2000
H.R.2295
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 1994, and
making supplemental appropriations for such programs for the fiscal year
ending September 30, 1993, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for foreign operations, export financing, and related
programs for the fiscal year ending September 30, 1994, and for other
purposes, namely:
TITLE I--MULTILATERAL 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, $55,821,000, to remain available until
expended: Provided, That one quarter of such funds may be obligated only
after April 1, 1994: Provided further, That one quarter of such funds
may be obligated only after September 1, 1994: Provided further, That
not more than twenty-one days prior to the obligation of each 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, 1993, or the President of the United States certifies that
withholding of these funds is contrary to the national interest of the
United States.
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
contribution to the Global Environment Facility (GEF), $30,000,000, to
remain available until expended: Provided, That such funds shall be made
available to the Facility by the Secretary of the Treasury if the
Secretary determines (and so reports to the Committees on
Appropriations) that the Facility implementing agencies have: (1)
established clear procedures ensuring public availability of documentary
information on all Facility projects and associated projects of the
Facility implementing agencies; and (2) have developed or are in the
process of developing clear procedures ensuring that affected peoples in
recipient countries are consulted on all aspects of identification,
preparation, and implementation of Facility projects and associated
projects of the Facility implementing agencies: Provided further, That
in the event the Secretary of the Treasury has not made such
determinations by September 30, 1994, funds appropriated under this
heading for the GEF shall be transferred to the Agency for International
Development and used for activities associated with the GEF and the
Global Warming Initiative.
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 $1,804,879,000:
Provided, That the Secretary of the Treasury shall instruct the United
States Executive Director to each of the international financial
institutions (IFIs) to use the voice and vote of the United States to
urge that each of the IFIs establish an independent entity appointed by
and reporting to the executive board, with the authority and functions
of an inspector general: Provided further, That on or before March 31,
1994, the Secretary of the Treasury shall submit a report to the
Committees on Appropriations on the progress being made towards
establishing such entities: Provided further, That the Secretary of the
Treasury shall consult and work with appropriate international fora to
establish an independent commission to review the operations and
management structure of the IFIs: Provided further, That the commission,
which should be funded from the budgets of the IFIs, would be comprised
of members of various nationalities who are familiar with the management
and operations of the IFIs: Provided further, That on or before March
31, 1994, the Secretary of the Treasury shall submit a report to the
Committees on Appropriations on the progress being made towards
establishing the commission.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by the
Secretary of the Treasury, $1,024,332,000, 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, $35,761,500, 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 1994.
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, $56,166,000, and for the United States
share of the increases in the resources of the Fund for Special
Operations, $20,164,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $2,190,283,457.
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 bank
For payment to the Asian 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, $13,026,366, to remain available until
expended: Provided, That funds appropriated under this heading are
available subject to receipt by the Congress of the President's budget
request for such funds.
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), $62,500,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of increases in the capital stock in an
amount not to exceed $95,438,437: Provided, That the authority provided
under this heading is available subject to receipt by the Congress of
the President's budget request for such authority.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For payment to the African Development Fund by the Sec
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retary of the
Treasury, $135,000,000, for the United States contribution to the sixth
replenishment of the African Development Fund, to remain available until
expended.
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, $360,628,000:
Provided, That none of the funds appropriated under this heading shall
be made available for the following: the United Nations Fund for Science
and Technology, the G-7 Nuclear Safety Fund, the OECD Center for
Cooperation with European Economies in Transition, and United Nations
Electoral Assistance activities: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of State
determines (and so reports to the Congress) that Israel is not being
denied its right to participate in the activities of that Agency:
Provided further, That of the funds appropriated under this heading that
are made available for the United Nations Children's Fund (UNICEF), 75
per centum (less amounts withheld consistent with section 307 of the
Foreign Assistance Act of 1961 and section 516 of this Act) shall be
obligated and expended no later than thirty days after the date of
enactment of this Act and 25 per centum of which shall be expended
within thirty days from the start of UNICEF's fourth quarter of
operations for 1994: 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
$40,000,000 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, 1994, and that no
later than February 15, 1994, 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 1994: Provided
further, That any amount UNFPA plans to spend in the People's Republic
of China in 1994 above $10,000,000, shall be deducted from the amount of
funds provided to UNFPA after March 1, 1994: 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, 1994, 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, $811,900,000, to
remain available until September 30, 1995.
