and girls, particularly in programs in refugee camps in
Pakistan and in reconstruction projects in Afghanistan.
(c) FUNDING.—Up to $20,000,000 of the aggregate
amount of funds made available for fiscal year 1994 to
carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 (relating to development assistance) and chapter
164
4 of part II of that Act (relating to the economic support
fund) may be used pursuant to this section.
SEC. 1309. MULTILATERAL ASSISTANCE INITIATIVE FOR
THE PHILIPPINES.
Part I of the Foreign Assistance Act of 1961 is amend-
ed by inserting after chapter 3 the following:
‘‘Chapter 4—Multilateral Assistance Initiative for the
Philippines
‘‘SEC. 401. AUTHORIZATION OF ASSISTANCE.
‘‘(a) AUTHORIZATION.—The President is authorized to
provide economic assistance for the Philippines under the
‘Multilateral Assistance Initiative’ account. Such assistance
shall be provided on such terms and conditions as the Presi-
dent may determine.
‘‘(b) AUTHORIZATION
FOR EXTENDED PERIOD
OF
AVAILABILITY.—Amounts appropriated to carry out this
chapter are authorized to remain available until ex-
pended.’’.
SEC. 1310. ASSISTANCE FOR EASTERN EUROPE AND THE
BALTICS.
(a) ECONOMIC ASSISTANCE.—Section 3 of the Support
for East European Democracy (SEED) Act of 1989 is
amended—
(1) by redesignating subsection (c) as subsection
(e); and
165
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) INAPPLICABILITY
OF RESTRICTIONS
AND RE-
QUIREMENTS.—Assistance provided for an East European
country under this Act or under part I of the Foreign As-
sistance Act of 1961 may be provided notwithstanding any
other provision of law, other than section 634A(a) of that
Act. Section 634A(a) of that Act shall also apply to funds
made available to carry out this Act.
‘‘(d) AUTHORIZATION
FOR EXTENDED PERIOD
OF
AVAILABILITY.—Amounts appropriated for economic assist-
ance for East European countries under this Act or the For-
eign Assistance Act of 1961 are authorized to remain avail-
able until expended.’’.
(b) ASSISTANCE FOR VICTIMS OF WAR CRIMES IN THE
FORMER YUGOSLAVIA.—Assistance provided under section
491 of the Foreign Assistance Act of 1961 (relating to inter-
national disaster assistance) and assistance provided under
the Migration and Refugee Assistance Act of 1962 may in-
clude assistance for the victims of torture, rape, and other
war crimes stemming from the conflict in the former Yugo-
slavia and for the families of such victims (especially chil-
dren), with a particular focus on victims of the war in
Bosnia-Herzegovina. Such assistance may include activities
such as—
166
(1) the provision (in the United States or
abroad)—
(A) of medical, psychological, and psy-
chiatric care and crisis counseling for such vic-
tims and their families, and
(B) of training of individuals in the former
Yugoslavia to provide such care and counseling;
and
(2) the procurement of necessary medical and
training supplies.
(c) CORRECTION OF REFERENCE.—Subsection (e) of
section 3 of the Support for East European Democracy
(SEED) Act of 1989, as so redesignated by subsection (a)
of this section, is amended—
(1) by striking ‘‘and Slovak Federal’’; and
(2) by inserting ‘‘the Slovak Republic,’’ after
‘‘Romania,’’.
SEC. 1311. ASSISTANCE FOR THE INDEPENDENT STATES OF
THE FORMER SOVIET UNION.
(a) CUBA.—
(1) SENSE OF THE CONGRESS.—It is the sense of
the Congress that—
(A) the acts of the Castro government, in-
cluding its massive, systematic, and extraor-
167
dinary violations of human rights, are a threat
to international peace;
(B) the President should advocate, and
should instruct the United States Representatives
to the United Nations to support and consult
with members of the Security Council with re-
spect to, a mandatory international embargo
against the totalitarian government of Cuba pur-
suant to Chapter VII of the Charter of the
United Nations, which is similar to consulta-
tions being conducted by United States Rep-
resentatives with respect to Haiti; and
(C) any resumption of efforts by any inde-
pendent state of the former Soviet Union to make
the nuclear facility at Cienfuegos, Cuba, oper-
ational will have a serious impact on United
States assistance to such state.
(2) REPORTING REQUIREMENT.—The President
shall submit to the Congress, not later than 90 days
after the date of enactment of this Act, a report de-
tailing progress towards the withdrawal of personnel
of any independent state of the former Soviet Union
(including advisors, technicians, and military person-
nel) from the Cienfuegos nuclear facility in Cuba.
168
(3) 
CRITERIA
FOR
ASSISTANCE.—Section
498A(a)(11) of the Foreign Assistance Act of 1961 is
amended by striking ‘‘of military facilities’’ and in-
serting ‘‘the military and nuclear facilities at
Lourdes and Cienfuegos’’.
(4) INELIGIBILITY FOR ASSISTANCE.—(A) Sec-
tion 498A(b) of that Act is amended—
(i) by striking ‘‘or’’ at the end of paragraph
(4);
(ii) by redesignating paragraph (5) as
paragraph (6); and
(iii) by inserting after paragraph (4) the
following:
‘‘(5) for the government of any independent state
that the President determines is providing assistance
for, or engaging in nonmarket based trade (as defined
in section 498B(m)(3)) with, the Government of
Cuba; or’’.
(B) Subsection (m) of section 498B of that Act,
as so redesignated by subsections (d) and (e) of this
section, is amended by adding at the end the follow-
ing:
‘‘(3) NONMARKET
BASED
TRADE.—As used in
section 498A(b)(5), the term ‘nonmarket based trade’
includes exports, imports, exchanges, or other ar-
169
rangements that are provided for goods and services
(including oil and other petroleum products) on terms
more favorable than those generally available in ap-
plicable markets or for comparable commodities, in-
cluding—
‘‘(A) exports to the Government of Cuba on
terms that involve a grant, concessional price,
guaranty, insurance, or subsidy;
‘‘(B) imports from the Government of Cuba
at preferential tariff rates; and
‘‘(C) exchange arrangements that include
advance delivery of commodities, arrangements
in which the Government of Cuba is not held ac-
countable for unfulfilled exchange contracts, and
arrangements under which Cuba does not pay
appropriate transportation, insurance, or fi-
nance costs.’’.
