[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4426 Enrolled Bill (ENR)]
H.R.4426
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 1995, and
making supplemental appropriations for such programs for the fiscal year
ending September 30, 1994, 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, 1995, 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 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, $23,009,101, to remain available
until expended: Provided, That one quarter of such funds may be
obligated only after April 1, 1995: Provided further, That one quarter
of such funds may be obligated only after September 1, 1995: Provided
further, That not more than twenty-one days prior to the obligation of
each such sum, the Secretary shall submit a certification to the
Committees on Appropriations that the Bank has not approved any loans
to Iran since October 1, 1994, or the President of the United States
certifies that withholding of these funds is contrary to the national
interest of the United States.
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 $743,923,914.
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), $90,000,000, to
remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by the
Secretary of the Treasury, $1,235,000,000, 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, $68,743,028, for the United States share of
the increase in subscriptions to capital stock, to remain available
until expended: Provided, That of the amount appropriated under this
heading not more than $5,364,000 may be expended for the purchase of
such stock in fiscal year 1995.
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, $28,111,959, and for the
United States share of the increases in the resources of the Fund for
Special Operations, $21,338,000, and for the United States share of the
capital stock of the Inter-American Investment Corporation, $190,000,
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 $1,594,568,180.
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 to the Fund to be administered by the Inter-American
Development Bank, $75,000,000 to remain available until expended.
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), $167,960,000, to remain available until expended.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $124,229,309, for the United States contribution to the
African Development Fund, to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury, for the paid-in share portion of the United States share of
the increase in capital stock, $133,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African 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 $2,002,540.
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, $69,180,353, for the United States
share of the paid-in share portion of the initial capital subscription,
to remain available until expended: Provided, That of the amount
appropriated under this heading not more than $7,002,000 may be
expended for the purchase of such stock in fiscal year 1995.
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 $161,420,824.
contribution to the enhanced structural adjustment facility of the
international monetary fund
For payment to the Interest Subsidy Account of the Enhanced
Structural Adjustment Facility of the International Monetary Fund,
$25,000,000, 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, $374,000,000:
Provided, That none of the funds appropriated under this heading shall
be made available for the United Nations Fund for Science and
Technology: Provided further, That funds appropriated under this
heading may be made available for the International Atomic Energy
Agency only if the Secretary of State Pdetermines (and so reports to
the Congress) that Israel is not being denied its right to participate
in the activities of that Agency: Provided further, That of the funds
appropriated under this heading that are made available for the United
Nations Children's Fund (UNICEF), 75 per centum shall be obligated and
expended no later than thirty days after the date of enactment of this
Act and 25 per centum shall be expended within thirty days from the
start of UNICEF's fourth quarter of operations for 1995: 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 Republic of China:
Provided further, That not more than $50,000,000 of the funds
appropriated under this heading may be made available to the UNFPA:
Provided further, That not more than one-half of this amount may be
provided to UNFPA before March 1, 1995, and that no later than February
15, 1995, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount UNFPA is budgeting
for the People's Republic of China in 1995: Provided further, That any
amount UNFPA plans to spend in the People's Republic of China in 1995
above $7,000,000, shall be deducted from the amount of funds provided
to UNFPA after March 1, 1995 pursuant to the previous provisos:
Provided further, That with respect to any funds appropriated under
this heading that are made available to UNFPA, UNFPA shall be required
to maintain such funds in a separate account and not commingle them
with any other funds.
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, 1995, unless
otherwise specified herein, as follows:
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, $853,000,000, to
remain available until September 30, 1996: Provided, That of the funds
appropriated under this title under the heading ``Agency for
International Development'', (1) not less than $280,000,000 should be
made available for activities which have as their objective the
reduction of childhood mortality, including such activities as
immunization programs, oral rehydration programs, and education
programs which address improved nutrition, and water and sanitation
programs, (2) not less than $135,000,000 should be made available for
basic education programs, and (3) not less than $25,000,000 should be
made available for micronutrient programs.
POPULATION, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of section
104(b), $450,000,000, to remain available until September 30, 1996:
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 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, either 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
conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements of
the previous proviso: Provided further, That for purposes of this or
any other Act authorizing or appropriating funds for foreign
operations, export financing, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options including
abortion: 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: Provided
further, That of the funds appropriated under this heading, not less
than the amount equal to the amount made available for the Office of
Population of the Agency for International Development in fiscal year
1994 shall be made available to that office: Provided further, That the
Administrator of the Agency for International Development may decrease
that amount only if he consults with and provides a written
justification to the Committees on Appropriations: Provided further,
That such justification shall be considered in accordance with the
regular notification procedures of the Committees on Appropriations.
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, $802,000,000, to remain
available until September 30, 1996: 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 appropriated under
this heading which are made available for activities supported by the
Southern Africa Development Community shall be made available
notwithstanding section 512 of this Act and section 620(q) of the
Foreign Assistance 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 organization, 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 private 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 superseded by the
provisions of this section.
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, $169,998,000 to
remain available until expended.
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 determine, for which funds have been appropriated or
otherwise made available for programs within the PInternational Affairs
Budget Function 150, $7,000,000, to remain available until expended.
micro and small enterprise development program account
For the subsidy cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign Assistance Act
of 1961, as amended: Provided, That such costs shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That guarantees of loans made under this heading in support of
microenterprise activities may guarantee up to 70 percent of the
principal amount of any such loans notwithstanding section 108 of the
Foreign Assistance Act of 1961. In addition, for administrative
expenses to carry out programs under this heading, $500,000, all of
which may be transferred to and merged with the appropriation for
Operating Expenses of the Agency for International Development.
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 Assistance Act of 1961, $19,300,000: Provided,
That these funds are available to subsidize loan principal, 100 percent
of which shall be guaranteed, pursuant to the authority of such
sections: 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 programs, $8,000,000, all of which may be transferred
to and merged with the appropriation for Operating Expenses of the
Agency for International Development: Provided further, That
commitments to guarantee loans under this heading may be entered into
notwithstanding the second and third sentences of section 222(a) and,
with regard to programs for Eastern Europe and programs for the benefit
of South Africans disadvantaged by apartheid, section 223(j) of the
Foreign Assistance Act of 1961: Provided further, That none of the
funds appropriated under this heading shall be obligated except through
the regular notification procedures of the Committees on
Appropriations.
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, $45,118,000.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions of section 667,
$517,500,000: Provided, That of this amount not more than $1,475,000
may be made available to pay for printing costs: Provided further, That
none of the funds appropriated by this Act for programs administered by
the Agency for International Development may be used to finance
printing costs of any report or study (except feasibility, design, or
evaluation reports or studies) in excess of $25,000 without the
approval of the Administrator of that Agency or the Administrator's
designee.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE
OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section 667,
$39,118,000, which sum shall be available for the Office of the
Inspector General of the Agency for International Development.
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,349,000,000, to remain available until September 30, 1996:
Provided, That of the funds appropriated under this heading, not less
than $1,200,000,000 shall be available only for Israel, which sum 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, 1994,
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 significant 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 Import Program assistance: Provided further, That in
exercising 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 Accords and upon the
Egyptian-Israeli peace treaty: Provided 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
appropriated 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 Appropriations 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 Committees on Appropriations: Provided
further, That none of the funds appropriated by this Act to carry out
the provisions of chapters 1 and 10 of part I of the Foreign Assistance
Act of 1961 may be used for tied-aid credits: Provided further, That as
used in this heading the term ``tied-aid credits'' means any credit,
within the meaning of section 15(h)(1) of the Export-Import Bank Act of
1945, which is used for blended or parallel financing, as those terms
are defined by sections 15(h) (4) and (5), respectively, of such Act:
Provided 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 island and designed to reduce tensions, and
promote peace and cooperation between the two communities on Cyprus.
international fund for ireland
For necessary expenses to carry out the provisions of part I of the
Foreign Assistance Act of 1961, up to $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
provisions 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 timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain 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, $359,000,000, to remain available until
expended, which shall be available, notwithstanding any other provision
of law, for economic assistance and for related programs for Eastern
Europe and the Baltic States.
(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 disbursement 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 Treasury
of the United States and without further appropriation 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
(a) 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, $850,000,000, to remain
available until expended: Provided, That the provisions of 498B(j) of
the Foreign Assistance Act of 1961 shall apply to funds appropriated by
this paragraph.