POPULATION, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of section
104(b), $392,000,000, to remain available until September 30, 1995:
Provided, That none of the funds made available in this Act nor any
unobligated balances from prior appropriations may be made available to
any organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided further,
That none of 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 nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
under section 104 of the Foreign Assistance Act of 1961.
development fund for africa
For necessary expenses to carry out the provisions of chapter 10 of
part I of the Foreign Assistance Act of 1961, $784,000,000, to remain
available until September 30, 1995: Provided, That none of the funds
appropriated by this Act to carry out chapters 1 and 10 of part I of the
Foreign Assistance Act of 1961 shall be transferred to the Government of
Zaire: Provided further, That funds 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, $145,985,000 to remain
available until expended.
micro and small enterprise development program account
For the cost of direct loans and loan guarantees, $1,000,000, 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 these funds
are available to subsidize gross obligations for the principal amount of
direct loans and total loan principal, any part of which is to be
guaranteed, not to exceed $25,000,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $44,151,000.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions of section 667,
$501,760,000: Provided, That none of the funds appropriated by title II
of this Act may be obligated after March 31, 1994 unless the
Administration has acted to implement those recommendations of the
Report of the National Performance Review which can be accomplished
without legislation and has submitted the necessary package of proposed
legislation to accomplish the following remaining recommendations:
(1) reform of foreign assistance programs and rewriting of the
Foreign Assistance Act of 1961,
(2) reform of the personnel systems of the Agency for
Inte
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rnational Development aimed at integrating the multiple
personnel systems and reviewing benefits under each system,
(3) lifting of some current Agency personnel restrictions and
giving managers authority to manage staff resources more efficiently
and effectively,
(4) reengineering of project and program management processes to
emphasize innovation, flexibility, beneficiary participation, pilot
and experimental programs, incentive systems linked to project and
program performance, processes for continuing critical review and
evaluation, and improved coordination systems with other donors, and
(5) a planned reduction of a specific number of Agency missions
during the next three years, of which at least twelve shall be
terminated during the first year.
For additional expenses only to carry out the provisions of section
667 related to termination or phasing down of overseas missions of the
Agency for International Development and related to improving the
information and financial management systems and customer service of the
Agency for International Development as recommended by the Report of the
National Performance Review, $3,000,000 to remain available until
expended: Provided, That funds appropriated by this paragraph may be
made available notwithstanding any other provision of law, shall not be
transferred or utilized for any other purpose, and shall be in addition
to amounts otherwise available for such purposes.
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.
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, $16,078,000: Provided,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $110,000,000: Provided
further, That these funds are available to subsidize loan principal, 100
percent of which shall be guaranteed, pursuant to the authority of such
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, $8,239,000, 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.
debt restructuring
For the cost, as defined in section 13201 of the Budget Enforce-
ment Act of 1990, of modifying direct loans and loan guaran- tees, as
the President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, $7,000,000, to remain available until expended.
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,364,562,000, to remain available until September 30, 1995:
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, 1993,
whichever is later: Provided further, That not less than $815,000,000
shall be available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance may be provided,
with the understanding that Egypt will undertake 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 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: 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 funds
appropriated under this heading shall remain available until September
30, 1995.
international fund for ireland
For necessary expenses to carry out the provisions of part I of the
Foreign Assistance Act of 1961, 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, $390,000,000, 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 Enterpri
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se 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
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, $603,820,000, 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.
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 section 505(a)(2)
of the African Development Foundation Act, in exceptional circumstances
the board of directors of the Foundation may waive the dollar limitation
contained in that section with respect to a project: Provided further,
That the Foundation shall provide a report to the Committees on
Appropriations after each time such waiver authority is exercised.
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.
OVERSEAS PRIVATE INVESTMENT CORPORATION
program account
For the subsidy cost as defined in section 13201 of the Budget
Enforcement Act of 1990, of direct and guaranteed loans authorized by
section 234 of the Foreign Assistance Act of 1961, as follows: cost of
direct and guaranteed loans, $9,065,000. In addition, for administrative
expenses to carry out the direct and guaranteed loan programs,
$7,518,000: Provided, That the funds provided in this paragraph shall be
available for and apply to costs, direct loan obligations and loan
guaranty commitments incurred or made during the period from October 1,
1993 through September 30, 1995: Provided further, That such sums are to
remain available through fiscal year 2002 for the disbursement of direct
and guaranteed loans obligated in fiscal year 1994, and through 2003 for
the disbursement of direct and guaranteed loans obligated in fiscal year
1995.
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such noncredit expenditures and commitments within the limits of
funds available to it and in accordance with law (including an amount
for official reception and representation expenses which shall not
exceed $35,000) as may be necessary.
PEACE CORPS
For expenses necessary to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $219,745,000, 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, 1995: Provided further, That not to
exceed $3,000,000 from amounts appropriated under this heading may be
transferred to the ``Foreign Currency Fluctuations, Peace Corps,
Account'', as authorized by section 16 of the Peace Corps Act, as
amended.
