[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4426 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 4426

_______________________________________________________________________

                                 AN ACT


 
  Making appropriations for foreign operations, export financing, and 
    related programs for the fiscal year ending September 30, 1995.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for foreign operations, export 
financing, and related programs for the fiscal year ending September 
30, 1995, and for other purposes, namely:

               TITLE I--MULTILATERAL ECONOMIC ASSISTANCE

                  funds appropriated to the president

                  International Financial Institutions

     contribution to the international bank for reconstruction and 
                              development

    For payment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury, for the United States 
share of the paid-in share portion of the increases in capital stock 
for the General Capital Increase, $23,009,101, to remain available 
until expended.

              limitation on callable capital subscriptions

    The United States Governor of the International Bank for 
Reconstruction and Development may subscribe without fiscal year 
limitation to the callable capital portion of the United States share 
of increases in capital stock in an amount not to exceed $743,923,914.
    For payment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury, for the United States 
contribution to the Global Environment Facility (GEF), $88,800,000, to 
remain available until expended.

       contribution to the international development association

    For payment to the International Development Association by the 
Secretary of the Treasury, $1,235,000,000, for the United States 
contribution to the replenishment, to remain available until expended.

         contribution to the international finance corporation

    For payment to the International Finance Corporation by the 
Secretary of the Treasury, $68,743,028, for the United States share of 
the increase in subscriptions to capital stock, to remain available 
until expended: Provided, That of the amount appropriated under this 
heading not more than $5,364,000 may be expended for the purchase of 
such stock in fiscal year 1995.

          contribution to the inter-american development bank

    For payment to the Inter-American Development Bank by the Secretary 
of the Treasury for the United States share of the paid-in share 
portion of the increase in capital stock, $28,111,959, and for the 
United States share of the increases in the resources of the Fund for 
Special Operations, $21,338,000, and for the United States share of the 
capital stock of the Inter-American Investment Corporation, $190,000, 
to remain available until expended: Provided, That $25,269,224 of the 
amount made available for the paid-in share portion of the increase in 
capital stock, and $20,317,000 of the resources of the Fund for Special 
Operations shall be subject to the regular notification procedures of 
the Committees on Appropriations.

              limitation on callable capital subscriptions

    The United States Governor of the Inter-American Development Bank 
may subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $1,594,568,180.

contribution to the enterprise for the americas multilateral investment 
                                  fund

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the Fund to be administered by the Inter-American 
Development Bank, $75,000,000 to remain available until expended.

               contribution to the asian development fund

    For the United States contribution by the Secretary of the Treasury 
to the increases in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended (Public Law 
89-369), $167,960,000, to remain available until expended.

              contribution to the african development fund

    For payment to the African Development Fund by the Secretary of the 
Treasury, $124,229,309, for the United States contribution to the 
African Development Fund, to remain available until expended: Provided, 
That of the funds appropriated under this heading, $20,000,000 shall be 
subject to the regular notification procedures of the Committees on 
Appropriations.

              contribution to the african development bank

    For payment to the African Development Bank by the Secretary of the 
Treasury, for the paid-in share portion of the United States share of 
the increase in capital stock, $133,000, to remain available until 
expended.

              limitation on callable capital subscriptions

    The United States Governor of the African Development Bank may 
subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $2,002,540.

  contribution to the european bank for reconstruction and development

    For payment to the European Bank for Reconstruction and Development 
by the Secretary of the Treasury, $69,180,353, for the United States 
share of the paid-in share portion of the initial capital subscription, 
to remain available until expended: Provided, That during fiscal year 
1995 the number of shares of stock purchased shall be not more than 
600.

              limitation of callable capital subscriptions

    The United States Governor of the European Bank for Reconstruction 
and Development may subscribe without fiscal year limitation to the 
callable capital portion of the United States share of such capital 
stock in an amount not to exceed $161,420,824.

                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, $366,000,000: 
Provided, That none of the funds appropriated under this heading shall 
be made available for the United Nations Fund for Science and 
Technology: Provided further, That funds appropriated under this 
heading may be made available for the International Atomic Energy 
Agency only if the Secretary of State 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 shall be obligated and 
expended no later than thirty days after the date of enactment of this 
Act and 25 per centum shall be expended within thirty days from the 
start of UNICEF's fourth quarter of operations for 1995: Provided 
further, That none of the funds appropriated under this heading that 
are made available to the United Nations Population Fund (UNFPA) shall 
be made available for activities in the People's Republic of China: 
Provided further, That not more than $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, 1995, and that no later than February 
15, 1995, the Secretary of State shall submit a report to the 
Committees on Appropriations indicating the amount UNFPA is budgeting 
for the People's Republic of China in 1995: Provided further, That any 
amount UNFPA plans to spend in the People's Republic of China in 1995 
above $7,000,000, shall be deducted from the amount of funds provided 
to UNFPA after March 1, 1995 pursuant to the previous provisos: 
Provided further, That with respect to any funds appropriated under 
this heading that are made available to UNFPA, UNFPA shall be required 
to maintain such funds in a separate account and not commingle them 
with any other funds: Provided further, That notwithstanding the fifth 
proviso of this heading, if UNFPA decides not to initiate a new program 
in China after its current program ends in 1995, up to an additional 
$20,000,000 of funds appropriated under this heading may be made 
available to UNFPA.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  funds appropriated to the president

    For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 1995, unless 
otherwise specified herein, as follows:

                  Agency for International Development

                      development assistance fund

    For necessary expenses to carry out the provisions of sections 103 
through 106 of the Foreign Assistance Act of 1961, $811,000,000, to 
remain available until September 30, 1996.

                   population, development assistance

    For necessary expenses to carry out the provisions of section 
104(b), $450,000,000, to remain available until September 30, 1996: 
Provided, That none of the funds made available in this Act nor any 
unobligated balances from prior appropriations may be made available to 
any organization or program which, as determined by the President of 
the United States, supports or participates in the management of a 
program of coercive abortion or involuntary sterilization: Provided 
further, That none of the funds made available under this heading may 
be used to pay for the performance of abortion as a method of family 
planning or to motivate or coerce any person to practice abortions; and 
that in order to reduce reliance on abortion in developing nations, 
funds shall be available only to voluntary family planning projects 
which offer, either directly or through referral to, or information 
about access to, a broad range of family planning methods and services: 
Provided further, That in awarding grants for natural family planning 
under section 104 of the Foreign Assistance Act of 1961 no applicant 
shall be discriminated against because of such applicant's religious or 
conscientious commitment to offer only natural family planning; and, 
additionally, all such applicants shall comply with the requirements of 
the previous proviso: Provided further, That 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, $790,000,000, to remain 
available until September 30, 1996: Provided, That none of the funds 
appropriated by this Act to carry out chapters 1 and 10 of part I of 
the Foreign Assistance Act of 1961 shall be transferred to the 
Government of Zaire: Provided further, That funds appropriated under 
this heading which are made available for activities supported by the 
Southern Africa Development Community shall be made available 
notwithstanding section 512 of this Act and section 620(q) of the 
Foreign Assistance Act of 1961.

                  private and voluntary organizations

    None of the funds appropriated or otherwise made available by this 
Act for development assistance may be made available to any United 
States private and voluntary organization, except any cooperative 
development organization, which obtains less than 20 per centum of its 
total annual funding for international activities from sources other 
than the United States Government: Provided, That the requirements of 
the provisions of section 123(g) of the Foreign Assistance Act of 1961 
and the provisions on private and voluntary organizations in title II 
of the ``Foreign Assistance and Related Programs Appropriations Act, 
1985'' (as enacted in Public Law 98-473) shall be superseded by the 
provisions of this section.

                   international disaster assistance

    For necessary expenses for international disaster relief, 
rehabilitation, and reconstruction assistance pursuant to section 491 
of the Foreign Assistance Act of 1961, as amended, $169,998,000 to 
remain available until expended.

