Calendar No. 197
103D CONGRESS
1ST SESSION
H. R. 2295
[Report No. 103–142]
AN ACT
Making appropriations for foreign operations, ex-
port financing, and related programs for the fis-
cal year ending September 30, 1994, and making
supplemental appropriations for such programs
for the fiscal year ending September 30, 1993,
and for other purposes.
JUNE 22, 1993
Received; read twice and referred to the Committee on
Appropriations
SEPTEMBER 14 (legislative day, SEPTEMBER 7), 1993
Reported with amendments
II
Calendar No. 197
103D CONGRESS
1ST SESSION
H. R. 2295
[Report No. 103–142]
IN THE SENATE OF THE UNITED STATES
JUNE 22, 1993
Received; read twice and referred to the Committee on Appropriations
SEPTEMBER 14 (legislative day, SEPTEMBER 7), 1993
Reported by Mr. LEAHY, with amendments
[Omit the part struck through and insert the part printed in italic]
AN ACT
Making appropriations for foreign operations, export financ-
ing, and related programs for the fiscal year ending
September 30, 1994, and making supplemental appro-
priations for such programs for the fiscal year ending
September 30, 1993, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for for-
eign operations, export financing, and related programs
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for the fiscal year ending September 30, 1994, and for
other purposes, namely:
TITLE I—MULTILATERAL ECONOMIC
ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
CONTRIBUTION TO THE INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the International Bank for Recon-
struction and Development by the Secretary of the Treas-
ury, for the United States share of the paid-in share por-
tion of the increases in capital stock for the General Cap-
ital Increase, $55,821,000 $27,910,500, to remain avail-
able until expended: Provided, That one-half of the funds
appropriated by this paragraph may be obligated only after
April 1, 1994: Provided further, That the remaining one-
half of such funds may be obligated only after September
1, 1994: Provided further, That not more than twenty-one
days prior to the obligation of each half of such funds, the
Secretary submits a certification to the Committees on Ap-
propriations that the Bank has approved no loans to Iran
since October 1, 1993, or the President of the United States
certifies that the obligation of these funds is in the national
interest of the United States.
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For payment to the International Bank for Recon-
struction and Development by the Secretary of the Treas-
ury, for the United States contribution to the Global Envi-
ronment Facility (GEF), $30,000,000, to remain available
until expended: Provided, That such funds shall be made
available to the Facility by the Secretary of the Treasury
if the Secretary determines (and so reports to the Commit-
tees on Appropriations) that the Facility has: (1) estab-
lished clear procedures ensuring public availability of docu-
mentary information on all Facility projects and associated
projects of the Facility implementing agencies; (2) estab-
lished clear procedures ensuring that affected peoples in re-
cipient countries are consulted on all aspects of identifica-
tion, preparation, and implementation of Facility projects;
and (3) the Facility governance process will provide for
contributor country oversight of individual projects in the
work program, and specific provisions will be established
for the participation of nongovernmental organizations in
all phases of the project cycle, including identification, ap-
praisal, implementation, and evaluation: Provided further,
That in the event the Secretary of the Treasury has not
made such determinations by September 30, 1994, funds
appropriated under this heading for the GEF shall be
transferred to the Agency for International Development
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sixth replenishment of the African Development Fund, to
remain available until expended.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions
of section 301 of the Foreign Assistance Act of 1961, and
of section 2 of the United Nations Environment Program
Participation Act of 1973, $339,500,000 $360,628,000:
Provided, That none of the funds appropriated under this
heading shall be made available for the following: the
United Nations Fund for Science and Technology, the G–
7 Nuclear Safety Fund, the OECD Center for Cooperation
with European Economies in Transition, and United Na-
tions Electoral Assistance activities: Provided further,
That funds appropriated under this heading may be made
available for the International Atomic Energy Agency only
if the Secretary of State determines (and so reports to
the Congress) that Israel is not being denied its right to
participate in the activities of that Agency: Provided fur-
ther, That of the funds appropriated under the heading not
less than $100,000,000 shall be made available for the Unit-
ed Nations Children’s Fund: Provided further, That unless
the President certifies to the Congress that the United
Nations Population Fund (UNFPA) has terminated all
activities in the People’s Republic of China, not more than
$36,215,500 of the funds appropriated under this heading
may be made available for UNFPA: Provided further,
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That none of the funds appropriated under this heading
may be made available for UNFPA until March 1, 1994,
unless the President has made the certification referred
to in the previous proviso: Provided further, That none of
the funds appropriated under this heading that are made
available to the United Nations Population Fund (UNFPA)
shall be made available for activities in the People’s Repub-
lic of China: Provided further, That if any funds appro-
priated under this heading are made available to UNFPA,
UNFPA shall be required (1) to maintain such funds in
a separate account and not commingle them with any other
funds, and (2) to refund to the United States an amount
equal to any amount that UNFPA contributes to the Peo-
ple’s Republic of China in 1994 that is in excess of the
amount that UNFPA had planned to contribute to the Peo-
ple’s Republic of China in that year.
