H. R. 4426—14
States of comparable maturities: Provided further, That funds
appropriated under this heading shall be made available for Greece
and Turkey only on a loan basis, and the principal amount of
direct loans for each country shall not exceed the following:
$255,150,000 only for Greece and $364,500,000 only for Turkey:
Provided further, That 10 percent of the principal amount of direct
loans for Turkey shall be withheld until the Secretary of State,
in consultation with the Secretary of Defense, has submitted to
the Committees on Appropriations a report addressing, among other
things, the allegations of abuses against civilians by the Turkish
armed forces and the situation in Cyprus, and a separate notifica-
tion has been submitted at least 15 days prior to the obligation
of such funds: Provided further, That 10 percent of the principal
amount of direct loans for Greece shall be withheld until the Sec-
retary of State has submitted to the Committees on Appropriations
a report on the allegations of Greek violations of the United Nations
sanctions against Serbia and of the United Nations Charter, and
a separate notification has been submitted at least 15 days prior
to the obligation of such funds.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurements
has first signed an agreement with the United States Government
specifying the conditions under which such procurements may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided further,
That funds made available under this heading shall be obligated
upon apportionment in accordance with paragraph (5)(C) of title
31, United States Code, section 1501(a): Provided further, That
none of the funds appropriated under this heading shall be available
for Zaire, Sudan, Liberia, Guatemala, and Peru: Provided further,
That none of the funds appropriated under this heading may be
made available for Colombia or Bolivia until the Secretary of State
certifies that such funds will be used by such country primarily
for counternarcotics activities: Provided further, That funds made
available under this heading may be used, notwithstanding any
other provision of law, for demining activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That not more than $100,000,000
of the funds made available under this heading shall be available
for use in financing the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act to countries other than Israel and Egypt: Provided further,
That only those countries for which assistance was justified for
the ‘‘Foreign Military Sales Financing Program’’ in the fiscal year
1989 congressional presentation for security assistance programs
may utilize funds made available under this heading for procure-
ment of defense articles, defense services or design and construction
services that are not sold by the United States Government under
the Arms Export Control Act: Provided further, That, subject to
the regular notification procedures of the Committees on Appropria-
tions, funds made available under this heading for the cost of
direct loans may also be used to supplement the funds available
H. R. 4426—15
under this heading for necessary expenses for grants if countries
specified under this heading as eligible for such direct loans decline
to utilize such loans: Provided further, That funds appropriated
under this heading shall be expended at the minimum rate nec-
essary to make timely payment for defense articles and services:
Provided further, That the Department of Defense shall conduct
during the current fiscal year nonreimbursable audits of private
firms whose contracts are made directly with foreign governments
and are financed with funds made available under this heading
(as well as subcontractors thereunder) as requested by the Defense
Security Assistance Agency: Provided further, That not more than
$22,150,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase of pas-
senger motor vehicles for replacement only for use outside of the
United States, for the general costs of administering military assist-
ance and sales: Provided further, That not more than $335,000,000
of funds realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act may be obligated for expenses incurred by the Depart-
ment of Defense during fiscal year 1995 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation may
be exceeded only through the regular notification procedures of
the Committees on Appropriations: Provided further, That none
of the funds appropriated under this heading, and no employee
of the Defense Security Assistance Agency, may be used to facilitate
the transport of aircraft to commercial arms sales shows.
SPECIAL DEFENSE ACQUISITION FUND
Notwithstanding any provision of Public Law 102–391 as
amended by Public Law 103–87, not to exceed $140,000,000 of
the obligational authority provided in that Act under the heading
‘‘Special Defense Acquisition Fund’’ may be obligated pursuant to
section 51(c)(2) of the Arms Export Control Act.
Not to exceed $20,000,000 may be obligated pursuant to section
51(c)(2) of the Arms Export Control Act for the purposes of closing
the Special Defense Acquisition Fund, to remain available for obliga-
tion until September 30, 1998: Provided, That the authority pro-
vided in this Act is not used to initiate new procurements.
PEACEKEEPING OPERATIONS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $75,000,000: Provided,
That of this amount up to $850,000 may be transferred to, and
merged with, funds appropriated under the heading ‘‘International
Military Education and Training’’ to carry out the provisions of
section 541 of the Act: Provided further, That funds transferred
under the previous proviso shall be in addition to amounts that
may be transferred between accounts under the authority of any
other provision of law.