                           debt restructuring

    For the cost, as defined in section 13201 of the Budget Enforcement 
Act of 1990, of modifying direct loans and loan guarantees, as the 
President may determine, for which funds have been appropriated or 
otherwise made available for programs within the International Affairs 
Budget Function 150, $7,000,000, to remain available until expended: 
Provided, That it is the sense of the Congress that a program should be 
developed to undertake direct buy backs of bilateral debt from eligible 
poor and lower-middle income countries with local currency offsets to 
fund development and environmental activities, provided that such a 
program would have no budgetary impact. The Administration should 
consider how creative use of the sale of impaired Third World debts 
might be used to lower debt overhangs and generate local currencies for 
development and environmental activities.

         micro and small enterprise development program account

    For the subsidy cost of direct loans and loan guarantees, 
$1,500,000, as authorized by section 108 of the Foreign Assistance Act 
of 1961, as amended: Provided, That such costs shall be as defined in 
section 502 of the Congressional Budget Act of 1974. In addition, for 
administrative expenses to carry out programs under this heading, 
$500,000, all of which may be transferred to and merged with the 
appropriation for operating expenses of the Agency for International 
Development.

                    housing guaranty program account

    For the subsidy cost, as defined in section 13201 of the Budget 
Enforcement Act of 1990, of guaranteed loans authorized by sections 221 
and 222 of the Foreign Assistance Act of 1961, $19,300,000: Provided, 
That these funds are available to subsidize loan principal, 100 percent 
of which shall be guaranteed, pursuant to the authority of such 
sections: Provided further, That the President shall enter into 
commitments to guarantee such loans in the full amount provided under 
this heading, subject to the availability of qualified applicants for 
such guarantees. In addition, for administrative expenses to carry out 
guaranteed loan programs, $8,000,000, all of which may be transferred 
to and merged with the appropriation for Operating Expenses of the 
Agency for International Development: Provided further, That 
commitments to guarantee loans under this heading may be entered into 
notwithstanding the second and third sentences of section 222(a) and, 
with regard to programs for Eastern Europe and programs for the benefit 
of South Africans disadvantaged by apartheid, section 223(j) of the 
Foreign Assistance Act of 1961: Provided further, That none of the 
funds appropriated under this heading shall be obligated except through 
the regular notification procedures of the Committees on 
Appropriations.

     payment to the foreign service retirement and disability fund

    For payment to the ``Foreign Service Retirement and Disability 
Fund'', as authorized by the Foreign Service Act of 1980, $45,118,000.

     operating expenses of the agency for international development

    For necessary expenses to carry out the provisions of section 667, 
$517,500,000: Provided, That of this amount not more than $900,000 may 
be made available to pay for printing costs.

 operating expenses of the agency for international development office 
                          of inspector general

    For necessary expenses to carry out the provisions of section 667, 
$39,118,000, which sum shall be available for the Office of the 
Inspector General of the Agency for International Development.

                         economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of 
part II, $2,339,000,000, to remain available until September 30, 1996: 
Provided, That any funds appropriated under this heading that are made 
available for Israel shall be made available on a grant basis as a cash 
transfer and shall be disbursed within thirty days of enactment of this 
Act or by October 31, 1994, whichever is later: Provided further, That 
any funds appropriated under this heading that are made available for 
Egypt shall be provided on a grant basis, 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: Provided further, That 
in exercising the authority to provide cash transfer assistance for 
Israel and Egypt, the President shall ensure that the level of such 
assistance does not cause an adverse impact on the total level of 
nonmilitary exports from the United States to each such country: 
Provided further, That it is the sense of the Congress that the 
recommended levels of assistance for Egypt and Israel are based in 
great measure upon their continued participation in the Camp David 
Accords and upon the Egyptian-Israeli peace treaty: Provided further, 
That none of the funds appropriated under this heading shall be made 
available for Zaire.

                     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, $360,000,000, to remain available until 
expended, which shall be available, notwithstanding any other provision 
of law, for economic assistance for Eastern Europe and the Baltic 
States.
    (b) Funds appropriated under this heading or in prior 
appropriations Acts that are or have been made available for an 
Enterprise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the Fund's disbursement of such funds for program 
purposes. The Fund may retain for such program purposes any interest 
earned on such deposits without returning such interest to the Treasury 
of the United States and without further appropriation by the Congress. 
Funds made available for Enterprise Funds shall be expended at the 
minimum rate necessary to make timely payment for projects and 
activities.
    (c) Funds appropriated under this heading shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained 
in that Act for the use of economic assistance.

  assistance for the new independent states of the former soviet union

    (a) For necessary expenses to carry out the provisions of chapter 
11 of part I of the Foreign Assistance Act of 1961 and the FREEDOM 
Support Act, for assistance for the new independent states of the 
former Soviet Union and for related programs, $875,000,000, to remain 
available until expended: Provided, That the provisions of 498B(j) of 
the Foreign Assistance Act of 1961 shall apply to funds appropriated by 
this paragraph.
    (b) None of the funds appropriated under this heading shall be 
transferred to the Government of Russia--
            (1) unless that Government is making progress in 
        implementing comprehensive economic reforms based on market 
        principles, private ownership, negotiating repayment of 
        commercial debt, respect for commercial contracts, and 
        equitable treatment of foreign private investment; and
            (2) if that Government applies or transfers United States 
        assistance to any entity for the purpose of expropriating or 
        seizing ownership or control of assets, investments, or 
        ventures.
    (c) Funds may be furnished without regard to subsection (b) if the 
President determines that to do so is in the national interest.
    (d) None of the funds appropriated under this heading shall be made 
available to any government of the new independent states of the former 
Soviet Union if that government directs any action in violation of the 
territorial integrity or national sovereignty of any other new 
independent state, such as those violations included in Principle Six 
of the Helsinki Final Act: Provided, That such funds may be made 
available without regard to the restriction in this subsection if the 
President determines that to do so is in the national interest of the 
United States: Provided further, That the restriction of this 
subsection shall not apply to the use of such funds for the provision 
of assistance for purposes of humanitarian, disaster and refugee 
relief: 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.
    (e) None of the funds appropriated under this heading for the new 
independent states of the former Soviet Union shall be made available 
for any state to enhance its military capability: Provided, That this 
restriction does not apply to demilitarization, defense conversion or 
non-proliferation programs, or programs to support troop withdrawal 
including through the support of an officer resettlement program, and 
technical assistance for the housing sector.
    (f) Funds appropriated under this heading shall be subject to the 
regular reprogramming procedures of the Committees on Appropriations.
    (g) Funds appropriated under this heading may be made available for 
assistance for Mongolia.
    (h) Funds made available in this Act for assistance to the New 
Independent States of the former Soviet Union shall be provided to the 
maximum extent feasible through the private sector, including private 
voluntary organizations and nongovernmental organizations functioning 
in the New Independent States.

                          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.

                              peace corps

    For expenses necessary to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $219,745,000, including the purchase of not 
to exceed five passenger motor vehicles for administrative purposes for 
use outside of the United States: Provided, That none of the funds 
appropriated under this heading shall be used to pay for abortions: 
Provided further, That funds appropriated under this heading shall 
remain available until September 30, 1996.

                          Department of State

                    international narcotics control

    For necessary expenses to carry out the provisions of section 481 
of the Foreign Assistance Act of 1961, $115,000,000.