(b) TRANSFERS
OF SOPHISTICATED CONVENTIONAL
WEAPONS TO IRAN.—Section 498A(b)(3) of that Act is
amended—
(1) in the text preceding subparagraph (A), by
striking ‘‘to another country’’;
(2) in subparagraph (A)—
(A) by inserting ‘‘to another country’’ after
‘‘missiles or missile technology’’; and
170
(B) by striking ‘‘or’’ at the end of such sub-
paragraph;
(3) in subparagraph (B)—
(A) by inserting ‘‘to another country’’ after
‘‘any material, equipment, or technology’’; and
(B) by ‘‘or’’ at the end of such subpara-
graph; and
(4) by adding at the end the following:
‘‘(C) sophisticated conventional weapons to
Iran in numbers and types that are destabiliz-
ing;’’.
(c) AUTHORITY TO WAIVE CERTAIN RESTRICTIONS.—
Section 498B(j)(1) of that Act is amended—
(1) by inserting ‘‘or 1994’’ after ‘‘1993’’ both
places it appears; and
(2) by striking ‘‘by this chapter’’ and inserting
‘‘to carry out this chapter’’.
(d) ASSISTANCE IN EXCHANGE FOR COMMODITIES.—
(1) AUTHORIZATION.—Section 498B of that Act
is amended—
(A) by redesignating subsection (k) as sub-
section (l); and
(B) by inserting after subsection (j) the fol-
lowing:
171
‘‘(k) ASSISTANCE IN EXCHANGE FOR COMMODITIES.—
The President is authorized to provide assistance under this
chapter in exchange for materials or commodities, including
any strategic material and any commodity the inter-
national supply of which is in such excess as to jeopardize
United States production of such commodity.’’.
(2) STUDY
OF
RESOURCES
IN
INDEPENDENT
STATES.—The President shall conduct a study of—
(A) the resources in each of the independent
states of the former Soviet Union and the pro-
spective revenues from the production and sale of
such resources;
(B) the possible use of barter or exchange of
such resources as methods of reimbursement for
assistance provided to such states under chapter
11 of part I of the Foreign Assistance Act of
1961; and
(C) the collateralization of loan and invest-
ment guarantees provided by the United States
Government for project financing in such states
using the resources or prospective revenues from
the production and sale of such resources.
(3) REPORTS.—The President shall submit to the
relevant congressional committees the following re-
ports:
172
(A) Periodic reports describing the status of
negotiations between the United States and any
independent state of the former Soviet Union re-
lating to agreements for reimbursement of assist-
ance provided to such state under chapter 11 of
part I of the Foreign Assistance Act of 1961.
(B) A report containing the results of the
study conducted pursuant to paragraph (2), in-
cluding the names of those independent states of
the former Soviet Union capable of providing
eventual reimbursement of assistance provided to
such states under that chapter. Such report shall
be submitted not later than June 30, 1994.
(4) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply:
(A) RELEVANT
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘relevant congressional com-
mittees’’ means the Committee on Foreign Af-
fairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(B) RESOURCES.—The term ‘‘resources’’ in-
cludes commodities, raw materials (including
necessary or strategic raw materials, as defined
in section 663(a) of the Foreign Assistance Act
of 1961), and other valuable materials.
173
(e) IMPROVING MONITORING OF ECONOMIC PERFORM-
ANCE IN THE INDEPENDENT STATES.—Section 498B of that
Act, as amended by subsection (d)(1) of this section, is fur-
ther amended—
(1) by redesignating subsection (l) as subsection
(m); and
(2) by inserting after subsection (k) the follow-
ing:
‘‘(l) IMPROVING MONITORING OF ECONOMIC PERFORM-
ANCE IN THE INDEPENDENT STATES.—Assistance under
section 498 shall include training and other technical as-
sistance to develop capabilities to monitor economic per-
formance in the independent states of the former Soviet
Union through the collection, analysis, and dissemination
of economic statistical data.’’.
SEC. 1312. ASSISTANCE FOR MONGOLIA.
The President is authorized to use funds made avail-
able to carry out chapter 11 of part I of the Foreign Assist-
ance Act of 1961 (relating to assistance for the independent
states of the former Soviet Union) to provide assistance for
Mongolia in accordance with the same authorities, restric-
tions, and other provisions that are applicable to assistance
under that chapter for independent states of the former So-
viet Union.
174
SEC. 1313. TERMINATION OF IMET PROGRAM FOR MALTA.
Funds made available for fiscal year 1994 to carry out
chapter 5 of part II of the Foreign Assistance Act of 1961
(relating to the international military education and train-
ing program) may not be obligated for Malta.
SEC. 1314. ADMINISTRATION OF JUSTICE AND OTHER LAW
ENFORCEMENT ASSISTANCE PROGRAMS FOR
LATIN AMERICA AND THE CARIBBEAN.
(a) EXTENSION OF PROGRAM AUTHORITY.—Section
534 of the Foreign Assistance Act of 1961 is amended by
striking the last sentence of subsection (e) and by inserting
after subsection (e) the following:
‘‘(f) The authority of this section shall expire on Sep-
tember 30, 1994.’’.
(b) ELIMINATION
OF PROGRAM CEILINGS.—Section
534 of that Act is amended—
(1) by repealing the second sentence of subsection
(e); and
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) Funds made available to carry out this chapter
may be used to provide assistance under this section.’’.