Department of State
INTERNATIONAL NARCOTICS CONTROL
For necessary expenses to carry out the provisions of section 481 of
the Foreign Assistance Act of 1961, $100,000,000: Provided, That during
fiscal year 1994, the Bureau of International Narcotics Matters of 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; $670,688,000: Provided, That not less than $80,000,000 shall be
available for Soviet, Eastern European and other refugees resettling in
Israel: Provided further, 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.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 260(c)), $49,261,000, to remain available until expended:
Provided, That the funds 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.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $21,250,000: Provided, That up to
$300,000 of the funds appropriated under this heading may be made
available for grant financed military education and training for any
country whose annual per capita GNP exceeds $2,349 on the condition that
that country agrees to fund from its own resources
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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: Provided further, That none of the funds appropriated under
this heading shall be available for Indonesia and Zaire.
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,
$3,149,279,000: 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, 1993, 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, $46,530,000: Provided,
That these funds are available to subsidize gross obligations for the
principal amount of direct loans of not to exceed $769,500,000: Provided
further, That the rate of interest charged on such loans shall be not
less than the current average market yield on outstanding marketable
obligations of the United States of comparable maturities: Provided
further, That funds appropriated under this heading shall be made
available for Greece, Portugal, and Turkey only on a loan basis, and the
principal amount of direct loans for each country shall not exceed the
following: $283,500,000 only for Greece, $81,000,000 only for Portugal,
and $405,000,000 only for Turkey.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction 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, Peru, and Malawi:
Provided further, That not more than $100,000,000 of the funds made
available under this heading shall be available for use in financing the
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
$23,558,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales: Provided further, That not more than $290,000,000 of funds
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 the fiscal year 1994 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 section 51 of the Arms Export Control Act,
collections in excess of obligational authority provided in prior
appropriations Acts shall be deposited in the Treasury as miscellaneous
receipts: Provided, That notwithstanding any provision of Public Law
102-391, not to exceed $160,000,000 of the obligational authority
provided in that Act under the heading ``Special Defense Acquisition
Fund'' may be obligated pursuant to section 51(c)(2) of the Arms Export
Control Act.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $75,623,000.
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 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 limit
2000
s 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, $1,000,000,000 to remain available until September 30,
1995: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such sums shall remain available
until 2009 for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 1994 and 1995:
Provided further, That up to $50,000,000 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,
$45,369,000: 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.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $40,000,000.
TITLE V--GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
Sec. 501. Except for the appropriations entitled ``International
Disaster Assistance'', and ``United States Emergency Refugee and
Migration Assistance Fund'', not more than 15 per centum of any
appropriation item made 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, the Socialist
Republic of Vietnam, 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
2000
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,
1994, whichever is later, and for the same general purpose, and for
countries within the same region as originally obligated: Provided, That
the Appropriations Committees of both Houses of the 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.
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 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 Supp
2000
ort 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'', ``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
for any programs for the Palestine Liberation Organization (or for
projects whose purpose is to provide benefits to the Palestine
Liberation Organization or entities associated with it), Libya, Iran,
or, at the discretion of the President, Communist countries listed in
section 620(f) of the 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, 1995.
(b) The United States shall not make any voluntary or assessed
contribution--
(1) to any affiliated organization of the United Nations which
grants full membership as a state to 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.
(c) Subsection (a) shall cease to have effect during fiscal year
1994 with respect to the Palestine Liberation Organization (P.L.O.),
programs for the P.L.O., and programs for the benefit of entities
associated with it which accept the commitments made by the P.L.O. on
September 9, 1993 if the President determines and notifies Congress that
to do so is in the national interest: Provided, That subsection (a)
shall resume full force and effect if at any time during fiscal 1994 the
President determines and so notifies Congress that the P.L.O. has ceased
to comply with the commitments it made on September 9, 1993, or the
Congress, by joint resolution, determines that the P.L.O. has ceased to
comply with the commitments it made on September 9, 1993.
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL
Sec. 517. The Congress finds that progress on the peace process in
the Middle East is vitally important to United States security interests
in the region. The 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 to Population, Development Assistance
and to the need for informed 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 Afghanistan, Cambodia, Colombia, El Salvador,
Guatemala, Haiti, Indonesia, Jordan, Liberia, Ma
2000
lawi, Nicaragua, Peru,
Sudan, Togo, 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 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, the Socialist Republic
of Vietnam, Iran, Syria, North Korea, People's Republic of China, or
Laos unless the President of the United States certifies that the
withholding of these funds is contrary to the national interest of the
United States.
RECIPROCAL LEASING
Sec. 524. Section 61(a) of the Arms Export Control Act is amended by
striking out ``1993'' and inserting in lieu thereof ``1994''.