TITLE II—BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to
carry out the provisions of the Foreign Assistance Act of
1961, and for other purposes, to remain available until
September 30, 1994, unless otherwise specified herein, as
follows:
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AGENCY FOR INTERNATIONAL DEVELOPMENT
DEVELOPMENT ASSISTANCE FUND
For necessary expenses to carry out the provisions
of sections 103 through 106 of the Foreign Assistance Act
of 1961, $811,900,000, to remain available until Septem-
ber 30, 1995: Provided, That of this amount not less than
$10,000,000 shall be made available for cooperative projects
among the United States, Israel, and developing countries,
of which not less than $5,000,000 shall be made available
for the Cooperative Development Program, not less than
$2,500,000 shall be made available for cooperative develop-
ment research projects, and not less than $2,500,000 shall
be made available for cooperative projects among the United
States and Israel and the countries of Eastern Europe, the
Baltic states, and the independent states of the former So-
viet Union.
POPULATION, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions
of section 104(b), $392,000,000, to remain available until
September 30, 1995: Provided, That none of the funds
made available in this Act nor any unobligated balances
from prior appropriations may be made available to any
organization or program which, as determined by the
President of the United States, supports or participates
in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That none of
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the funds made available under this heading may be used
to pay for the performance of abortion as a method of
family planning or to motivate or coerce any person to
practice abortions; and that in order to reduce reliance
on abortion in developing nations, funds shall be available
only to voluntary family planning projects which offer, ei-
ther directly or through referral to, or information about
access to, a broad range of family planning methods and
services: Provided further, That in awarding grants for
natural family planning under section 104 of the Foreign
Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant’s religious or conscien-
tious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further,
That nothing in this subsection shall be construed to alter
any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961.
DEVELOPMENT FUND FOR AFRICA
For necessary expenses to carry out the provisions
of chapter 10 of part I of the Foreign Assistance Act of
1961, $784,000,000, to remain available until September
30, 1995: Provided, That none of the funds appropriated
by this Act to carry out chapters 1 and 10 of part I of
the Foreign Assistance Act of 1961 shall be transferred
to the Government of Zaire: Provided further, That funds
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appropriated under this heading which are made available
for activities supported by the Southern Africa Development
Community shall be made available notwithstanding sec-
tion 512 of this Act and section 620(q) of the Foreign Assist-
ance Act of 1961.
PRIVATE AND VOLUNTARY ORGANIZATIONS
None of the funds appropriated or otherwise made
available by this Act for development assistance may be
made available to any United States private and voluntary
organization, except any cooperative development organi-
zation, which obtains less than 20 per centum of its total
annual funding for international activities from sources
other than the United States Government: Provided, That
the requirements of the provisions of section 123(g) of the
Foreign Assistance Act of 1961 and the provisions on pri-
vate and voluntary organizations in title II of the ‘‘Foreign
Assistance and Related Programs Appropriations Act,
1985’’ (as enacted in Public Law 98–473) shall be super-
seded by the provisions of this section.
WOMEN IN DEVELOPMENT
In recognition that the full participation of women in,
and the full contribution of women to, the development proc-
ess are essential to achieving economic growth, a higher
quality of life, and sustainable development in developing
countries, not less than $11,000,000 of the funds appro-
priated by this Act to carry out part I of the Foreign Assist-
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ance Act of 1961, in addition to funds otherwise available
for such purposes, shall be used to encourage and promote
the participation and integration of women as equal part-
ners in the development process in developing countries, of
which not less than $6,000,000 shall be made available as
matching funds to support the activities of the Agency for
International Development’s field missions to integrate
women into their programs: Provided, That the Agency for
International Development shall seek to ensure that country
strategies, projects, and programs are designed so that the
percentage of women participants will be demonstrably in-
creased.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster re-
lief, rehabilitation, and reconstruction assistance pursuant
to section 491 of the Foreign Assistance Act of 1961, as
amended, $145,985,000 $48,965,000 to remain available
until expended.
MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM
ACCOUNT
For the cost of direct loans and loan guarantees,
$2,000,000, as authorized by section 108 of the Foreign As-
sistance Act of 1961, as amended: Provided, That such costs
shall be as defined in section 502 of the Congressional Budg-
et Act of 1974: Provided further, That these funds are avail-
able to subsidize gross obligations for the principal amount
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of direct loans and total loan principal, any part of which
is to be guaranteed, not to exceed $50,000,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY FUND
For payment to the ‘‘Foreign Service Retirement and
Disability Fund’’, as authorized by the Foreign Service
Act of 1980, $44,151,000.
OPERATING EXPENSES OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions
of section 667, $501,760,000 $494,080,000.
OPERATING
EXPENSES
OF
THE
AGENCY
FOR
INTER-
NATIONAL
DEVELOPMENT
OFFICE
OF
INSPECTOR
GENERAL
For necessary expenses to carry out the provisions
of section 667, $39,118,000 $38,518,940, which sum shall
be available for the Office of the Inspector General of the
Agency for International Development: Provided, That ex-
cept as may be required by an emergency evacuation affect-
ing the United States diplomatic missions of which they
are a component element, none of the funds in this Act,
or any other Act, may be used to relocate the overseas Re-
gional Offices of the Inspector General to a location within
the United States without the express approval of the In-
spector General: Provided further, That the total number
of positions authorized for the Office of Inspector General
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in Washington and overseas shall be not less than two hun-
dred and fifty-one at September 30, 1994.
HOUSING GUARANTY PROGRAM ACCOUNT
For the subsidy cost, as defined in section 13201 of
the Budget Enforcement Act of 1990, of guaranteed loans
authorized by sections 221 and 222 of the Foreign Assist-
ance Act of 1961, $16,078,000: Provided, That these
funds are available to subsidize total loan principal and
interest, any part of which is to be guaranteed, not to ex-
ceed $110,000,000: Provided further, That these funds are
available to subsidize loan principal, 100 percent of which
shall be guaranteed, pursuant to the authority of such sec-
tions: Provided further, That the President shall enter into
commitments to guarantee such loans in the full amount
provided under this heading, subject to the availability of
qualified applicants for such guarantees. In addition, for
administrative expenses to carry out guaranteed loan pro-
grams, $8,239,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of
the Agency for International Development: Provided fur-
ther, That commitments to guarantee loans under this head-
ing may be entered into notwithstanding the second and
third sentences of section 222(a) and, with regard to pro-
grams for Eastern Europe, section 223(j) of the Foreign As-
sistance Act of 1961: Provided further, That none of the
funds appropriated under this heading shall be obligated
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except through the regular notification procedures of the
Committees on Appropriations.
DEBT RESTRUCTURING
For the cost, as defined in section 13201 of the
Budget Enforcement Act of 1990, of modifying direct
loans and loan guarantees, as the President may deter-
mine, for which funds have been appropriated or otherwise
made available for programs within the International Af-
fairs Budget Function 150, $7,000,000, to remain avail-
able until expended.
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions
of chapter 4 of part II, $2,364,562,000 $2,280,500,000,
to remain available until September 30, 1995: Provided,
That funds appropriated under this heading that are made
available for Israel shall be available on a grant basis as
a cash transfer and shall be disbursed within thirty days
of enactment of this Act or by October 31, 1993, which-
ever is later: Provided further, That funds appropriated
under this heading that are made available for Egypt shall
be provided on a grant basis, and of which sum cash trans-
fer assistance may be provided with the understanding
that Egypt will undertake significant economic reforms
which are additional to those which were undertaken in
previous fiscal years: Provided, That of the funds appro-
priated under this heading, not less than $1,200,000,000
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shall be available only for Israel, which sum shall be avail-
able on a grant basis as a cash transfer and shall be dis-
bursed within thirty days of enactment of this Act or by
October 31, 1993, whichever is later: Provided further, That
not less than $815,000,000 shall be available only for
Egypt, which sum shall be provided on a grant basis, and
of which sum cash transfer assistance may be provided,
with the understanding that Egypt will undertake signifi-
cant economic reforms which are additional to those which
were undertaken in previous fiscal years, and of which not
less than $200,000,000 shall be provided as Commodity Im-
port Program assistance: Provided further, That in exercis-
ing the authority to provide cash transfer assistance for
Israel and Egypt, the President shall ensure that the level
of such assistance does not cause an adverse impact on
the total level of nonmilitary exports from the United
States to each such country: Provided further, That it is
the sense of the Congress that the recommended levels of
assistance for Egypt and Israel are based in great measure
upon their continued participation in the Camp David Ac-
cords and upon the Egyptian-Israeli peace treaty: Pro-