TITLE IV—EXPORT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
H. R. 4426—16
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 104 of the Govern-
ment Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the current
fiscal year may be used to make expenditures, contracts, or commit-
ments for the export of nuclear equipment, fuel, or technology
to any country other than a nuclear-weapon State as defined in
article IX of the Treaty on the Non-Proliferation of Nuclear Weapons
eligible to receive economic or military assistance under this Act
that has detonated a nuclear explosive after the date of enactment
of this Act.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance, and
tied-aid grants as authorized by section 10 of the Export-Import
Bank Act of 1945, as amended, $786,551,000 to remain available
until September 30, 1996: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That such sums shall remain available until 2010 for the disburse-
ment of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 1995 and 1996: Provided further, That
up to $100,000,000 of funds appropriated by this paragraph shall
remain available until expended and may be used for tied-aid
grant purposes: Provided further, That none of the funds appro-
priated by this paragraph may be used for tied-aid credits or grants
except through the regular notification procedures of the Commit-
tees on Appropriations: Provided further, That funds appropriated
by this paragraph are made available notwithstanding section
2(b)(2) of the Export-Import Bank Act of 1945, in connection with
the purchase or lease of any product by any East European country,
any Baltic State, or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaran-
teed loan and insurance programs (to be computed on an accrual
basis), including hire of passenger motor vehicles and services as
authorized by 5 U.S.C. 3109, and not to exceed $20,000 for official
reception and representation expenses for members of the Board
of Directors, $45,228,000: Provided, That necessary expenses
(including special services performed on a contract or fee basis,
but not including other personal services) in connection with the
collection of moneys owed the Export-Import Bank, repossession
or sale of pledged collateral or other assets acquired by the Export-
Import Bank in satisfaction of moneys owed the Export-Import
Bank, or the investigation or appraisal of any property, or the
evaluation of the legal or technical aspects of any transaction for
which an application for a loan, guarantee or insurance commitment
has been made, shall be considered nonadministrative expenses
for the purposes of this heading: Provided further, That, notwith-
standing subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until
October 1, 1995.
H. R. 4426—17
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within
the limits of funds available to it and in accordance with law
as may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance pro-
grams (including an amount for official reception and representation
expenses which shall not exceed $35,000) shall not exceed
$24,322,000: Provided further, That project-specific transaction
costs, including direct and indirect costs incurred in claims settle-
ments, and other direct costs associated with services provided
to specific investors or potential investors pursuant to section 234
of the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $33,944,000, as
authorized by section 234 of the Foreign Assistance Act of 1961,
to be derived by transfer from the Overseas Private Investment
Corporation Noncredit Account: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That such sums shall be available for direct loan obligations and
loan guaranty commitments incurred or made during fiscal years
1995 and 1996: Provided further, That such sums shall remain
available through fiscal year 2003 for the disbursement of direct
and guaranteed loans obligated in fiscal year 1995, and through
fiscal year 2004 for the disbursement of direct and guaranteed
loans obligated in fiscal year 1996. In addition, such sums as
may be necessary for administrative expenses to carry out the
credit program may be derived from amounts available for adminis-
trative expenses to carry out the credit and insurance programs
in the Overseas Private Investment Corporation Noncredit Account
and merged with said account.
FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $44,986,000.
TITLE V—GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled ‘‘International
Disaster Assistance’’, and ‘‘United States Emergency Refugee and
Migration Assistance Fund’’, not more than 15 per centum of any
appropriation item made available by this Act shall be obligated
during the last month of availability.
H. R. 4426—18
PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS
SEC. 502. None of the funds contained in title II of this Act
may be used to carry out the provisions of section 209(d) of the
Foreign Assistance Act of 1961.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made available pursuant
to this Act, not to exceed $126,500 shall be for official residence
expenses of the Agency for International Development during the
current fiscal year: Provided, That appropriate steps shall be taken
to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made available pursuant
to this Act, not to exceed $5,000 shall be for entertainment expenses
of the Agency for International Development during the current
fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made available pursuant
to this Act, not to exceed $95,000 shall be available for representa-
tion allowances for the Agency for International Development dur-
ing the current fiscal year: Provided, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United
States-owned foreign currencies are utilized in lieu of dollars: Pro-
vided further, That of the funds made available by this Act for
general costs of administering military assistance and sales under
the heading ‘‘Foreign Military Financing Program’’, not to exceed
$2,000 shall be available for entertainment expenses and not to
exceed $50,000 shall be available for representation allowances:
Provided further, That of the funds made available by this Act
under the heading ‘‘International Military Education and Training’’,
not to exceed $50,000 shall be available for entertainment allow-
ances: Provided further, That of the funds made available by this
Act for the Inter-American Foundation, not to exceed $2,000 shall
be available for entertainment and representation allowances: Pro-
vided further, That of the funds made available by this Act for
the Peace Corps, not to exceed a total of $4,000 shall be available
for entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ‘‘Trade and Develop-
ment Agency’’, not to exceed $2,000 shall be available for representa-
tion and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made available
(other than funds for ‘‘International Organizations and Programs’’)
pursuant to this Act, for carrying out the Foreign Assistance Act
of 1961, may be used, except for purposes of nuclear safety, to
finance the export of nuclear equipment, fuel, or technology.