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. Funds appropriated by Title I through V of 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:
Provided, That the Secretary of the Treasury is authorized to agree on
behalf of the United States to participate in the tenth replenishment of
the resources of the International Development Association, the fifth
replenishment of the Asian Development Fund, and the replenishment of
the permanent Global Environment Facility, subject to obtaining the
necessary appropriations: Provided further, That pursuant to the tenth
replenishment of the resources of the International Development
Association, $2,500,000,000 is authorized to be appropriated.
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 take
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s 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 marine insurance companies
have a fair opportunity to bid for marine insurance when such insurance
is necessary or appropriate.
stingers in the persian gulf region
Sec. 532. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related 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 ``$389,000,000 for fiscal year 1993, of which
amount not less than $200,000,000 shall be available for stockpiles in
Israel, and up to $189,000,000 may be available for stockpiles in the
Republic of Korea'' and inserting in lieu thereof ``$200,000,000 for
stockpiles in Israel for fiscal year 1994'', up to $72,000,000 may be
made available for stockpiles in the Republic of Korea, and up to
$20,000,000 may be made available for stockpiles in Thailand.
assistance for pakistan
Sec. 536. (a) The date specified in section 620E(d) of the Foreign
Assistance Act of 1961 is amended to read as follows: ``September 30,
1994''.
(b) None of the funds appropriated in this Act shall be obligated or
expended for Pakistan except as provided through the regular
notification procedures of the Committees on Appropriations.
separate accounts
Sec. 537. (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
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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. 538. (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. 539. (a) Denial of Assistance.--None of the funds appropriated
or otherwise made available pursuant to this Act to carry out the
Foreign Assistance Act of 1961 (including title IV of chapter 2 of part
I, relating to the Overseas Private Investment Corporation) or the Arms
Export Control Act may be used to provide assistance to any country that
is not in compliance with the United Nations Security Council sanctions
against Iraq unless the President determines and so certifies to the
Congress that--
(1) such assistance is in the national interest of the United
States;
(2) such assistance will directly benefit the needy people in
that country; or
(3) the assistance to be provided will be 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,
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 into its customs
territory, and
(2) the export of its products to Iraq.
pow/mia military drawdown
Sec. 540. (a) Notwithstanding any other provision of law, the
President may direct the drawdown, without reimbursement by the
recipient, of defense articles from the stocks of the Department of
Defense, defense services of the Department of Defense, and military
education and training, of an aggregate value not to exceed $15,000,000
in fiscal year 1994, as may be necessary to carry out subsection (b).
(b) Such defense articles, services and training may be provided to
Cambodia and Laos, under subsection (a) as the President determines are
necessary to support 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. 541. During fiscal year 1994, 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. 542. Notwithstanding any other provision of law, the delivery
of excess defense articles that are to be transferred on a grant basis
under section 516 of the 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. 543. 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 1993'' and inserting in lieu
thereof ``fiscal year 1994''; and
(b) by striking out ``Appropriations Act, 1993'' and inserting
in lieu thereof ``Appropriations Act, 1994''.
cash flow financing
Sec. 544. For each country that has been approved for cash flow
financing (as defined in section 25(d) of the Arms Export Control Act,
as added by section 112(b) of Public Law 99-83) under the Foreign
Military Financing Program, any Letter of Offer and Acceptance or other
purchase agreement, or any amendment thereto, for a 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.
rescissions
Sec. 545. (a) Of the unexpended balances of funds (including
earmarked funds) made available for fiscal years 1987 through 1993 to
carry out the provi
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sions of chapter 4 of part II of the Foreign
Assistance Act of 1961, $203,000,000 are rescinded.
(b) Of the unexpended balances of funds (including earmarked funds)
appropriated for fiscal year 1993 and prior fiscal years to carry out
the provisions of sections 103 through 106 of the Foreign Assistance Act
of 1961, $5,100,000 are rescinded.
authorities for the peace corps, the inter-american foundation and the
african development foundation
Sec. 546. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making 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. 547. 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. 548. (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; and
(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 against
Bosnia-Hercegovina, the President is authorized to transfer to the
government of that nation, without reimbursement, defense articles from
the stocks of the Department of Defense of an aggregate value not to
exceed $50,000,000 in fiscal year 1994: Provided, That the President
certifies in a timely fashion to the Congress that--
(1) the transfer of such articles would assist that nation in
self-defense and thereby promote the security and stability of the
region; and
(2) United States allies are prepared to join in such a military
assistance effort.
(c) Within 60 days of any transfer under the 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.
(e) If the President determines that doing so will contribute to a
just resolution of charges regarding genocide or other violations of
international law in the former Yugoslavia, 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, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this subsection shall be in lieu of any determinations
otherwise required under section 552(c).
special authorities
Sec. 549. (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 Cambodian 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: Provided, That such assistance shall be subject to
sections 116, 502B, and 620A of the Foreign Assistance Act of 1961.