                    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 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.

                    refugee resettlement assistance

    For necessary expenses for the targeted assistance program 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 and 
administered by the Office of Refugee Resettlement of the Department of 
Health and Human Services, in addition to amounts otherwise available 
for such purposes, $12,000,000.

     united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 260(c)), $50,000,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 
2(c)(2) of the Migration and Refugee Assistance Act of 1962 which would 
limit the amount of funds which could be appropriated for this purpose.

                       anti-terrorism assistance

    For necessary expenses to carry out the provisions of chapter 8 of 
part II of the Foreign Assistance Act of 1961, $15,244,000.

                 nonproliferation and disarmament fund

    For necessary expenses for a ``Nonproliferation and Disarmament 
Fund'', $10,000,000, to remain available until expended, to promote 
bilateral and multilateral activities: Provided, That such funds may be 
used pursuant to the authorities contained in section 504 of the 
FREEDOM Support Act: Provided further, That such funds may also be used 
for such countries other than the new independent states of the former 
Soviet Union and international organizations when it is in the national 
security interest of the United States to do so: Provided further, That 
funds appropriated under this heading may be made available 
notwithstanding any other provision of law: Provided further, That 
funds appropriated under this heading shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President

             international military education and training

    For necessary expenses to carry out the provisions of section 541 
of the Foreign Assistance Act of 1961, $25,500,000: Provided, That up 
to $300,000 of the funds appropriated under this heading may be made 
available for grant financed military education and training for any 
country whose annual per capita GNP exceeds $2,349 on the condition 
that that country agrees to fund from its own resources the 
transportation cost and living allowances of its students: Provided 
further, That the civilian personnel for whom military education and 
training may be provided under this heading may also include members of 
national legislatures who are responsible for the oversight and 
management of the military: Provided further, That none of the funds 
appropriated under this heading shall be available for Indonesia and 
Zaire: Provided further, That none of the funds appropriated by this 
Act shall be used to facilitate the provision of IMET to Indonesia: 
Provided further, That a report is to be submitted to the Committees on 
Appropriations addressing how the proposed School of the Americas IMET 
program will contribute to the promotion of human rights, respect for 
civilian authority and the rule of law, the establishment of legitimate 
judicial mechanisms for the military, and achieving the goal of right 
sizing military forces.
    For necessary expenses, for the military-to-military contact 
program of the Department of Defense, $12,000,000, to be made available 
only for activities for East European countries and the Baltic States.

                   foreign military financing program

    For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$3,149,279,000: Provided, That funds appropriated by this paragraph 
that are made available for Israel and Egypt shall be available only as 
grants: Provided further, That the funds appropriated by this paragraph 
that are made available for Israel shall be disbursed within thirty 
days of enactment of this Act or by October 31, 1994, whichever is 
later: Provided further, That funds made available under this paragraph 
shall be nonrepayable notwithstanding any requirement in section 23 of 
the Arms Export Control Act.
    For the cost, as defined in section 13201 of the Budget Enforcement 
Act of 1990, of direct loans authorized by section 23 of the Arms 
Export Control Act as follows: cost of direct loans, $47,917,000: 
Provided, That these funds are available to subsidize gross obligations 
for the principal amount of direct loans of not to exceed $619,650,000: 
Provided further, That the rate of interest charged on such loans shall 
be not less than the current average market yield on outstanding 
marketable obligations of the United States of comparable maturities: 
Provided further, That the principal amount of direct loans for Greece 
and Turkey shall be made available according to a 7 to 10 ratio: 
Provided further, That 25 percent of the principal amount of direct 
loans for Turkey shall be withheld until the Secretary of State, in 
consultation with the Secretary of Defense, has submitted to the 
Committees on Appropriations a report addressing, among other things, 
the allegations of abuses against civilians by the Turkish armed forces 
and the situation in Cyprus, and a separate notification has been 
submitted at least 15 days prior to the obligation of such funds: 
Provided further, That 25 percent of the principal amount of direct 
loans for Greece shall be withheld until the Secretary of State has 
submitted to the Committees on Appropriations a report on the 
allegations of Greek violations of the United Nations sanctions against 
Serbia and of the United Nations Charter, and a separate notification 
has been submitted at least 15 days prior to the obligation of such 
funds.
    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: 
Provided, That all country and funding level increases in allocations 
shall be submitted through the regular notification procedures of 
section 515 of this Act: Provided further, That funds made available 
under this heading shall be obligated upon apportionment in accordance 
with paragraph (5)(C) of title 31, United States Code, section 1501(a): 
Provided further, That none of the funds appropriated under this 
heading shall be available for Zaire, Sudan, Liberia, Guatemala, Peru, 
and Malawi: Provided further, That none of the funds appropriated under 
this heading may be made available for Colombia or Bolivia until the 
Secretary of State certifies that such funds will be used by such 
country primarily for counternarcotics activities: Provided further, 
That not more than $100,000,000 of the funds made available under this 
heading shall be available for use in financing the procurement of 
defense articles, defense services, or design and construction services 
that are not sold by the United States Government under the Arms Export 
Control Act to countries other than Israel and Egypt: Provided further, 
That only those countries for which assistance was justified for the 
``Foreign Military Sales Financing Program'' in the fiscal year 1989 
congressional presentation for security assistance programs may utilize 
funds made available under this heading for procurement of defense 
articles, defense services or design and construction services that are 
not sold by the United States Government under the Arms Export Control 
Act: Provided further, That, subject to the regular notification 
procedures of the Committees on Appropriations, funds made available 
under this heading for the cost of direct loans may also be used to 
supplement the funds available under this heading for necessary 
expenses for grants if countries specified under this heading as 
eligible for such direct loans decline to utilize such loans: Provided 
further, That funds appropriated under this heading shall be expended 
at the minimum rate necessary to make timely payment for defense 
articles and services: Provided further, That the Department of Defense 
shall conduct during the current fiscal year nonreimbursable audits of 
private firms whose contracts are made directly with foreign 
governments and are financed with funds made available under this 
heading (as well as subcontractors thereunder) as requested by the 
Defense Security Assistance Agency: Provided further, That not more 
than $22,150,000 of the funds appropriated under this heading may be 
obligated for necessary expenses, including the purchase of passenger 
motor vehicles for replacement only for use outside of the United 
States, for the general costs of administering military assistance and 
sales: Provided further, That not more than $335,000,000 of funds 
realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act 
may be obligated for expenses incurred by the Department of Defense 
during 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.

                        peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 
of the Foreign Assistance Act of 1961, $75,000,000.

                      TITLE IV--EXPORT ASSISTANCE

                export-import bank of the united states

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country other than a nuclear-
weapon State as defined in article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act that has detonated a nuclear 
explosive after the date of enactment of this Act.

                         subsidy appropriation

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, $792,653,000 to remain available until September 30, 
1996: Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That these funds are available to 
subsidize gross obligations for the principal amount of direct loans, 
and tied-aid grants, and total loan principal, any part of which is to 
be guaranteed, including insurance, of not to exceed $19,000,000,000: 
Provided further, That such sums shall remain available until 2010 for 
the disbursement of direct loans, loan guarantees, insurance and tied-
aid grants obligated in fiscal years 1995 and 1996: Provided further, 
That up to $100,000,000 of funds appropriated by this paragraph shall 
remain available until expended and may be used for tied-aid grant 
purposes: Provided further, That none of the funds appropriated by this 
paragraph may be used for tied-aid credits or grants except through the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That funds appropriated by this paragraph are made 
available notwithstanding section 2(b)(2) of the Export-Import Bank Act 
of 1945, in connection with the purchase or lease of any product by any 
East European country, any Baltic State, or any agency or national 
thereof.

                        administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs (to be computed on an accrual basis), 
including hire of passenger motor vehicles and services as authorized 
by 5 U.S.C. 3109, and not to exceed $20,000 for official reception and 
representation expenses for members of the Board of Directors, 
$44,550,000: 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.

                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, $23,296,000. In addition, for 
administrative expenses to carry out the direct and guaranteed loan 
programs, $7,933,000: 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, 1994 through September 30, 1996: Provided 
further, That such sums are to remain available through fiscal year 
2003 for the disbursement of direct and guaranteed loans obligated in 
fiscal year 1995, and through 2004 for the disbursement of direct and 
guaranteed loans obligated in fiscal year 1996.
    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.

                  Funds Appropriated to the President

                      trade and development agency

    For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $44,986,000.

                      TITLE V--GENERAL PROVISIONS

             obligations during last month of availability

    Sec. 501. Except for the appropriations entitled ``International 
Disaster Assistance'', and ``United States Emergency Refugee and 
Migration Assistance Fund'', not more than 15 per centum of any 
appropriation item made available by this Act shall be obligated during 
the last month of availability.

     prohibition of bilateral funding for international financial 
                              institutions

    Sec. 502. None of the funds contained in title II of this Act may 
be used to carry out the provisions of section 209(d) of the Foreign 
Assistance Act of 1961.

                    limitation on residence expenses

    Sec. 503. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $126,500 shall be for official residence 
expenses of the Agency for International Development during the current 
fiscal year: Provided, That appropriate steps shall be taken to assure 
that, to the maximum extent possible, United States-owned foreign 
currencies are utilized in lieu of dollars.