vided further, That not less than $15,000,000 of the funds
appropriated under this heading shall be made available
for Cyprus to be used only for scholarships, bicommunal
projects, and measures aimed at the reunification of the is-
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land and designed to reduce tensions, and promote peace
and cooperation between the two communities on Cyprus:
Provided further, That not less than $7,000,000 of the funds
appropriated under this heading shall be made available
for the Middle East Regional Cooperation program: Pro-
vided further, That none of the funds appropriated under
this heading shall be made available for Zaire: Provided
further, That not more than $50,000,000 of the funds ap-
propriated under this heading may be made available to
finance tied-aid credits, unless the President determines
it is in the national interest to provide in excess of
$50,000,000 and so notifies the Committees on Appro-
priations through the regular notification procedures of
the Committees on Appropriations: Provided further, That
none of the funds made available or limited by this Act
may be used for tied-aid credits or tied-aid grants except
through the regular notification procedures of the Com-
mittees on Appropriations: Provided further, That none of
the funds appropriated by this Act to carry out the provi-
sions of chapters 1 and 10 of part I of the Foreign Assist-
ance Act of 1961 may be used for tied-aid credits: Pro-
vided further, That as used in this heading the term ‘‘tied-
aid credits’’ means any credit, within the meaning of sec-
tion 15(h)(1) of the Export-Import Bank Act of 1945,
which is used for blended or parallel financing, as those
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terms are defined by sections 15(h) (4) and (5), respec-
tively, of such Act: Provided further, That funds appro-
priated under this heading shall remain available until
September 30, 1995.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions
of part I of the Foreign Assistance Act of 1961,
$19,600,000, which shall be available for the United
States contribution to the International Fund for Ireland
and shall be made available in accordance with the provi-
sions of the Anglo-Irish Agreement Support Act of 1986
(Public Law 99–415): Provided, That such amount shall
be expended at the minimum rate necessary to make time-
ly payment for projects and activities: Provided further,
That funds made available under this heading shall re-
main available until expended.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES
(a) For necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 and the Support
for East European Democracy (SEED) Act of 1989,
$400,000,000 $380,000,000, to remain available until ex-
pended, which shall be available, notwithstanding any
other provision of law, for economic assistance and for re-
lated programs for Eastern Europe and the Baltic States.
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(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available
for an Enterprise Fund may be deposited by such Fund
in interest-bearing accounts prior to the Fund’s disburse-
ment of such funds for program purposes. The Fund may
retain for such program purposes any interest earned on
such deposits without returning such interest to the Treas-
ury of the United States and without further appropria-
tion by the Congress. Funds made available for Enterprise
Funds shall be expended at the minimum rate necessary
to make timely payment for projects and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available
the administrative authorities contained in that Act for
the use of economic assistance.
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF
THE FORMER SOVIET UNION
For necessary expenses to carry out the provisions
of chapter 11 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for
the new independent states of the former Soviet Union
and for related programs, $903,820,000 $603,820,000, to
remain available until expended: Provided, That the provi-
sions of 498B(j) of the Foreign Assistance Act of 1961
shall apply to funds appropriated by this paragraph.
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INDEPENDENT AGENCIES
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out the provisions
of title V of the International Security and Development
Cooperation Act of 1980, Public Law 96–533, and to
make such contracts and commitments without regard to
fiscal year limitations, as provided by section 9104, title
31, United States Code, $16,905,000: Provided, That,
when, with the permission of the President of the Founda-
tion, funds made available to a grantee under this heading
are invested pending disbursement, the resulting interest
is not required to be deposited in the United States Treas-
ury if the grantee uses the resulting interest for the pur-
pose for which the grant was made: Provided further, That
this provision applies with respect to both interest earned
before and interest earned after the enactment of this pro-
vision: Provided further, That notwithstanding section
505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the board of directors of the
Foundation may waive the dollar limitation contained in
that section with respect to a project: Provided further, That
the Foundation shall provide a report to the Committees
on Appropriations after each time such waiver authority
is exercised.
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INTER-AMERICAN FOUNDATION
For expenses necessary to carry out the functions of
the Inter-American Foundation in accordance with the
provisions of section 401 of the Foreign Assistance Act
of 1969, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 9104, title 31, United States Code, $30,340,000
$30,960,000.