(c) PROTECTION
OF
PARTICIPANTS
IN
JUDICIAL
CASES.—Section 534(b)(3) of that Act is amended—
(1) by redesignating subparagraphs (C) and (D)
as subparagraphs (D) and (E), respectively; and
175
(2) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) programs to enhance protection of par-
ticipants in judicial cases;’’.
(d) SPECIAL
AUTHORITIES
FOR
CERTAIN
COUN-
TRIES.—Funds made available for fiscal year 1994 to carry
out section 534 of that Act may be used, notwithstanding
section 660 of that Act, to provide assistance as follows:
(1) PANAMA.—Up to $10,000,000 may be made
available for Panama for the following:
(A) Technical assistance, training, and
commodities with the objective of creating a pro-
fessional civilian police force, except that assist-
ance under this subparagraph—
(i) shall not include more than
$5,000,000 for the procurement of equip-
ment for law enforcement purposes, and
(ii) shall not include lethal equipment.
(B) Programs to improve penal institutions
and the rehabilitation of offenders, which may
include programs that are not conducted through
multilateral or regional institutions.
(2) EL SALVADOR.—Funds allocated for El Sal-
vador may be used for law enforcement assistance in
176
a manner consistent with the Salvadoran Peace Ac-
cords.
SEC. 1315. WAIVER OF BROOKE AMENDMENT FOR NICA-
RAGUA.
Section 620(q) of the Foreign Assistance Act of 1961
and the corresponding section of the Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 1994, shall not apply to funds made available for fiscal
year 1994 for any assistance for Nicaragua under the For-
eign Assistance Act of 1961 or the Arms Export Control
Act.
SEC. 1316. SPECIAL NOTIFICATION REQUIREMENTS FOR
GUATEMALA AND PERU.
Funds made available for fiscal year 1994 to carry out
the Foreign Assistance Act of 1961 or for the ‘‘Foreign Mili-
tary Financing Program’’ account under section 23 of the
Arms Export Control Act may not be obligated for assist-
ance for Guatemala or Peru unless the congressional com-
mittees specified in section 634A(a) of the Foreign Assist-
ance Act of 1961 are notified at least 15 days in advance
in accordance with the reprogramming procedures applica-
ble under that section.
SEC. 1317. ASSISTANCE FOR THE MIDDLE EAST.
(a) ISRAEL.—
177
(1) ECONOMIC SUPPORT FUND.—Of the amounts
made available for fiscal year 1994 for assistance
under chapter 4 of part II of the Foreign Assistance
Act of 1961, not less than $1,200,000,000 shall be
available only for Israel. Such funds shall be avail-
able on a grant basis as a cash transfer and shall be
disbursed in accordance with paragraph (3).
(2) FOREIGN MILITARY FINANCING.—(A) Of the
amounts made available for fiscal year 1994 for as-
sistance under the ‘‘Foreign Military Financing Pro-
gram’’ account under section 23 of the Arms Export
Control Act, not less than $1,800,000,000 shall be
available only for Israel.
(B) To the extent that the Government of Israel
requests that funds be used for such purposes, funds
made available for Israel pursuant to this paragraph
shall, as agreed by Israel and the United States, be
available for advanced fighter aircraft programs or
for other advanced weapons systems, as follows:
(i) Up to $150,000,000 shall be available for
research and development in the United States.
(ii) Not less than $475,000,000 shall be
available for the procurement in Israel of defense
articles and defense services, including research
and development.
178
(3) EARLY DISBURSEMENT.—The assistance pro-
vided for Israel pursuant to paragraphs (1) and (2)
shall be disbursed within 30 days after the date of en-
actment of the Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1994,
or by October 31, 1993, whichever is later.
(b) EGYPT.—
(1) ECONOMIC SUPPORT FUND.—Of the amounts
made available for fiscal year 1994 for assistance
under chapter 4 of part II of the Foreign Assistance
Act of 1961, not less than $815,000,000 shall be avail-
able only for Egypt.
(2) FOREIGN
MILITARY
FINANCING.—Of the
amounts made available for fiscal year 1994 for as-
sistance under the ‘‘Foreign Military Financing Pro-
gram’’ account under section 23 of the Arms Export
Control Act, not less than $1,300,000,000 shall be
available only for Egypt.
(c) COOPERATIVE DEVELOPMENT PROJECTS.—Of the
amounts made available for fiscal year 1994 to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961
(relating to the economic support fund), not less than
$10,000,000 shall be available only for cooperative projects
among the United States, Israel, and developing countries,
including projects under the Cooperative Development Pro-
179
gram, cooperative development research projects, and coop-
erative projects among the United States and Israel and
the countries of Eastern Europe, the Baltic states, and the
independent states of the former Soviet Union.
(d) MIDDLE EAST REGIONAL COOPERATIVE PRO-
GRAMS.—Of the amounts made available for fiscal year
1994 to carry out chapter 4 of part II of the Foreign Assist-
ance Act of 1961 (relating to the economic support fund),
not less than $7,000,000 shall be available only for Middle
East regional cooperative programs carried out in accord-
ance with section 202(c) of the International Security and
Development Cooperation Act of 1985.
SEC. 1318. MILITARY DRAWDOWN FOR ISRAEL.
Section 599B(a) of the Foreign Operations, Export Fi-
nancing, and Related Programs Appropriations Act, 1991,
is amended by inserting ‘‘and fiscal year 1994’’ after ‘‘fiscal
year 1993’’.
TITLE XIV—PROVISIONS RELATING TO
ARMS TRANSFERS
SEC. 1401. COMPETITIVE PRICING FOR SALES OF DEFENSE
ARTICLES AND SERVICES.
(a) COSTING BASIS.—Section 22 of the Arms Export
Control Act is amended by adding at the end the following:
‘‘(d) COMPETITIVE PRICING.—Procurement contracts
made in implementation of sales under this section for de-
180
fense articles and defense services wholly paid from funds
made available on a nonrepayable basis shall be priced on
the same costing basis with regard to profit, overhead, inde-
pendent research and development, bid and proposal, and
other costing elements, as is applicable to procurements of
like items purchased by the Department of Defense for its
own use.’’.