H. R. 4426—19
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Iraq, Libya,
North Korea, Iran, Serbia, Sudan, or Syria: Provided, That for
purposes of this section, the prohibition on obligations or expendi-
tures shall include direct loans, credits, insurance and guarantees
of the Export-Import Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to any country whose duly elected
Head of Government is deposed by military coup or decree: Pro-
vided, That assistance may be resumed to such country if the
President determines and reports to the Committees on Appropria-
tions that subsequent to the termination of assistance a democrat-
ically elected government has taken office.
TRANSFERS BETWEEN ACCOUNTS
SEC. 509. None of the funds made available by this Act may
be obligated under an appropriation account to which they were
not appropriated, unless the President, prior to the exercise of
any authority contained in the Foreign Assistance Act of 1961
to transfer funds, consults with and provides a written policy jus-
tification to the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That the exercise of
such authority shall be subject to the regular notification procedures
of the Committees on Appropriations.
DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. (a) Amounts certified pursuant to section 1311 of
the Supplemental Appropriations Act, 1955, as having been obli-
gated against appropriations heretofore made under the authority
of the Foreign Assistance Act of 1961 for the same general purpose
as any of the headings under the ‘‘Agency for International Develop-
ment’’ are, if deobligated, hereby continued available for the same
period as the respective appropriations under such headings or
until September 30, 1995, whichever is later, and for the same
general purpose, and for countries within the same region as origi-
nally obligated: Provided, That the Appropriations Committees of
both Houses of the Congress are notified fifteen days in advance
of the deobligation and reobligation of such funds in accordance
with regular notification procedures of the Committees on Appro-
priations.
(b) Obligated balances of funds appropriated to carry out section
23 of the Arms Export Control Act as of the end of the fiscal
year immediately preceding the current fiscal year are, if
deobligated, hereby continued available during the current fiscal
year for the same purpose under any authority applicable to such
appropriations under this Act: Provided, That the authority of this
subsection may not be used in fiscal year 1995.
H. R. 4426—20
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act: Pro-
vided, That funds appropriated for the purposes of chapters 1
and 8 of part I, section 667, and chapter 4 of part II of the
Foreign Assistance Act of 1961, as amended, shall remain available
until expended if such funds are initially obligated before the expira-
tion of their respective periods of availability contained in this
Act: Provided further, That, notwithstanding any other provision
of this Act, any funds made available for the purposes of chapter
1 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 which are allocated or obligated for cash disbursements
in order to address balance of payments or economic policy reform
objectives, shall remain available until expended: Provided further,
That the report required by section 653(a) of the Foreign Assistance
Act of 1961 shall designate for each country, to the extent known
at the time of submission of such report, those funds allocated
for cash disbursement for balance of payment and economic policy
reform purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in this Act
shall be used to furnish assistance to any country which is in
default during a period in excess of one calendar year in payment
to the United States of principal or interest on any loan made
to such country by the United States pursuant to a program for
which funds are appropriated under this Act: Provided, That this
section and section 620(q) of the Foreign Assistance Act of 1961
shall not apply to funds made available in this Act or during
the current fiscal year for Nicaragua, and for any narcotics-related
assistance for Colombia, Bolivia, and Peru authorized by the Foreign
Assistance Act of 1961 or the Arms Export Control Act.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import
Bank and the Overseas Private Investment Corporation shall be
obligated or expended to finance any loan, any assistance or any
other financial commitments for establishing or expanding produc-
tion of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial
injury to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors
the benefits to industry and employment in the United States
are likely to outweigh the injury to United States producers of
the same, similar, or competing commodity.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding feasibility
study, variety improvement or introduction, consultancy, publica-
H. R. 4426—21
tion, conference, or training in connection with the growth or
production in a foreign country of an agricultural commodity for
export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit—
(1) activities designed to increase food security in develop-
ing countries where such activities will not have a significant
impact in the export of agricultural commodities of the United
States; or
(2) research activities intended primarily to benefit Amer-
ican producers.