OVERSEAS PRIVATE INVESTMENT CORPORATION
PROGRAM ACCOUNT
For the subsidy cost as defined in section 13201 of
the Budget Enforcement Act of 1990, of direct and guar-
anteed loans authorized by section 234 of the Foreign As-
sistance Act of 1961, as follows: cost of direct and guaran-
teed loans, $9,065,000. In addition, for administrative ex-
penses to carry out the direct and guaranteed loan pro-
grams, $7,518,000: Provided, That the funds provided in
this paragraph shall be available for and apply to costs,
direct loan obligations and loan guaranty commitments in-
curred or made during the period from October 1, 1993
through September 30, 1995: Provided further, That such
sums are to remain available through fiscal year 2002 for
the disbursement of direct and guaranteed loans obligated
in fiscal year 1994, and through 2003 for the disburse-
ment of direct and guaranteed loans obligated in fiscal
year 1995.
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The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
as provided by 31 U.S.C. 9104, such noncredit expendi-
tures and commitments within the limits of funds available
to it and in accordance with law (including an amount for
official reception and representation expenses which shall
not exceed $35,000) as may be necessary.
PEACE CORPS
For expenses necessary to carry out the provisions
of the Peace Corps Act (75 Stat. 612), $219,745,000, in-
cluding the purchase of not to exceed five passenger motor
vehicles for administrative purposes for use outside of the
United States: Provided, That none of the funds appro-
priated under this heading shall be used to pay for abor-
tions: Provided further, That funds appropriated under
this heading shall remain available until September 30,
1995: Provided further, That not to exceed $3,000,000
from amounts appropriated under this heading may be
transferred to the ‘‘Foreign Currency Fluctuations, Peace
Corps, Account’’, as authorized by section 16 of the Peace
Corps Act, as amended.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL
For necessary expenses to carry out the provisions
of section 481 of the Foreign Assistance Act of 1961,
$100,000,000: Provided, That during fiscal year 1994, the
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Bureau of International Narcotics Matters of the Depart-
ment of State may also use the authority of section 608
of the Foreign Assistance Act of 1961, without regard to
its restrictions, to receive non-lethal excess property from
an agency of the United States Government for the purpose
of providing it to a foreign country under chapter 8 of part
I of that Act subject to the regular notification procedures
of the Committees on Appropriations.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary
to enable the Secretary of State to provide, as authorized
by law, a contribution to the International Committee of
the Red Cross and assistance to refugees, including con-
tributions to the Intergovernmental Committee for Migra-
tion and the United Nations High Commissioner for Refu-
gees; salaries and expenses of personnel and dependents
as authorized by the Foreign Service Act of 1980; allow-
ances as authorized by sections 5921 through 5925 of title
5, United States Code; hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5,
United States Code; $670,688,000: Provided, That not less
than $80,000,000 shall be available for Soviet, Eastern Eu-
ropean and other refugees resettling in Israel: Provided fur-
ther, That not more than $11,500,000 of the funds appro-
priated under this heading shall be available for the ad-
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ministrative expenses of the Office of Refugee Programs
of the Department of State.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION
ASSISTANCE FUND
For necessary expenses to carry out the provisions
of section 2(c) of the Migration and Refugee Assistance
Act of 1962, as amended (22 U.S.C. 260(c)), $19,261,000
$49,261,000, to remain available until expended: Provided,
That the funds made available under this heading are ap-
propriated notwithstanding the provisions contained in
section 2(c)(2) of the Migration and Refugee Assistance
Act of 1962 which would limit the amount of funds which
could be appropriated for this purpose.
ANTI-TERRORISM ASSISTANCE
For necessary expenses to carry out the provisions
of chapter 8 of part II of the Foreign Assistance Act of
1961, $15,244,000.
TITLE III—MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions
of section 541 of the Foreign Assistance Act of 1961,
$21,250,000: Provided, That up to $300,000 of the funds
appropriated under this heading may be made available
for grant financed military education and training for any
country whose annual per capita GNP exceeds $2,349 on
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vided further, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants
made available for Israel by this paragraph shall, as agreed
by Israel and the United States, be available for advanced
fighter aircraft programs or for other advanced weapons
systems, as follows: (1) up to $150,000,000 shall be avail-
able for research and development in the United States; and
(2) not less than $475,000,000 shall be available for the pro-
curement in Israel of defense articles and defense services,
including research and development: Provided further, That
funds made available under this paragraph shall be
nonrepayable notwithstanding any requirement in section
23 of the Arms Export Control Act.
For the cost, as defined in section 13201 of the
Budget Enforcement Act of 1990, of direct loans author-
ized by section 23 of the Arms Export Control Act as fol-
lows: cost of direct loans, $46,530,000: Provided, That
these funds are available to subsidize gross obligations for
the principal amount of direct loans of not to exceed
$769,500,000: Provided further, That the rate of interest
charged on such loans shall be not less than the current
average market yield on outstanding marketable obliga-
tions of the United States of comparable maturities: Pro-
vided further, That funds appropriated under this heading
shall be made available for Portugal, Greece and Turkey
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only on a loan basis: Provided further, That the principal
amount of loans made available for Greece and Turkey
shall be made available according to a 7 to 10 ratio Pro-
vided further, That funds appropriated under this heading
shall be made available for Greece, Portugal, and Turkey
only on a loan basis, and the principal amount of direct
loans for each country shall not exceed the following;
$283,500,000 only for Greece, $81,000,000 only for Por-
tugal, and $405,000,000 only for Turkey.