(b) None of the funds appropriated under this heading shall be
transferred to the Government of Russia--
(1) unless that Government is making progress in implementing
comprehensive economic reforms based on market principles, private
ownership, negotiating repayment of commercial debt, respect for
commercial contracts, and equitable treatment of foreign private
investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or ventures.
(c) Funds may be furnished without regard to subsection (b) if the
President determines that to do so is in the national interest.
(d) None of the funds appropriated under this heading shall be made
available to any government of the new independent states of the former
Soviet Union if that government directs any action in violation of the
territorial integrity or national sovereignty of any other new
independent state, such as those violations included in Principle Six
of the Helsinki Final Act: Provided, That such funds may be made
available without regard to the restriction in this subsection if the
President determines that to do so is in the national interest of the
United States: Provided further, That the restriction of this
subsection shall not apply to the use of such funds for the provision
of assistance for purposes of humanitarian, disaster and refugee
relief.
(e) None of the funds appropriated under this heading for the new
independent states of the former Soviet Union shall be made available
for any state to enhance its military capability: Provided, That this
restriction does not apply to demilitarization, defense conversion or
non-proliferation programs, or programs to support troop withdrawal
including through the support of an officer resettlement program, and
technical assistance for the housing sector.
(f) Funds appropriated under this heading shall be subject to the
regular procedures of the Committees on Appropriations.
(g) Funds made available in this Act for assistance to the new
independent states of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(h) Funds appropriated under this heading may be made available for
assistance for Mongolia.
(i) 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 organizations and nongovernmental organizations functioning
in the new independent states.
(j) Of the funds appropriated under this heading, not less than
$15,000,000 should be available only for a family planning program for
the new independent states of the former Soviet Union comparable to the
family planning program currently administered by the Agency for
International Development in the Central Asian Republics and focusing
on population assistance which provides an alternative to abortion.
(k) Of the funds appropriated under this heading, not less than
$150,000,000 should be made available for programs for Ukraine:
Provided, That of these funds not less than $25,000,000 should be made
available for land privatization activities and development of small
and medium size businesses, including agriculture enterprises.
(l) Of the funds made available by this or any other Act, not less
than $75,000,000 should be made available for programs and activities
for Armenia.
(m) Of the funds made available by this or any other Act, not less
than $50,000,000 should be made available for programs and activities
for Georgia.
(n) The President should establish a Trans-Caucasus Enterprise
Fund.
(o) The report required by subsection (d) under the heading
``Assistance for the New Independent States of the Former Soviet
Union'', contained in Public Law 102-391, shall be updated at least
annually and shall also contain a listing of all grants and contracts
issued from funds appropriated annually for the new independent states
of the former Soviet Union, to include for each grant and contract (1)
a description of its purpose, (2) its amount, and (3) the country where
the grant or contract funds are to be expended.
(p) Not less than $50,000,000 of the funds appropriated under this
heading should be made available for programs and activities which
match United States private sector resources with Federal funds.
(q) Within sixty days of enactment of this Act, the Administrator
of the Agency for International Development shall report to the
Committees on Appropriations on steps being taken to include
individuals and organizations with language or regional expertise in
the provision of assistance to the new independent states of the former
Soviet Union.
(r) Of the funds appropriated under this heading and under the
heading ``Assistance for Eastern Europe and the Baltic States'', not to
exceed $30,000,000 shall be made available for police training and
exchanges, and investigative and technical assistance activities
related to international criminal activities.
(s) Of the funds appropriated under this heading, not less than 50
percent should be made available for country specific activities within
bilateral, regional, or multilateral programs, except as provided
through the regular notification procedures of the Committees on
Appropriations.
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 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 notwithstanding
Psection 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.
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, $30,960,000.
PEACE CORPS
For expenses necessary to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $219,745,000, including 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
appropriated under this heading shall be used to pay for abortions:
Provided further, That funds appropriated under this heading shall
remain available until September 30, 1996.
Department of State
INTERNATIONAL NARCOTICS CONTROL
For necessary expenses to carry out the provisions of section 481
of the Foreign Assistance Act of 1961, $105,000,000: Provided, That
during fiscal year 1995, the Department 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 contributions to the Intergovernmental Committee
for Migration and the United Nations High Commissioner for Refugees;
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; hire of passenger motor
vehicles; and services as authorized by section 3109 of title 5, United
States Code, $671,000,000: Provided, That not more than $11,500,000 of
the funds appropriated under this heading shall be available for the
administrative expenses of the Office of Refugee Programs of the
Department of State: Provided further, That not less than $80,000,000
shall be made available for refugees from the former Soviet Union and
Eastern Europe and other refugees resettling in Israel.
refugee resettlement assistance
For necessary expenses for the targeted assistance program
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 and
administered by the Office of Refugee Resettlement of the Department of
Health and Human Services, in addition to amounts otherwise available
for such purposes, $6,000,000.
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)), $50,000,000, to remain available until expended:
Provided, That the funds made 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, $15,244,000.
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 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 new 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: Provided further, That
funds appropriated under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations.
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, $25,500,000: 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 the condition
that that country agrees to fund from its own resources the
transportation cost and living allowances of its students: Provided
further, 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, and may also include individuals who are
not members of a government: Provided further, That none of the funds
appropriated under this heading shall be available for Indonesia,
Rwanda, and Zaire: Provided further, That a report is to be submitted
to the Committees on Appropriations addressing how the proposed School
of the Americas IMET program for fiscal year 1995 will contribute to
the promotion of human rights, respect for civilian authority and the
rule of law, the establishment of legitimate judicial mechanisms for
the military, and achieving the goal of right sizing military forces:
Provided further, That none of the funds appropriated under this
heading or under the heading ``Military-to-Military Contact Program''
may be made available for Thailand or Algeria except through the
regular notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall submit, by February
1, 1995, a report to the Committees on Appropriations on the Thai
military's support for the Khmer Rouge and the Thai Government's
efforts to impede support for Burmese democracy advocates, exiles, and
refugees.
military-to-military contact program
For necessary expenses, for the military-to-military contact
program of the Department of Defense, $12,000,000: Provided, That funds
appropriated under this heading may be made available only for
activities in the area of responsibility of the United States Pacific
Command and for activities for East European countries and the Baltic
States.
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,
$3,151,279,000: Provided, That of the funds appropriated by this
paragraph not less than $1,800,000,000 shall be available for grants
only for Israel, and not less than $1,300,000,000 shall be available
for grants only for Egypt: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed within
thirty days of enactment of this Act or by October 31, 1994, whichever
is later: Provided 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 available for research and development in the
United States; and (2) not less than $475,000,000 shall be available
for the procurement 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 authorized by section 23 of the Arms
Export Control Act as follows: cost of direct loans, $47,917,000:
Provided, That these funds are available to subsidize gross obligations
for the principal amount of direct loans of not to exceed $619,650,000:
Provided further, That the rate of interest charged on such loans shall
be not less than the current average market yield on outstanding
marketable obligations of the United States of comparable maturities:
Provided further, That funds appropriated under this heading shall be
made available for Greece and Turkey only on a loan basis, and the
principal amount of direct loans for each country shall not exceed the
following: $255,150,000 only for Greece and $364,500,000 only for
Turkey: Provided further, That 10 percent of the principal amount of
direct loans for Turkey shall be withheld until the Secretary of State,
in consultation with the Secretary of Defense, has submitted to the
Committees on Appropriations a report addressing, among other things,
the allegations of abuses against civilians by the Turkish armed forces
and the situation in Cyprus, and a separate notification has been
submitted at least 15 days prior to the obligation of such funds:
Provided further, That 10 percent of the principal amount of direct
loans for Greece shall be withheld until the Secretary of State has
submitted to the Committees on Appropriations a report on the
allegations of Greek violations of the United Nations sanctions against
Serbia and of the United Nations Charter, and a separate notification
has been submitted at least 15 days prior to the obligation of such
funds.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 515 of this Act: Provided further, That funds made available
under this heading shall be obligated upon apportionment in accordance
with paragraph (5)(C) of title 31, United States Code, section 1501(a):
Provided further, That none of the funds appropriated under this
heading shall be available for Zaire, Sudan, Liberia, Guatemala, and
Peru: Provided further, That none of the funds appropriated under this
heading may be made available for Colombia or Bolivia until the
Secretary of State certifies that such funds will be used by such
country primarily for counternarcotics activities: Provided further,
That funds made available under this heading may be used,
notwithstanding any other provision of law, for demining activities,
and may include activities implemented through nongovernmental and
international organizations: Provided further, That not more than
$100,000,000 of the funds made available under this heading shall be
available for use in financing the procurement of defense articles,
defense services, or design and construction services that are not sold
by the United States Government under the Arms Export Control Act to
countries other than Israel and Egypt: Provided further, That only
those countries for which assistance was justified for the ``Foreign
Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for 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, subject to the regular notification
procedures of the Committees on Appropriations, 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
eligible for such direct loans decline to utilize such loans: Provided
further, That funds appropriated under this heading shall be expended
at the minimum rate 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 $22,150,000 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 $335,000,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department of Defense
during fiscal year 1995 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: Provided further, That none of the funds appropriated
under this heading, and no employee of the Defense Security Assistance
Agency, may be used to facilitate the transport of aircraft to
commercial arms sales shows.
special defense acquisition fund
Notwithstanding any provision of Public Law 102-391 as amended by
Public Law 103-87, not to exceed $140,000,000 of the obligational
authority provided in that Act under the heading ``Special Defense
Acquisition Fund'' may be obligated pursuant to section 51(c)(2) of the
Arms Export Control Act.