                         limitation on expenses

    Sec. 504. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $5,000 shall be for entertainment expenses of 
the Agency for International Development during the current fiscal 
year.

               limitation on representational allowances

    Sec. 505. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $95,000 shall be available for representation 
allowances for the Agency for International Development during the 
current fiscal year: Provided, That appropriate steps shall be taken to 
assure that, to the maximum extent possible, United States-owned 
foreign currencies are utilized in lieu of dollars: Provided further, 
That of the funds made available by this Act for general costs of 
administering military assistance and sales under the heading ``Foreign 
Military Financing Program'', not to exceed $2,000 shall be available 
for entertainment expenses and not to exceed $50,000 shall be available 
for representation allowances: Provided further, That of the funds made 
available by this Act under the heading ``International Military 
Education and Training'', not to exceed $50,000 shall be available for 
entertainment allowances: Provided further, That of the funds made 
available by this Act for the Inter-American Foundation, not to exceed 
$2,000 shall be available for entertainment and representation 
allowances: Provided further, That of the funds made available by this 
Act for the Peace Corps, not to exceed a total of $4,000 shall be 
available for entertainment expenses: Provided further, That of the 
funds made available by this Act under the heading ``Trade and 
Development Agency'', not to exceed $2,000 shall be available for 
representation and entertainment allowances.

                 prohibition on financing nuclear goods

    Sec. 506. None of the funds appropriated or made available (other 
than funds for ``International Organizations and Programs'') pursuant 
to this Act, for carrying out the Foreign Assistance Act of 1961, may 
be used, except for purposes of nuclear safety, to finance the export 
of nuclear equipment, fuel, or technology.

        prohibition against direct funding for certain countries

    Sec. 507. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance or reparations to Cuba, Iraq, Libya, 
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 
funds, consults with and provides a written policy justification to the 
Committees on Appropriations of the House of Representatives and the 
Senate: Provided, That the exercise of such authority shall be subject 
to the regular notification procedures of the Committees on 
Appropriations.

                  deobligation/reobligation authority

    Sec. 510. (a) Amounts certified pursuant to section 1311 of the 
Supplemental Appropriations Act, 1955, as having been obligated against 
appropriations heretofore made under the authority of the Foreign 
Assistance Act of 1961 for the same general purpose as any of the 
headings under the ``Agency for International Development'' are, if 
deobligated, hereby continued available for the same period as the 
respective appropriations under such headings or until September 30, 
1995, whichever is later, and for the same general purpose, and for 
countries within the same region as originally obligated: Provided, 
That the Appropriations Committees of both Houses of the Congress are 
notified fifteen days in advance of the deobligation and reobligation 
of such funds in accordance with regular notification procedures of the 
Committees on Appropriations.
    (b) Obligated balances of funds appropriated to carry out section 
23 of the Arms Export Control Act as of the end of the fiscal year 
immediately preceding the current fiscal year are, if deobligated, 
hereby continued available during the current fiscal year for the same 
purpose under any authority applicable to such appropriations under 
this Act: Provided, That the authority of this subsection may not be 
used in fiscal year 1995.

                         availability of funds

    Sec. 511. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapters 1 and 8 of part I, 
section 667, and chapter 4 of part II of the Foreign Assistance Act of 
1961, as amended, shall remain available until expended if such funds 
are initially obligated before the expiration of their respective 
periods of availability contained in this Act: Provided further, That, 
notwithstanding any other provision of this Act, any funds made 
available for the purposes of chapter 1 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961 which are allocated or 
obligated for cash disbursements in order to address balance of 
payments or economic policy reform objectives, shall remain available 
until expended: Provided further, That the report required by section 
653(a) of the Foreign Assistance Act of 1961 shall designate for each 
country, to the extent known at the time of submission of such report, 
those funds allocated for cash disbursement for balance of payment and 
economic policy reform purposes.

            limitation on assistance to countries in default

    Sec. 512. No part of any appropriation contained in this Act shall 
be used to furnish assistance to any country which is in default during 
a period in excess of one calendar year in payment to the United States 
of principal or interest on any loan made to such country by the United 
States pursuant to a program for which funds are appropriated under 
this Act: Provided, That this section and section 620(q) of the Foreign 
Assistance Act of 1961 shall not apply to funds made available in this 
Act or during the current fiscal year for Nicaragua, and for any 
narcotics-related assistance for Colombia, Bolivia, and Peru authorized 
by the Foreign Assistance Act of 1961 or the Arms Export Control Act.

                           commerce and trade

    Sec. 513. (a) None of the funds appropriated or made available 
pursuant to this Act for direct assistance and none of the funds 
otherwise made available pursuant to this Act to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the 
commodity is likely to be in surplus on world markets at the time the 
resulting productive capacity is expected to become operative and if 
the assistance will cause substantial injury to United States producers 
of the same, similar, or competing commodity: Provided, That such 
prohibition shall not apply to the Export-Import Bank if in the 
judgment of its Board of Directors the benefits to industry and 
employment in the United States are likely to outweigh the injury to 
United States producers of the same, similar, or competing commodity.
    (b) None of the funds appropriated by this or any other Act to 
carry out chapter 1 of part I of the Foreign Assistance Act of 1961 
shall be available for any testing or breeding feasibility study, 
variety improvement or introduction, consultancy, publication, 
conference, or training in connection with the growth or production in 
a foreign country of an agricultural commodity for export which would 
compete with a similar commodity grown or produced in the United 
States: Provided, That this subsection shall not prohibit--
            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact in the export of agricultural commodities of 
        the United States; or
            (2) research activities intended primarily to benefit 
        American producers.
    (c) None of the funds provided in this Act to the Agency for 
International Development, other than funds made available to carry out 
Caribbean Basin Initiative programs under the Tariff Schedules of the 
United States, section 1202 of title 19, United States Code, schedule 
8, part I, subpart B, item 807.00, shall be obligated or expended--
            (1) to procure directly feasibility studies or 
        prefeasibility studies for, or project profiles of potential 
        investment in, the manufacture, for export to the United States 
        or to third country markets in direct competition with United 
        States exports, of import-sensitive articles as defined by 
        section 503(c)(1) (A) and (E) of the Tariff Act of 1930 (19 
        U.S.C. 2463(c)(1) (A) and (E)); or
            (2) to assist directly in the establishment of facilities 
        specifically designed for the manufacture, for export to the 
        United States or to third country markets in direct competition 
        with United States exports, of import-sensitive articles as 
        defined in section 503(c)(1) (A) and (E) of the Tariff Act of 
        1930 (19 U.S.C. 2463(c)(1) (A) and (E)).

                          surplus commodities

    Sec. 514. The Secretary of the Treasury shall instruct the United 
States Executive Directors of the International Bank for Reconstruction 
and Development, the International Development Association, the 
International Finance Corporation, the Inter-American Development Bank, 
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the European Bank for Reconstruction 
and Development, the African Development Bank, and the African 
Development Fund to use the voice and vote of the United States to 
oppose any assistance by these institutions, using funds appropriated 
or made available pursuant to this Act, for the production or 
extraction of any commodity or mineral for export, if it is in surplus 
on world markets and if the assistance will cause substantial injury to 
United States producers of the same, similar, or competing commodity.