(c) None of the funds provided in this Act to the Agency for
International Development, other than funds made available to
carry out Caribbean Basin Initiative programs under the Tariff
Schedules of the United States, section 1202 of title 19, United
States Code, schedule 8, part I, subpart B, item 807.00, shall
be obligated or expended—
(1) to procure directly feasibility studies or prefeasibility
studies for, or project profiles of potential investment in, the
manufacture, for export to the United States or to third country
markets in direct competition with United States exports, of
import-sensitive articles as defined by section 503(c)(1) (A) and
(E) of the Tariff Act of 1930 (19 U.S.C. 2463(c)(1) (A) and
(E)); or
(2) to assist directly in the establishment of facilities specifi-
cally designed for the manufacture, for export to the United
States or to third country markets in direct competition with
United States exports, of import-sensitive articles as defined
in section 503(c)(1) (A) and (E) of the Tariff Act of 1930 (19
U.S.C. 2463(c)(1) (A) and (E)).
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-Amer-
ican Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corpora-
tion, the European Bank for Reconstruction and Development, the
African Development Bank, and the African Development Fund
to use the voice and vote of the United States to oppose any
assistance by these institutions, using funds appropriated or made
available pursuant to this Act, for the production or extraction
of any commodity or mineral for export, if it is in surplus on
world markets and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the Executive Branch
with the necessary administrative flexibility, none of the funds
made available under this Act for ‘‘Development Assistance Fund’’,
‘‘Population, Development Assistance’’, ‘‘Development Fund for
Africa’’, ‘‘International organizations and programs’’, ‘‘Trade and
Development Agency’’, ‘‘International narcotics control’’, ‘‘Assistance
for Eastern Europe and the Baltic States’’, ‘‘Assistance for the
New Independent States of the Former Soviet Union’’, ‘‘Economic
H. R. 4426—22
Support Fund’’, ‘‘Peacekeeping operations’’, ‘‘Operating expenses of
the Agency for International Development’’, ‘‘Operating expenses
of the Agency for International Development Office of Inspector
General’’, ‘‘Anti-terrorism assistance’’, ‘‘Foreign Military Financing
Program’’, ‘‘International military education and training’’, ‘‘Mili-
tary-to-Military Contact Program’’, ‘‘Inter-American Foundation’’,
‘‘African Development Foundation’’, ‘‘Peace Corps’’, or ‘‘Migration
and refugee assistance’’, shall be available for obligation for activi-
ties, programs, projects, type of materiel assistance, countries, or
other operation not justified or in excess of the amount justified
to the Appropriations Committees for obligation under any of these
specific headings unless the Appropriations Committees of both
Houses of Congress are previously notified fifteen days in advance:
Provided, That the President shall not enter into any commitment
of funds appropriated for the purposes of section 23 of the Arms
Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not pre-
viously justified to Congress or 20 per centum in excess of the
quantities justified to Congress unless the Committees on Appro-
priations are notified fifteen days in advance of such commitment:
Provided further, That this section shall not apply to any
reprogramming for an activity, program, or project under chapter
1 of part I of the Foreign Assistance Act of 1961 of less than
20 per centum of the amount previously justified to the Congress
for obligation for such activity, program, or project for the current
fiscal year: Provided further, That the requirements of this section
or any similar provision of this Act requiring notification in accord-
ance with the regular notification procedures of the Committees
on Appropriations may be waived if failure to do so would pose
a substantial risk to human health or welfare: Provided further,
That in case of any such waiver, notification to the Congress,
or the appropriate congressional committees, shall be provided as
early as practicable, but in no event later than three days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating such
waiver: Provided further, That any notification provided pursuant
to such a waiver shall contain an explanation of the emergency
circumstances.
Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular notification
procedures of the Committees on Appropriations.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL
ORGANIZATIONS AND PROGRAMS
SEC. 516. (a) Notwithstanding any other provision of law or
of this Act, none of the funds provided for ‘‘International Organiza-
tions and Programs’’ shall be available for the United States propor-
tionate share, in accordance with section 307(c) of the Foreign
Assistance Act of 1961, for any programs identified in section 307,
or for Libya, Iran, or, at the discretion of the President, Communist
countries listed in section 620(f) of the Foreign Assistance Act
of 1961, as amended: Provided, That, subject to the regular
notification procedures of the Committees on Appropriations, funds
appropriated under this Act or any previously enacted Act making
appropriations for foreign operations, export financing, and related
programs, which are returned or not made available for organiza-