None of the funds made available under this heading
shall be available to finance the procurement of defense
articles, defense services, or design and construction serv-
ices that are not sold by the United States Government
under the Arms Export Control Act unless the foreign
country proposing to make such procurements has first
signed an agreement with the United States Government
specifying the conditions under which such procurements
may be financed with such funds: Provided, That all coun-
try and funding level increases in allocations shall be sub-
mitted through the regular notification procedures of sec-
tion 515 of this Act: Provided further, That funds made
available under this heading shall be obligated upon appor-
tionment in accordance with paragraph (5)(C) of title 31,
United States Code, section 1501(a): Provided further,
That none of the funds appropriated under this heading
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shall be available for Zaire, Sudan, Liberia, Guatemala,
Peru, and Malawi: Provided further, That not more than
$100,000,000 of the funds made available under this
heading shall be available for use in financing the procure-
ment of defense articles, defense services, or design and
construction services that are not sold by the United
States Government under the Arms Export Control Act
to countries other than Israel and Egypt: Provided further,
That only those countries for which assistance was justi-
fied for the ‘‘Foreign Military Sales Financing Program’’
in the fiscal year 1989 congressional presentation for secu-
rity assistance programs may utilize funds made available
under this heading for procurement of defense articles, de-
fense services or design and construction services that are
not sold by the United States Government under the Arms
Export Control Act: Provided further, That, subject to the
regular notification procedures of the Committees on Appro-
priations, funds made available under this heading for the
cost of direct loans may also be used to supplement the
funds available under this heading for necessary expenses
for grants if countries specified under this heading as eligi-
ble for such direct loans decline to utilize such loans: Pro-
vided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make
timely payment for defense articles and services: Provided
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further, That the Department of Defense shall conduct
during the current fiscal year nonreimbursable audits of
private firms whose contracts are made directly with for-
eign governments and are financed with funds made avail-
able under this heading (as well as subcontractors there-
under) as requested by the Defense Security Assistance
Agency: 
Provided 
further, 
That 
not 
more 
than
$23,558,000 of the funds appropriated under this heading
may be obligated for 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-
tate the transport of aircraft to commercial arms sales
shows.
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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 receipts: Provided, That
notwithstanding any provision of Public Law 102–391, not
to exceed $160,000,000 of the obligational authority pro-
vided in that Act under the heading ‘‘Special Defense Ac-
quisition Fund’’ may be obligated pursuant to section
51(c)(2) of the Arms Export Control Act.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions
of section 551 of the Foreign Assistance Act of 1961,
$75,623,000 $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
interest of the United States to do so: Provided further,
That funds appropriated under this heading may be made
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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.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insur-
ance, and tied-aid grants as authorized by section 10 of
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the Export-Import Bank Act of 1945, as amended,
$700,000,000 $1,000,000,000 to remain available until
September 30, 1995: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Pro-
vided further, That such sums shall remain available until
2009 for the disbursement of direct loans, loan guaran-
tees, insurance and tied-aid grants obligated in fiscal year
1994 fiscal years 1994 and 1995: Provided further, That
up to $50,000,000 of funds appropriated by this para-
graph shall remain available until expended and may be
used for tied-aid grant purposes: Provided further, That
none of the funds appropriated by this paragraph may be
used for tied-aid credits or grants except through the regu-
lar notification procedures of the Committees on Appro-
priations: 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 con-
nection with the purchase or lease of any product by any
East European country, any Baltic State, or any agency
or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct
and 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.
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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.
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
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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.
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
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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
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-
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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
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,
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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
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
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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 chapter 1 chapters 1 and 8 of part I, sec-
tion 667, and chapter 4 of part II of the Foreign Assist-
ance Act of 1961, as amended, shall remain available until
expended if such funds are initially obligated before the
expiration of their respective periods of availability con-
tained in this Act: Provided further, That, notwithstanding
any other provision of this Act, any funds made available
for the purposes of chapter 1 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform ob-
jectives, shall remain available until expended: Provided
further, That the report required by section 653(a) of the
Foreign Assistance Act of 1961 shall designate for each
country, to the extent known at the time of submission
of such report, those funds allocated for cash disburse-
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ment 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
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
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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-
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
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(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
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)).