                       notification requirements

    Sec. 515. For the purposes of providing the Executive Branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for ``Development Assistance Fund'', 
``Population, Development Assistance'', ``Development Fund for 
Africa'', ``International organizations and programs'', ``Trade and 
Development Agency'', ``International narcotics control'', ``Assistance 
for Eastern Europe and the Baltic States'', ``Assistance for the New 
Independent States of the Former Soviet Union'', ``Economic Support 
Fund'', ``Peacekeeping operations'', ``Operating expenses of the Agency 
for International Development'', ``Operating expenses of the Agency for 
International Development Office of Inspector General'', ``Anti-
terrorism assistance'', ``Foreign Military Financing Program'', 
``International military education and training'' (including the 
military-to-military contact program), ``Inter-American Foundation'', 
``African Development Foundation'', ``Peace Corps'', or ``Migration and 
refugee assistance'', shall be available for obligation for activities, 
programs, projects, type of materiel assistance, countries, or other 
operation not justified or in excess of the amount justified to the 
Appropriations Committees for obligation under any of these specific 
headings unless the Appropriations Committees of both Houses of 
Congress are previously notified fifteen days in advance: Provided, 
That the President shall not enter into any commitment of funds 
appropriated for the purposes of section 23 of the Arms Export Control 
Act for the provision of major defense equipment, other than 
conventional ammunition, or other major defense items defined to be 
aircraft, ships, missiles, or combat vehicles, not previously justified 
to Congress or 20 per centum in excess of the quantities justified to 
Congress unless the Committees on Appropriations are notified fifteen 
days in advance of such commitment: Provided further, That this section 
shall not apply to any reprogramming for an activity, program, or 
project under chapter 1 of part I of the Foreign Assistance Act of 1961 
of less than 20 per centum of the amount previously justified to the 
Congress for obligation for such activity, program, or project for the 
current fiscal year: Provided further, That the requirements of this 
section or any similar provision of this Act requiring notification in 
accordance with the regular notification procedures of the Committees 
on Appropriations may be waived if failure to do so would pose a 
substantial risk to human health or welfare: Provided further, That in 
case of any such waiver, notification to the Congress, or the 
appropriate congressional committees, shall be provided as early as 
practicable, but in no event later than three days after taking the 
action to which such notification requirement was applicable, in the 
context of the circumstances necessitating such waiver: Provided 
further, That any notification provided pursuant to such a waiver shall 
contain an explanation of the emergency circumstances.
    Drawdowns made pursuant to section 506(a)(2) of the Foreign 
Assistance Act of 1961 shall be subject to the regular notification 
procedures of the Committees on Appropriations.

limitation on availability of funds for international organizations and 
                                programs

    Sec. 516. (a) Notwithstanding any other provision of law or of this 
Act, none of the funds provided for ``International Organizations and 
Programs'' shall be available for the United States proportionate 
share, in accordance with section 307(c) of the Foreign Assistance Act 
of 1961, for any programs identified in section 307, or for Libya, 
Iran, or, at the discretion of the President, Communist countries 
listed in section 620(f) of the Foreign Assistance Act of 1961, as 
amended: Provided, That, subject to the regular notification procedures 
of the Committees on Appropriations, funds appropriated under this Act 
or any previously enacted Act making appropriations for foreign 
operations, export financing, and related programs, which are returned 
or not made available for organizations and programs because of the 
implementation of this section or any similar provision of law, shall 
remain available for obligation through September 30, 1996.
    (b) The United States shall not make any voluntary or assessed 
contribution--
            (1) to any affiliated organization of the United Nations 
        which grants full membership as a state to any organization or 
        group that does not have the internationally recognized 
        attributes of statehood, or
            (2) to the United Nations, if the United Nations grants 
        full membership as a state in the United Nations to any 
        organization or group that does not have the internationally 
        recognized attributes of statehood,
during any period in which such membership is effective.

              economic support fund assistance for israel

    Sec. 517. The Congress finds that progress on the peace process in 
the Middle East is vitally important to United States security 
interests in the region. The Congress recognizes that, in fulfilling 
its obligations under the Treaty of Peace Between the Arab Republic of 
Egypt and the State of Israel, done at Washington on March 26, 1979, 
Israel incurred severe economic burdens. Furthermore, the Congress 
recognizes that an economically and militarily secure Israel serves the 
security interests of the United States, for a secure Israel is an 
Israel which has the incentive and confidence to continue pursuing the 
peace process. Therefore, the Congress declares that it is the policy 
and the intention of the United States that the funds provided in 
annual appropriations for the Economic Support Fund which are allocated 
to Israel shall not be less than the annual debt repayment (interest 
and principal) from Israel to the United States Government in 
recognition that such a principle serves United States interests in the 
region.

     prohibition concerning abortions and involuntary sterilization

    Sec. 518. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide 
any financial incentive to any person to undergo sterilizations. None 
of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay for any 
biomedical research which relates in whole or in part, to methods of, 
or the performance of, abortions or involuntary sterilization as a 
means of family planning. None of the funds made available to carry out 
part I of the Foreign Assistance Act of 1961, as amended, may be 
obligated or expended for any country or organization if the President 
certifies that the use of these funds by any such country or 
organization would violate any of the above provisions related to 
abortions and involuntary sterilizations. The Congress reaffirms its 
commitments 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 Colombia, El Salvador, Guatemala, Haiti, 
Indonesia, Liberia, Nicaragua, Pakistan, Peru, Rwanda, Sudan, or Zaire 
except as provided through the regular notification procedures of the 
Committees on Appropriations: Provided, That this section shall not 
apply to funds appropriated by this Act to carry out the provisions of 
chapter 1 of part I of the Foreign Assistance Act of 1961 that are made 
available for El Salvador and Nicaragua.

              definition of program, project, and activity

    Sec. 521. For the purpose of this Act, ``program, project, and 
activity'' shall be defined at the Appropriations Act account level and 
shall include all Appropriations and Authorizations Acts earmarks, 
ceilings, and limitations with the exception that for the following 
accounts: Economic Support Fund and Foreign Military Financing Program, 
``program, project, and activity'' shall also be considered to include 
country, regional, and central program level funding within each such 
account; for the development assistance accounts of the Agency for 
International Development ``program, project, and activity'' shall also 
be considered to include central program level funding, either as (1) 
justified to the Congress, or (2) allocated by the executive branch in 
accordance with a report, to be provided to the Committees on 
Appropriations within thirty days of enactment of this Act, as required 
by section 653(a) of the Foreign Assistance Act of 1961.

          family planning, child survival and aids activities

    Sec. 522. Up to $8,000,000 of the funds made available by this Act 
for assistance for family planning, health, child survival, and AIDS, 
may be used to reimburse United States Government agencies, agencies of 
State governments, institutions of higher learning, and private and 
voluntary organizations for the full cost of individuals (including for 
the personal services of such individuals) detailed or assigned to, or 
contracted by, as the case may be, the Agency for International 
Development for the purpose of carrying out family planning activities, 
child survival activities and activities relating to research on, and 
the treatment and control of, acquired immune deficiency syndrome in 
developing countries: Provided, That such individuals shall not be 
included within any personnel ceiling 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 ``1994'' and inserting in lieu thereof ``1995''.

                notification on excess defense equipment

    Sec. 525. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 
1961, the Department of Defense shall notify the Committees on 
Appropriations to the same extent and under the same conditions as are 
other committees pursuant to subsection (c) of that section: Provided, 
That before issuing a letter of offer to sell excess defense articles 
under the Arms Export Control Act, the Department of Defense shall 
notify the Committees on Appropriations in accordance with the regular 
notification procedures of such Committees: Provided further, That such 
Committees shall also be informed of the original acquisition cost of 
such defense articles.

                       authorization requirement

    Sec. 526. Funds appropriated by this Act may be obligated and 
expended subject to section 10 of Public Law 91-672 and section 15 of 
the State Department Basic Authorities Act of 1956.

