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heading shall be expended at the minimum rate necessary
to make timely payment for defense articles and services:
Provided further, That the Department of Defense shall
conduct during the current fiscal year nonreimbursable
audits of private firms whose contracts are made directly
with foreign governments and are financed with funds
made available under this heading (as well as subcontrac-
tors thereunder) as requested by the Defense Security As-
sistance Agency: Provided further, That not more than
$23,558,000 of the funds appropriated under this heading
may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only
for use outside of the United States, for the general costs
of administering military assistance and sales: Provided
further, That not more than $290,000,000 of funds real-
ized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act may be obligated for expenses incurred by the
Department of Defense during the fiscal year 1994 pursu-
ant to section 43(b) of the Arms Export Control Act, ex-
cept that this limitation may be exceeded only through the
regular notification procedures of the Committees on Ap-
propriations: Provided further, That none of the funds ap-
propriated under this heading, and no employee of the De-
fense Security Assistance Agency, may be used to facili-
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tate the transport of aircraft to commercial arms sales
shows.
SPECIAL DEFENSE ACQUISITION FUND
Notwithstanding section 51 of the Arms Export Con-
trol Act, collections in excess of obligational authority pro-
vided in prior appropriations Acts shall be deposited in
the Treasury as miscellaneous receiptsΩ47æ: Provided,
That notwithstanding any provision of Public Law 102–
391, not to exceed $160,000,000 of the obligational author-
ity 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.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions
of section 551 of the Foreign Assistance Act of 1961,
Ω48æ$75,623,000 $62,500,000.
NONPROLIFERATION AND DISARMAMENT FUND
For necessary expenses for a ‘‘Nonproliferation and
Disarmament Fund’’, $10,000,000, to remain available
until expended, to promote bilateral and multilateral ac-
tivities: Provided, That such funds may be used pursuant
to the authorities contained in section 504 of the FREE-
DOM Support Act: Provided further, That such funds may
also be used for such countries other than the new inde-
pendent states of the former Soviet Union and inter-
national organizations when it is in the national security
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interest of the United States to do so: Provided further,
That funds appropriated under this heading may be made
available notwithstanding any other provision of law: Pro-
vided further, That funds appropriated under this heading
shall be subject to the regular notification procedures of
the Committees on Appropriations.
TITLE IV—EXPORT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of
funds and borrowing authority available to such corpora-
tion, and in accordance with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tations, as provided by section 104 of the Government
Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such cor-
poration: Provided, That none of the funds available dur-
ing the current fiscal year may be used to make expendi-
tures, contracts, or commitments 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 eligi-
ble to receive economic or military assistance under this
Act that has detonated a nuclear explosive after the date
of enactment of this Act.
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SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insur-
ance, and tied-aid grants as authorized by section 10 of
the Export-Import Bank Act of 1945, as amended,
Ω49æ$700,000,000 $1,000,000,000 Ω50æto remain avail-
able until September 30, 1995: Provided, That such costs,
including the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall remain
available until 2009 for the disbursement of direct loans,
loan guarantees, insurance and tied-aid grants obligated
in Ω51æfiscal year 1994 fiscal years 1994 and 1995: Pro-
vided further, That up to $50,000,000 of funds appro-
priated by this paragraph shall remain available until ex-
pended and may be used for tied-aid grant purposes: Pro-
vided further, That none of the funds appropriated by this
paragraph may be used for tied-aid credits or grants ex-
cept through the regular notification procedures of the
Committees 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.
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ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct
and guaranteed loan and insurance programs (to be com-
puted 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 Di-
rectors, $45,369,000: Provided, That necessary expenses
(including special services performed on a contract or fee
basis, but not including other personal services) in connec-
tion 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 investiga-
tion 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 ex-
penses for the purposes of this heading.
FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions
of section 661 of the Foreign Assistance Act of 1961,
$40,000,000.
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TITLE V—GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled
‘‘International Disaster Assistance’’, and ‘‘United States
Emergency Refugee and Migration Assistance Fund’’, not
more than 15 per centum of any appropriation item made
available by this Act shall be obligated during the last
month of availability.
PROHIBITION OF BILATERAL FUNDING FOR
INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 502. None of the funds contained in title II of
this Act may be used to carry out the provisions of section
209(d) of the Foreign Assistance Act of 1961.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $126,500 shall
be for official residence expenses of the Agency for Inter-
national Development during the current fiscal year: Pro-
vided, 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 avail-
able 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.
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LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for 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:
Provided 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 en-
tertainment 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
allowances: 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: Provided 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 enter-
tainment expenses: Provided further, That of the funds
made available by this Act under the heading ‘‘Trade and
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Development Agency’’, not to exceed $2,000 shall be avail-
able for representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made
available (other than funds for ‘‘International Organiza-
tions and Programs’’) pursuant to this Act, for carrying
out the Foreign Assistance Act of 1961, may be used, ex-
cept for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance or repara-
tions to Cuba, Iraq, Libya, the Socialist Republic of Viet-
nam, Iran, Serbia, Sudan, or Syria: Provided, That for
purposes of this section, the prohibition on obligations or
expenditures 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 other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance to any coun-
try whose duly elected Head of Government is deposed by
military coup or decree: Provided, That assistance may be
resumed to such country if the President determines and
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reports to the Committees on Appropriations that subse-
quent to the termination of assistance a democratically
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 For-
eign Assistance Act of 1961 to transfer funds, consults
with and provides a written policy justification to the
Committees on Appropriations of the House of Represent-
atives and the Senate: Provided, That the exercise of such
authority shall be subject to the regular notification proce-
dures 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 obligated against appropriations heretofore
made under the authority of the Foreign Assistance Act
of 1961 for the same general purpose as any of the head-
ings under the ‘‘Agency for International Development’’
are, if deobligated, hereby continued available for the same
period as the respective appropriations under such head-
ings or until September 30, 1994, whichever is later, and
for the same general purpose, and for countries within the
same region as originally obligated: Provided, That the
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Appropriations Committees of both Houses of the Con-
gress are notified fifteen days in advance of the
deobligation and reobligation of such funds in accordance
with regular notification procedures of the Committees on
Appropriations.
(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.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in
this Act shall remain available for obligation after the ex-
piration of the current fiscal year unless expressly so pro-
vided in this Act: Provided, That funds appropriated for
the purposes of Ω52æchapter 1 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 avail-
able until expended if such funds are initially obligated
before the expiration of their respective periods of avail-
ability contained in this Act: Provided further, That, not-
withstanding 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
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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 des-
ignate 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 cal-
endar 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 dur-
ing the current fiscal year for Nicaragua, and for any nar-
cotics-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
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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 ex-
pended to finance any loan, any assistance or any other
financial commitments for establishing or expanding pro-
duction 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 pro-
ductive 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 Ex-
port-Import Bank if in the judgment of its Board of Direc-
tors 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 com-
modity.
(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 intro-
duction, consultancy, publication, 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 pro-
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duced in the United States: Provided, That this subsection
shall not prohibit—
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact in the export of agricul-
tural commodities of the United States; or
(2) research activities intended primarily to
benefit American 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 ex-
pended—
(1) to procure directly feasibility studies or
prefeasibility studies for, or project profiles of poten-
tial investment in, the manufacture, for export to
the United States or to third country markets in di-
rect competition with United States exports, of im-
port-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 fa-
cilities specifically designed for the manufacture, for
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export to the United States or to third country mar-
kets in direct competition with United States ex-
ports, of import-sensitive articles as defined in sec-
tion 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 in-
struct the United States Executive Directors of the Inter-
national Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development
Bank, the International Monetary Fund, the Asian Devel-
opment Bank, the Inter-American Investment Corpora-
tion, the African Development Bank, and the African De-
velopment 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 commod-
ity or mineral for export, if it is in surplus on world mar-
kets and if the assistance will cause substantial injury to
United States producers of the same, similar, or compet-
ing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the Execu-
tive Branch with the necessary administrative flexibility,
none of the funds made available under this Act for ‘‘De-
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velopment Assistance Fund’’, ‘‘Population, Development
Assistance’’, ‘‘Development Fund for Africa’’, ‘‘Inter-
national organizations and programs’’, Ω53æ‘‘American
schools and hospitals abroad’’, ‘‘Trade and development
agency’’, ‘‘International narcotics control’’, ‘‘Assistance for
Eastern Europe and the Baltic States’’, ‘‘Assistance for the
New Independent States of the Former Soviet Union’’,
‘‘Economic support fund’’, ‘‘Peacekeeping operations’’,
‘‘Operating expenses of the Agency for International De-
velopment’’, ‘‘Operating expenses of the Agency for Inter-
national Development Office of Inspector General’’, ‘‘Anti-
terrorism assistance’’, ‘‘Foreign Military Financing Pro-
gram’’, ‘‘International military education and training’’,
‘‘Inter-American Foundation’’, ‘‘African Development
Foundation’’, ‘‘Peace Corps’’, or ‘‘Migration and refugee
assistance’’, shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries,
or other operation not justified or in excess of the amount
justified to the Appropriations Committees for obligation
under any of these specific headings unless the Appropria-
tions Committees of both Houses of Congress are pre-
viously 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
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equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles,
or combat vehicles, not previously justified to Congress or
20 per centum in excess of the quantities justified to Con-
gress unless the Committees on Appropriations are noti-
fied 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 justi-
fied to the Congress for obligation for such activity, pro-
gram, or project for the current fiscal year: Provided fur-
ther, That the requirements of this section or any similar
provision of this Act requiring notification in accordance
with the regular notification procedures of the Committees
on Appropriations may be waived if failure to do so would
pose a substantial risk to human health or welfare: Pro-
vided further, That in case of any such waiver, notification
to the Congress, or the appropriate congressional commit-
tees, 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
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to such a waiver shall contain an explanation of the emer-
gency 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 Ap-
propriations.