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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-
velopment Assistance Fund’’, ‘‘Population, Development
Assistance’’, ‘‘Development Fund for Africa’’, ‘‘Inter-
national organizations and programs’’, ‘‘American schools
and hospitals abroad’’, ‘‘Trade and development agency’’,
‘‘International narcotics control’’, ‘‘Assistance for Eastern
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Europe and the Baltic States’’, ‘‘Assistance for the New
Independent States of the Former Soviet Union’’, ‘‘Eco-
nomic support fund’’, ‘‘Peacekeeping operations’’, ‘‘Oper-
ating expenses of the Agency for International Develop-
ment’’, ‘‘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
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-
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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
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.
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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.
(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
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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.
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-
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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
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-
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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.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated in this Act
shall be obligated or expended for Afghanistan, Cambodia,
Colombia, El Salvador, Guatemala, Haiti, Indonesia, Jor-
dan, Liberia, Malawi, Peru, Sudan, Togo, or Zaire except
as provided through the regular notification procedures of
the Committees on Appropriations: Provided, That this sec-
tion 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 Sal-
vador.
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-
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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-
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-
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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-
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.
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’’.
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NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 525. Prior to providing excess Department of
Defense articles in accordance with section 516(a) of the
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 title I through V
titles I through IV of this Act may be obligated and ex-
pended subject to notwithstanding section 10 of Public
Law 91–672 and section 15 of the State Department
Basic Authorities Act of 1956: Provided, That the Sec-
retary of the Treasury is authorized to agree on behalf
of the United States to participate in the tenth replenish-
ment of the resources of the International Development
Association, the fifth replenishment of the Asian Develop-
ment Fund, and the replenishment of the permanent Glob-
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al Environment Facility, subject to obtaining the nec-
essary appropriations.
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 to 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
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the United States to oppose any loan or other use of the
funds of the respective institution to or for a country for
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—
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(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism, or
(2) otherwise supports international terrorism.
(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
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defense articles being provided by commercial lease rather
than by government-to-government sale under such Act.
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-
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ficial or employee, expressly prohibited by a provision of
United States law.
(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.
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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
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 or
subsequent Acts or local currencies which accrue to that
organization as a result of economic assistance provided
under the heading ‘‘Agency for International Develop-
ment’’ 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
1994, and up to $72,000,000 may be made available for
stockpiles in the Republic of Korea’’.
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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’’.
(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
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(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-
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-
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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
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
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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
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.
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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
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.
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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—
(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-
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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
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
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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
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-
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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—
(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
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Act shall be submitted through the regular notification
procedures to the Committees on Appropriations.
RESCISSION
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
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
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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—
(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
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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
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.
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(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
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.
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(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.
(e) If the President determines that doing so will con-
tribute 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,
That the determination required under this subsection shall
be in lieu of any determinations otherwise required under
section 552(c).
(f) Of the funds appropriated by this Act (including
title VI of this Act), not less than $3,000,000 shall be made
available for the United Nations War Crimes Tribunal, not-
withstanding 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
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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-
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.
(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 fund-
ing ceiling contained in subsection (a) of that section.
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(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 assist-
ance for Afghanistan and Lebanon, no more than 50 per-
cent 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;
(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;
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(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—
(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;
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(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
(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.
ANTI-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
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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
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.
ELIGIBILITY 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
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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-
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
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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
law prohibiting assistance to countries that violate
internationally recognized human rights.
EARMARKS
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-
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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-
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
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available for an additional fiscal year shall be obligated
only for the purpose of such earmark.
CEILINGS 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.
EXCESS 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
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.
TERMINATION
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.
REAL PROPERTY MANAGEMENT
SEC. 557. Any funds remaining in the Acquisition of
Property Revolving Fund administered by the Agency for
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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).
ASSISTANCE FOR DISADVANTAGED SOUTH AFRICANS
SEC. 558. (a) Assistance may be provided pursuant
to the authority contained in section 116(e)(2) of the For-
eign Assistance Act of 1961, notwithstanding subsection
(e)(2)(C) of that section.
(b) Assistance may be provided pursuant to the au-
thority contained in section 116(f) of the Foreign Assistance
Act of 1961, notwithstanding paragraph (2) of that sub-
section.