(c) During fiscal year 1994, the President may use up to $50,000,000
under the authority of section 451 of the Foreign Assistance Act of
1961, notwithstanding the funding ceiling contained in subsection (a) of
that section.
policy on terminating the arab league boycott of israel
Sec. 550. (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 rep
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resent 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. 551. (a) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', assistance may be provided as
follows:
(1) To strengthen the administration of justice in countries in
Latin America and the Caribbean in accordance with the provisions of
section 534 of the Foreign Assistance Act of 1961, except that
programs to enhance protection of participants in judicial cases may
be conducted notwithstanding section 660 of that Act.
(2) Notwithstanding section 660 of the Foreign Assistance Act of
1961, up to $6,000,000 may be made available 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 rehabilitation 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 $3,000,000 for the
procurement of equipment for law enforcement purposes, and shall not
include lethal equipment.
(b) 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)(1) for Bolivia, Colombia and Peru and subsection (a)(2)
may be made available notwithstanding section 534(c) and the second
sentence of section 534(e) of the Foreign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
Sec. 552. (a) Assistance Through 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
regular 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 1994, 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. 553. (a) Funds appropriated by this Act which are earmarked may
be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark is made
impossible by 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. 554. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically so directs.
EXCESS DEFENSE ARTICLES
Sec. 555. The authority
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of section 519 of the Foreign Assistance Act
of 1961, as amended, may be used in fiscal year 1994 to provide
nonlethal excess defense articles to countries for which 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.
real property management
Sec. 556. Any funds remaining in the Acquisition of Property
Revolving Fund administered by the Agency for International Development
may be transferred to, and consolidated and merged with, funds in the
Property Management Fund established pursuant to section 585 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1991 (Public Law 101-513).
PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 557. 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. 558. (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. 559. To the maximum extent possible, assistance provided under
this Act and title VI should make full use of American resources,
including commodities, products, and services.
assistance for the new independent states of the former soviet union
Sec. 560. (a) Funds appropriated by this Act under the heading
``Assistance for the New Independent States of the Former Soviet
Union'', and funds appropriated by the Supplemental Appropriations for
the New Independent States of the Former Soviet Union Act, 1993, should
be allocated for economic assistance and for related programs as
follows:
(1) $893,820,000 for the purpose of private sector development,
including through the support of bilateral and multilateral
enterprise funds, technical assistance and training, agribusiness
programs and agricultural credit, financing and technical assistance
for small and medium private enterprises, and privatization efforts.
(2) $125,000,000 for the purpose of a special privatization and
restructuring fund: Provided, That the United States contribution
for such fund shall not exceed one-quarter of the aggregate amount
being made available for such fund by all countries.
(3) $185,000,000 for the purpose of enhancing trade with and
investment in the New Independent States of the former Soviet Union,
including through energy and environment commodity import
assistance, costs of loans and loan guarantees and the provision of
trade and investment technical assistance.
(4) $295,000,000 for the purpose of enhancing democratic
initiatives, including through the support of a comprehensive
program of exchanges and training, assistance designed to foster the
rule of law, and encouragement of independent media.
(5) $190,000,000 for the purpose of supporting troop withdrawal,
including through the support of an officer resettlement program,
and technical assistance for the housing sector.
(6) $285,000,000 for the purpose of supporting the energy and
environment sectors, including such programs as nuclear reactor
safety, and technical assistance to foster the efficiency and
privatization of the energy sector and making that sector more
environmentally responsible.
(7) $239,000,000 for humanitarian assistance purposes, including
to provide vaccines and medicines for vulnerable populations, to
assist in the establishment of a sustainable pharmaceutical
industry, to provide food assistance, and to meet other urgent
humanitarian needs.
(b) With respect to funds allocated under subsection (a) of this
section, notifications provided under section 515 of this Act shall
reflect the categories listed in subsection (a): Provided, That the
Committees on Appropriations shall be consulted with respect to the
submission of notifications which would cause any category to exceed the
allocation reflected in subsection (a).
(c) Funds made available in this Act for assistance to the New
Independent States of the former Soviet Union shall be provided to the
maximum extent feasible through the pri
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vate sector, including private
voluntary organizations and nongovernmental organizations functioning in
the New Independent States.
(d) Of the funds appropriated by this or any other Act, not less
than $300,000,000 should be made available for Ukraine.
(e) None of the funds appropriated by this Act 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.
(f) Funds may be furnished without regard to subsection (e) if the
President determines that to do so is in the national interest.