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 Organizations and Programs’’ shall be
available for the United States proportionate share for any
programs for the Palestine Liberation Organization (or for
projects whose purpose is to provide benefits to the Pal-
estine Liberation Organization or entities associated with
it), Libya, Iran, or, at the discretion of the President,
Communist countries listed in section 620(f) of the For-
eign Assistance Act of 1961, as amended: Provided, That,
subject to the regular notification procedures of the Com-
mittees on Appropriations, funds appropriated under this
Act or any previously enacted Act making appropriations
for foreign operations, export financing, and related pro-
grams, which are returned or not made available for orga-
nizations and programs because of the implementation of
this section or any similar provision of law, shall remain
available for obligation through September 30, 1995.
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(b) The United States shall not make any voluntary
or assessed contribution—
(1) to any affiliated organization of the United
Nations which grants full membership as a state to
any organization or group that does not have the
internationally recognized attributes of statehood, or
(2) to the United Nations, if the United Na-
tions grants full membership as a state in the Unit-
ed Nations to any organization or group that does
not have the internationally recognized attributes of
statehood,
during any period in which such membership is effective.
Ω55æ(c) Subsection (a) shall cease to have effect during
fical year 1994 with respect to the Palestine Liberation Or-
ganization (P.L.O.), programs for the P.L.O., and pro-
grams for the benefit of entities associated with it which
accept the commitments made by the P.L.O. on September
9, 1993 if the President determines and notifies Congress
that to do so is in the national interest: Provided, That
subsection (a) shall resume full force and effect if at any
time during fiscal 1994 the President determines and so
notifies Congress that the P.L.O. has ceased to comply with
the commitments it made on September 9, 1993, or the Con-
gress, by joint resolution, determines that the P.L.O. has
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ceased to comply with the commitments it made on Septem-
ber 9, 1993.
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL
SEC. 517. The Congress finds that progress on the
peace process in the Middle East is vitally important to
United States security interests in the region. The Con-
gress recognizes that, in fulfilling its obligations under the
Treaty of Peace Between the Arab Republic of Egypt and
the State of Israel, done at Washington on March 26,
1979, Israel incurred severe economic burdens. Further-
more, the Congress recognizes that an economically and
militarily secure Israel serves the security interests of the
United States, for a secure Israel is an Israel which has
the incentive and confidence to continue pursuing the
peace process. Therefore, the Congress declares that it is
the policy and the intention of the United States that the
funds provided in annual appropriations for the Economic
Support Fund which are allocated to Israel shall not be
less than the annual debt repayment (interest and prin-
cipal) from Israel to the United States Government in rec-
ognition that such a principle serves United States inter-
ests in the region.
PROHIBITION CONCERNING ABORTIONS AND
INVOLUNTARY STERILIZATION
SEC. 518. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as
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amended, may be used to pay for the performance of abor-
tions as a method of family planning or to motivate or
coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assist-
ance Act of 1961, as amended, may be used to pay for
the performance of involuntary sterilization as a method
of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of
the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay
for any biomedical research which relates in whole or in
part, to methods of, or the performance of, abortions or
involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if
the President certifies that the use of these funds by any
such country or organization would violate any of the
above provisions related to abortions and involuntary steri-
lizations. The Congress reaffirms its commitments to Pop-
ulation, Development Assistance and to the need for in-
formed voluntary family planning.
REPORTING REQUIREMENT
SEC. 519. The President shall submit to the Commit-
tees on Appropriations the reports required by section
25(a)(1) of the Arms Export Control Act.
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SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated in this Act
shall be obligated or expended for Afghanistan, Cambodia,
Ω56æColombia, El Salvador, Guatemala, Haiti, Indonesia,
Jordan, Liberia, Malawi, Ω57æNicaragua, Peru, Sudan,
Togo, or Zaire except as provided through the regular no-
tification 
procedures 
of 
the 
Committees 
on
AppropriationsΩ58æ: Provided, That this section shall not
apply to funds appropriated by this Act to carry out the
provisions of chapter 1 of part I of the Foreign Assistance
Act of 1961 that are made available for El Salvador and
Nicaragua.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the Appropria-
tions Act account level and shall include all Appropriations
and Authorizations Acts earmarks, ceilings, and limita-
tions with the exception that for the following accounts:
Economic Support Fund and Foreign Military Financing
Program, ‘‘program, project, and activity’’ shall also be
considered to include country, regional, and central pro-
gram level funding within each such account; for the devel-
opment assistance accounts of the Agency for Inter-
national Development ‘‘program, project, and activity’’
shall also be considered to include central program level
funding, either as (1) justified to the Congress, or (2) allo-
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cated by the executive branch in accordance with a report,
to be provided to the Committees on Appropriations within
thirty days of enactment of this Act, as required by section
653(a) of the Foreign Assistance Act of 1961.
FAMILY PLANNING, CHILD SURVIVAL AND AIDS
ACTIVITIES
SEC. 522. Up to $8,000,000 of the funds made avail-
able by this Act for assistance for family planning, health,
child survival, and AIDS, may be used to reimburse
United States Government agencies, agencies of State gov-
ernments, institutions of higher learning, and private and
voluntary organizations for the full cost of individuals (in-
cluding for the personal services of such individuals) de-
tailed or assigned to, or contracted by, as the case may
be, the Agency for International Development for the pur-
pose of carrying out family planning activities, child sur-
vival activities and activities relating to research on, and
the treatment and control of, acquired immune deficiency
syndrome in developing countries: Provided, That such in-
dividuals shall not be included within any personnel ceiling
applicable to any United States Government agency dur-
ing the period of detail or assignment: Provided further,
That funds appropriated by this Act that are made avail-
able for child survival activities or activities relating to re-
search on, and the treatment and control of, acquired im-
mune deficiency syndrome may be made available notwith-
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standing any provision of law that restricts assistance to
foreign countries: Provided further, That funds appro-
priated by this Act that are made available for family
planning activities may be made available notwithstanding
section 512 of this Act and section 620(q) of the Foreign
Assistance Act of 1961.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES
SEC. 523. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
to finance indirectly any assistance or reparations to
Cuba, Iraq, Libya, the Socialist Republic of Vietnam,
Iran, Syria, North Korea, People’s Republic of China, or
Laos unless the President of the United States certifies
that the withholding of these funds is contrary to the na-
tional interest of the United States Ω59æand that with re-
spect to Syria, the President certifies to Congress that Syria
does not deny its citizens or any segment of its citizens the
right or opportunity to emigrate.
RECIPROCAL LEASING
SEC. 524. Section 61(a) of the Arms Export Control
Act is amended by striking out ‘‘1993’’ and inserting in
lieu thereof ‘‘1994’’.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 525. Prior to providing excess Department of
Defense articles in accordance with section 516(a) of the
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Foreign Assistance Act of 1961, the Department of De-
fense shall notify the Committees on Appropriations to the
same extent and under the same conditions as are other
committees pursuant to subsection (c) of that section: Pro-
vided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees: Provided further, That
such Committees shall also be informed of the original ac-
quisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
SEC. 526. Funds appropriated by Ω60ætitle I through
V titles I through IV of this Act may be obligated and
expended Ω61æsubject to notwithstanding section 10 of
Public Law 91–672 Ω62æand section 15 of the State De-
partment Basic Authorities Act of 1956Ω63æ: Provided,
That the Secretary of the Treasury is authorized to agree
on behalf of the United States to participate in the tenth
replenishment of the resources of the International Develop-
ment Association, the fifth replenishment of the Asian De-
velopment Fund, and the replenishment of the permanent
Global Environment Facility, subject to obtaining the nec-
essary appropriations.
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DEPLETED URANIUM
SEC. 527. None of the funds provided in this or any
other Act may be made available to facilitate in any way
the sale of M–833 antitank shells or any comparable anti-
tank shells containing a depleted uranium penetrating
component to any country other than (1) countries which
are members of NATO, (2) countries which have been des-
ignated as a major non-NATO ally for purposes of section
1105 of the National Defense Authorization Act for Fiscal
Year 1987, or (3) Taiwan: Provided, That funds may be
made available to facilitate the sale of such shells notwith-
standing the limitations of this section if the President
determines that to do so is in the national security interest
of the United States.
OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES
BY INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 528. (a) INSTRUCTIONS FOR UNITED STATES
EXECUTIVE DIRECTORS.—The Secretary of the Treasury
shall instruct the United States Executive Director of each
international financial institution Ω64æto vote against des-
ignated in subsection (b), and the Administrator of the
Agency for International Development shall instruct the
United States Executive Director of the International Fund
for Agriculture Development, to use the voice and vote of
the United States to oppose any loan or other use of the
funds of the respective institution to or for a country for
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which the Secretary of State has made a determination
under section 6(j) of the Export Administration Act of
1979.
(b) DEFINITION.—For purposes of this section, the
term ‘‘international financial institution’’ includes—
(1) the International Bank for Reconstruction
and Development, the International Development
Association, and the International Monetary Fund;
and
(2) wherever applicable, the Inter-American De-
velopment Bank, the Asian Development Bank, the
African Development Bank, the African Develop-
ment Fund, and the European Bank for Reconstruc-
tion and Development.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 529. (a) Notwithstanding any other provision
of law, funds appropriated for bilateral assistance under
any heading of this Act and funds appropriated under any
such heading in a provision of law enacted prior to enact-
ment of this Act, shall not be made available to any coun-
try which the President determines—
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism, or
(2) otherwise supports international terrorism.
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(b) The President may waive the application of sub-
section (a) to a country if the President determines that
national security or humanitarian reasons justify such
waiver. The President shall publish each waiver in the
Federal Register and, at least fifteen days before the waiv-
er takes effect, shall notify the Committees on Appropria-
tions of the waiver (including the justification for the waiv-
er) in accordance with the regular notification procedures
of the Committees on Appropriations.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 530. Notwithstanding any other provision of
law, and subject to the regular notification requirements
of the Committees on Appropriations, the authority of sec-
tion 23(a) of the Arms Export Control Act may be used
to provide financing to Israel and Egypt and NATO and
major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not in-
cluding Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian applica-
tion), if the President determines that there are compel-
ling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather
than by government-to-government sale under such Act.
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COMPETITIVE INSURANCE
SEC. 531. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States marine insurance companies have a fair op-
portunity to bid for marine insurance when such insurance
is necessary or appropriate.
STINGERS IN THE PERSIAN GULF REGION
SEC. 532. Except as provided in section 581 of the
Foreign Operations, Export Financing, and Related Pro-
grams Appropriations Act, 1990, the United States may
not sell or otherwise make available any Stingers to any
country bordering the Persian Gulf under the Arms Ex-
port Control Act or chapter 2 of part II of the Foreign
Assistance Act of 1961.
PROHIBITION ON LEVERAGING AND DIVERSION OF
UNITED STATES ASSISTANCE
SEC. 533. (a) None of the funds appropriated by this
Act may be provided to any foreign government (including
any instrumentality or agency thereof), foreign person, or
United States person in exchange for that foreign govern-
ment or person undertaking any action which is, if carried
out by the United States Government, a United States of-
ficial or employee, expressly prohibited by a provision of
United States law.
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(b) For the purposes of this section the term ‘‘funds
appropriated by this Act’’ includes only (1) assistance of
any kind under the Foreign Assistance Act of 1961; and
(2) credits, and guaranties under the Arms Export Con-
trol Act.
(c) Nothing in this section shall be construed to
limit—
(1) the ability of the President, the Vice Presi-
dent, or any official or employee of the United
States to make statements or otherwise express their
views to any party on any subject;
(2) the ability of an official or employee of the
United States to express the policies of the Presi-
dent; or
(3) the ability of an official or employee of the
United States to communicate with any foreign
country government, group or individual, either di-
rectly or through a third party, with respect to the
prohibitions of this section including the reasons for
such prohibitions, and the actions, terms, or condi-
tions which might lead to the removal of the prohibi-
tions of this section.
DEBT-FOR-DEVELOPMENT
SEC. 534. In order to enhance the continued partici-
pation of nongovernmental organizations in economic as-
sistance activities under the Foreign Assistance Act of
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1961, including endowments, debt-for-development and
debt-for-nature exchanges, a nongovernmental organiza-
tion which is a grantee or contractor of the Agency for
International Development may place in interest bearing
accounts funds made available under this Act or prior
Ω65æor subsequent Acts or local currencies which accrue
to that organization as a result of economic assistance pro-
vided under the heading ‘‘Agency for International Devel-
opment’’ and any interest earned on such investment may
be for the purpose for which the assistance was provided
to that organization.
LOCATION OF STOCKPILES
SEC. 535. Section 514(b)(2) of the Foreign Assist-
ance Act of 1961 is amended by striking out
‘‘$389,000,000 for fiscal year 1993, of which amount not
less than $200,000,000 shall be available for stockpiles in
Israel, and up to $189,000,000 may be available for stock-
piles in the Republic of Korea’’ and inserting in lieu there-
of ‘‘$200,000,000 for stockpiles in Israel for fiscal year
1994Ω66æ, and up to $72,000,000 may be made available
for stockpiles in the Republic of Korea Ω67æand
$20,000,000 may be available for stockpiles in Thailand’’.
ASSISTANCE FOR PAKISTAN
SEC. 536. (a) The date specified in section 620E(d)
of the Foreign Assistance Act of 1961 is amended to read
as follows: ‘‘September 30, 1994’’.
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(b) None of the funds appropriated in this Act shall
be obligated or expended for Pakistan except as provided
through the regular notification procedures of the Com-
mittees on Appropriations.
SEPARATE ACCOUNTS
SEC. 537. (a) SEPARATE ACCOUNTS
FOR LOCAL
CURRENCIES.—(1) If assistance is furnished to the gov-
ernment of a foreign country under chapters 1 and 10 of
part I (including the Philippines Multilateral Assistance
Initiative) or chapter 4 of part II of the Foreign Assist-
ance Act of 1961 under agreements which result in the
generation of local currencies of that country, the Admin-
istrator of the Agency for International Development
shall—
(A) require that local currencies be deposited in
a separate account established by that government;
(B) enter into an agreement with that govern-
ment which sets forth—
(i) the amount of the local currencies to be
generated, and
(ii) the terms and conditions under which
the currencies so deposited may be utilized, con-
sistent with this section; and
(C) establish by agreement with that govern-
ment the responsibilities of the Agency for Inter-
national Development and that government to mon-
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itor and account for deposits into and disbursements
from the separate account.
(2) USES
OF LOCAL CURRENCIES.—As may be
agreed upon with the foreign government, local currencies
deposited in a separate account pursuant to subsection
(a), or an equivalent amount of local currencies, shall be
used only—
(A) to carry out chapters 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as—
(i) project and sector assistance activities,
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The Agency
for International Development shall take all appropriate
steps to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the sepa-
rate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) TERMINATION
OF ASSISTANCE PROGRAMS.—
Upon termination of assistance to a country under chap-
ters 1 or 10 of part I or chapter 4 of part II (as the case
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may be), any unencumbered balances of funds which re-
main in a separate account established pursuant to sub-
section (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the
United States Government.
(5) CONFORMING AMENDMENTS.—The provisions of
this subsection shall supersede the tenth and eleventh pro-
visos contained under the heading ‘‘Sub-Saharan Africa,
Development Assistance’’ as included in the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1989 and sections 531(d) and 609 of the
Foreign Assistance Act of 1961.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) If assistance is made available to the government of
a foreign country, under chapters 1 or 10 of part I (includ-
ing the Philippines Multilateral Assistance Initiative) or
chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assist-
ance, that country shall be required to maintain such
funds in a separate account and not commingle them with
any other funds.
(2) APPLICABILITY
OF
OTHER
PROVISIONS
OF
LAW.—Such funds may be obligated and expended not-
withstanding provisions of law which are inconsistent with
the nature of this assistance including provisions which
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are referenced in the Joint Explanatory Statement of the
Committee of Conference accompanying House Joint Res-
olution 648 (H. Report No. 98–1159).
(3) NOTIFICATION.—At least fifteen days prior to ob-
ligating any such cash transfer or nonproject sector assist-
ance, the President shall submit a notification through the
regular notification procedures of the Committees on Ap-
propriations, which shall include a detailed description of
how the funds proposed to be made available will be used,
with a discussion of the United States interests that will
be served by the assistance (including, as appropriate, a
description of the economic policy reforms that will be pro-
moted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds
may be exempt from the requirements of subsection (b)(1)
only through the notification procedures of the Commit-
tees on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE
DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 538. (a) No funds appropriated by this Act may
be made as payment to any international financial institu-
tion while the United States Executive Director to such
institution is compensated by the institution at a rate
which, together with whatever compensation such Director
receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV
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of the Executive Schedule under section 5315 of title 5,
United States Code, or while any alternate United States
Director to such institution is compensated by the institu-
tion at a rate in excess of the rate provided for an individ-
ual occupying a position at level V of the Executive Sched-
ule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ‘‘international finan-
cial institutions’’ are: the International Bank for Recon-
struction and Development, the Inter-American Develop-
ment Bank, the Asian Development Bank, the Asian De-
velopment Fund, the African Development Bank, the Afri-
can Development Fund, the International Monetary Fund,
and the European Bank for Reconstruction and Develop-
ment.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 539. (a) DENIAL OF ASSISTANCE.—None of the
funds appropriated or otherwise made available pursuant
to this Act to carry out the Foreign Assistance Act of
1961 (including title IV of chapter 2 of part I, relating
to the Overseas Private Investment Corporation) or the
Arms Export Control Act may be used to provide assist-
ance to any country that is not in compliance with the
United Nations Security Council sanctions against Iraq
unless the President determines and so certifies to the
Congress that—
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(1) such assistance is in the national interest of
the United States;
(2) such assistance will directly benefit the
needy people in that country; or
(3) the assistance to be provided will be human-
itarian assistance for foreign nationals who have fled
Iraq and Kuwait.