(b) EFFECTIVE DATE AND IMPLEMENTING REGULA-
TIONS.—The amendment made by subsection (a)—
(1) shall be effective as of the 60th day following
the date of the enactment of this section;
(2) shall be applicable only to contracts made in
implementation of sales made after such effective date;
and
(3) shall be implemented by revised procurement
regulations, which shall be issued prior to such effec-
tive date.
SEC. 1402. INCREASE IN AGGREGATE CEILING ON TRANS-
FERS OF EXCESS DEFENSE ARTICLES.
Effective October 1, 1993, section 31(d) of the Arms
Export Control Act is amended by striking ‘‘$250,000,000’’
and inserting ‘‘$375,000,000’’.
181
SEC. 1403. ELIGIBILITY OF EAST EUROPEAN COUNTRIES TO
RECEIVE NONLETHAL EXCESS DEFENSE ARTI-
CLES.
(a) IN GENERAL.—Section 519(a) of the Foreign As-
sistance Act of 1961 is amended by inserting ‘‘or to any
East European country (as defined in section 3 of the Sup-
port for East European Democracy (SEED) Act of 1989)
other than an East European country that is prohibited
from receiving assistance under that Act’’ after ‘‘in which
the transfer is authorized’’.
(b) CONFORMING AMENDMENT.—Section 906(a) of the
Freedom for Russia and Emerging Eurasian Democracies
and Open Markets Support Act of 1992 is amended—
(1) by striking paragraph (2);
(2) by striking ‘‘eligible—’’ through ‘‘(1) to pur-
chase’’ and inserting ‘‘eligible to purchase’’;
(3) by redesignating subparagraphs (A) and (B)
as paragraphs (1) and (2), respectively, and by
resetting their left margins on a 2-em indentation;
and
(4) by striking ‘‘; and’’ at the end of paragraph
(2), as so redesignated, and inserting a period.
182
SEC. 1404. EXCEPTION TO PAYMENT OF FULL COST FOR
SALES OF DEFENSE TRAINING SERVICES TO
CERTAIN COUNTRIES AND INTERNATIONAL
ORGANIZATIONS.
Section 21(a) of the Arms Export Control Act is
amended—
(1) in paragraph (1)(C)—
(A) by inserting ‘‘(i)’’ after ‘‘sold to’’,
(B) by inserting ‘‘or (ii) a purchaser de-
scribed in paragraph (3)’’ after ‘‘Act of 1961’’,
and
(C) by striking ‘‘such assistance’’ and in-
serting ‘‘such training’’; and
(2) by adding after paragraph (2) the following:
‘‘(3) Clause (ii) of paragraph (1)(C) applies in the case
of a purchaser of training under this section if the President
notifies the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign Rela-
tions of the Senate and the Committee on Appropriations,
the Committee on Armed Services, and the Committee on
Foreign Affairs of the House of Representatives, in accord-
ance with the regular notification procedures of those com-
mittees, at least 15 days before issuing a letter of offer to
sell such training. Such notification shall include a descrip-
tion of any reciprocal benefits that the United States Gov-
183
ernment will receive in exchange for the sale of such train-
ing on less than a full cost basis.’’.
SEC. 1405. ELIGIBILITY OF MAJOR NON-NATO ALLIES TO RE-
CEIVE CERTAIN CONTRACT SERVICES IN CON-
NECTION WITH SALES OF DEFENSE ARTICLES
AND SERVICES.
(a) AUTHORIZATION.—Section 21(h) of the Arms Ex-
port Control Act is amended—
(1) in paragraph (1)(A), by inserting ‘‘or which
is a major non-NATO ally’’ after ‘‘Treaty Organiza-
tion’’;
(2) in paragraph (2), by striking ‘‘if that Orga-
nization or member government’’ and inserting ‘‘or to
any major non-NATO ally, if that Organization,
member government, or major non-NATO ally’’; and
(3) by adding at the end the following:
‘‘(3) As used in this subsection, the term ‘major non-
NATO ally’ has the meaning given such term in section
2350a(i)(3) of title 10, United States Code.’’.
(b) 
EFFECTIVE
DATE.—Notwithstanding 
section
21(h)(1) of that Act, the amendment made by subsection
(a)(1) applies with respect to contracts and subcontracts en-
tered into after the date of enactment of this Act.
184
SEC. 1406. ADDITIONS TO WAR RESERVE STOCKPILES FOR
ALLIES.
Section 514(b)(2) of the Foreign Assistance Act of 1961
is amended by adding at the end the following: ‘‘Except
as provided in the last two sentences of this paragraph, the
value of such additions to stockpiles in foreign countries
in fiscal year 1994 shall not exceed $72,000,000, which shall
be for stockpiles in the Republic of Korea. In addition, to
the extent that the authority of the first sentence of this
paragraph has not been exercised with respect to Israel in
fiscal year 1993, that authority may be exercised during
fiscal year 1994 except that the aggregate value of such ad-
ditions for Israel in both such fiscal years may not exceed
$200,000,000. Defense articles having an aggregate value of
not to exceed $20,000,000 may be added to stockpiles in
Thailand in fiscal years 1993 and 1994.’’.
SEC. 1407. ARAB BOYCOTT.
(a) PROHIBITION ON CERTAIN SALES AND LEASES.—
Defense articles and defense services may not be sold or
leased by the United States Government to any country or
international organization which as a matter of policy or
practice is known to have sent letters to United States firms
requesting compliance with, or soliciting information re-
garding compliance with, the secondary or tertiary Arab
boycott, unless the President determines, and reports to the
relevant congressional committees, that that country or or-
185
ganization does not now send such letters as a matter of
policy or practice.