(g) None of the funds appropriated by this Act 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: Provided further,
That thirty days after the date of enactment of this Act, and then
annually thereafter, the Secretary of State shall report to the
Committees on Appropriations on steps taken by the governments of the
New Independent States concerning violations referred to in this
subsection: Provided further, That in preparing this report the
Secretary shall consult with the United States Representative to the
Conference on Security and Cooperation in Europe.
(h) None of the funds appropriated by this Act for the New
Independent States of the former Soviet Union shall be made available
for any state to enhance its military capability: Provided, That this
restriction does not apply to demilitarization, defense conversion or
non-proliferation programs, or programs conducted under subsection
(a)(5) of this section.
andean narcotics initiative
Sec. 561. None of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Foreign Military Financing
Program'' may be made available for the Andean Narcotics Initiative
until the Secretary of State consults with, and provides a new Andean
counter-narcotics strategy (including budget estimates) to, the
Committees on Appropriations.
limitations on assistance for nicaragua
Sec. 562. (a) None of the funds appropriated by this Act under the
heading ``Economic Support Fund'' may be made available to the
Government of Nicaragua until the Secretary of State determines and
reports in writing to the appropriate committees that--
(1) there has been a full and independent investigation
conducted relating to issues raised by the discovery, after the May
23 explosion in Managua, of weapons caches, false passports,
identity papers and other documents, suggesting the existence of a
terrorist/kidnapping ring; and
(2) any individuals identified by the investigation cited in
paragraph (1) as being part of such ring, including all government
officials (including any members of the armed forces or security
forces) are being prosecuted.
(b) In addition to subsection (a), funds appropriated by this Act
under the heading ``Economic Support Fund'' may only be made available
to the Government of 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 resolution of expropriation claims and the effective
compensation of legitimate claims;
(2) 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;
(3) the enactment into law of legislation to reform the
Nicaraguan military and security forces in order to guarantee
civilian control over the armed forces;
(4) the establishment of civilian control over the police, and
the independence of the police from the military; and
(5) the effective reform of the Nicaraguan judicial system.
(c) The notification pursuant to subsection (b) shall include a
detailed listing of the tangible evidence that forms the basis for such
determination.
(d) For purposes of this section, the term ``appropriate
committees'' means the Committees on Foreign Relations and
Appropriations of the Senate and the Committees on Foreign Affairs and
Appropriations of the House of Representatives.
limitations on assistance for haiti
Sec. 563. (a) Notwithstanding any provision of this or any other
Act, none of the funds appropriated by this Act may be obligated or
expended for the purpose of military-related civic action programs,
police training, or military training for Haiti--
(1) prior to October 30, 1993, unless such programs or training
constitutes an integral part of a United Nations-sponsored,
multilateral initiative in furtherance of the implementation of the
Governor's Island Accords, signed on July 3, 1993; and
(2) on or after October 30, 1993, in order to strengthen
civilian control over the military and to establish an independent
civilian police force, without the concurrence of the duly-elected
President of Haiti.
(b) Notwithstanding any provision of this or any other Act, none of
the funds appropriated by this Act may be used to provide military
assistance or military training to any member of the Haitian Armed
Forces who the Secretary of State knows or has reason to believe, based
on all credible information available to him--
(1) is or has been an illicit trafficker in any narcotic or
psychotropic drug or other controlled substance, or is or has been a
knowing assistor, abettor, conspirator, or colluder with others in
the illicit trafficking in any such substance; or
(2) is or has participated in gross violations of
internationally recognized human rights.
agricultural aid to the new independent states of the former soviet
union
Sec. 564. Of the funds appropriated by titles II and VI of this Act
under the headings ``Assistance for the New Independent States of the
Former Soviet Union'' and ``Operations and Maintenance, Defense
Agencies'', 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 inde
2000
pendent 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.
humanitarian assistance for armenia
Sec. 565. Of the funds appropriated by titles II and VI of this Act
(1) to carry out the provisions of chapter 1 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961, and (2) under the
headings ``Assistance for the New Independent States of the Former
Soviet Union'' and ``Operations and Maintenance, Defense Agencies'',
$18,000,000 should be made available for urgent humanitarian assistance
for Armenia.
prohibition of payments to united nations members
Sec. 566. 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. 567. 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. 568. 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.
chemical weapons proliferation
Sec. 569. None of the funds appropriated by this Act may be used to
finance the procurement of chemicals, dual use chemicals, or chemical
agents that may be used for chemical weapons production: Provided, That
the provisions of this section shall not apply to any such procurement
if the President determines that such chemicals, dual use chemicals, or
chemical agents are not intended to be used by the recipient for
chemical weapons production.
special debt relief for the poorest
Sec. 570. (a)(1) 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--
(A) guarantees issued under sections 221 and 222 of the Foreign
Assistance Act of 1961; or
(B) credits extended or guarantees issued under the Arms Export
Control Act.