(b) IMPORT SANCTIONS.—If the President considers
that the taking of such action would promote the effective-
ness of the economic sanctions of the United Nations and
the United States imposed with respect to Iraq, and is
consistent with the national interest, the President may
prohibit, for such a period of time as he considers appro-
priate, the importation into the United States of any or
all products of any foreign country that has not prohib-
ited—
(1) the importation of products of Iraq into its
customs territory, and
(2) the export of its products to Iraq.
POW/MIA MILITARY DRAWDOWN
SEC. 540. (a) Notwithstanding any other provision
of law, the President may direct the drawdown, without
reimbursement by the recipient, of defense articles from
the stocks of the Department of Defense, defense services
of the Department of Defense, and military education and
training, of an aggregate value not to exceed $15,000,000
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in fiscal year 1994, as may be necessary to carry out sub-
section (b).
(b) Such defense articles, services and training may
be provided to Cambodia and Laos, under subsection (a)
as the President determines are necessary to support ef-
forts to locate and repatriate members of the United
States Armed Forces and civilians employed directly or in-
directly by the United States Government who remain un-
accounted for from the Vietnam War, and to ensure the
safety of United States Government personnel engaged in
such cooperative efforts and to support United States De-
partment of Defense-sponsored humanitarian projects as-
sociated with the POW/MIA efforts. Any aircraft shall be
provided under this section only to Laos and only on a
lease or loan basis, but may be provided at no cost not-
withstanding section 61 of the Arms Export Control Act
and may be maintained with defense articles, services and
training provided under this section.
(c) The President shall, within sixty days of the end
of any fiscal year in which the authority of subsection (a)
is exercised, submit a report to the Congress which identi-
fies the articles, services, and training drawn down under
this section.
(d) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse
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the applicable appropriation, fund, or account for defense
articles, defense services, and military education and
training provided under this section.
MEDITERRANEAN EXCESS DEFENSE ARTICLES
SEC. 541. During fiscal year 1994, the provisions of
section 573(e) of the Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1990,
shall be applicable, for the period specified therein, to ex-
cess defense articles made available under sections 516
and 519 of the Foreign Assistance Act of 1961.
PRIORITY DELIVERY OF EQUIPMENT
SEC. 542. Notwithstanding any other provision of
law, the delivery of excess defense articles that are to be
transferred on a grant basis under section 516 of the For-
eign Assistance Act to NATO allies and to major non-
NATO allies on the southern and southeastern flank of
NATO shall be given priority to the maximum extent fea-
sible over the delivery of such excess defense articles to
other countries.
ISRAEL DRAWDOWN
SEC. 543. Section 599B(a) of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1991 (as amended by Public Law 102–145,
as amended, and Public Law 102–391), is further amend-
ed—
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(a) by striking out ‘‘fiscal year 1993’’ and in-
serting in lieu thereof ‘‘fiscal year 1994’’; and
(b) by striking out ‘‘Appropriations Act, 1993’’
and inserting in lieu thereof ‘‘Appropriations Act,
1994’’.
CASH FLOW FINANCING
SEC. 544. For each country that has been approved
for cash flow financing (as defined in section 25(d) of the
Arms Export Control Act, as added by section 112(b) of
Public Law 99–83) under the Foreign Military Financing
Program, any Letter of Offer and Acceptance or other
purchase agreement, or any amendment thereto, for a pro-
curement in excess of $100,000,000 that is to be financed
in whole or in part with funds made available under this
Act shall be submitted through the regular notification
procedures to the Committees on Appropriations.
Ω68æRESCISSION
SEC. 545. Of the unexpended balances of funds (in-
cluding earmarked funds) made available for fiscal years
1987 through 1993 to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961,
$185,000,000 are rescinded.
RESCISSIONS
SEC. 545. (a) Of the unexpended balances of funds (in-
cluding earmarked funds) made available for fiscal years
1987 through 1993 to carry out the provisions of chapter
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4 of part II of the Foreign Assistance Act of 1961,
$250,000,000 are rescinded.
(b) Of the unexpended balances of funds (including
earmarked funds) appropriated for fiscal year 1993 and
prior fiscal years to carry out the provisions of sections 103
through 106 of the Foreign Assistance Act of 1961,
$5,100,000 are rescinded.
AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER-
ICAN
FOUNDATION
AND
THE
AFRICAN
DEVELOP-
MENT FOUNDATION
SEC. 546. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropria-
tions for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities au-
thorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Develop-
ment Foundation Act. The appropriate agency shall
promptly report to the Committees on Appropriations
whenever it is conducting activities or is proposing to con-
duct activities in a country for which assistance is prohib-
ited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 547. None of the funds appropriated by this Act
may be obligated or expended to provide—
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(a) any financial incentive to a business enter-
prise currently located in the United States for the
purpose of inducing such an enterprise to relocate
outside the United States if such incentive or in-
ducement is likely to reduce the number of employ-
ees of such business enterprise in the United States
because United States production is being replaced
by such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export process-
ing 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 car-
ried out within that zone or area, unless the Presi-
dent determines and certifies that such assistance is
not likely to cause a loss of jobs within the United
States; or
(c) assistance for any project or activity that
contributes to the violation of internationally recog-
nized workers rights, as defined in section 502(a)(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in
that country: Provided, That in recognition that the
application of this subsection should be commensu-
rate with the level of development of the recipient
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country and sector, the provisions of this subsection
shall not preclude assistance for the informal sector
in such country, micro and small-scale enterprise,
and smallholder agriculture.
AUTHORITY TO ASSIST BOSNIA-HERCEGOVINA
SEC. 548. (a) Congress finds as follows:
(1) The United Nations has imposed an embar-
go on the transfer of arms to any country on the
territory of the former Yugoslavia.
(2) The federated states of Serbia and
Montenegro have a large supply of military equip-
ment and ammunition and the Serbian forces fight-
ing the government of Bosnia-Hercegovina have
more than one thousand battle tanks, armored vehi-
cles, and artillery pieces.
(3) Because the United Nations arms embargo
is serving to sustain the military advantage of the
aggressor, the United Nations should exempt the
government of Bosnia-Hercegovina from its embar-
go.
(b) Pursuant to a lifting of the United Nations arms
embargo against Bosnia-Hercegovina, the President is au-
thorized to transfer to the government of that nation,
without reimbursement, defense articles from the stocks
of the Department of Defense of an aggregate value not
to exceed $50,000,000 in fiscal year 1994: Provided, That
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the President certifies in a timely fashion to the Congress
that—
(1) the transfer of such articles would assist
that nation in self-defense and thereby promote the
security and stability of the region; and
(2) United States allies are prepared to join in
such a military assistance effort.
(c) Within 60 days of any transfer under the author-
ity provided in subsection (b), and every 60 days there-
after, the President shall report in writing to the Speaker
of the House of Representatives and the President pro
tempore of the Senate concerning the articles transferred
and the disposition thereof.
(d) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse
the applicable appropriation, fund, or account for defense
articles provided under this section.
Ω69æ(e) If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international law in the former Yugo-
slavia, the authority of section 552(c) of the Foreign Assist-
ance Act of 1961, as amended, may be used to provide up
to $25,000,000 of commodities and services to the United
Nations War Crimes Tribunal, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided,
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That the determination required under this subsection shall
be in lieu of any determinations otherwise required under
section 552(c).
Ω70æ(f) Of the funds appropriated by this Act (includ-
ing title VI of this Act), not less than $3,000,000 shall be
made available for the United Nations War Crimes Tribu-
nal, notwithstanding any other provision of law.
SPECIAL AUTHORITIES
SEC. 549. (a) Funds appropriated in title II of this
Act that are made available for Haiti, Afghanistan, Leb-
anon, and Cambodia, and for victims of war, displaced
children, displaced Burmese, humanitarian assistance for
Romania, and humanitarian assistance for the peoples of
Bosnia-Hercegovina, Croatia, and Kosova, may be made
available notwithstanding any other provision of law: Pro-
vided, That any such funds that are made available for
Cambodia shall be subject to the provisions of section
531(e) of the Foreign Assistance Act of 1961 and section
906 of the International Security and Development Co-
operation Act of 1985: Provided further, That the Presi-
dent shall terminate assistance to any Cambodian organi-
zation that he determines is cooperating, tactically or stra-
tegically, with the Khmer Rouge in their military oper-
ations.