Not to exceed $20,000,000 may be obligated pursuant to section
51(c)(2) of the Arms Export Control Act for the purposes of closing the
Special Defense Acquisition Fund, to remain available for obligation
until September 30, 1998: Provided, That the authority provided in this
Act is not used to initiate new procurements.
PEACEKEEPING OPERATIONS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $75,000,000: Provided, That of
this amount up to $850,000 may be transferred to, and merged with,
funds appropriated under the heading ``International Military Education
and Training'' to carry out the provisions of section 541 of the Act:
Provided further, That funds transferred under the previous proviso
shall be in addition to amounts that may be transferred between
accounts under the authority of any other provision of law.
TITLE IV--EXPORT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing 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.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $786,551,000 to remain available until September 30,
1996: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such sums shall remain available
until 2010 for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 1995 and 1996:
Provided further, That up to $100,000,000 of funds appropriated by this
paragraph shall remain available until expended and may be used for
tied-aid grant purposes: Provided further, That none of the funds
appropriated by this paragraph may be used for tied-aid credits or
grants except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds appropriated
by this paragraph are made available notwithstanding section 2(b)(2) of
the Export-Import Bank Act of 1945, in connection with the purchase or
lease of any product by any East European country, any Baltic State, or
any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative 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,
$45,228,000: Provided, That necessary expenses (including special
services performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys owed the
Export-Import Bank, repossession or sale of pledged collateral or other
assets acquired by the Export-Import Bank in satisfaction of moneys
owed the Export-Import Bank, or the investigation or appraisal of any
property, or the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or insurance
commitment has been made, shall be considered nonadministrative
expenses for the purposes of this heading: Provided further, That,
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until
October 1, 1995.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to
carry out the credit and insurance programs (including an amount for
official reception and representation expenses which shall not exceed
$35,000) shall not exceed $24,322,000: Provided further, That project-
specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors pursuant
to section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $33,944,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 1995 and 1996:
Provided further, That such sums shall remain available through fiscal
year 2003 for the disbursement of direct and guaranteed loans obligated
in fiscal year 1995, and through fiscal year 2004 for the disbursement
of direct and guaranteed loans obligated in fiscal year 1996. In
addition, such sums as may be necessary for administrative expenses to
carry out the credit program may be derived from amounts available for
administrative expenses to carry out the credit and insurance programs
in the Overseas Private Investment Corporation Noncredit Account and
merged with said account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $44,986,000.
TITLE V--GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
Sec. 501. Except for the appropriations entitled ``International
Disaster Assistance'', and ``United States Emergency Refugee and
Migration Assistance Fund'', not more than 15 per centum of any
appropriation item made available by this Act shall be obligated during
the last month of availability.
PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS
Sec. 502. None of the funds contained in title II of this Act may
be used to carry out the provisions of section 209(d) of the Foreign
Assistance Act of 1961.
LIMITATION ON RESIDENCE EXPENSES
Sec. 503. Of the funds appropriated or made available pursuant to
this Act, not to exceed $126,500 shall be for official residence
expenses of the Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
Sec. 504. Of the funds appropriated or made available pursuant to
this Act, not to exceed $5,000 shall be for entertainment expenses of
the Agency for International Development during the current fiscal
year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
Sec. 505. Of the funds appropriated or made available pursuant to
this Act, not to exceed $95,000 shall be available for representation
allowances for the Agency for International Development during the
current fiscal year: Provided, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars: Provided further,
That of the funds made available by this Act for general costs of
administering military assistance and sales under the heading ``Foreign
Military Financing Program'', not to exceed $2,000 shall be available
for entertainment expenses and not to exceed $50,000 shall be available
for representation allowances: Provided further, That of the funds made
available by this Act under the heading ``International Military
Education and Training'', not to exceed $50,000 shall be available for
entertainment 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 entertainment 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 available 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 Organizations and Programs'') pursuant
to this Act, for carrying out the Foreign Assistance Act of 1961, may
be used, except for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Iraq, Libya,
North Korea, Iran, Serbia, Sudan, or Syria: Provided, That for purposes
of this section, the prohibition on obligations or 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 otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to any country whose duly elected Head
of Government is deposed by military coup or decree: Provided, That
assistance may be resumed to such country if the President determines
and reports to the Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government has taken
office.
TRANSFERS BETWEEN ACCOUNTS
Sec. 509. None of the funds made available by this Act may be
obligated under an appropriation account to which they were not
appropriated, unless the President, prior to the exercise of any
authority contained in the Foreign Assistance Act of 1961 to transfer
funds, consults with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That the exercise of such authority shall be subject
to the regular notification procedures of the Committees on
Appropriations.
DEOBLIGATION/REOBLIGATION AUTHORITY
Sec. 510. (a) Amounts certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955, as having been obligated against
appropriations heretofore made under the authority of the Foreign
Assistance Act of 1961 for the same general purpose as any of the
headings under the ``Agency for International Development'' are, if
deobligated, hereby continued available for the same period as the
respective appropriations under such headings or until September 30,
1995, whichever is later, and for the same general purpose, and for
countries within the same region as originally obligated: Provided,
That the Appropriations Committees of both Houses of the Congress are
notified fifteen days in advance of the deobligation and reobligation
of such funds in accordance with regular notification procedures of the
Committees on Appropriations.
(b) Obligated balances of funds appropriated to carry out section
23 of the Arms Export Control Act as of the end of the fiscal year
immediately preceding the current fiscal year are, if deobligated,
hereby continued available during the current fiscal year for the same
purpose under any authority applicable to such appropriations under
this Act: Provided, That the authority of this subsection may not be
used in fiscal year 1995.
AVAILABILITY OF FUNDS
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1 and 8 of part I,
section 667, and chapter 4 of part II of the Foreign Assistance Act of
1961, as amended, shall remain available until expended if such funds
are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
until expended: Provided further, That the report required by section
653(a) of the Foreign Assistance Act of 1961 shall designate for each
country, to the extent known at the time of submission of such report,
those funds allocated for cash disbursement for balance of payment and
economic policy reform purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
Sec. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to any country which is in default during
a period in excess of one calendar year in payment to the United States
of principal or interest on any loan made to such country by the United
States pursuant to a program for which funds are appropriated under
this Act: Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made available in this
Act or during the current fiscal year for Nicaragua, and for any
narcotics-related assistance for Colombia, Bolivia, and Peru authorized
by the Foreign Assistance Act of 1961 or the Arms Export Control Act.
COMMERCE AND TRADE
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if
the assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury to
United States producers of the same, similar, or competing commodity.
(b) None of the funds appropriated by this or any other Act to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961
shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, 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 produced 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 agricultural commodities of the United States; or
(2) research activities intended primarily to benefit American
producers.
(c) None of the funds provided in this Act to the Agency for
International Development, other than funds made available to carry out
Caribbean Basin Initiative programs under the Tariff Schedules of the
United States, section 1202 of title 19, United States Code, schedule
8, part I, subpart B, item 807.00, shall be obligated or expended--
(1) to procure directly feasibility studies or prefeasibility
studies for, or project profiles of potential investment in, the
manufacture, for export to the United States or to third country
markets in direct competition with United States exports, of
import-sensitive articles as defined by section 503(c)(1) (A) and
(E) of the Tariff Act of 1930 (19 U.S.C. 2463(c)(1) (A) and (E));
or
(2) to assist directly in the establishment of facilities
specifically designed for the manufacture, for export to the United
States or to third country markets in direct competition with
United States exports, of import-sensitive articles as defined in
section 503(c)(1) (A) and (E) of the Tariff Act of 1930 (19 U.S.C.