(2) Limitations.--
(A) The authority provided by paragraph (1) may be exercised
only to implement multilateral official debt relief and referendum
agreements, commonly referred to as ``Paris Club Agreed Minutes''.
(B) The authority provided by paragraph (1) may be exercised
only in such amounts or to such extent as is provided in advance by
appropriations Acts.
(C) The authority provided by paragraph (1) 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.
(3) Conditions.--The authority provided by paragraph (1) may be
exercised only with respect to a country whose government--
(A) does not have an excessive level of military expenditures;
(B) has not repeatedly provided support for acts of
international terrorism;
(C) is not failing to cooperate on international narcotics
control matters; and
(D) (including its military or other security forces) does not
engage in a consistent pattern of gross violations of
internationally recognized human rights.
(4) Availability of Funds.--The authority provided by paragraph (1)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt Restructuring''.
(5) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
to paragraph (1) shall not be considered assistance for purposes of any
provision of law limiting assistance to a country.
(b) Special Debt Relief for the Poorest, Most Heavily Indebted
Countries.--The Export-Import Bank Act of 1945 (12 U.S.C. 635-635i-3) is
amended by adding at the end the following:
``SEC. 11. SPECIAL DEBT RELIEF FOR THE POOREST, MOST HEAVILY INDEBTED
COUNTRIES.
``(a) Debt Reduction Authority.--The President may reduce amounts of
principle and interest owed by any eligible country to the Bank as a
result of loans or guarantees made under this Act.
``(b) Limitations.--
``(1) Types of debt reduction.--The authority provided by
subsection (a) may be exercised only to implement multilateral
agreements to reduce the burden of official bilateral debt as set
forth in the minutes of the so-called `Paris Club' (also known as
`Paris Club Agreed Minutes').
``(2) Eligible countries.--
``(A) Definition.--As used in subsection (a), the term
`eligible country' means any country that--
``(i) has excessively burdensome external debt;
``(ii) is eligible to borrow from the International
Development Association; and
``(iii) is not eligible to borrow from the International
Bank for Reconstruction and Development.
``(B) Determinations.--Subject to subparagraph (A), the
President may determine whether a country is an eligible country
for purposes of subsection (a).
``(c) Conditions.--The authority provided by this section 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; and
``(4) (including its military or other security forces) does not
engage in a consistent pattern of gross violations of
internationally recognized human rights.
``(d) Appropriations.--The authority provided by subsection (a) may
be exercised only in such amounts or to such extent as is provided in
advance in appropriations Acts.''.
(c) Sense of Congress.--It is the sense of Congress that the
President should seriously consider requesting debt reduction funds
sufficient to provide debt reduction to eligible countries in accordance
with the so-called ``Trinidad Terms''.
guarantees
Sec. 571. Section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by inserting after subparagraph
(2)(F) the following new subparagraph:
``(G) Net Guarantee Costs.--The net costs for fiscal year 1994 of
the appropriation made under section 601 of Public Law 102-391 are not
subject to the discretionary spending limits or the Appropriations
Committee's Foreign Operations Subcommittee's 602(b) allocation in
fiscal year 1994.''.
foreign military financing direct commercial sales policy
Sec. 572. The Secretary of Defense shall not implement changes in
longstanding policy allowing use of Foreign Military Financing for
direct commercial sales unless and until all parties affected by any
such changes have been fully consulted and given opportunity for input
into any such policy changes.
In this
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process the Secretary of Defense shall also consult with the
Committees on Appropriations, the House Committee on Foreign Affairs,
the Senate Committee on Foreign Relations, the Committees on Armed
Services, and the relevant agencies or departments of the Executive
Branch.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
Sec. 573. (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. 574. (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.
ukraine/russia stabilization partnerships
Sec. 575. Of the funds appropriated by this Act under the headings
``Assistance for the New Independent States of the Former Soviet Union''
and ``Operations and Maintenance, Defense Agencies'', and allocated
under section 560(a) paragraphs (1) and (6), $35,000,000 should be made
available for a program of cooperation between scientific and
engineering institutes in the New Independent States of the former
Soviet Union and national laboratories and other qualified academic
institutions in the United States designed to stabilize the technology
base in the cooperating states as each strives to convert defense
industries to civilian applications: Provided, That priority be assigned
to programs in support of international agreements that prevent and
reduce proliferation of weapons of mass destruction: Provided further,
That the President may enter into agreements involving private United
States industry that include cost share arrangements where feasible:
Provided further, That the President may participate in programs that
enhance the safety of power reactors: Provided further, That the
intellectual property rights of all parties to a program of cooperation
be protected: Provided further, That funds made available by this
section may be reallocated in accordance with the authority of section
560(b) of this Act.
russian assistance to cuba
Sec. 576. Of the funds appropriated by this Act under the headings
``Assistance for the New Independent States of the Former Soviet Union''
and ``Operations and Maintenance, Defense Agencies'', $380,000,000 shall
not be available for obligation for Russia unless the President
certifies on April 1, 1994, that the Government of Russia has not
provided assistance to Cuba during the preceding eighteen months:
Provided, That funds may be furnished without regard to the provisions
of this section if the President determines that to do so is in the
national interest.