(b) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106 of the Foreign As-
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sistance Act of 1961 may be used, notwithstanding any
other provision of law, for the purpose of supporting tropi-
cal forestry and energy programs aimed at reducing emis-
sions of greenhouse gases with regard to the key countries
in which deforestation and energy policy would make a
significant contribution to global warming: Provided, That
such assistance shall be subject to sections 116, 502B, and
620A of the Foreign Assistance Act of 1961.
Ω71æ(c) During fiscal year 1994, the President may
use up to $50,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding the
funding ceiling contained in subsection (a) of that section.
Ω72æ(d) Of the funds appropriated by this Act to
carry out chapter 1 of part I and chapter 4 of part II of
the Foreign Assistance Act of 1961 that are made available
for assistance for Afghanistan and Lebanon, no more than
50 percent of the assistance provided to each country may
be from funds appropriated by this Act to carry out chapter
1 of part I of the Foreign Assistance Act of 1961.
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT
OF ISRAEL
SEC. 550. (a) FINDINGS.—The Congress finds that—
(1) since 1948 the Arab countries have main-
tained a primary boycott against Israel, refusing to
do business with Israel;
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(2) since the early 1950s the Arab League has
maintained a secondary and tertiary boycott against
American and other companies that have commercial
ties with Israel;
(3) the boycott seeks to coerce American firms
by blacklisting those that do business with Israel
and harm America’s competitiveness;
(4) the United States has a longstanding policy
opposing the Arab League boycott and United
States law prohibits American firms from providing
information to Arab countries to demonstrate com-
pliance with the boycott;
(5) with real progress being made in the Middle
East peace process and the serious confidence-build-
ing measures taken by the State of Israel, and end
to the Arab boycott of Israel and of American com-
panies that have commercial ties with Israel is long
overdue and would represent a significant con-
fidence-building measure; and
(6) in the interest of Middle East peace and
free commerce, the President must take more con-
crete steps to press the Arab states to end their
practice of blacklisting and boycotting American
companies that have trade ties with Israel.
(b) POLICY.—It is the sense of the Congress that—
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(1) the Arab League countries should imme-
diately and publicly renounce the primary boycott of
Israel and the secondary and tertiary boycott of
American firms that have commercial ties with Is-
rael; and
(2) the President should—
(A) take more concrete steps to encourage
vigorously Arab League countries to renounce
publicly the primary boycotts of Israel and the
secondary and tertiary boycotts of American
firms that have commercial relations with Israel
as a confidence-building measure;
(B) take into consideration the participa-
tion of any recipient country in the primary
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commer-
cial relations with Israel when determining
whether to sell weapons to said country;
(C) report to Congress on the specific
steps being taken by the President to bring
about a public renunciation of the Arab primary
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commer-
cial relations with Israel; and
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(D) encourage the allies and trading part-
ners of the United States to enact laws prohib-
iting businesses from complying with the boy-
cott and penalizing businesses that do comply.
Ω73æANTI-NARCOTICS ACTIVITIES
SEC. 551. (a) Of the funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’, assistance
may be provided as follows:
(1) To strengthen the administration of justice
in countries in Latin America and the Caribbean in
accordance with the provisions of section 534 of the
Foreign Assistance Act of 1961, except that programs
to enhance protection of participants in judicial cases
may be conducted notwithstanding section 660 of that
Act.
(2) Notwithstanding section 660 of the Foreign
Assistance Act of 1961, up to $10,000,000 may be
made available for technical assistance, training, and
commodities with the objective of creating a profes-
sional civilian police force for Panama, and for pro-
grams to improve penal institutions and the rehabili-
tation of offenders in Panama (which programs may
be conducted other than through multilateral or re-
gional institutions), except that such technical assist-
ance shall not include more than $5,000,000 for the
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procurement of equipment for law enforcement pur-
poses, and shall not include lethal equipment.
(b) Funds made available pursuant to this section may
be made available notwithstanding the third sentence of sec-
tion 534(e) of the Foreign Assistance Act of 1961. Funds
made available pursuant to subsection (a)(1) for Bolivia,
Colombia and Peru and subsection (a)(2) may be made
available notwithstanding section 534(c) and the second
sentence of section 534(e) of the Foreign Assistance Act of
1961.
Ω74æELIGIBILITY FOR ASSISTANCE
SEC. 552. (a) ASSISTANCE THROUGH NON-GOVERN-
MENTAL ORGANIZATIONS.—Restrictions contained in this
or any other Act with respect to assistance for a country
shall not be construed to restrict assistance in support of
programs of nongovernmental organizations from funds ap-
propriated by this Act to carry out the provisions of chap-
ters 1 and 10 of part I of the Foreign Assistance Act of
1961: Provided, That the President shall take into consider-
ation, in any case in which a restriction on assistance
would be applicable but for this subsection, whether assist-
ance in support of programs of nongovernmental organiza-
tions is in the national interest of the United States: Pro-
vided further, That before using the authority of this sub-
section to furnish assistance in support of programs of non-
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governmental organizations, the President shall notify the
Committees on Appropriations under the regular notifica-
tion procedures of those committees, including a description
of the program to be assisted, the assistance to be provided,
and the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other
Act.
(b) PUBLIC LAW 480.—During fiscal year 1994, re-
strictions contained in this or any other Act with respect
to assistance for a country shall not be construed to restrict
assistance under titles I and II of the Agricultural Trade
Development and Assistance Act of 1954: Provided, That
none of the funds appropriated to carry out title I of such
Act and made available pursuant to this subsection may
be obligated or expended except as provided through the reg-
ular notification procedures of the Committees on Appro-
priations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 529 of this Act or any
comparable provision of law prohibiting assistance to
countries that support international terrorism; or
(2) with respect to section 116 of the Foreign As-
sistance Act of 1961 or any comparable provision of
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law prohibiting assistance to countries that violate
internationally recognized human rights.
Ω75æEARMARKS
SEC. 553. (a) Funds appropriated by this Act which
are earmarked may be reprogrammed for other programs
within the same account notwithstanding the earmark if
compliance with the earmark is made impossible by oper-
ation of any provision of this or any other Act or, with
respect to a country with which the United States has an
agreement providing the United States with base rights or
base access in that country, if the President determines that
the recipient for which funds are earmarked has signifi-
cantly reduced its military or economic cooperation with
the United States since enactment of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1991; however, before exercising the authority
of this subsection with regard to a base rights or base access
country which has significantly reduced its military or eco-
nomic cooperation with the United States, the President
shall consult with, and shall provide a written policy jus-
tification to the Committees on Appropriations: Provided,
That any such reprogramming shall be subject to the regu-
lar notification procedures of the Committees on Appropria-
tions: Provided further, That assistance that is repro-
grammed pursuant to this subsection shall be made avail-
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able under the same terms and conditions as originally pro-
vided.
(b) In addition to the authority contained in sub-
section (a), the original period of availability of funds ap-
propriated by this Act and administered by the Agency for
International Development that are earmarked for particu-
lar programs or activities by this or any other Act shall
be extended for an additional fiscal year if the Adminis-
trator of such agency determines and reports promptly to
the Committees on Appropriations that the termination of
assistance to a country or a significant change in cir-
cumstances makes it unlikely that such earmarked funds
can be obligated during the original period of availability:
Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated
only for the purpose of such earmark.
Ω76æCEILINGS AND EARMARKS
SEC. 554. Ceilings and earmarks contained in this Act
shall not be applicable to funds or authorities appropriated
or otherwise made available by any subsequent Act unless
such Act specifically so directs.
Ω77æEXCESS DEFENSE ARTICLES
SEC. 555. The authority of section 519 of the Foreign
Assistance Act of 1961, as amended, may be used in fiscal
year 1994 to provide nonlethal excess defense articles to
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countries for which receipt of such articles was separately
justified for the fiscal year, without regard to the restric-
tions in subsection (a) of that section.
Ω78æTERMINATION
SEC. 556. For the purpose of making an equitable set-
tlement of termination claims under extraordinary contrac-
tual relief standards, the President may adopt as a contract
or other obligation of the United States Government, and
assume (in whole or in part) any liabilities arising there-
under, any contract with a United States or third-country
contractor that had been funded with assistance under this
Act prior to the termination of assistance.
Ω79æREAL PROPERTY MANAGEMENT
SEC. 557. Any funds remaining in the Acquisition of
Property Revolving Fund administered by the Agency for
International Development may be transferred to, and con-
solidated and merged with, funds in the Property Manage-
ment Fund established pursuant to section 585 of the For-
eign Operations, Export Financing, and Related Programs
Appropriations Act, 1991 (Public Law 101–513).
Ω80æ
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SEC. 558. UNITED STATES ASSISTANCE FOR THE
TRANSITION TO A NONRACIAL DEMOCRACY
IN SOUTH AFRICA.