2463(c)(1) (A) and (E)).
SURPLUS COMMODITIES
Sec. 514. The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the European Bank for Reconstruction
and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds appropriated
or made available pursuant to this Act, for the production or
extraction of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity.
NOTIFICATION REQUIREMENTS
Sec. 515. For the purposes of providing the Executive Branch with
the necessary administrative flexibility, none of the funds made
available under this Act for ``Development Assistance Fund'',
``Population, Development Assistance'', ``Development Fund for
Africa'', ``International organizations and programs'', ``Trade and
Development Agency'', ``International narcotics control'', ``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for the New
Independent States of the Former Soviet Union'', ``Economic Support
Fund'', ``Peacekeeping operations'', ``Operating expenses of the Agency
for International Development'', ``Operating expenses of the Agency for
International Development Office of Inspector General'', ``Anti-
terrorism assistance'', ``Foreign Military Financing Program'',
``International military education and training'', ``Military-to-
Military Contact Program'', ``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 Appropriations Committees of both Houses of
Congress are previously notified fifteen days in advance: Provided,
That the President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms Export Control
Act for the provision of major defense equipment, other than
conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified
to Congress or 20 per centum in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified fifteen
days in advance of such commitment: Provided further, That this section
shall not apply to any reprogramming for an activity, program, or
project under chapter 1 of part I of the Foreign Assistance Act of 1961
of less than 20 per centum of the amount previously justified to the
Congress for obligation for such activity, program, or project for the
current fiscal year: Provided further, That the requirements of this
section or any similar provision of this Act requiring notification in
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: Provided further, That in
case of any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as early as
practicable, but in no event later than three days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on availability of funds for international organizations
and programs
Sec. 516. (a) Notwithstanding any other provision of law or of this
Act, none of the funds provided for ``International Organizations and
Programs'' shall be available for the United States proportionate
share, in accordance with section 307(c) of the Foreign Assistance Act
of 1961, for any programs identified in section 307, or for Libya,
Iran, or, at the discretion of the President, Communist countries
listed in section 620(f) of the Foreign Assistance Act of 1961, as
amended: Provided, That, subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated under this Act
or any previously enacted Act making appropriations for foreign
operations, export financing, and related programs, which are returned
or not made available for organizations and programs because of the
implementation of this section or any similar provision of law, shall
remain available for obligation through September 30, 1996.
(b) The United States shall not make any voluntary or assessed
contribution--
(1) to any affiliated organization of the United Nations which
grants full membership as a state to any organization or group that
does not have the internationally recognized attributes of
statehood, or
(2) to the United Nations, if the United Nations grants full
membership as a state in the United 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 Congress 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. Furthermore, 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 principal) from Israel to the United States Government in
recognition that such a principle serves United States interests 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 abortions 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 Assistance 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 sterilizations. The Congress reaffirms its
commitments toP Population, Development Assistance and to the need for
informedP voluntary family planning.
reporting requirement
Sec. 519. The President shall submit to the Committees 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 Colombia, Dominican Republic, El Salvador,
Guatemala, Haiti, Indonesia, Liberia, Nicaragua, Pakistan, Peru,
Rwanda, Sudan, or Zaire except as provided through the regular
notification procedures of the Committees on Appropriations: Provided,
That this section shall not apply to funds appropriated by this Act to
carry out the provisions of chapter 1 of part I of the Foreign
Assistance Act of 1961 that are made available for El Salvador and
Nicaragua.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 521. For the purpose of this Act, ``program, project, and
activity'' shall be defined at the Appropriations Act account level and
shall include all Appropriations and Authorizations Acts earmarks,
ceilings, and limitations 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 program level funding within each such
account; for the development assistance accounts of the Agency for
International Development ``program, project, and activity'' shall also
be considered to include central program level funding, either as (1)
justified to the Congress, or (2) allocated 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 available 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 governments, institutions of higher learning, and private and
voluntary organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned to, or
contracted by, as the case may be, the Agency for International
Development for the purpose of carrying out family planning activities,
child survival activities and activities relating to research on, and
the treatment and control of, acquired immune deficiency syndrome in
developing countries: Provided, That such individuals shall not be
included within any personnel ceiling or personnel level, with regard
to individuals detailed or assigned to the Agency for International
Development prior to October 1, 1994, established pursuant to any
provision of law or regulation applicable to any United States
Government agency during the period of detail or assignment: Provided
further, That funds appropriated by this Act that are made available
for child survival activities or activities relating to research on,
and the treatment and control of, acquired immune deficiency syndrome
may be made available notwithstanding any provision of law that
restricts assistance to foreign countries: Provided further, That funds
appropriated 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 otherwise made
available pursuant to this Act shall be obligated to finance indirectly
any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North
Korea, or the People's Republic of China, unless the President of the
United States certifies that the withholding of these funds is contrary
to the national interest of the United States.
RECIPROCAL LEASING
Sec. 524. Section 61(a) of the Arms Export Control Act is amended
by striking out ``1994'' and inserting in lieu thereof ``1995''.
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 Defense 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: Provided,
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 acquisition cost of
such defense articles.
authorization requirement
Sec. 526. (a) Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956.
(b) Section 13 of the Department of State Appropriations
Authorization Act of 1973 is repealed.
(c) The Secretary of the Treasury may, to fulfill commitments of
the United States, (1) subscribe to and make payment for shares of the
Inter-American Development Bank, make contributions to the Fund for
Special Operations of that Bank, and vote for resolutions (including
amendments to that Bank's constitutive agreement), all in connection
with the eighth general increase in resources of that Bank; and (2)
contribute to the Restructured Global Environment Facility under its
Instrument, to the African Development Fund in connection with the
seventh general replenishment of its resources, and to the Interest
Subsidy Account of the successor to the Enhanced Structural Adjustment
Facility of the International Monetary Fund. The amount authorized to
be appropriated for payment for paid-in shares of the Inter-American
Development Bank is limited to $76,832,001, the amount authorized to be
appropriated for payment for callable shares of the Inter-American
Development Bank is limited to $4,511,156,729, and the amount
authorized to be appropriated for payment of the contribution to the
Interest Subsidy Account of the successor to the Enhanced Structural
Adjustment Facility of the International Monetary Fund is limited to
$25,000,000. The amount to be paid in respect of each such contribution
or subscription is authorized to be appropriated without fiscal year
limitation. Each such subscription or contribution shall be effective
only to such extent or in such amounts as are provided in advance in
appropriations Acts.
(d) Title XV of the International Financial Institutions Act (22
U.S.C. 262o) is amended by adding at the end the following:
``SEC. 1502. MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY
INVOLVEMENT IN THE ECONOMIES OF RECIPIENT COUNTRIES.
``(a) Consideration of Commitment To Achieving Certain Goals.--
``(1) In general.--The Secretary of the Treasury shall instruct
the United States Executive Directors of the international
financial institutions (as defined in section 1701(c)(2)) to
promote growth in the international economy by taking into account,
when considering whether to support or oppose loan proposals at
these institutions, the extent to which the recipient government
has demonstrated a commitment to achieving the following goals:
``(A) to provide accurate and complete data on the annual
expenditures and receipts of the armed forces;
``(B) to establish good and publicly accountable
governance, including an end to excessive military involvement
in the economy; and
``(C) to make substantial reductions in excessive military
spending and forces.
``(b) Steps To Achieve Goals Required.--The Secretary of the
Treasury shall instruct the United States Executive Directors of the
international financial institutions (as so defined) to promote a
policy at each institution under which--
``(1) the respective institution monitors closely and, through
regular policy consultations with recipient governments, seeks to
influence the composition of public expenditure in favor of funding
growth and development priorities and away from unproductive
expenditure, including excessive military expenditures;
``(2) the respective institution supports lending operations
which assist efforts of recipient governments to promote good
governance, including public participation, and reduce military
expenditures; and
``(3) the allocation of resources and the extension of credit
by the respective institution takes into account the performance of
recipient governments in the areas of good governance, ending
excessive military involvement in the economy and reducing
excessive military expenditures.''.
(e) Title XVI of the International Financial Institutions Act (22
U.S.C. 262p et seq.) is amended by redesignating section 1620 as
section 1622 and by inserting after section 1619 the following:
``SEC. 1620. RESPECT FOR INDIGENOUS PEOPLES.