                            depleted uranium

    Sec. 527. None of the funds provided in this or any other Act may 
be made available to facilitate in any way the sale of M-833 antitank 
shells or any comparable antitank shells containing a depleted uranium 
penetrating component to any country other than (1) countries which are 
members of NATO, (2) countries which have been designated as a major 
non-NATO ally for purposes of section 1105 of the National Defense 
Authorization Act for Fiscal Year 1987 or, (3) Taiwan: Provided, That 
funds may be made available to facilitate the sale of such shells 
notwithstanding the limitations of this section if the President 
determines that to do so is in the national security interest of the 
United States.

   opposition to assistance to terrorist countries by international 
                         financial institutions

    Sec. 528. (a) Instructions for United States Executive Directors.--
The Secretary of the Treasury shall instruct the United States 
Executive Director of each international financial institution 
designated in subsection (b), and the Administrator of the Agency for 
International Development shall instruct the United States Executive 
Director of the International Fund for Agriculture Development, to use 
the voice and vote of the United States to oppose any loan or other use 
of the funds of the respective institution to or for a country for 
which the Secretary of State has made a determination under section 
6(j) of the Export Administration Act of 1979.
    (b) Definition.--For purposes of this section, the term 
``international financial institution'' includes--
            (1) the International Bank for Reconstruction and 
        Development, the International Development Association, and the 
        International Monetary Fund; and
            (2) wherever applicable, the Inter-American Development 
        Bank, the Asian Development Bank, the African Development Bank, 
        the African Development Fund, and the European Bank for 
        Reconstruction and Development.

       prohibition on bilateral assistance to terrorist countries

    Sec. 529. (a) Notwithstanding any other provision of law, funds 
appropriated for bilateral assistance under any heading of this Act and 
funds appropriated under any such heading in a provision of law enacted 
prior to enactment of this Act, shall not be made available to any 
country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism, or
            (2) otherwise supports international terrorism.
    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least fifteen days before 
the waiver takes effect, shall notify the Committees on Appropriations 
of the waiver (including the justification for the waiver) in 
accordance with the regular notification procedures of the Committees 
on Appropriations.

                 commercial leasing of defense articles

    Sec. 530. Notwithstanding any other provision of law, and subject 
to the regular notification requirements of the Committees on 
Appropriations, the authority of section 23(a) of the Arms Export 
Control Act may be used to provide financing to Israel and Egypt and 
NATO and major non-NATO allies for the procurement by leasing 
(including leasing with an option to purchase) of defense articles from 
United States commercial suppliers, not including Major Defense 
Equipment (other than helicopters and other types of aircraft having 
possible civilian application), if the President determines that there 
are compelling foreign policy or national security reasons for those 
defense articles being provided by commercial lease rather than by 
government-to-government sale under such Act.

                         competitive insurance

    Sec. 531. All Agency for International Development contracts and 
solicitations, and subcontracts entered into under such contracts, 
shall include a clause requiring that United States 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 ``$200,000,000 for stockpiles in Israel for 
fiscal year 1994'' and inserting in lieu thereof ``a total of 
$200,000,000 for stockpiles in Israel for fiscal years 1994 and 1995, 
up to $40,000,000 may be made available for stockpiles in the Republic 
of Korea, and up to $10,000,000 may be made available for stockpiles in 
Thailand for fiscal year 1995''.

                           separate accounts

    Sec. 536. (a) Separate Accounts for Local Currencies.--(1) If 
assistance is furnished to the government of a foreign country under 
chapters 1 and 10 of part I (including the Philippines Multilateral 
Assistance Initiative) or chapter 4 of part II of the Foreign 
Assistance Act of 1961 under agreements which result in the generation 
of local currencies of that country, the Administrator of the Agency 
for International Development shall--
            (A) require that local currencies be deposited in a 
        separate account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                    (i) the amount of the local currencies to be 
                generated, and
                    (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent 
                with this section; and
            (C) establish by agreement with that government the 
        responsibilities of the Agency for International Development 
        and that government to monitor and account for deposits into 
        and disbursements from the separate account.
    (2) Uses of Local Currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local 
currencies, shall be used only--
            (A) to carry out chapters 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                    (i) project and sector assistance activities, or
                    (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United 
        States Government.
    (3) Programming Accountability.--The Agency for International 
Development shall take all appropriate steps to ensure that the 
equivalent of the local currencies disbursed pursuant to subsection 
(a)(2)(A) from the separate account established pursuant to subsection 
(a)(1) are used for the purposes agreed upon pursuant to subsection 
(a)(2).
    (4) Termination of Assistance Programs.--Upon termination of 
assistance to a country under chapters 1 or 10 of part I or chapter 4 
of part II (as the case may be), any unencumbered balances of funds 
which remain in a separate account established pursuant to subsection 
(a) shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
    (5) Conforming Amendments.--The provisions of this subsection shall 
supersede the tenth and eleventh provisos contained under the heading 
``Sub-Saharan Africa, Development Assistance'' as included in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 and sections 531(d) and 609 of the Foreign 
Assistance Act of 1961.
    (b) Separate Accounts for Cash Transfers.--(1) If assistance is 
made available to the government of a foreign country, under chapters 1 
or 10 of part I (including the Philippines Multilateral Assistance 
Initiative) or chapter 4 of part II of the Foreign Assistance Act of 
1961, as cash transfer assistance or as nonproject sector assistance, 
that country shall be required to maintain such funds in a separate 
account and not commingle them with any other funds.
    (2) Applicability of Other Provisions of Law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the 
Committee of Conference accompanying House Joint Resolution 648 (H. 
Report No. 98-1159).
    (3) Notification.--At least fifteen days prior to obligating any 
such cash transfer or nonproject sector assistance, the President shall 
submit a notification through the regular notification procedures of 
the Committees on Appropriations, which shall include a detailed 
description of how the funds proposed to be made available will be 
used, with a discussion of the United States interests that will be 
served by the assistance (including, as appropriate, a description of 
the economic policy reforms that will be promoted by such assistance).
    (4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the 
notification procedures of the Committees on Appropriations.

  compensation for united states executive directors to international 
                         financial institutions

    Sec. 537. (a) No funds appropriated by this Act may be made as 
payment to any international financial institution while the United 
States Executive Director to such institution is compensated by the 
institution at a rate which, together with whatever compensation such 
Director receives from the United States, is in excess of the rate 
provided for an individual occupying a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code, 
or while any alternate United States Director to such institution is 
compensated by the institution at a rate in excess of the rate provided 
for an individual occupying a position at level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
    (b) For purposes of this section, ``international financial 
institutions'' are: the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development Fund, the African Development Bank, the 
African Development Fund, the International Monetary Fund, and the 
European Bank for Reconstruction and Development.

         compliance with united nations sanctions against iraq

    Sec. 538. (a) Denial of Assistance.--None of the funds appropriated 
or otherwise made available pursuant to this Act to carry out the 
Foreign Assistance Act of 1961 (including title IV of chapter 2 of part 
I, relating to the Overseas Private Investment Corporation) or the Arms 
Export Control Act may be used to provide assistance to any country 
that is not in compliance with the United Nations Security Council 
sanctions against Iraq 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. 539. (a) Notwithstanding any other provision of law, the 
President may direct the drawdown, without reimbursement by the 
recipient, of defense articles from the stocks of the Department of 
Defense, defense services of the Department of Defense, and military 
education and training, of an aggregate value not to exceed $15,000,000 
in fiscal year 1995, as may be necessary to carry out subsection (b).
    (b) Such defense articles, services and training may be provided to 
Cambodia and Laos, under subsection (a) as the President determines are 
necessary to support efforts to locate and repatriate members of the 
United States Armed Forces and civilians employed directly or 
indirectly by the United States Government who remain unaccounted for 
from the Vietnam War, and to ensure the safety of United States 
Government personnel engaged in such cooperative efforts and to support 
United States Department of Defense-sponsored humanitarian projects 
associated with the POW/MIA efforts. Any aircraft shall be provided 
under this section only to Laos and only on a lease or loan basis, but 
may be provided at no cost notwithstanding section 61 of the Arms 
Export Control Act and may be maintained with defense articles, 
services and training provided under this section.
    (c) The President shall, within sixty days of the end of any fiscal 
year in which the authority of subsection (a) is exercised, submit a 
report to the Congress which identifies the articles, services, and 
training drawn down under this section.
    (d) There are authorized to be appropriated to the President such 
sums as may be necessary to reimburse the applicable appropriation, 
fund, or account for defense articles, defense services, and military 
education and training provided under this section.

                 mediterranean excess defense articles

    Sec. 540. During fiscal year 1995, the provisions of section 573(e) 
of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990, shall be applicable, for the period specified 
therein, to excess defense articles made available under sections 516 
and 519 of the Foreign Assistance Act of 1961.

                     priority delivery of equipment

    Sec. 541. Notwithstanding any other provision of law, the delivery 
of excess defense articles that are to be transferred on a grant basis 
under section 516 of the Foreign Assistance Act to NATO allies and to 
major non-NATO allies on the southern and southeastern flank of NATO 
shall be given priority to the maximum extent feasible over the 
delivery of such excess defense articles to other countries.