(a) REPEAL.—Sections 116(e)(2), 116(f), and 116(g),
section 117 (as added by the Comprehensive Anti-Apartheid
Act of 1986), and section 535 of the Foreign Assistance Act
of 1961 are repealed. Section 116(e)(1) of that Act is
amended by striking ‘‘(1)’’.
(b) IN GENERAL.—The President is authorized and en-
couraged to provide assistance under chapter 10 of part I
of the Foreign Assistance Act of 1961 (relating to the Devel-
opment Fund for Africa) or chapter 4 of part II of that
Act (relating to the Economic Support Fund) to support
the transition to nonracial democracy in South Africa.
Such assistance shall—
(1) focus on building the capacity of disadvan-
taged South Africans to take their rightful place in
the political, social, and economic systems of their
country;
(2) give priority to working with and through
South African nongovernmental organizations whose
leadership and staff represent the majority population
and which have the support of the disadvantaged
communities being served by such organizations;
(3) in the case of education programs—
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(A) be used to increase the capacity of
South African institutions to better serve the
needs of individuals disadvantaged by apartheid;
(B) emphasize education within South Afri-
ca to the extent that assistance takes the form of
scholarships for disadvantaged South African
students; and
(C) fund nontraditional training activities;
(4) support activities to prepare South Africa for
elections, including voter and civic education pro-
grams, political party building, and technical elec-
toral assistance;
(5) support activities and entities, such as the
Peace Accord structures; and
(6) support activities to promote human rights,
democratization, and a civil society.
(c) GOVERNMENT OF SOUTH AFRICA.—
(1) LIMITATION ON ASSISTANCE.—Except as pro-
vided in paragraph (2), assistance provided in ac-
cordance with this section may not be made available
to the Government of South Africa, or organizations
financed and substantially controlled by that govern-
ment, unless the President certifies to the Congress
that an interim government that was elected on a
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nonracial basis through free and fair elections has
taken office in South Africa.
(2) EXCEPTIONS.—Paragraph (1) does not apply
to assistance for—
(A) higher education institutions, particu-
larly those traditionally disadvantaged by apart-
heid policies, or
(B) any other organization, entity, or activ-
ity if the President determines that the assist-
ance would promote the transition to nonracial
democracy in South Africa.
Any determination under subparagraph (B) shall be
based on consultations with South African individ-
uals and organizations representative of the majority
population in South Africa (particularly consulta-
tions through the Transitional Executive Council)
and consultations with the appropriate congressional
committees.
Ω81æPROHIBITION AGAINST PAY TO FOREIGN ARMED
SERVICE MEMBER
SEC. 559. None of the funds appropriated in this Act
nor any of the counterpart funds generated as a result of
assistance hereunder or any prior Act shall be used to pay
pensions, annuities, or retirement pay for any person here-
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tofore or hereafter serving in the armed forces of any recipi-
ent country.
Ω82æPROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 560. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not authorized before the date of
enactment of this Act by the Congress.
Ω83æDISADVANTAGED ENTERPRISES
SEC. 561. (a) Except to the extent that the Adminis-
trator of the Agency for International Development of the
Foreign Assistance Act of 1961 determines otherwise, not
less than 10 percent of the aggregate amount made available
for the current fiscal year for the ‘‘Development Assistance
Fund’’, ‘‘Population, Development Assistance’’, and the
‘‘Development Fund for Africa’’ shall be made available
only for activities of United States organizations and indi-
viduals that are—
(1) business concerns owned and controlled by
socially and economically disadvantaged individuals,
(2) historically black colleges and universities,
(3) colleges and universities having a student
body in which more than 40 per centum of the stu-
dents are Hispanic American, and
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(4) private voluntary organizations which are
controlled by individuals who are socially and eco-
nomically disadvantaged.
(b)(1) In addition to other actions taken to carry out
this section, the actions described in paragraphs (2) through
(5) shall be taken with respect to development assistance
and assistance for sub-Saharan Africa for the current fiscal
year.
(2) Notwithstanding any other provision of law, in
order to achieve the goals of this section, the Adminis-
trator—
(A) to the maximum extent practicable, shall uti-
lize the authority of section 8(a) of the Small Busi-
ness Act (15 U.S.C. 637(a));
(B) to the maximum extent practicable, shall
enter into contracts with small business concerns
owned and controlled by socially and economically
disadvantaged individuals, and organizations con-
tained in paragraphs (2) through (4) of subsection
(a)—
(i) using less than full and open competitive
procedures under such terms and conditions as
the Administrator deems appropriate, and
(ii) using an administrative system for jus-
tifications and approvals that, in the Adminis-
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trator’s discretion, may best achieve the purpose
of this section; and
(C) shall issue regulations to require that any
contract in excess of $500,000 contain a provision re-
quiring that no less than 10 per centum of the dollar
value of the contract be subcontracted to entities de-
scribed in subsection (a), except—
(i) to the extent the Administrator deter-
mines otherwise on a case-by-case or category-of-
contract basis; and
(ii) this subparagraph does not apply to
any prime contractor that is an entity described
in subsection (a).
(3) Each person with contracting authority who is at-
tached to the Agency’s headquarters in Washington, as well
as all Agency missions and regional offices, shall notify the
Agency’s Office of Small and Disadvantaged Business Utili-
zation at least seven business days before advertising a con-
tract in excess of $100,000, except to the extent that the
Administrator determines otherwise on a case-by-case or
category-of-contract basis.
(4) The Administrator shall include, as part of the per-
formance evaluation of any mission director of the agency,
the mission director’s efforts to carry out this section.
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(5) The Administrator shall submit to the Congress an-
nual reports on the implementation of this section. Each
such report shall specify the number and dollar value or
amount (as the case may be) of prime contracts, sub-
contracts, grants, and cooperative agreements awarded to
entities described in subsection (a) during the preceding fis-
cal year.
(c) As used in this section, the term ‘‘socially and eco-
nomically disadvantaged individuals’’ has the same mean-
ing that term is given for purposes of section 8(d) of the
Small Business Act, except that the term includes women.
Ω84æHUMAN RIGHTS REPORT
SEC. 562. (a) Section 511(b) of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1993 (Public Law 102–391) is amended to
read as follows:
‘‘(b) HUMAN RIGHTS REPORT.—The Secretary of
State shall also transmit the report required by section
116(d) of the Foreign Assistance Act of 1961 to the Commit-
tees on Appropriations each year by the date specified in
that section: Provided, That each such report submitted
pursuant to such section shall include (1) a review of each
country’s commitment to children’s rights and welfare; (2)
a description of the extent to which indigenous people are
able to participate in decisions affecting their lands, cul-
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tures, traditions and the allocation of natural resources,
and assess the extent of protection of their civil and political
rights; and (3) an examination of discrimination toward
people with disabilities: Provided further, That a separate
report, which shall be entitled ‘Annual Report on Military
Expenditures’, shall be submitted (at the same time as the
report required by section 116(d)) which shall contain a
description of the military expenditures of each country and
the efforts it is making to reduce those expenditures, and
should include for each country—
‘‘(1) an updated estimate of current military
spending and a description of trends in spending in
real terms, using methodology such as that developed
by the Arms Control and Disarmament Agency;
‘‘(2) an updated estimate of current spending on
health care and education;
‘‘(3) a description of the size and political role
of the armed forces, including an assessment of the
ability of civilian authorities to appoint and remove
military officers;
‘‘(4) an assessment of the feasibility of substan-
tially reducing military spending;
‘‘(5) a description of efforts by each country and
the United States to encourage such reductions, in-
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cluding collaborative efforts with other donors and
arms suppliers; and
‘‘(6) a description of the country’s efforts to make
such reductions, including its willingness to provide
accurate military spending data to relevant inter-
national organizations and accurate data to the
United Nations Register of Conventional Arms, and
to participate in regional talks aimed at reducing
military spending.’’.
(b) The United States shall, in accordance with its
international obligations as set forth in the Charter of the
United Nations and in keeping with the constitutional her-
itage and traditions of the United States, promote and en-
courage increased respect for human rights and fundamen-
tal freedoms throughout the world without distinction as to
race, sex, language, disability, or religion.
Ω85æUSE OF AMERICAN RESOURCES
SEC. 563. To the maximum extent possible, assistance
provided under this Act and title VI should make full use
of American resources, including commodities, products,
and services.
Ω86æINTERNATIONAL FUND FOR IRELAND
SEC. 564. Of the funds appropriated under the heading
‘‘Development Assistance Fund,’’ up to $19,600,000 may be
made available until expended for the United States con-
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tribution to the International Fund for Ireland, in accord-
ance with the Anglo-Irish Agreement Support Act of 1986
(Public Law 99–415), and such amount shall be expended
at the minimum rate necessary to make timely payment
for projects and activities.