``The Secretary of the Treasury shall direct the United States
Executive Directors of the international financial institutions (as
defined in section 1701(c)(2)) and the United States representative to
the council of the Global Environment Facility administered by the
International Bank for Reconstruction and Development to use the voice
and vote of the United States to bring about the creation and full
implementation of policies designed to promote respect for and full
protection of the territorial rights, traditional economies, cultural
integrity, traditional knowledge and human rights of indigenous
peoples.
``SEC. 1621. ENCOURAGEMENT OF FAIR LABOR PRACTICES.
``(a) The Secretary of the Treasury shall direct the United States
Executive Directors of the international financial institutions (as
defined in section 1701(c)(2)) to use the voice and vote of the United
States to urge the respective institution--
``(1) to adopt policies to encourage borrowing countries to
guarantee internationally recognized worker rights (within the
meaning of section 502(a)(4) of the Trade Act of 1974) and to
include the status of such rights as an integral part of the
institution's policy dialogue with each borrowing country;
``(2) in developing the policies referred to in paragraph (1),
to use the relevant conventions of the International Labor
Organization, which have set forth, among other things, the right
of association, the right to organize and bargain collectively, a
prohibition on the use of any form of forced or compulsory labor,
and certain minimum labor standards that take into account
differences in development levels among nations including a minimum
age for the employment of children, acceptable conditions of work
with respect to minimum wages, hours of work, and occupational
safety and health; and
``(3) to establish formal procedures to screen projects and
programs funded by the institution for any negative impact in a
borrowing country on the rights referred to in paragraph (1).
``(b) The Secretary of the Treasury shall submit to the Committee
on Banking, Finance and Urban Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate by the end of each
fiscal year a report on the extent to which each borrowing country
guarantees internationally recognized worker rights to its labor force
and on progress toward achieving each of the goals described in
subsection (a).''.
(f) The Inter-American Development Bank Act (22 U.S.C. 283 et seq.)
is amended by adding at the end the following:
``SEC. 38. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE
CARIBBEAN.
``The Secretary of the Treasury shall direct the United States
Executive Director of the Bank to use the voice and vote of the United
States to support an increased focus on the poorest countries in Latin
America and the Caribbean, and on poorer areas of better off countries,
and to support programs conducted by the Multilateral Investment Fund,
particularly in targeting low-income countries and populations, working
with nongovernmental organizations and training and assisting former
combatants from civil conflicts in Latin America.''.
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 antitank shells containing a depleted uranium
penetrating component to any country other than (1) countries which are
members of NATO, (2) countries which have been designated 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
notwithstanding 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
designated in subsection (b), and the Administrator of the Agency for
International Development shall instruct the United States Executive
Director of the International Fund for Agriculture Development, to use
the voice and vote of the United States to oppose any loan or other use
of the funds of the respective institution to or for a country for
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 Development Bank,
the Asian Development Bank, the African Development Bank, the
African Development Fund, and the European Bank for Reconstruction
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 enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism, or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (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 waiver takes effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the waiver) 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 section 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 including Major Defense
Equipment (other than helicopters and other types of aircraft having
possible civilian application), if the President determines that there
are compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.
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 insurance companies
have a fair opportunity to bid for 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 Programs 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
Export 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 government or person undertaking any action which is,
if carried out by the United States Government, a United States
official 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 Control Act.
(c) Nothing in this section shall be construed to limit--
(1) the ability of the President, the Vice President, 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 President; or
(3) the ability of an official or employee of the United States
to communicate with any foreign country government, group or
individual, either directly or through a third party, with respect
to the prohibitions of this section including the reasons for such
prohibitions, and the actions, terms, or conditions which might
lead to the removal of the prohibitions of this section.
debt-for-development
Sec. 534. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization 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 Acts or local currencies which
accrue to that organization as a result of economic assistance provided
under the heading ``Agency for International Development'' 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 Assistance Act of 1961
is amended by striking out ``$200,000,000 for stockpiles in Israel for
fiscal year 1994'' and inserting in lieu thereof ``a total of
$200,000,000 for stockpiles in Israel for fiscal years 1994 and 1995,
up to $40,000,000 may be made available for stockpiles in the Republic
of Korea, and up to $10,000,000 may be made available for stockpiles in
Thailand for fiscal year 1995''.
separate accounts
Sec. 536. (a) Separate Accounts for Local Currencies.--(1) If
assistance is furnished to the government 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
Assistance Act of 1961 under agreements which result in the generation
of local currencies of that country, the Administrator 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 government which sets
forth--
(i) the amount of the local currencies to be generated, and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development and
that government to monitor 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 separate 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 chapters 1 or 10 of part I or chapter 4
of part II (as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to subsection
(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 provisos contained under the heading
``Sub-Saharan Africa, Development Assistance'' as included in the
Foreign Operations, Export Financing, and Related Programs
Appropriations 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 (including 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 assistance,
that country shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding 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 Resolution 648 (H.
Report No. 98-1159).
(3) Notification.--At least fifteen days prior to obligating any
such cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of
the Committees on Appropriations, 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 promoted 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 Committees on Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 537. (a) No funds appropriated by this Act may be made as
payment to any international financial institution 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 institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, and the
European Bank for Reconstruction and Development.
Compliance With United Nations Sanctions Against Iraq
Sec. 538. (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 assistance to any country
that is not in compliance with the United Nations Security Council
sanctions against Iraq, Serbia or Montenegro 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 humanitarian
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 effectiveness of the economic
sanctions of the United Nations and the United States imposed with
respect to Iraq, Serbia, or Montenegro, as the case may be and is
consistent with the national interest, the President may prohibit, for
such a period of time as he considers appropriate, the importation into
the United States of any or all products of any foreign country that
has not prohibited--
(1) the importation of products of Iraq, Serbia, or Montenegro
into its customs territory, and
(2) the export of its products to Iraq, Serbia, or Montenegro,
as the case may be.
pow/mia military drawdown
Sec. 539. (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 1995, as may be necessary to carry out subsection (b).
(b) Such defense articles, services and training may be provided to
Vietnam, Cambodia and Laos, under subsection (a) as the President
determines are necessary to support efforts to locate and repatriate
members of the United States Armed Forces and civilians employed
directly or indirectly by the United States Government who remain
unaccounted 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 Department of Defense-sponsored
humanitarian projects associated with the POW/MIA efforts. Any aircraft
shall be provided under this section only to Laos and only on a lease
or loan basis, but may be provided at no cost notwithstanding 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 identifies 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. 540. During fiscal year 1995, the provisions of section 573(e)
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990, shall be applicable, for the period specified
therein, to excess defense articles made available under sections 516
and 519 of the Foreign Assistance Act of 1961.
priority delivery of equipment
Sec. 541. 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 Foreign 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 feasible over the
delivery of such excess defense articles to other countries.
israel drawdown
Sec. 542. Section 599B(a) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (as amended by
Public Law 102-145, as amended, and Public Law 102-391), is further
amended--
(a) by striking out ``fiscal year 1994'' and inserting in lieu
thereof ``fiscal year 1995'';
(b) by striking out ``Appropriations Act, 1994'' and inserting
in lieu thereof ``Appropriations Act, 1995''; and
(c) by striking out ``$700,000,000'' and inserting in lieu
thereof ``$775,000,000''.
cash flow financing
Sec. 543. 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 procurement in
excess of $100,000,000 that is to be financed in whole or in part with
funds made available under this Act shall be submitted through the
regular notification procedures to the Committees on Appropriations.
authorities for the peace corps, the inter-american foundation and
the african development foundation
Sec. 544. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development Foundation
Act. The appropriate agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is prohibited.
impact on jobs in the United States
Sec. 545. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise currently
located in the United States for the purpose of inducing such an
enterprise to relocate outside the United States if such incentive
or inducement is likely to reduce the number of employees 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 processing zone or designated area in
which the tax, tariff, labor, environment, and safety laws of that
country do not apply, in part or in whole, to activities carried
out within that zone or area, unless the President determines and
certifies that such assistance is not likely to cause a loss of
jobs within the United States; or
(c) assistance for any project or activity that contributes to
the violation of internationally recognized 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 commensurate 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. 546. (a) Congress finds as follows:
(1) The United Nations has imposed an embargo 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 equipment and ammunition and the Serbian forces
fighting the government of Bosnia-Hercegovina have more than one
thousand battle tanks, armored vehicles, and artillery pieces.
