[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 2295 Introduced in House (IH)] 103d CONGRESS 1st Session H. R. 2295 Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1994, and making supplemental appropriations for such programs for the fiscal year ending September 30, 1993, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1993 Mr. Obey introduced the following bill; which was referred to the Committee on Appropriations _______________________________________________________________________ A BILL Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1994, and making supplemental appropriations for such programs for the fiscal year ending September 30, 1993, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1994, and for other purposes, namely: TITLE I--MULTILATERAL ASSISTANCE Funds Appropriated to the President International Financial Institutions contribution to the international bank for reconstruction and development For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury, for the United States share of the paid-in share portion of the increases in capital stock for the General Capital Increase, $70,126,332, to remain available until expended. For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury, for the United States contribution to the Global Environment Facility (GEF), $30,810,000, to remain available until expended. limitation on callable capital subscriptions The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $2,267,418,063. contribution to the international development association For payment to the International Development Association by the Secretary of the Treasury, $1,250,000,000, for the United States contribution to the replenishment, to remain available until expended. contribution to the international finance corporation For payment to the International Finance Corporation by the Secretary of the Treasury, $50,000,000, for the United States share of the increase in subscriptions to capital stock, to remain available until expended. contribution to the inter-american development bank For payment to the Inter-American Development Bank by the Secretary of the Treasury for the United States share of the paid-in share portion of the increase in capital stock, $57,313,368, and for the United States share of the increases in the resources of the Fund for Special Operations, $20,576,000, to remain available until expended. limitation on callable capital subscriptions The United States Governor of the Inter-American Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $2,235,076,561. contribution to the asian development fund For the United States contribution by the Secretary of the Treasury to the increases in resources of the Asian Development Fund, as authorized by the Asian Development Bank Act, as amended (Public Law 89-369), $170,000,000, to remain available until expended. contribution to the african development fund For payment to the African Development Fund by the Secretary of the Treasury, $135,000,000, for the United States contribution to the sixth replenishment of the African Development Fund, to remain available until expended. contribution to the european bank for reconstruction and development For payment to the European Bank for Reconstruction and Development by the Secretary of the Treasury, $70,020,600, for the United States share of the paid-in share portion of the initial capital subscription, to remain available until expended. limitation on callable capital subscriptions The United States Governor of the European Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $163,381,400. 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 National Environment Program Participation Act of 1973, $390,000,000. Contribution to the Enterprise for the Americas Multilateral Investment Fund For payment to the Enterprise for the Americas Multilateral Investment Fund by the Secretary of the Treasury, for the United States contribution for the establishment of the Fund to be administered by the Inter-American Development Bank, $100,000,000, to remain available until expended. 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: Agency for International Development Functional Development Assistance Program development assistance fund For necessary expenses to carry to the provisions of sections 103 through 106 of the Foreign Assistance Act of 1961, as amended, $1,321,480,000, to remain available until expended, of which up to $20,000,000 may be made available for the United States contribution to the International Fund for Ireland, in accordance with the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415): Provided, That such amount shall be expended at the minimum rate necessary to make timely payment for projects and activities. sub-saharan africa, development assistance For necessary expenses to carry out the provisions of chapter 10 of part I of the Foreign Assistance Act of 1961, as amended, $800,000,000, to remain available until expended: Provided, That funds appropriated under this heading which are made available for activities supported by the Southern Africa Development Coordination Conference shall be made available notwithstanding section 516 of this Act and section 620(q) of the Foreign Assistance Act of 1961. international disaster assistance For necessary expenses for international disaster relief, rehabilitation, and reconstruction assistance pursuant to section 491 of the Foreign Assistance Act of 1961, as amended, $148,965,000, to remain available until expended. 