Ω87æASSISTANCE FOR THE NEW INDEPENDENT STATES OF
THE FORMER SOVIET UNION
SEC. 565. (a) Funds appropriated by this Act under
the heading ‘‘Assistance for the New Independent States of
the Former Soviet Union’’, and funds appropriated by the
Supplemental Appropriations for the New Independent
States of the Former Soviet Union Act, 1993, shall be avail-
able for economic assistance and for related programs as
follows:
(1) $895,000,000 shall be provided for the pur-
pose of private sector development including through
the support of bilateral and multilateral enterprise
funds, technical assistance and training, agribusiness
programs and agricultural credit, financing and tech-
nical assistance for small and medium private enter-
prises, and privatization efforts.
(2) $125,000,000 shall be provided for the pur-
pose of a special privatization and restructuring
fund: Provided, That the United States contribution
for such fund shall not exceed one-quarter of the ag-
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gregate amount being made available for such fund by
all countries.
(3) $185,000,000 shall be provided for the pur-
pose of enhancing trade with and investment in the
new independent states of the former Soviet Union,
including through energy and environment commod-
ity import assistance, costs of loans and loan guaran-
tees and the provision of trade and investment tech-
nical assistance.
(4) $295,000,000 shall be provided for the pur-
pose of enhancing democratic initiatives, including
through the support of a comprehensive program of
exchanges and training, assistance designed to foster
the rule of law, and encouragement of independent
media.
(5) $190,000,000 shall be provided for the pur-
pose of supporting troop withdrawal, including
through the support of an officer resettlement pro-
gram, and technical assistance for the housing sector.
(6) $285,000,000 shall be provided for the pur-
pose of supporting the energy and environment sec-
tors, including such programs as nuclear reactor safe-
ty, and technical assistance to foster the efficiency
and privatization of the energy sector and making
that sector more environmentally responsible, of which
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amount not less than $4,000,000 shall be provided for
the purpose of establishing, through an international
academic consortium of research universities, a coop-
erative data retrieval, computer based storage, and
electronic networking system between Russia, the
United States, and Canada. The consortium will be
formed for the identification, retrieval, preservation,
and analysis of existing scientific environmental data
stored in Russia, including data on northern region
contamination, key environmental parameters related
to contaminant transport processes (ice, wind, water,
and biota), North Pacific and Bering Sea fisheries,
marine mammals and sea birds, and northern human
ecology.
(7) $239,000,000 shall be provided for humani-
tarian assistance purposes, including to provide vac-
cines and medicines for vulnerable populations, to as-
sist in the establishment of a sustainable pharma-
ceutical industry, to provide food assistance, and to
meet other urgent humanitarian needs.
(b) Funds allocated for any of the paragraphs under
subsection (a) of this section may be reallocated for the pur-
poses of any other such paragraph, or may be reallocated
for other economic assistance and related programs in fur-
therance of the objectives of the FREEDOM Support Act,
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if at least 15 days prior to such reallocation, the Commit-
tees on Appropriations are notified in accordance with reg-
ular notification procedures.
(c) Funds made available in this Act for assistance
to the New Independent States of the former Soviet Union
shall be provided to the maximum extent feasible through
the private sector, including private voluntary organiza-
tions and nongovernmental organizations functioning in
the New Independent States.
(d) Of the funds appropriated by titles II and VI of
this Act under the headings ‘‘Assistance for the New Inde-
pendent States of the Former Soviet Union’’ and ‘‘Oper-
ations and Maintenance, Defense Agencies’’, and title IV,
not less than $300,000,000 shall be made available for
Ukraine.
(e) None of the funds appropriated by this or any other
Act, shall be transferred to the Government of Russia—
(1) unless that Government is making substan-
tial progress in implementing comprehensive eco-
nomic reforms based on market principles, private
ownership, repayment of commercial debt, respect for
commercial contracts, and elimination of arbitrary or
discriminatory taxes adverse to foreign private invest-
ment; and
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(2) if that Government applies or transfers Unit-
ed States assistance to any entity for the purpose of
expropriating or seizing ownership or control of as-
sets, investments, or ventures in violation of an exist-
ing contract with a United States private enterprise.
Ω88æ(f) Notwithstanding subsection (b), of the funds
made available under subsection (a), not less than
$40,000,000 shall remain available until expended to estab-
lish and operate a Russian Far East enterprise fund. The
fund shall be administered through the Agency for Inter-
national Development to provide technical assistance, pro-
mote business development, and support economic reform
in the Russian Far East.
Ω89æ(g) None of the funds appropriated by this or any
other Act, shall be made available to any government of the
New Independent States—
(1) if that government directs any action in vio-
lation of the territorial integrity or national sov-
ereignty of any other New Independent State, such as
those violations included in Principle Six of the Hel-
sinki Final Act;
(2) beginning 30 days after enactment of this
Act, and every April 1, and September 1, thereafter,
the Secretary of State shall report to the Committee
on Appropriations of each House of Congress on steps
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taken by the governments of the New Independent
States to achieve compliance with subsection (1). In
preparing the report the Secretary shall consult with
the United States Representative to the Conference on
Security and Cooperation in Europe and the Assist-
ant Secretary for Human Rights.
(h) None of the funds appropriated by this or any other
Act for the New Independent States of the former Soviet
Union shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization or non-proliferation programs, or
programs conducted under section 565(a)(5) of this Act.
(i) It is the sense of the Senate that at least one-third
of the funds made available by this Act for the New Inde-
pendent States of the former Soviet Union shall be provided
to countries other than Russia.
Ω90æANDEAN NARCOTICS INITIATIVE
SEC. 566. None of the funds appropriated by this Act
under the headings ‘‘Economic Support Fund’’ and ‘‘For-
eign Military Financing Program’’ may be made available
for the Andean Narcotics Initiative until the Secretary of
State consults with, and provides a new Andean counter-
narcotics strategy (including budget estimates) to, the Com-
mittees on Appropriations.
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Ω91æLIMITATIONS ON ASSISTANCE FOR NICARAGUA
SEC. 567. (a) None of the funds appropriated by this
Act under the heading ‘‘Economic Support Fund’’ may be
made available to the Government of Nicaragua until the
Secretary of State determines and reports in writing to the
appropriate committees that—
(1) there has been a full and independent inves-
tigation conducted relating to issues raised by the dis-
covery, after the May 23 explosion in Managua, of
weapons caches, false passports, identity papers and
other documents, suggesting the existence of a terror-
ist/kidnapping ring; and
(2) any individuals identified by the investiga-
tion cited in paragraph (1) as being part of such
ring, including all government officials (including
any members of the armed forces or security forces)
are being prosecuted.
(b) In addition to subsection (a), funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’
may only be made available to the Government of Nica-
ragua upon the notification, in writing, by the Secretary
of State to the appropriate committees that he has deter-
mined that significant and tangible progress is being made
by the Government of Nicaragua toward—
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(1) the resolution of expropriation claims and
the effective compensation of legitimate claims;
(2) the timely implementation of recommenda-
tions made by the Tripartite Commission as it under-
takes to review and identify those responsible for gross
human rights violations, including the expeditious
prosecution of individuals identified by the commis-
sion in connection with such violations;
(3) the enactment into law of legislation to re-
form the Nicaraguan military and security forces in
order to guarantee civilian control over the armed
forces;
(4) the establishment of civilian control over the
police, and the independence of the police from the
military; and
(5) the effective reform of the Nicaraguan judi-
cial system.
(c) The notification pursuant to subsection (b) shall
include a detailed listing of the tangible evidence that forms
the basis for such determination.
(d) For purposes of this section, the term ‘‘appropriate
committees’’ means the Committees on Foreign Relations
and Appropriations of the Senate and the Committees on
Foreign Affairs and Appropriations of the House of Rep-
resentatives.
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Ω92æLIMITATIONS ON ASSISTANCE FOR HAITI
SEC. 568. (a) Notwithstanding any provision of this
or any other Act, none of the funds appropriated by this
Act may be obligated or expended for the purpose of mili-
tary-related civic action programs, police training, or mili-
tary training for Haiti—
(1) prior to October 30, 1993, unless such pro-
grams or training constitutes an integral part of a
United Nations-sponsored, multilateral initiative in
furtherance of the implementation of the Governor’s
Island Accords, signed on July 3, 1993; and
(2) on or after October 30, 1993, in order to
strengthen civilian control over the military and to
establish an independent civilian police force, without
the concurrence of the duly-elected President of Haiti.
(b) Notwithstanding any provision of this or any other
Act, none of the funds appropriated by this Act may be
used to provide military assistance or military training to
any member of the Haitian Armed Forces who the Sec-
retary of State knows or has reason to believe, based on
all credible information available to him—
(1) is or has been an illicit trafficker in any
narcotic or psychotropic drug or other controlled sub-
stance, or is or has been a knowing assistor, abettor,
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conspirator, or colluder with others in the illicit traf-
ficking in any such substance; or
(2) is or has participated in gross violations of
internationally recognized human rights.