(3) Because the United Nations arms embargo is serving to
sustain the military advantage of the aggressor, the United Nations
should exempt the government of Bosnia-Hercegovina from its
embargo.
(b) Pursuant to a lifting of the United Nations arms embargo, or to
a unilateral lifting of the arms embargo by the President of the United
States, against Bosnia-Hercegovina, the President is authorized to
transfer, subject to the regular notification procedures of the
Committees on Appropriations, to the government of that nation, without
reimbursement, defense articles from the stocks of the Department of
Defense and defense services of the Department of Defense of an
aggregate value not to exceed $50,000,000 in fiscal year 1995:
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 authority provided in
subsection (b), and every 60 days thereafter, the President shall
report in writing to the Speaker of the House of Representatives and
the President pro tempore of the Senate concerning the articles
transferred and the disposition thereof.
(d) There are authorized to be appropriated to the President such
sums as may be necessary to reimburse the applicable appropriation,
fund, or account for defense articles provided under this section.
special authorities
Sec. 547. (a) Funds appropriated in title II of this Act that are
made available for Haiti, Afghanistan, Lebanon, and Cambodia, and for
victims of war, displaced children, displaced Burmese, humanitarian
assistance for Romania, and humanitarian assistance for the peoples of
Bosnia-Hercegovina, Croatia, and Kosova, may be made available
notwithstanding any other provision of law: Provided, 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 Cooperation
Act of 1985: Provided further, That the President shall terminate
assistance to any country or organization that he determines is
cooperating, tactically or strategically, with the Khmer Rouge in their
military operations.
(b) Funds appropriated by this Act to carry out the provisions of
sections 103 through 106 of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and energy programs aimed at reducing
emissions of greenhouse gases with regard to the key countries in which
deforestation and energy policy would make a significant contribution
to global warming, and for the purpose of supporting biodiversity
conservation activities: Provided, That such assistance shall be
subject to sections 116, 502B, and 620A of the Foreign Assistance Act
of 1961.
(c) During fiscal year 1995, the President may use up to
$50,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding the funding ceiling contained
in subsection (a) of that section.
(d) The Agency for International Development may employ personal
services contractors, notwithstanding any other provision of law, for
the purpose of administering programs for the West Bank and Gaza.
policy on terminating the arab league boycott of israel
Sec. 548. (a) Findings.--The Congress finds that--
(1) since 1948 the Arab countries have maintained 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
compliance with the boycott;
(5) with real progress being made in the Middle East peace
process and the serious confidence-building measures taken by the
State of Israel an end to the Arab boycott of Israel and of
American companies that have commercial ties with Israel is long
overdue and would represent a significant confidence-building
measure; and
(6) in the interest of Middle East peace and free commerce, the
President must take more concrete 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 immediately and publicly
renounce the primary boycott of Israel and the secondary and
tertiary boycott of American firms that have commercial ties with
Israel; and
(2) the President should--
(A) take more concrete steps to encourage vigorously Arab
League countries to renounce publicly the primary boycotts of
Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel as a
confidence-building measure;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and the
secondary and tertiary boycotts of American firms that have
commercial 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 commercial relations with
Israel; and
(D) encourage the allies and trading partners of the United
States to enact laws prohibiting businesses from complying with
the boycott and penalizing businesses that do comply.
ANTI-NARCOTICS ACTIVITIES
Sec. 549. (a) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', assistance may be provided to
strengthen the administration of justice in countries in Latin America
and the Caribbean in accordance with the provisions of section 534 of
the Foreign Assistance Act of 1961, except that programs to enhance
protection of participants in judicial cases may be conducted
notwithstanding section 660 of that Act.
(b) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', notwithstanding section 660 of the Foreign
Assistance Act of 1961, up to $3,000,000 may be made available, subject
to the regular notification procedures of the Committees on
Appropriations, for technical assistance, training, and commodities
with the objective of creating a professional civilian police force for
Panama, and for programs to improve penal institutions and the
rehabiliation of offenders in Panama (which programs may be conducted
other than through multilateral or regional institutions), except that
such technical assistance shall not include more than $1,000,000 for
the procurement of equipment for law enforcement purposes, and shall
not include lethal equipment.
(c) Funds made available pursuant to this section may be made
available notwithstanding the third sentence of section 534(e) of the
Foreign Assistance Act of 1961. Funds made available pursuant to
subsection (a) for Bolivia, Colombia and Peru and subsection (b) 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. 550. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961: Provided, That the
President shall take into consideration, in any case in which a
restriction on assistance would be applicable but for this subsection,
whether assistance in support of programs of nongovernmental
organizations is in the national interest of the United States:
Provided further, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the Pregular notification 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 1995, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under titles I
and II of the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry out title
I of such Act and made available pursuant to this subsection may be
obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(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 Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to countries that violate internationally recognized human rights.
EARMARKS
Sec. 551. (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 operation 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 significantly reduced its military or economic
cooperation with the United States since enactment of the Foreign
Operations, Export Financing, and Related Programs Appropriations 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 economic cooperation with the United States,
the President shall consult with, and shall provide a written policy
justification to the Committees on Appropriations: Provided, That any
such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the Agency for International Development that are
earmarked for particular programs or activities by this or any other
Act shall be extended for an additional fiscal year if the
Administrator 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 circumstances makes it unlikely that
such earmarked funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such earmark.
CEILINGS AND EARMARKS
Sec. 552. 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. 553. (a) The authority of section 519 of the Foreign
Assistance Act of 1961, as amended, may be used in fiscal year 1995 to
provide nonlethal excess defense articles to countries for which United
States foreign assistance has been requested and for which receipt of
such articles was separately justified for the fiscal year, without
regard to the restrictions in subsection (a) of section 519.
(b) The authority of section 518 of the Foreign Assistance Act of
1961 may be exercised notwithstanding any other provision of law.
(c) The authority of section 516 of the Foreign Assistance Act of
1961, as amended, may be used in fiscal year 1995 to provide defense
articles to Jordan, except that the provision of such defense articles
shall be subject to section 538 of this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 554. 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. 555. (a) Except to the extent that the Administrator of the
Agency for International Development 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 individuals 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 students are Hispanic American, and
(4) private voluntary organizations which are controlled by
individuals who are socially and economically disadvantaged.
(b)(1) In addition to other actions taken to carry out this
section, the actions described in paragraphs (2) through (5) shall be
taken with respect to development assistance and assistance for sub-
Saharan Africa for the current fiscal year.
(2) Notwithstanding any other provision of law, in order to achieve
the goals of this section, the Administrator--
(A) to the maximum extent practicable, shall utilize the
authority of section 8(a) of the Small Business 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 contained 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 justifications and
approvals that, in the Administrator'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 requiring that no less than
10 per centum of the dollar value of the contract be subcontracted
to entities described in subsection (a), except--
(i) to the extent the Administrator determines 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 attached 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 Utilization at least seven business days before
advertising a contract 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 performance
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 annual 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, subcontracts, grants, and cooperative agreements awarded to
entities described in subsection (a) during the preceding fiscal year.
(c) As used in this section, the term ``socially and economically
disadvantaged individuals'' has the same meaning that term is given for
purposes of section 8(d) of the Small Business Act, except that the
term includes women.
USE OF AMERICAN RESOURCES
Sec. 556. To the maximum extent possible, assistance provided under
this Act should make full use of American resources, including
commodities, products, and services.
limitations on assistance for nicaragua
Sec. 557. (a) Funds appropriated by this Act under the heading
``Economic Support Fund'' may only be made available to the Government
of Nicaragua upon the notification, in writing, by the Secretary of
State to the appropriate committees that he has determined that
significant and tangible progress is being made by the Government of
Nicaragua toward--
(1) the prosecution of any individual identified as part of a
terrorist/kidnapping ring by the investigation of issues raised by
the discovery, after the May 23, 1993, explosion in Managua, of
weapons caches, false passports, identity papers and other
documents, suggesting the existence of such a ring, including all
government officials (including any members of the armed forces or
security forces);
(2) the resolution of expropriation claims and the effective
compensation of legitimate claims;
(3) the timely implementation of recommendations made by the
Tripartite Commission as it undertakes to review and identify those
responsible for gross human rights violations, including the
expeditious prosecution of individuals identified by the commission
in connection with such violations;
(4) the enactment into law of legislation to reform the
Nicaraguan military and security forces in order to guarantee
civilian control over the armed forces;
(5) the establishment of civilian control over the police, and
the independence of the police from the military; and
(6) the effective reform of the Nicaraguan judicial system.