                            israel drawdown

    Sec. 542. Section 599B(a) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1991 (as amended by 
Public Law 102-145, as amended, and Public Law 102-391), is further 
amended--
            (a) by striking out ``fiscal year 1994'' and inserting in 
        lieu thereof ``fiscal year 1995'';
            (b) by striking out ``Appropriations Act, 1994'' and 
        inserting in lieu thereof ``Appropriations Act, 1995''; and
            (c) by striking out ``$700,000,000'' and inserting in lieu 
        thereof ``$775,000,000''.

                          cash flow financing

    Sec. 543. For each country that has been approved for cash flow 
financing (as defined in section 25(d) of the Arms Export Control Act, 
as added by section 112(b) of Public Law 99-83) under the Foreign 
Military Financing Program, any Letter of Offer and Acceptance or other 
purchase agreement, or any amendment thereto, for a procurement in 
excess of $100,000,000 that is to be financed in whole or in part with 
funds made available under this Act shall be submitted through the 
regular notification procedures to the Committees on Appropriations.

authorities for the peace corps, the inter-american foundation and the 
                     african development foundation

    Sec. 544. Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for foreign operations, export 
financing, and related programs, shall not be construed to prohibit 
activities authorized by or conducted under the Peace Corps Act, the 
Inter-American Foundation Act, or the African Development Foundation 
Act. The appropriate agency shall promptly report to the Committees on 
Appropriations whenever it is conducting activities or is proposing to 
conduct activities in a country for which assistance is prohibited.

                  impact on jobs in the united states

    Sec. 545. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (a) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States;
            (b) assistance for the purpose of establishing or 
        developing in a foreign country any export processing zone or 
        designated area in which the tax, tariff, labor, environment, 
        and safety laws of that country do not apply, in part or in 
        whole, to activities carried out within that zone or area, 
        unless the President determines and certifies that such 
        assistance is not likely to cause a loss of jobs within the 
        United States; or
            (c) assistance for any project or activity that contributes 
        to the violation of internationally recognized workers rights, 
        as defined in section 502(a)(4) of the Trade Act of 1974, of 
        workers in the recipient country, including any designated zone 
        or area in that country: Provided, That in recognition that the 
        application of this subsection should be commensurate with the 
        level of development of the recipient country and sector, the 
        provisions of this subsection shall not preclude assistance for 
        the informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.

                 authority to assist bosnia-hercegovina

    Sec. 546. (a) Congress finds as follows:
            (1) The United Nations has imposed an embargo on the 
        transfer of arms to any country on the territory of the former 
        Yugoslavia.
            (2) The federated states of Serbia and Montenegro have a 
        large supply of military equipment and ammunition and the 
        Serbian forces fighting the government of Bosnia-Hercegovina 
        have more than one thousand battle tanks, armored vehicles, and 
        artillery pieces.
            (3) Because the United Nations arms embargo is serving to 
        sustain the military advantage of the aggressor, the United 
        Nations should exempt the government of Bosnia-Hercegovina from 
        its embargo.
    (b) Pursuant to a lifting of the United Nations arms embargo, or to 
a unilateral lifting of the arms embargo by the President of the United 
States, against Bosnia-Hercegovina, the President is authorized to 
transfer 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 1995: 
Provided, That the President certifies in a timely fashion to the 
Congress that--
            (1) the transfer of such articles would assist that nation 
        in self-defense and thereby promote the security and stability 
        of the region; and
            (2) United States allies are prepared to join in such a 
        military assistance effort.
    (c) Within 60 days of any transfer under the authority provided in 
subsection (b), and every 60 days thereafter, the President shall 
report in writing to the Speaker of the House of Representatives and 
the President pro tempore of the Senate concerning the articles 
transferred and the disposition thereof.
    (d) There are authorized to be appropriated to the President such 
sums as may be necessary to reimburse the applicable appropriation, 
fund, or account for defense articles provided under this section.
    (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. 547. (a) Funds appropriated in title II of this Act that are 
made available for Haiti, Afghanistan, Lebanon, and Cambodia, and for 
victims of war, displaced children, displaced Burmese, humanitarian 
assistance for Romania, and humanitarian assistance for the peoples of 
Bosnia-Hercegovina, Croatia, and Kosova, may be made available 
notwithstanding any other provision of law: Provided, That any such 
funds that are made available for Cambodia shall be subject to the 
provisions of section 531(e) of the Foreign Assistance Act of 1961 and 
section 906 of the International Security and Development Cooperation 
Act of 1985: Provided further, That the President shall terminate 
assistance to any 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 1995, the President may use up to 
$50,000,000 under the authority of section 451 of the Foreign 
Assistance Act of 1961, notwithstanding the funding ceiling contained 
in subsection (a) of that section.
    (d) The Agency for International Development may employ personal 
services contractors, notwithstanding any other provision of law, for 
the purpose of administering programs for the West Bank and Gaza.

        policy on terminating the arab league boycott of israel

    Sec. 548. (a) Findings.--The Congress finds that--
            (1) since 1948 the Arab countries have maintained a primary 
        boycott against Israel, refusing to do business with Israel;
            (2) since the early 1950s the Arab League has maintained a 
        secondary and tertiary boycott against American and other 
        companies that have commercial ties with Israel;
            (3) the boycott seeks to coerce American firms by 
        blacklisting those that do business with Israel and harm 
        America's competitiveness;
            (4) the United States has a longstanding policy opposing 
        the Arab League boycott and United States law prohibits 
        American firms from providing information to Arab countries to 
        demonstrate compliance with the boycott;
            (5) with real progress being made in the Middle East peace 
        process and the serious confidence-building measures taken by 
        the State of Israel an end to the Arab boycott of Israel and of 
        American companies that have commercial ties with Israel is 
        long overdue and would represent a significant confidence-
        building measure; and
            (6) in the interest of Middle East peace and free commerce, 
        the President must take more concrete steps to press the Arab 
        states to end their practice of blacklisting and boycotting 
        American companies that have trade ties with Israel.
    (b) Policy.--It is the sense of the Congress that--
            (1) the Arab League countries should immediately and 
        publicly renounce the primary boycott of Israel and the 
        secondary and tertiary boycott of American firms that have 
        commercial ties with Israel and
            (2) the President should--
                    (A) take more concrete steps to encourage 
                vigorously Arab League countries to renounce publicly 
                the primary boycotts of Israel and the secondary and 
                tertiary boycotts of American firms that have 
                commercial relations with Israel as a confidence-
                building measure;
                    (B) take into consideration the participation of 
                any recipient country in the primary boycott of Israel 
                and the secondary and tertiary boycotts of American 
                firms that have commercial relations with Israel when 
                determining whether to sell weapons to said country;
                    (C) report to Congress on the specific steps being 
                taken by the President to bring about a public 
                renunciation of the Arab primary boycott of Israel and 
                the secondary and tertiary boycotts of American firms 
                that have commercial relations with Israel; and
                    (D) encourage the allies and trading partners of 
                the United States to enact laws prohibiting businesses 
                from complying with the boycott and penalizing 
                businesses that do comply.

                       anti-narcotics activities

    Sec. 549. (a) Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', assistance may be provided to 
strengthen the administration of justice in countries in Latin America 
and the Caribbean in accordance with the provisions of section 534 of 
the Foreign Assistance Act of 1961, except that programs to enhance 
protection of participants in judicial cases may be conducted 
notwithstanding section 660 of that Act.
    (b) 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. 550. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1 and 
10 of part I of the Foreign Assistance Act of 1961: Provided, That the 
President shall take into consideration, in any case in which a 
restriction on assistance would be applicable but for this subsection, 
whether assistance in support of programs of nongovernmental 
organizations is in the national interest of the United States: 
Provided further, That before using the authority of this subsection to 
furnish assistance in support of programs of nongovernmental 
organizations, the President shall notify the Committees on 
Appropriations under the 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 1995, restrictions 
contained in this or any other Act with respect to assistance for a 
country shall not be construed to restrict assistance under titles I 
and II of the Agricultural Trade Development and Assistance Act of 
1954: Provided, That none of the funds appropriated to carry out title 
I of such Act and made available pursuant to this subsection may be 
obligated or expended except as provided through the regular 
notification procedures of the Committees on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 529 of this Act or any 
        comparable provision of law prohibiting assistance to countries 
        that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that violate internationally recognized 
        human rights.