Ω93æAGRICULTURAL AID TO THE NEW INDEPENDENT
STATES OF THE FORMER SOVIET UNION
SEC. 569. Of the funds appropriated by titles II and
VI of this Act under the headings ‘‘Assistance for the New
Independent States of the Former Soviet Union’’ and ‘‘Op-
erations and Maintenance, Defense Agencies’’, $50,000,000
shall be made available only for provision of United States
agricultural commodities to address the food and nutrition
needs of the people of the new independent states of the
former Soviet Union: Provided, That in providing assist-
ance under this section, primary emphasis shall be given
to meeting the food and nutrition needs of children and
pregnant and post-partum women: Provided further, That
funds made available for the purposes of this section may
be used for transportation of United States agricultural
commodities provided under this section: Provided further,
That the President may enter into agreements with the gov-
ernments of the new independent states and nongovern-
mental organizations to provide for the sale of any part
of the United States agricultural commodities in the new
independent states for local currencies: Provided further,
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That any such local currencies shall be used in the new
independent states to process, transport, store, distribute or
otherwise enhance the effectiveness of the use of United
States agricultural commodities provided under this sec-
tion, and to support agricultural and rural development ac-
tivities.
Ω94æHUMANITARIAN ASSISTANCE FOR ARMENIA
SEC. 570. Of the funds appropriated by titles II and
VI of this Act (1) to carry out the provisions of chapter
1 of part I and chapter 4 of part II of the Foreign Assist-
ance Act of 1961, and (2) under the headings ‘‘Assistance
for the New Independent States of the Former Soviet
Union’’ and ‘‘Operations and Maintenance, Defense Agen-
cies’’, not less than $18,000,000 shall be made available,
notwithstanding any other provision of law, for urgent hu-
manitarian assistance for Armenia.
Ω95æHUMANITARIAN AND REFUGEE ASSISTANCE IN
CROATIA, SLOVENIA, BOSNIA, AND KOSOVA
SEC. 571. (a) Of the funds appropriated by this Act
under the heading ‘‘Migration and Refugee Assistance’’, not
less than $35,000,000 shall be made available to assist refu-
gees in Croatia, Slovenia, and Bosnia.
(b) Of the funds appropriated by title II of this Act,
not less than $30,000,000 shall be made available, notwith-
standing any provision of law, for humanitarian assistance
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for Bosnia, Croatia, and Kosova, of which not less than
$10,000,000 should be for Kosova: Provided, That such as-
sistance shall be provided through private and voluntary
organizations and shall include health care assistance (with
emphasis on maternal health care), and assistance for dis-
placed children and victims of war, including victims of
rape and torture.
Ω96æPROHIBITION OF PAYMENTS TO UNITED NATIONS
MEMBERS
SEC. 572. None of the funds appropriated or made
available pursuant to this Act for carrying out the Foreign
Assistance Act of 1961, may be used to pay in whole or
in part any assessments, arrearages, or dues of any member
of the United Nations.
Ω97æCONSULTING SERVICES
SEC. 573. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to section 3109 of title 5, United States
Code, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order pursuant to existing
law.
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Ω98æPRIVATE VOLUNTARY ORGANIZATIONS—
DOCUMENTATION
SEC. 574. None of the funds appropriated or made
available pursuant to this Act shall be available to a private
voluntary organization which fails to provide upon timely
request any document, file, or record necessary to the audit-
ing requirements of the Agency for International Develop-
ment, nor shall any of the funds appropriated by this Act
be made available to any private voluntary organization
which is not registered with the Agency for International
Development.
Ω99æCHEMICAL WEAPONS PROLIFERATION
SEC. 575. None of the funds appropriated by this Act
may be used to finance the procurement of chemicals, dual
use chemicals, or chemical agents that may be used for
chemical weapons production: Provided, That the provi-
sions of this section shall not apply to any such procure-
ment if the President determines that such chemicals, dual
use chemicals, or chemical agents are not intended to be
used by the recipient for chemical weapons production.
Ω100æSPECIAL DEBT RELIEF FOR THE POOREST
SEC. 576. The Foreign Assistance Act of 1961 is
amended by inserting at the end of part I the following
new chapter:
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‘‘CHAPTER 12—SPECIAL DEBT REDUCTION
AUTHORITY
‘‘SEC. 499. SPECIAL DEBT REDUCTION AUTHORITY.
‘‘(a) AUTHORITY TO REDUCE DEBT.—The President
may reduce amounts 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;
‘‘(2) credits extended or guarantees issued under
the Arms Export Control Act; or
‘‘(3) loans or guarantees made pursuant to the
Export-Import Bank of 1945.
‘‘(b) LIMITATIONS.—
‘‘(1) The authority provided by this section may
be exercised only to implement multilateral official
debt relief and referendum agreements commonly re-
ferred to as ‘Paris Club Agreed Minutes’.
‘‘(2) 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.
‘‘(3) The authority provided by this section may
be exercised only with respect to countries with heavy
debt burdens that are eligible to borrow from the
International Development Association, but not from
the International Bank for Reconstruction and Devel-
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opment, commonly referred to as ‘IDA-only’ coun-
tries.
‘‘(c) ELIGIBILITY.—The authority provided by this sec-
tion may be exercised only with respect to a country—
‘‘(1) whose government is making reasonable
progress toward democracy;
‘‘(2) whose government has not repeatedly pro-
vided support for acts of international terrorism;
‘‘(3) whose government is not failing to cooperate
on international narcotics control matters; and
‘‘(4) whose government (including its military or
other security forces) does not engage in a consistent
pattern of gross violations of internationally recog-
nized human rights.
‘‘(d) CERTAIN PROHIBITIONS INAPPLICABLE.—A re-
duction of debt pursuant to this section shall not be consid-
ered assistance for purposes of any provision of law limit-
ing assistance to a country.’’.
Ω101æGUARANTEES
SEC. 577. Section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by in-
serting after subparagraph (2)(F) the following new sub-
paragraph:
‘‘(G) NET GUARANTEE COSTS.—The net costs for fiscal
year 1994 of the appropriation made under section 601 of
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Public Law 102–391 are not subject to the discretionary
spending limits or the Appropriations Committee’s Foreign
Operations Subcommittee’s 602(b) allocation in fiscal year
1994.’’.
Ω102æFOREIGN MILITARY FINANCING DIRECT COMMERCIAL
SALES POLICY
SEC. 578. (a) PROHIBITION ON POLICY CHANGES.—
The Secretary of Defense shall not restrict the use of Foreign
Military Financing for direct commercial sales unless and
until—
(1) the Secretary of Defense submits to the con-
gressional appropriations, foreign relations and de-
fense committees the report under subsection (b); and
(2) the Secretary of Defense consults with and se-
cures the approval of the Congress regarding any pro-
posed changes in Foreign Military Financing direct
commercial sales policy.
(b) REPORT ON IMPACT OF POLICY CHANGES REGARD-
ING FOREIGN MILITARY FINANCING DIRECT COMMERCIAL
SALES.—The Secretary of Defense shall submit a report to
Congress on or before December 31, 1994, regarding the im-
plementation of the Foreign Military Financing program
through both the Government-to-Government and direct
commercial sales methods.
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(1) CONTENT OF REPORT.—The report shall in-
clude—
(A) reasons for selecting the Government-to-
Government or direct commercial sales methods
in Foreign Military Financing transactions;
(B) benefits and difficulties resulting from
usage of the Government-to-Government or direct
commercial sales methods in Foreign Military
Financing transactions, including, but not lim-
ited to, a discussion and statistical breakdown of
administrative and other difficulties arising
from both Government-to-Government and direct
commercial sales methods; and
(C) the time necessary to ensure an effective
and non-disruptive transition to implement any
changes regarding Foreign Military Financing
sales methods which the Congress may approve.
(2) FORM OF REPORT.—The report shall be sub-
mitted in classified and unclassified forms.
(3) SOLICITATION OF ADDITIONAL VIEWS.—The
Secretary of Defense shall solicit the views of the De-
partment of State and the National Security Council
and of foreign countries and United States defense
contractors which participate in the Foreign Military
Financing program regarding those issues covered by
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subsection (b)(1). All views solicited under direction
of this subsection shall be included in the final report
submitted to Congress.
Ω103æRESTRICTION ON ASSISTANCE TO PERU
SEC. 579. (a) IN GENERAL.—None of the funds appro-
priated by this Act to carry out the Foreign Assistance Act
of 1961 may be available for the Government of Peru until
the President determines and so certifies to Congress that
the Government of Peru has paid fair and equitable com-
pensation to the survivors of Master Sergeant Joseph Beard,
Jr., United States Air Force, who was killed during the at-
tack by aircraft of the military forces of Peru on April 24,
1992, against a United States Air Force C–130 aircraft op-
erating off the coast of Peru in international airspace.
(b) OPPOSITION TO FINANCING BY MULTILATERAL DE-
VELOPMENT BANKS.—The Secretary of the Treasury shall
instruct the United States executive directors of the appro-
priate multilateral development banks to vote against any
loan or other financial assistance for Peru until the condi-
tion described in subsection (a) is met.
(c) DEFINITION.—For purposes of this section, the
term ‘‘appropriate multilateral development banks’’ means
the International Bank for Reconstruction and Develop-
ment, the International Development Association, and the
Inter-American Development Bank.