(b) WAIVER OF PROHIBITION.—
(1) 1 YEAR WAIVER.—After the effective date of
this section, the President may waive, for a period of
1 year, the application of subsection (a) with respect
to any country or organization if the President deter-
mines, and reports to the relevant congressional com-
mittees, that—
(A) such waiver is in the national interest
of the United States, and such waiver will pro-
mote the objectives of this section to eliminate the
Arab boycott; or
(B) such waiver is in the national security
interest of the United States.
(2) EXTENSION OF WAIVER.—If the President de-
termines that the further extension of a waiver will
promote the objectives of this section, the President,
with appropriate notification to relevant congres-
sional committees, may grant further extensions of
such waiver for successive 12-month periods.
(3) TERMINATION
OF
WAIVER.—The President
may, at any time, terminate any waiver granted
under this subsection.
186
(c) RELEVANT
CONGRESSIONAL
COMMITTEES.—As
used in this section, the term ‘‘relevant congressional com-
mittees’’ means the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House
of Representatives.
(d) EFFECTIVE DATE.—This section shall not take ef-
fect until one year after the date of enactment of this Act.
TITLE XV—OTHER FOREIGN ASSISTANCE
PROVISIONS
SEC. 1501. INTEREST ACCRUING TO NONGOVERNMENTAL
ORGANIZATIONS.
(a) IN GENERAL.—Chapter 1 of part III of the Foreign
Assistance Act of 1961 is amended by inserting after section
617 the following:
‘‘SEC. 618. INTEREST ACCRUING TO NONGOVERNMENTAL
ORGANIZATIONS.
‘‘(a) AUTHORITY TO RETAIN INTEREST.—A non-
governmental organization may place in an interest bear-
ing account—
‘‘(1) funds made available on a grant basis
under part I of this Act or under the Support for
East European Democracy (SEED) Act of 1989; and
‘‘(2) local currencies which accrue to that orga-
nization as a result of grant assistance provided
under part I of this Act or assistance under titles I
187
through III of the Agricultural Trade Development
and Assistance Act of 1954, section 416(b) of the Ag-
ricultural Act of 1949, or the Food for Progress Act
of 1985.
Any interest so earned may be retained by the nongovern-
mental organization and used for the purpose for which the
assistance was provided to that organization.
‘‘(b) LIMITATION ON ENDOWMENTS.—Any grant agree-
ment entered into after the date of enactment of this section
to establish an endowment pursuant to the authority of sub-
section (a)(1) shall provide that—
‘‘(1) the grant proceeds shall be maintained in a
separate account;
‘‘(2) the agency primarily responsible for admin-
istering part I may terminate at any time, in its sole
discretion, the endowment and recover endowment
principal equal to the amount of the grant; and
‘‘(3) unless the authority described in paragraph
(2) has been exercised, not later than 20 years after
the date of the grant—
‘‘(A) the endowment shall be terminated,
and
‘‘(B) all funds in the endowment and all in-
terest earned as a result of the endowment shall
be expended for the purpose for which the assist-
188
ance was provided or returned to the Govern-
ment of the United States.’’.
(b) EFFECTIVE DATE.—The amendment made by this
section applies to both interest earned before and interest
earned after the date of enactment of this Act.
SEC. 1502. PRIVATE SECTOR REVOLVING FUND.
Section 108 of the Foreign Assistance Act of 1961 is
amended by adding at the end the following:
‘‘(j) TERMINATION OF AUTHORITY.—After the date of
enactment of this subsection, loans may not be made, loan
guarantees may not be issued, previously issued guarantees
may not be renewed or otherwise extended, and assistance
may not otherwise be provided under the authority of this
section.’’.
SEC. 1503. DEVELOPMENT ASSISTANCE THROUGH NON-
GOVERNMENTAL ORGANIZATIONS.
Chapter 1 of part III of the Foreign Assistance Act
of 1961 is amended by inserting before section 620 the
following:
‘‘SEC. 619. ASSISTANCE THROUGH NONGOVERNMENTAL OR-
GANIZATIONS.
‘‘(a) DEVELOPMENT ASSISTANCE.—Restrictions con-
tained in this or any other Act with respect to assistance
for a country shall not restrict assistance in support of pro-
grams of nongovernmental organizations that is provided
189
under chapter 1 or chapter 10 of part I of this Act. The
President shall take into consideration, in any case in
which a restriction on assistance would be applicable but
for this section, whether assistance in support of programs
of nongovernmental organizations is in the national inter-
est of the United States.
‘‘(b) NOTICE TO CONGRESS.—Before using the author-
ity of this section to furnish assistance in support of pro-
grams of nongovernmental organizations, the President
shall notify the congressional committees specified in section
634A(a) of this Act in accordance with the procedures ap-
plicable to reprogramming notifications under that section.
Such notice shall include a description of the program to
be assisted, the assistance to be provided, and the reasons
for furnishing such assistance.
‘‘(c) EXCEPTIONS.—This section shall not apply with
respect to—
‘‘(1) section 620A of this Act or any comparable
provision of law prohibiting assistance to countries
that support international terrorism; or
‘‘(2) section 116 of this Act or any comparable
provision of law prohibiting assistance to countries
that violate internationally recognized human rights.
‘‘(d) ABORTION
AND INVOLUNTARY STERILIZATION
PROHIBITIONS.—Nothing in this section alters any statu-
190
tory prohibition against funding for abortion or involun-
tary sterilizations.’’.
SEC. 1504. IMPACT OF FOREIGN ASSISTANCE PROGRAMS ON
JOBS IN THE UNITED STATES.
Funds authorized to be appropriated by this Act for
foreign assistance programs for fiscal year 1994 may not
be obligated or expended to provide—
(1) any financial incentive to a business enter-
prise located in the United States for the purpose of
inducing that enterprise to relocate outside the United
States if such incentive or inducement is likely to re-
duce the number of individuals employed in the Unit-
ed States by that enterprise because that enterprise
would replace production in the United States with
production outside the United States;
(2) assistance for the purpose of establishing or
developing in a foreign country any export processing
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 carried out
within that zone or area, unless the President deter-
mines and certifies that such assistance is not likely
to cause a loss of jobs within the United States; or
(3) assistance for any project or activity that
contributes to the violation of internationally recog-
191
nized workers rights (as defined in section 502(a)(4)
of the Trade Act of 1974) of workers in the recipient
country, including in any designated zone or area in
that country.