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 section 667 of the Foreign Assistance Act of 1961, as amended, $512,000,000, to remain available until expended. operating expenses of the agency for international development office of inspector general For necessary expenses to carry out section 667 of the Foreign Assistance Act of 1961, as amended, and the Inspector General Act of 1978, as amended, $39,916,000, to remain available until expended. Housing Guarantee Program Account For the cost of guaranteed loans, $16,407,000, as authorized by sections 221 and 222 of the Foreign Assistance Act of 1961, as amended: Provided that such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $110,000,000. In addition, for administrative expenses to carry out guaranteed loan programs, $8,407,000, to remain available until expended, all of which may be transferred to and merged with the appropriations for Operating Expenses of the Agency for International Development. Debt Reduction For the cost, as defined in section 13201 of the Budget Enforcement Act of 1990, of modifying direct loans authorized by chapter 1 of Part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (including predecessor legislation), there is hereby appropriated $38,427,000, to remain available until expended. 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 determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, $7,000,000, to remain available until expended: Provided, That the authority of this provision shall be available with respect to direct loans and loan guarantees made for the benefit of the poorest countries, with special emphasis on such countries in Sub- Saharan Africa, as determined by the President. Economic Support Fund For necessary expenses to carry out the provisions of chapter 4 of part II, $2,582,000,000, to remain available until expended. Special Assistance Initiative philippines assistance multilateral assistance initiative For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 as amended, $40,000,000, to remain available until expended for the Multilateral Assistance Initiative for the Philippines. assistance for eastern europe and the baltic states 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, $408,951,000, to remain available until expended, which shall be available, notwithstanding any other provision of law, for economic assistance for Eastern Europe and the Baltic States. 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, $903,820,000, to remain available until expended: Provided, That the provisions of section 498B(j) of the Foreign Assistance Act shall apply to funds appropriated by this paragraph. 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 31 U.S.C. 9104, $16,905,000, to remain available until expended: Provided, That when, with the permission of the President of the Foundation, 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 Treasury if the grantee uses the resulting interest for the purpose 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 provision: Provided further, That when determined by the President of the African Development Foundation to be necessary, and subject to such security investigations as the President of the Foundation may determine to be appropriate, the Foundation may employ persons who are not citizens of the United States without regard to statutory provisions prohibiting payment of compensation to persons who are not citizens of the United States: Provided further, That this provision shall pertain only to individuals under negotiated contracts with the Foundation as of the date of the enactment of this Act. 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 31 U.S.C. 9104, $30,960,000. Overseas Private Investment Corporation Program Account credit programs For the cost of direct loans, $2,937,000, and for the cost of guaranteed loans $6,863,000, as authorized by section 234 of the Foreign Assistance Act of 1961: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $20,712,000 and total loan principal, any part of which is to be guaranteed, not to exceed $375,027,000: Provided further, That the funds provided in this paragraph shall be available for and apply to costs, direct loan obligations and loan guaranty commitments incurred 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 disbursement of direct and guaranteed loans obligated in fiscal year 1995. In addition, for administrative expenses to carry out the direct and guaranteed loan programs (including an amount for official reception and representation expenses which, when added to the amount provided for the Overseas Private Investment Corporation for official reception and representation expenses for noncredit programs, shall not exceed $35,000), $8,128,000, which shall be transferred to and merged with the ``Noncredit Account.'' noncredit programs The Overseas Private Investment Corporation is authorized to make, without regard to fiscal year limitations, as provided by 31 U.S.C. 9104, such noncredit expenditures 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, when added to the amount provided for the Overseas Private Investment Corporation for official reception and representation expenses in connection with its credit programs, 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. 6123), including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States, $219,745,000, to remain available until September 30, 1995: Provided, That the not to exceed $5,000,000 from amounts available under this head 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, $147,783,000. Migration and Refugee Assistance For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, refugee and migration assistance; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code; $640,688,000. 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)), $49,261,000, to remain available until expended: Provided, That the funds available under this heading are appropriated 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, $15,555,000. 