(b) The notification pursuant to subsection (a) above shall include
a detailed listing of the tangible evidence that forms the basis for
such determination.
(c) For purposes of this section, the term ``appropriate com-
Pmittees'' means the Committees on Foreign Relations and Appropriations
of the Senate and Committees on Foreign Affairs and Appropriations of
the House of Representatives.
prohibition of payments to united nations members
Sec. 558. 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. 559. 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 expenditures 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. 560. 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 auditing requirements of the Agency for
International Development, nor shall any of the funds appropriated by
this Act be made available to any private voluntary organization which
is not registered with the Agency for International Development.
special debt relief for the poorest
Sec. 561. (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; or
(2) credits extended or guarantees issued under the Arms Export
Control Act.
(b) Limitations.--
(1) The authority provided by subsection (a) may be exercised
only to implement multilateral official debt relief and referendum
agreements, commonly referred to as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be exercised
only in such amounts or to such extent as is provided in advance by
appropriations Acts.
(3) The authority provided by subsection (a) 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
Development, commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does not
engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the application
of section 527 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act
under the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
purposes of any provision of law limiting assistance to a country. The
authority provided by subsection (a) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961.
guarantees
Sec. 562. Section 251(b)(2)(G) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking ``1994'' and
inserting in lieu thereof ``1994 and 1995'' in both places that this
appears.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
Sec. 563. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes of section 40(d) of the Arms Export Control Act. The
prohibition under this section with respect to a foreign government
shall terminate 12 months after that government ceases to provide such
military equipment. This section applies with respect to lethal
military equipment provided under a contract entered into after the
date of enactment of this Act.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of
the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional committees a
report with respect to the furnishing of such assistance. Any such
report shall include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States national
interests.
withholding of assistance for parking fines owed by foreign countries
Sec. 564. (a) In General.--Of the funds made available for a
foreign country under part I of the Foreign Assistance Act of 1961, an
amount equivalent to 110 percent of the total unpaid fully adjudicated
parking fines and penalties owed to the District of Columbia by such
country as of the date of enactment of this Act shall be withheld from
obligation for such country until the Secretary of State certifies and
reports in writing to the appropriate congressional committees that
such fines and penalties are fully paid to the government of the
District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on Foreign Affairs and the Committee on Appropriations of the
House of Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 565. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza unless the President has exercised the authority
under section 583(a) of the Middle East Peace Facilitation Act of 1994
(part E of title V of Public Law 103-236) or any other legislation to
suspend or make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided, That if the
President fails to make the certification under section 583(b)(2) of
the Middle East Peace Facilitation Act or to suspend the prohibition
under other legislation, funds appropriated by this Act may not be
obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza.
facilitate peace in the middle east
Sec. 565A. Additional Congressional Expectation.--Section 583(b)(5)
of the Middle East Peace Facilitation Act is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) amending its National Covenant to eliminate all
references calling for the destruction of Israel.''.
procurement reduction
Sec. 566. (a) Of the budgetary resources available to the Agency
for International Development during fiscal year 1995, $1,598,000 are
permanently canceled.
(b) The Administrator of the Agency for International Development
shall allocate the amount of budgetary resources canceled among the
Agency's accounts available for procurement and procurement-related
expenses. Amounts available for procurement and procurement-related
expenses in each such account shall be reduced by the amount allocated
to such account.
(c) For the purposes of this section, the definition of
``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in section 403(a)(2) of title 41, United States
Code.
implementation of world bank recommendations
Sec. 567. (a) Funds appropriated by title I of this Act under the
headings ``Contribution to the International Bank for Reconstruction
and Development'' and ``Contribution to the International Development
Association'' shall be available for payment to such institutions as
follows:
(1) Fifty percent of the funds appropriated under each such
heading shall be made available prior to April 1, 1995. Fifty
percent of the funds appropriated under each such heading shall be
made available on April 1, 1995, or thereafter, only if the
Secretary of the Treasury makes the determinations (and so reports
to the Committees on Appropriations) described in paragraph (2) of
this subsection at any time on or after that date.
(2) The determinations referred to in paragraph (1) are
determinations that the International Bank for Reconstruction and
Development is--
(A) implementing the recommendations contained in ``Next
Steps'', the follow-up to the Wapenhans Report;
(B) implementing the action plan contained in chapter 8 of
its April 8, 1994, resettlement review entitled ``Resettlement
and Development''; and
(C) implementing the Bank's procedures on Disclosure of
Operational Information issued in September 1993.
(b) Funds appropriated by title I of this Act under the heading
``Contribution to the International Finance Corporation'' shall be
available for payment to such institution as follows:
(1) Fifty percent of the funds appropriated under such heading
shall be made available prior to April 1, 1995. Fifty percent of
the funds appropriated under such heading shall be made available
on or after April 1, 1995, only if the Secretary of the Treasury
makes the determination (and so reports to the Committees on
Appropriations) described in paragraph (2) of this subsection.
(2) The determination referred to in paragraph (1) is a
determination that the International Finance Corporation is
pursuing reforms comparable to those adopted by the International
Bank for Reconstruction and Development regarding the environment,
information disclosure, and resettlement.
purchase of american-made equipment and products
Sec. 568. (a) Sense of Congress.--It is the sense of the Congress
that, to the greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be American-
made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency shall provide, to the
greatest extent practicable, to such entity notice consistent with
subsection (a) and section 604(a) of the Foreign Assistance Act of
1961.
west bank and gaza economic development fund
Sec. 569. Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 should be made
available to support the creation and expansion of small and medium-
sized businesses, including agricultural enterprises, in the West Bank
and Gaza. All or any part of such funds may be used for the subsidy
cost of direct loans and loan guarantees as defined in section 502 of
the Congressional Budget Act of 1974. Funds made available under this
heading shall be subject to the regular notification procedures of the
Committees on Appropriations.
agricultural aid to the new independent states of the former soviet
union
Sec. 570. Of the funds appropriated by title II of this Act under
the heading ``Assistance for the New Independent States of the Former
Soviet Union'' up to $50,000,000 should 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 assistance 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 governments of the new
independent states and nongovernmental 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 section, and to support agricultural and rural
development activities.
export financing transfer authorities
Sec. 571. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 1995 for
programs under title IV of this Act may be transferred between such
appropriations for use for any of the purposes, programs and activities
for which the funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That $12,000,000 shall be immediately transferred from funds
available to the Export-Import Bank for fiscal year 1994 to the
Overseas Private Investment Corporation, and $1,000,000 shall be
immediately transferred from funds available to the Export-Import Bank
for fiscal year 1994 to the Trade and Development Agency: Provided
further, That the provisions of the previous proviso shall be effective
on the date of enactment of this Act.
incae
Sec. 572. The Government of Nicaragua may assume the obligation of
the Central American Institute of Business Administration (INCAE) to
make payment to the United States under a loan made to INCAE pursuant
to an Alliance for Progress Loan Agreement dated April 25, 1972:
Provided, That such payment shall be for the cost, as defined in
section 13201 of the Budget Enforcement Act of 1990, of such obligation
and shall relieve INCAE of any further liability to the United States
for payment of interest and principal under such loan notwithstanding
section 620(r) of the Foreign Assistance Act of 1961.
mongolia
Sec. 573. Section 620(f) of the Foreign Assistance Act of 1961 is
amended by striking ``Mongolian People's Republic.'' from the list
contained therein.
report on compliance with commitments
Sec. 574. Section 804(b) of title VIII of Public Law 101-246 (PLO
Commitments Compliance Act of 1989) is amended--
(1) in paragraph (9) by striking ``; and'' and inserting in
lieu thereof ``;'';
(2) by striking the period at the end of paragraph (10) and
inserting in lieu thereof ``; and''; and
(3) by adding the following new paragraph:
``(11) measures taken by the PLO to prevent acts of terrorism,
crime and hostilities and to legally punish offenders, as called
for in the Gaza-Jericho agreement of May 4, 1994.''.
war crimes tribunals
Sec. 575. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the authority of section 552(c) of
the Foreign Assistance 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 established with regard to the former Yugoslavia by the
United Nations Security Council or such other tribunals or commissions
as the Council may establish to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall be
in lieu of any determinations otherwise required under section 552(c):
Provided further, That 60 days after the date of enactment of this Act,
and every 180 days thereafter, the Secretary of State shall submit a
report to the Committees on Appropriations describing the steps the
United States Government is taking to collect information regarding
allegations of genocide or other violations of Pinternational law in
the former Yugoslavia and to furnish that information to the United
Nations War Crimes Tribunal for the former Yugoslavia.