In recognition that the application of paragraph (3) should
be commensurate with the level of development of the recipi-
ent country and sector, that paragraph does not preclude
assistance for the informal sector in such country, for
microenterprises and small-scale enterprises, or for small-
holder agriculture.
SEC. 1505. CAPITAL PROJECTS.
Chapter 3 of part III of the Foreign Assistance Act
of 1961 is amended by inserting after section 661 the
following:
‘‘SEC. 662. CAPITAL PROJECTS.
‘‘(a) ESTABLISHMENT OF PILOT PROGRAM.—The Di-
rector of the Trade and Development Agency shall establish
a capital projects pilot program to carry out the purpose
described in subsection (b).
‘‘(b) PURPOSE OF PROGRAM.—The purpose referred to
in subsection (a) is to develop a program administered by
TDA that would focus solely on developmentally sound cap-
ital projects in developing countries and in countries mak-
ing the transition from a nonmarket to a market economy,
192
taking into consideration the development needs of the host
country and the export opportunities for the United States.
‘‘(c) ACTIVITIES.—The Director, in coordination with
the appropriate other members of the Trade Promotion
Coordination Committee—
‘‘(1) shall support capital projects in developing
countries and in countries making the transition
from a nonmarket to a market economy; and
‘‘(2) shall periodically review infrastructure
needs in these countries and shall explore opportuni-
ties for United States firms in the development of new
capital projects in these countries, keeping both
United States firms and the Congress informed of
these reviews.
‘‘(d) GUARANTEE AUTHORITY.—In addition to mak-
ing grants to carry out this section, the Director is author-
ized to issue guarantees to eligible investors (as defined in
section 238(c)) assuring against losses incurred in connec-
tion with loans obtained by such investors to finance their
participation in capital projects described in subsection (b).
A fee shall be charged for each such guarantee issued in
an amount to be determined by the Director.
‘‘(e) PROCUREMENT FROM THE UNITED STATES.—
Guarantees and other financial support provided for cap-
ital projects under this section shall be provided for procure-
193
ment of goods and services from the United States to the
maximum extent possible, consistent with the guidelines of
the Organization for Economic Cooperation and Develop-
ment.
‘‘(f) PROJECTS TO BE DEVELOPMENTALLY SOUND.—
The Director, in coordination with the appropriate other
members of the Trade Promotion Coordination Committee,
shall ensure that each capital project for which TDA pro-
vides financial support is developmentally sound, as deter-
mined under the criteria developed by the Development As-
sistance Committee of the Organization for Economic
Cooperation and Development.
‘‘(g) COORDINATION.—The President shall utilize the
existing interagency coordinating mechanism to coordinate
activities under this section with other relevant activities
of the United States Government.
‘‘(h) NONAPPLICABILITY
OF OTHER PROVISIONS.—
Any funds used for purposes of this section may be used
notwithstanding any other provision of law.
‘‘(i) REPORT TO CONGRESS.—Not later than 1 year
after the date of enactment of this section, the Director shall
submit to the Congress a report describing—
‘‘(1) the extent to which United States Govern-
ment resources have been expended specifically to sup-
port the capitol projects described in subsection (b);
194
‘‘(2) the extent to which the activities of the
United States Government have been coordinated pur-
suant to subsection (g); and
‘‘(3) the feasibility of establishing a permanent
program modeled on the pilot program establishment
pursuant to this section.
‘‘(j) FUNDING.—
‘‘(1) IN GENERAL.—Notwithstanding the percent-
age limitations in section 610(a), the President shall
transfer $300,000,000 of funds specified in paragraph
(2) to TDA for use in carrying out this section, in-
cluding the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990) of guarantees
issued under subsection (d).
‘‘(2) SOURCE OF FUNDS.—The funds specified in
this paragraph are—
‘‘(A) funds made available for fiscal year
1994 for assistance under chapter 4 of part II of
this Act (relating to the economic support fund),
excluding funds made available pursuant to sub-
sections (a)(1), (c), and (d) of section 1317 of the
Foreign Assistance Authorization Act of 1993;
‘‘(B) funds made available for fiscal year
1994 for assistance under chapter 11 of part I
196
or the acquisition of equipment for, a physical facil-
ity or physical infrastructure, including related engi-
neering design (concept and detail) and other services,
the procurement of equipment (including any related
services), and feasibility studies or similar engineer-
ing and economic services;
‘‘(2) the term ‘Director’ means the Director of
TDA; and
‘‘(3) the term ‘TDA’ means the Trade and Devel-
opment Agency.’’.
SEC. 1506. MICROENTERPRISE DEVELOPMENT.
Chapter 2 of part I of the Foreign Assistance Act of
1961 is amended by adding after title V the following:
‘‘TITLE VI—MICROENTERPRISE DEVELOPMENT
‘‘SEC. 251. MICROENTERPRISE DEVELOPMENT.
‘‘(a) CENTRALLY-MANAGED FUND.—
‘‘(1) ESTABLISHMENT AND MANAGEMENT.—The
administrator of the agency primarily responsible for
administering this part shall establish within the
agency a centrally-managed fund to be known as the
Microenterprise Development Fund (hereinafter in
this section referred to as the ‘Fund’). The Fund shall
be managed by the office in that agency that has pri-
mary responsibility for working with private and vol-
untary organizations.
197
‘‘(2) DISBURSEMENTS THROUGH THE FUND.—
All funds made available to carry out this part that
are used to promote microenterprise development shall
be disbursed through the Fund.