(c) In making grants under the authority of section
116(e)(2), the fourth sentence of subsection 116(e)(2)(B)
shall not apply to a nongovernmental organization financed
or controlled by the Government of South Africa if (1) such
organization meets the criteria specified in the first three
sentences of subparagraph (B), and (2) the President deter-
mines that (A) the activities of that organization further
the purposes of the establishment of a non-racial democratic
state in South Africa, (B) the provision of assistance to that
organization will further the objective of assisting disadvan-
taged South Africans, and (C) the Government of South Af-
rica is continuing to make progress toward dismantling
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apartheid and establishing a nonracial democracy. Before
making such determinations, the President shall consult
with the appropriate congressional committees and with
South African organizations that are representative of the
majority population of South Africa and should seek a com-
mitment from the Government of South Africa that it will
provide additional resources to meet the needs of disadvan-
taged South Africans. As used in the preceding sentence,
the term ‘‘appropriate congressional committees’’ means the
Committee on Appropriations and the Committee on For-
eign Affairs of the House of Representatives and the Com-
mittee on Appropriations and the Committee on Foreign
Relations of the Senate. The provisions of this subsection
shall also be applicable to assistance provided pursuant to
section 117 of the Foreign Assistance Act of 1961, relating
to assistance for disadvantaged South Africans.
PROHIBITION 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-
tofore or hereafter serving in the armed forces of any recipi-
ent country.
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PROHIBITION 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.
DISADVANTAGED 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
(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
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(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-
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
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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.
(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
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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.
HUMAN 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-
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
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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-
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
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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.
USE 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.
INTERNATIONAL 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-
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.
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ASSISTANCE 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-
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,
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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,
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—
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(1) unless that Government is making substan-
tial progress in implementing comprehensive eco-
nomic reforms based on market principles, private
ownership, respect for commercial contracts, and
elimination of arbitrary or discriminatory taxes ad-
verse to foreign private investment; and
(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.
ANDEAN 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.
LIMITATIONS 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—
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(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—
(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
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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.
LIMITATIONS 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—
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(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 in
which a member of the Haitian Armed Forces participates
if the Secretary of State knows or has reason to believe,
based on all credible information available to him, that such
member—
(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,
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.
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AGRICULTURAL 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,
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-
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tion, and to support agricultural and rural development ac-
tivities.
HUMANITARIAN 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.
HUMANITARIAN 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
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-
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placed children and victims of war, including victims of
rape and torture.
PROHIBITION 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.
CONSULTING 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.
PRIVATE 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
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which is not registered with the Agency for International
Development.
CHEMICAL 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.
SPECIAL 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:
‘‘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
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‘‘(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-
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
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‘‘(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.’’.
GUARANTEES
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
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.’’.
FOREIGN 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—
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(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.
(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
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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
subsection (b)(1). All views solicited under direction
of this subsection shall be included in the final report
submitted to Congress.
Titles I through V of this Act may be cited as the
‘‘Foreign Operations, Export Financing, and Related Pro-
grams Appropriations Act, 1994’’.
TITLE VI—FISCAL YEAR 1993 SUPPLEMENTAL
APPROPRIATIONS
The following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
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fiscal year ending September 30, 1993, and for other pur-
poses, namely:
FUNDS APPROPRIATED TO THE PRESIDENT
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF
THE FORMER SOVIET UNION
For an additional amount for the ‘‘Assistance for the
new independent states of the former Soviet Union’’ and
for related programs, $630,000,000, to be available upon
enactment and to remain available until expended,–of
which not to exceed $500,000,000 may be made available
for a special privatization and restructuring fund: Pro-
vided, That the United States contribution for such fund
shall not exceed one-quarter of the aggregate amount
being made available for such fund by all countries: Pro-
vided further, That: Provided, That the provisions of sec-
tion 498B(j) of the Foreign Assistance Act of 1961 shall
apply to funds appropriated by this paragraph.
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, DEFENSE AGENCIES
For an additional amount for ‘‘Operation and main-
tenance, Defense Agencies’’, $979,000,000, to be available
upon enactment and to remain available until September
30, 1994: Provided, That the Secretary of Defense may
transfer such funds to other appropriations available to
the Department of Defense for the purposes of providing
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assistance to the new independent states of the former So-
viet Union: Provided further, That the Secretary of De-
fense may transfer such funds to appropriations available
to the Department of State and other agencies of the
United States Government for the purposes of providing
assistance and related programs for the new independent
states of the former Soviet Union for programs that the
President determines will increase the national security of
the United States: Provided further, That the amounts
transferred shall be available subject to the same terms
and conditions as the appropriations to which transferred:
Provided further, That the authority to make transfers
pursuant to this provision is in addition to any other
transfer authority of the Department of Defense.
This title may be cited as the ‘‘Supplemental Appro-
priations for the New Independent States of the Former
Soviet Union Act, 1993’’.
Passed the House of Representatives June 17, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
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