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, $42,500,000: Provided, That the civilian personnel for whom military education and training may be provided under this heading may also include members of national legislatures who are responsible for the oversight and management of the military. Foreign Military Financing Program For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $3,351,920,000: Provided, That funds made available under this paragraph shall be nonrepayable notwithstanding any requirement in section 23. Funds under this heading shall also be available for the cost of direct loans, as authorized by section 23: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans of not to exceed $855,000,000: Provided further, That direct loans subsidized under this paragraph may be made available at concessional rates of interest. In addition, for administrative expenses necessary to carry out the direct loan program, $194,000, which may be transferred to and merged with funds deposited by foreign purchases for administrative expenses pursuant to sections 43(b) and 43(c) of the Arms Export Control Act. None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurements has first signed an agreement with the United States Government specifying the conditions under which such procurements may be financed with such funds: Provided, That funds made available under this heading shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United States Code, section 1501(a): Provided further, That not more than $300,000,000 of the funds made available under this heading shall be available for use in financing the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act to countries other than Israel and Egypt: Provided further, That only those countries for which assistance was justified for the ``Foreign Military Sales Financing Program'' in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided 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 further, That the Department of Defense shall conduct during the current fiscal year nonreimbursable audits of private firms whose contracts are made directly with foreign governments and are financed with funds made available under this heading (as well as subcontractors thereunder) as requested by the Defense Security Assistance Agency: Provided further, That not more than $25,558,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for the outside of the United States, for the general costs of administering military assistance and sales. Foreign Military Loan Liquidating Account For purposes of title V of the Congressional Budget Act of 1974, relating to Federal credit reform, the Arms Export Control Act is amended-- (a) in section 24(c), by striking out ``Guaranty Reserve Fund'' and inserting in lieu thereof ``Foreign Military Loan Liquidating Account'' and by striking out the third sentence thereof; and (b) in section 25(a), by striking out paragraph (7). Special Defense Acquisition Fund Notwithstanding section 51 of the Arms Export Control Act (22 U.S.C. 2795), collections in excess of obligational authority provided in prior appropriations acts shall be deposited in the Treasury as miscellaneous receipts. Peacekeeping Operations For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $77,166,000. Nonproliferation and Disarmament Fund For necessary expenses for a ``Nonproliferation and Disarmament Fund'', $50,000,000, to remain available until expended, to promote bilateral and multilateral activities: Provided, That such funds may be used pursuant to the authorities contained in section 504 of the Freedom Support Act: Provided further, That such funds may also be used for such countries other than the independent states of the former Soviet Union and international 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 available notwithstanding any other provision of law. TITLE IV--EXPORT ASSISTANCE Export-Import Bank Loans Program Account The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or 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 eligible to receive economic or military assistance under this Act that has detonated a nuclear explosive after the date of enactment of this Act. For the cost of direct loans, loan guarantees, insurance, and tied- aid grants, $757,000,000, as authorized by section 15 of the Export- Import Bank Act of 1945, as amended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such sums shall remain available until 2004 for the disbursement of direct loans, loan guarantees, insurance, and tied-aid grants obligated in fiscal year 1994. For administration expenses to carry out the direct and guaranteed loan and insurance programs (to be computed on an accrual basis), including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, and not to exceed $20,000 for official reception and representation expenses for members of the Board of Directors, $46,295,000: Provided, That necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection with the collection of moneys owed the Export-Import Bank, repossession, or sale of pledged collateral or other assets acquired by the Export-Import Bank in satisfaction of moneys owed the Export-Import Bank, or the investigation or appraisal of any property, or the evaluation of the legal or technical aspects of any transaction for which an application for a loan, guarantee or insurance commitment has been made, shall be considered nonadministrative expenses for the purposes of this heading. Trade and Development Agency trade and development agency For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $60,000,000, to remain available until September 30, 1995, of which not to exceed $2,000 shall be available for official representation expenses. TITLE V--FISCAL YEAR 1993 SUPPLEMENTAL The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1993, and for other purposes, namely: Funds Appropriated to the President International Security Assistance 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,'' $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: Provided, 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: Provided further, That the provisions of section 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 maintenance, Defense Agencies'', $979,000,000, to be available upon enactment and to remain available until Septem- ber 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 assistance to the independent states of the former Soviet Union: Provided further, That the Secretary of Defense 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 for the 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 subjects 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. <all>