‘‘(b) ACTIVITIES TO BE SUPPORTED.—The Fund shall
be used to support—
‘‘(1) the institutional development of the organi-
zations described in subsection (c);
‘‘(2) the provision of microenterprise credit
through the organizations described in subsection (c);
and
‘‘(3) research on microenterprise development
and evaluation of microenterprise activities funded
under this section.
‘‘(c) INTERMEDIARY
ORGANIZATIONS.—Funds dis-
bursed through the Fund shall be primarily channeled
through—
‘‘(1) United States and indigenous private and
voluntary organizations,
‘‘(2) United States and indigenous credit union
organizations, and
‘‘(3) other indigenous governmental and non-
governmental organizations,
that have demonstrated a capacity to develop sustainable
microenterprise service institutions.
198
‘‘(d) ALLOCATION OF FUNDS.—
‘‘(1) 
MICROENTERPRISE
CREDIT.—(A) 
Of
amounts disbursed through the Fund each fiscal year
pursuant to subsection (b)(2), at least 50 percent shall
be used for poverty lending. As used in this para-
graph, the term ‘poverty lending’ means a loan of
$300 or less or, in the case of an initial loan, of $150
or less.
‘‘(B) The administrator of the agency primarily
responsible for administering this part shall seek to
ensure that not less than 60 percent of the borrowers
of funds disbursed through the Fund pursuant to sub-
section (b)(2) are women.
‘‘(2) RESEARCH
AND
EVALUATION.—Not more
than 5 percent of funds disbursed through the Fund
each fiscal year may be used for research and evalua-
tion activities under subsection (b)(3).’’.
SEC. 1507. REPORT ON AID’S IMPLEMENTATION OF AGENDA
21 PRINCIPLES.
Not later than 2 years after the date of enactment of
this Act, the administrator of the agency primarily respon-
sible for administering part I of the Foreign Assistance Act
of 1961 shall submit to the Congress a report on the incorpo-
ration of the Agenda 21 principles of the United Nations
199
Conference on Environment and Development into the for-
eign assistance activities administered by that agency.
SEC. 1508. AUTHORITY TO PROVIDE RECONSTRUCTION AS-
SISTANCE UNDER INTERNATIONAL DISASTER
ASSISTANCE.
Section 491(b) of the Foreign Assistance Act of 1961
is amended by striking ‘‘disaster relief and rehabilitation’’
and inserting ‘‘disaster relief, rehabilitation, and recon-
struction’’.
SEC. 1509. DEOBLIGATION OF CERTAIN UNEXPENDED ECO-
NOMIC ASSISTANCE FUNDS.
Chapter 3 of part III of the Foreign Assistance Act
of 1961 is amended by adding at the end the following:
‘‘SEC. 671. DEOBLIGATION OF CERTAIN UNEXPENDED ECO-
NOMIC ASSISTANCE FUNDS.
‘‘(a) REQUIREMENT TO DEOBLIGATE.—
‘‘(1) ANNUAL DEOBLIGATIONS.—Except as pro-
vided in subsection (b), at the beginning of each fiscal
year the President shall deobligate and return to the
Treasury any funds described in paragraph (2) that,
as of the end of the preceding fiscal year, have been
obligated for a period of more than 4 years but have
not been expended.
‘‘(2) FUNDS
SUBJECT
TO
REQUIREMENTS.—
Paragraph (1) applies with respect to funds made
200
available to carry out chapter 1 of part I (relating
to development assistance), chapter 4 of part I (relat-
ing to the Multilateral Assistance Initiative for the
Philippines), chapter 10 of part I (relating to the De-
velopment Fund for Africa), chapter 11 of part I (re-
lating to assistance for the independent states of the
former Soviet Union), or chapter 4 of part II (relat-
ing to the economic support fund) or to carry out the
Support for East European Democracy (SEED) Act
of 1989.
‘‘(b) EXCEPTIONS.—The President, on a case-by-case
basis, may waive the requirement of subsection (a) if the
President determines, and reports to the appropriate con-
gressional committees, that—
‘‘(1) the funds are being used for a construction
or long term participant training project that re-
quires more than 4 years to complete; or
‘‘(2) the funds have not been expended because of
unforeseen circumstances, and those circumstances
could not have been reasonably foreseen.
‘‘(c) IG COMMENTS ON WAIVERS.—As soon as possible
after submission of a report pursuant to subsection (b), the
Inspector General for the agency primarily responsible for
administering part I of this Act shall submit to the appro-
priate congressional committees such comments as the In-
201
spector General considers appropriate with regard to the
determination described in that report.
‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—
As used in this section, the term ‘appropriate congressional
committees’ means the Committee on Foreign Affairs and
the Committee on Appropriations of the House of Rep-
resentatives and the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.’’.
TITLE XVI—BOSNIA-HERCEGOVINA
SEC. 1601. SHORT TITLE.
This title may be cited as the ‘‘Bosnia-Hercegovina
Self-Defense Act of 1993’’.
SEC. 1602. FINDINGS.
The Congress makes the following findings:
(1) On July 10, 1991, the United States adopted
a policy suspending all licenses and other approvals
to export or otherwise transfer defense articles and de-
fense services to Yugoslavia.
(2) On September 25, 1991, the United Nations
Security Council adopted Resolution 713, which im-
posed a mandatory international embargo on all de-
liveries of weapons and military equipment to Yugo-
slavia.
(3) The United States considered the policy
adopted July 10, 1991, to comply fully with Resolu-
202
tion 713 and therefore took no additional action in
response to that resolution.
(4) On January 8, 1992, the United Nations Se-
curity Council adopted Resolution 727, which decided
that the mandatory arms embargo imposed by Resolu-
tion 713 should apply to any independent states that
might thereafter emerge on the territory of Yugo-
slavia.
(5) On February 29 and March 1, 1992, the peo-
ple of Bosnia-Hercegovina voted in a referendum to
declare independence from Yugoslavia.
(6) On April 7, 1992, the United States recog-
nized the Government of Bosnia-Hercegovina.
(7) On May 22, 1992, the Government of Bosnia-
Hercegovina was admitted to full membership in the
United Nations.