DONATION OF SURPLUS AGRICULTURAL COMMODITIES TO POLAND
Sec. 576. (a) Extension of Authorization.--Section 2223(a) of the
American Aid to Poland Act of 1988 (7 U.S.C. 1431 note) is amended by--
(1) inserting ``if the Secretary of Agriculture determines for
each fiscal year that (1) a donation under this section would not
limit the Secretary's ability to meet urgent humanitarian needs for
agricultural commodities, and (2) such donation would not cause a
reduction in the price of the same or similar agricultural
commodities produced in Poland'' after ``Notwithstanding any other
provision of law,''; and
(2) striking ``1988 through 1992'' and inserting in lieu
thereof ``1995 through 1999''.
(b) Definition of Eligible Commodities.--Section 2223(b)(1) of that
Act is amended by inserting ``, soybeans, and soybean products'' after
``feed grains''.
(c) Eligible Activities.--Section 416(b)(7)(D)(ii) of the
Agricultural Act of 1949 (7 U.S.C. 1431(b)(7)(D)(ii)) is amended in the
third sentence--
(1) by striking ``and'' at the end of subclause (II);
(2) by striking the period at the end and inserting ``; and'';
and
(3) by adding at the end the following new subclause:
``(IV) the Polish Catholic Episcopate's Rural Water Supply
Foundation.''.
(d) Effective Date.--The amendments made by this section shall take
effect October 1, 1994.
nonlethal excess defense articles
Sec. 577. Notwithstanding section 519(f) of the Foreign Assistance
Act of 1961, during fiscal year 1995, funds available to the Department
of Defense may be expended for crating, packing, handling and
transportation of nonlethal excess defense articles transferred under
the authority of section 519 to Albania.
landmines
Sec. 578. Notwithstanding any other provision of law, demining
equipment available to any department or agency and used in support of
the clearing of landmines for humanitarian purposes may be disposed of
on a grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe.
PROHIBITION ON PAYMENT OF CERTAIN EXPENSES
Sec. 579. None of the funds appropriated or otherwise made
available by this Act under the heading ``international military
education and training'' or ``foreign military financing program'' for
Informational Program activities may be obligated or expended to pay
for--
(1) alcoholic beverages;
(2) food (other than food provided at a military installation)
not provided in conjunction with Informational Program trips where
students do not stay at a military installation; or
(3) entertainment expenses for activities that are
substantially of a recreational character, including entrance fees
at sporting events and amusement parks.
EMERGENCY PROJECTS IN BOSNIA AND HERZEGOVINA
Sec. 580. Of the funds appropriated by this Act, not less than
$10,000,000 should be available only for emergency winterization and
rehabilitation projects and for the reestablishment of essential
services in Bosnia and Herzegovina.
HUMANITARIAN ASSISTANCE FOR BOSNIA AND HERZEGOVINA
Sec. 581. Of the funds appropriated by this Act, not less than
$5,000,000 should be available only for medical equipment, medical
supplies, and medicine to Bosnia and Herzegovina, and for the repair
and reconstruction of hospitals, clinics, and medical facilities in
Bosnia and Herzegovina.
Indonesia
Sec. 582. The United States shall continue to refrain from selling
or licensing for export to the Government of Indonesia defense articles
such as small or light arms and crowd control items until the Secretary
of State determines and reports to the Committees on Appropriations
that there has been significant progress made on human rights in East
Timor and elsewhere in Indonesia, including in such areas as--
(1) complying with the recommendations in the United Nations
Special Rapporteur's January 1992 report and the March 1993
recommendations of the United Nations Human Rights Commission;
(2) significantly reducing Indonesia's troop presence in East
Timor; and
(3) participating constructively in the United Nations
Secretary General's efforts to resolve the status of East Timor.
report on the salaries and benefits of the imf and the world bank
Sec. 583. The Comptroller General shall submit a report to the
Committees on Appropriations on the following--
(1) a review of the existing salaries and benefits of employees
of the International Monetary Fund and the International Bank for
Reconstruction and Development; and
(2) a review of all benefits paid to dependents of Fund and
Bank employees.
Such report shall include a comparison of the salaries and benefits
paid to employees and dependents of the Fund and the Bank with salaries
and benefits paid to employees holding comparable positions in the
public and private sectors in member countries and in the international
sector.
baltic troop withdrawal
Sec. 584. (a) Prohibition.--None of the funds appropriated or
otherwise made available by this Act (other than funds to carry out
humanitarian assistance) may be available in any fiscal year for Russia
unless the President has certified to the Congress not more than six
months in advance of the obligation or expenditure of such funds that
the Government of Russia and the Governments of Latvia and Estonia have
established a timetable for the withdrawal of the armed forces of
Russia and the Commonwealth of Independent States, and all parties are
complying with such timetable.
(b) Subsection (a) does not apply if the President determines that
the provision of funds to the Government of Russia is in the national
security interest of the United States.
restrictions concerning the Palestinian authority
Sec. 585. (a) None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new office
of any department or agency of the United States Government for the
purpose of conducting official United States Government business with
the Palestinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO Declaration
of Principles: Provided, That this subsection shall not apply to the
acquisition of additional space for the existing Consulate General in
Jerusalem.
(b) Meetings between officers and employees of the United States
and officials of the Palestinian Authority, or any successor
Palestinian governing entity provided for in the Israel-PLO Declaration
of Principles, for the purpose of conducting official United States
Government business with such authority should continue to take place
in locations other than Jerusalem. As has been true in the past,
officers and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians (including those
who now occupy positions in the Palestinian Authority), have social
contacts, and have incidental discussions.
report on biological and chemical weapons
Sec. 586. The President shall report to the Committees on
Appropriations, not later than January 30, 1995, on whether or not
Russia has demonstrated a commitment to comply with the Convention on
the Prohibition of the Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and, upon Russian
ratification and entry into force, the Convention on the Prohibition of
the Development, Production, Stockpiling and Use of Chemical Weapons
and on Their Destruction, and the Wyoming ``Memorandum of Understanding
Regarding a Bilateral Verification Experiment and Data Exchange Related
to Prohibition of Chemical Weapons''.
Titles I through V may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1995''.
TITLE VI--FISCAL YEAR 1994 SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1994, and for other purposes, namely:
funds appropriated to the president
debt relief for jordan
(a) Authority To Reduce Debt.--
(1) Authority.--For fiscal year 1994 and thereafter, the
President is authorized to reduce or cancel amounts owed to the
United States or any agency of the United States by the Hashemite
Kingdom of Jordan as a result of loans originally made or credits
originally extended by the United States or any agency of the
United States before January 1, 1994.
(2) Appropriations requirement.--The authority provided by this
section may be exercised only in such amounts or to such extent as
is provided in advance by appropriations Acts.
(3) Certain prohibitions inapplicable.--The authority of this
section may be exercised notwithstanding section 620(r) of the
Foreign Assistance Act of 1961, as amended, section 321 of the
International Development and Food Assistance Act of 1975, or
similar provisions of law. In addition, a reduction of debt
pursuant to this section shall not be considered assistance for
purposes of any provision of law limiting assistance to a country.
(b) Appropriations.--
(1) Appropriations.--For the cost of modifying direct loans, as
defined in section 502 of the Congressional Budget Act of 1974, for
Jordan, in accordance with the authority contained in this section,
$99,000,000 is appropriated, to remain available until September
30, 1994.
(2) Fiscal year 1994.--For fiscal year 1994--
(A) funds appropriated under this section may be used only
for the cost of modifying direct loans entered into under
programs administered by the Agency for International
Development; and
(B) such funds may be used to reduce or cancel not to
exceed $220,000,000 of the amounts owed pursuant to such loans.
Agency for International Development
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$20,000,000, to remain available until expended, for international
disaster relief, rehabilitation, and reconstruction assistance pursuant
to section 491 of the Foreign Assistance Act of 1961, as amended:
Provided, That funds appropriated under this heading may be made
available notwithstanding section 10 of Public Law 91-672: Provided
further, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Department of State
united states emergency refugee and migration assistance fund
For an additional amount for ``United States Emergency Refugee and
Migration Assistance Fund'', $30,000,000: Provided, That such funds may
be made available to respond to the current Rwandan refugee crisis if
the President determines that it is in the national interest to do so:
Provided further, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
This title may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Supplemental Appropriations Act,
1994''.
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.