Restriction on Assistance for Russia
Sec. 577. (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 6
months in advance of the obligation or expenditure of such funds that--
(1) 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; or
(2) Russia and the Commonwealth of Independent States continue
to make substantial progress toward the withdrawal of their armed
forces from Latvia and Estonia.
(b) Termination of Certification Requirement.--Subsection (a) shall
remain in force until the President certifies to the Congress that all
of the armed forces of Russia and the Commonwealth of Independent States
have withdrawn from Latvia and Estonia or that the status of those armed
forces has been otherwise resolved by mutual agreement of the parties.
Middle East Peace Facilitation Act
Sec. 578. (a) Until February 15, 1994, the President shall have the
authority to waive section 307 of the Foreign Assistance Act, as
amended, with respect to the Palestine Liberation Organization (PLO),
programs for the PLO, and programs for the benefit of entities
associated with it, which accept the commitments made by the PLO on
September 9, 1993: Provided, That before exercising this authority, the
President shall consult with the relevant committees of the Senate and
the House of Representatives: Provided further, That the President
determines, and notifies Congress that to do so is in the national
interest.
(b) Subsection (a) shall cease to have effect if at any time prior
to February 15, 1994, the President determines and so notifies Congress
that the PLO has ceased to comply with the commitments it made on
September 9, 1993, or the Congress, by joint resolution, determines that
the PLO has ceased to comply with the commitments it made on September
9, 1993.
russian reform
Sec. 579. (a) Findings.--The Congress finds that--
(1) President Yeltsin has consistently tried to push forward
economic and political reform;
(2) President Yeltsin was given a mandate by the Russian people
to hold elections and continue the process of economic reform;
(3) Boris Yeltsin is the first and only popularly elected
president of Russia, and the parliament of Russia is a holdover from
the Soviet regime;
(4) the conservative parliament has consistently impeded
political and economic progress in Russia;
(5) slow progress on economic reform has prompted the IMF to
review its disbursement of Russia's second tranche from the Systemic
Transformation Facility;
(6) political and economic reform has been impeded by the
actions of the hardline parliament; and
(7) corruption is rampant and is impeding economic and political
reform and must be vigorously and effectively combated.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) the Congress supports President Yeltsin in his effort t
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o
continue the reform process in Russia, including his call for new
parliamentary elections consistent with the results of the April 25,
1993 referendum; and
(2) further United States Government economic assistance should
be provided in accordance with President Yeltsin's call for the
holding of free, fair, and democratic parliamentary elections.
Titles I through V of this Act may be cited as the ``Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1994''.
TITLE VI--FISCAL YEAR 1993 SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1993, and for other purposes, namely:
funds appropriated to the president
assistance for the new independent states of the former soviet union
For an additional amount for the ``Assistance for the new
independent states of the former Soviet Union'' and for related
programs, $630,000,000, to be available upon enactment and to remain
available until expended, of which not to exceed $500,000,000 may be
made available for a special privatization and restructuring fund:
Provided, That the United States contribution for such fund shall not
exceed one-quarter of the aggregate amount being made available for such
fund by all countries: Provided further, That the provisions of section
498B(j) of the Foreign Assistance Act of 1961 shall apply to funds
appropriated by this paragraph.
DEPARTMENT OF DEFENSE
Operation and Maintenance
Operation and Maintenance, Defense Agencies
For an additional amount for ``Operation and maintenance, Defense
Agencies'', $979,000,000, to be available upon enactment and to remain
available until September 30, 1994: Provided, That the Secretary of
Defense may transfer such funds to other appropriations available to the
Department of Defense for the purposes of providing assistance to the
new independent states of the former Soviet Union: Provided further,
That the Secretary of Defense may transfer such funds to appropriations
available to the Department of State and other agencies of the United
States Government for the purposes of providing assistance and related
programs for the new independent states of the former Soviet Union for
programs that the President determines will increase the national
security of the United States: Provided further, That the amounts
transferred shall be available subject to the same terms and conditions
as the appropriations to which transferred: Provided further, That the
authority to make transfers pursuant to this provision is in addition to
any other transfer authority of the Department of Defense.
This title may be cited as the ``Supplemental Appropriations for the
New Independent States of the Former Soviet Union Act, 1993''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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