(8) Consistent with Resolution 727, the United
States has continued to apply the policy adopted July
10, 1991, to independent states that have emerged on
the territory of the former Yugoslavia, including
Bosnia-Hercegovina.
(9) Subsequent to the adoption of Resolution 727
and Bosnia-Hercegovina’s independence referendum,
the seige of Sarajevo began and fighting spread to
other areas of Bosnia-Hercegovina.
203
(10) The Government of Serbia intervened di-
rectly in the fighting by providing significant mili-
tary, financial, and political support and direction to
Serbian-allied irregular forces in Bosnia-Hercegovina.
(11) In statements dated May 1 and May 12,
1992, the Conference on Security and Cooperation in
Europe declared that the Government of Serbia and
the Serbian-controlled Yugoslav National Army were
committing aggression against the Government of
Bosnia-Hercegovina and assigned to them prime re-
sponsibility for the escalation of bloodshed and de-
struction.
(12) On May 30, 1992, the United Nations Secu-
rity Council adopted Resolution 757, which con-
demned the Government of Serbia for its continued
failure to respect the territorial integrity of Bosnia-
Hercegovina.
(13) Serbian-allied irregular forces have, over the
last year, occupied approximately 70 percent of the
territory of Bosnia-Hercegovina, committed gross vio-
lations of human rights in the areas they have occu-
pied, and established a secessionist government com-
mitted to eventual unification with Serbia.
(14) The military and other support and direc-
tion provided to Serbian-allied irregular forces in
204
Bosnia-Hercegovina constitutes an armed attack on
the Government of Bosnia-Hercegovina by the Gov-
ernment of Serbia within the meaning of Article 51
of the United Nations Charter.
(15) Under Article 51, the Government of
Bosnia-Hercegovina, as a member of the United Na-
tions, has an inherent right of individual or collective
self-defense against the armed attack from the Govern-
ment of Serbia until the United Nations Security
Council has taken measures necessary to maintain
international peace and security.
(16) The measures taken by the United Nations
Security Council in response to the armed attack on
Bosnia-Hercegovina have not been adequate to main-
tain international peace and security.
(17) Bosnia-Hercegovina has been unable suc-
cessfully to resist the armed attack from Serbia be-
cause it lacks the means to counter heavy weaponry
that Serbia obtained from the Yugoslav National
Army upon the dissolution of Yugoslavia, and because
the mandatory international arms embargo has pre-
vented Bosnia-Hercegovina from obtaining from other
countries the means to counter such heavy weaponry.
(18) On December 18, 1992, with the affirmative
vote of the United States, the United Nations General
205
Assembly adopted Resolution 47/121, which urged the
United Nations Security Council to exempt Bosnia-
Hercegovina from the mandatory arms embargo im-
posed by Resolution 713.
(19) In the absence of adequate measures to
maintain international peace and security, continued
application to the Government of Bosnia-Hercegovina
of the mandatory international arms embargo im-
posed by the United Nations Security Council prior
to the armed attack on Bosnia-Hercegovina under-
mines that government’s right of individual or collec-
tive self-defense and therefore contravenes Article 51 of
the United Nations Charter.
(20) Bosnia-Hercegovina’s right of self-defense
under Article 51 of the United Nations Charter in-
cludes the right to ask for military assistance from
other countries and to receive such assistance if of-
fered.
SEC. 1603. UNITED STATES ARMS EMBARGO OF THE GOV-
ERNMENT OF BOSNIA-HERCEGOVINA.
(a) TERMINATION.—The President may terminate the
United States arms embargo of the Government of Bosnia-
Hercegovina upon receipt from that government of a request
for assistance in exercising its right of self-defense under
Article 51 of the United Nations Charter.
206
(b) DEFINITION.—As used in this section, the term
‘‘United States arms embargo of the Government of Bosnia-
Hercegovina’’ means the application to the Government of
Bosnia-Hercegovina of—
(1) the policy adopted July 10, 1991, and pub-
lished in the Federal Register of July 19, 1991 (58
Fed. Reg. 33322) under the heading ‘‘Suspension of
Munitions Export Licenses to Yugoslavia’’; and
(2) any similar policy being applied by the
United States Government, as of the date of receipt
of the request described in subsection (a), pursuant to
which approval is routinely denied for transfers of de-
fense articles and defense services to the former Yugo-
slavia.
SEC. 1604. UNITED STATES MILITARY ASSISTANCE FOR
BOSNIA-HERCEGOVINA.
(a) POLICY.—The President should provide appro-
priate military assistance to the Government of Bosnia-
Hercegovina upon receipt from that government of a request
for assistance in exercising its right of self-defense under
Article 51 of the United Nations Charter.
(b) AUTHORIZATION OF MILITARY ASSISTANCE.—
(1) DRAWDOWN AUTHORITY.—If the Government
of Bosnia-Hercegovina requests United States assist-
ance in exercising its right of self-defense under Arti-
207
cle 51 of the United Nations Charter, the President is
authorized to direct the drawdown of defense articles
from the stocks of the Department of Defense, defense
services of the Department of Defense, and military
education and training in order to provide assistance
to the Government of Bosnia-Hercegovina. Such as-
sistance shall be provided on such terms and condi-
tions as the President may determine.
(2) LIMITATION ON VALUE OF TRANSFERS.—The
aggregate value (as defined in section 664(m) of the
Foreign Assistance Act of 1961) of defense articles, de-
fense services, and military education and training
provided under this subsection may not exceed
$200,000,000.
(3) EXPIRATION OF AUTHORIZATION.—The au-
thority provided to the President in paragraph (1) ex-
pires at the end of fiscal year 1994.
(4) LIMITATION ON ACTIVITIES.—Members of the
United States Armed Forces who perform defense
services or provide military education and training
outside the United States under this subsection may
not perform any duties of a combatant nature, in-
cluding any duties related to training and advising
that may engage them in combat activities.
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