                                earmarks

    Sec. 551. (a) Funds appropriated by this Act which are earmarked 
may be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is made 
impossible by operation of any provision of this or any other Act or, 
with respect to a country with which the United States has an agreement 
providing the United States with base rights or base access in that 
country, if the President determines that the recipient for which funds 
are earmarked has significantly reduced its military or economic 
cooperation with the United States since enactment of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1991; however, before exercising the authority of this subsection with 
regard to a base rights or base access country which has significantly 
reduced its military or economic cooperation with the United States, 
the President shall consult with, and shall provide a written policy 
justification to the Committees on Appropriations: Provided, That any 
such reprogramming shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
assistance that is reprogrammed pursuant to this subsection shall be 
made available under the same terms and conditions as originally 
provided.
    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the Agency for International Development that are 
earmarked for particular programs or activities by this or any other 
Act shall be extended for an additional fiscal year if the 
Administrator of such agency determines and reports promptly to the 
Committees on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it unlikely that 
such earmarked funds can be obligated during the original period of 
availability: Provided, That such earmarked funds that are continued 
available for an additional fiscal year shall be obligated only for the 
purpose of such earmark.

                         ceilings and earmarks

    Sec. 552. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent Act unless such Act specifically so 
directs.

                        excess defense articles

    Sec. 553. The authority of section 519 of the Foreign Assistance 
Act of 1961, as amended, may be used in fiscal year 1994 to provide 
nonlethal excess defense articles to countries for which 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.

                 prohibition on publicity or propaganda

    Sec. 554. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before the date of enactment of this Act by the 
Congress.

                       disadvantaged enterprises

    Sec. 555. (a) Except to the extent that the Administrator of the 
Agency for International Development determines otherwise, not less 
than 10 percent of the aggregate amount made available for the current 
fiscal year for the ``Development Assistance Fund'', ``Population, 
Development Assistance'', and the ``Development Fund for Africa'' shall 
be made available only for activities of United States organizations 
and individuals that are--
            (1) business concerns owned and controlled by socially and 
        economically disadvantaged individuals,
            (2) historically black colleges and universities,
            (3) colleges and universities having a student body in 
        which more than 40 per centum of the students are Hispanic 
        American, and
            (4) private voluntary organizations which are controlled by 
        individuals who are socially and economically disadvantaged.
    (b)(1) In addition to other actions taken to carry out this 
section, the actions described in paragraphs (2) through (5) shall be 
taken with respect to development assistance and assistance for sub-
Saharan Africa for the current fiscal year.
    (2) Notwithstanding any other provision of law, in order to achieve 
the goals of this section, the Administrator--
            (A) to the maximum extent practicable, shall utilize the 
        authority of section 8(a) of the Small Business Act (15 U.S.C. 
        637(a));
            (B) to the maximum extent practicable, shall enter into 
        contracts with small business concerns owned and controlled by 
        socially and economically disadvantaged individuals, and 
        organizations contained in paragraphs (2) through (4) of 
        subsection (a)--
                    (i) using less than full and open competitive 
                procedures under such terms and conditions as the 
                Administrator deems appropriate, and
                    (ii) using an administrative system for 
                justifications and approvals that, in the 
                Administrator's discretion, may best achieve the 
                purpose of this section; and
            (C) shall issue regulations to require that any contract in 
        excess of $500,000 contain a provision requiring that no less 
        than 10 per centum of the dollar value of the contract be 
        subcontracted to entities described in subsection (a), except--
                    (i) to the extent the Administrator determines 
                otherwise on a case-by-case or category-of-contract 
                basis; and
                    (ii) this subparagraph does not apply to any prime 
                contractor that is an entity described in subsection 
                (a).
    (3) Each person with contracting authority who is attached to the 
Agency's headquarters in Washington, as well as all Agency missions and 
regional offices, shall notify the Agency's Office of Small and 
Disadvantaged Business Utilization at least seven business days before 
advertising a contract in excess of $100,000, except to the extent that 
the Administrator determines otherwise on a case-by-case or category-
of-contract basis.
    (4) The Administrator shall include, as part of the performance 
evaluation of any mission director of the agency, the mission 
director's efforts to carry out this section.
    (5) The Administrator shall submit to the Congress annual reports 
on the implementation of this section. Each such report shall specify 
the number and dollar value or amount (as the case may be) of prime 
contracts, subcontracts, grants, and cooperative agreements awarded to 
entities described in subsection (a) during the preceding fiscal year.
    (c) As used in this section, the term ``socially and economically 
disadvantaged individuals'' has the same meaning that term is given for 
purposes of section 8(d) of the Small Business Act, except that the 
term includes women.

                       use of american resources

    Sec. 556. To the maximum extent possible, assistance provided under 
this Act should make full use of American resources, including 
commodities, products, and services.

                limitations on assistance for nicaragua

    Sec. 557. (a) Funds appropriated by this Act under the heading 
``Economic Support Fund'' may only be made available to the Government 
of Nicaragua upon the notification, in writing, by the Secretary of 
State to the appropriate committees that he has determined that 
significant and tangible progress is being made by the Government of 
Nicaragua toward--
            (1) the prosecution of any individual identified as part of 
        a terrorist/kidnapping ring by the investigation of issues 
        raised by the discovery, after the May 23 explosion in Managua, 
        of weapons caches, false passports, identity papers and other 
        documents, suggesting the existence of such a ring, including 
        all government officials (including any members of the armed 
        forces or security forces);
            (2) the resolution of expropriation claims and the 
        effective compensation of legitimate claims;
            (3) the timely implementation of recommendations made by 
        the Tripartite Commission as it undertakes to review and 
        identify those responsible for gross human rights violations, 
        including the expeditious prosecution of individuals identified 
        by the commission in connection with such violations;
            (4) the enactment into law of legislation to reform the 
        Nicaraguan military and security forces in order to guarantee 
        civilian control over the armed forces;
            (5) the establishment of civilian control over the police, 
        and the independence of the police from the military; and
            (6) the effective reform of the Nicaraguan judicial system.
    (b) The notification pursuant to subsection (a) above shall include 
a detailed listing of the tangible evidence that forms the basis for 
such determination.
    (c) For purposes of this section, the term ``appropriate 
committees'' means the Committees on Foreign Relations and 
Appropriations of the Senate and Committees on Foreign Affairs and 
Appropriations of the House of Representatives.

           prohibition of payments to united nations members

    Sec. 558. None of the funds appropriated or made available pursuant 
to this Act for carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations.

                          consulting services

    Sec. 559. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 
section 3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order pursuant to existing 
law.

             private voluntary organizations--documentation

    Sec. 560. None of the funds appropriated or made available pursuant 
to this Act shall be available to a private voluntary organization 
which fails to provide upon timely request any document, file, or 
record necessary to the auditing requirements of the Agency for 
International Development, nor shall any of the funds appropriated by 
this Act be made available to any private voluntary organization which 
is not registered with the Agency for International Development.

                  special debt relief for the poorest

    Sec. 561. (a)(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.

                               guarantees

    Sec. 562. Section 251(b)(2)(G) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 is amended by striking ``1994'' and 
inserting in lieu thereof ``1994 and 1995'' in both places that this 
appears.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    Sec. 563. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 40(d) of the Arms Export Control Act. The 
prohibition under this section with respect to a foreign government 
shall terminate 12 months after that government ceases to provide such 
military equipment. This section applies with respect to lethal 
military equipment provided under a contract entered into after the 
date of enactment of this Act.
    (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    (c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance to be 
provided, including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States national 
interests.

 withholding of assistance for parking fines owed by foreign countries

    Sec. 564. (a) In General.--Of the funds made available for a 
foreign country under part I of the Foreign Assistance Act of 1961, an 
amount equivalent to 110 percent of the total unpaid fully adjudicated 
parking fines and penalties owed to the District of Columbia by such 
country as of the date of enactment of this Act shall be withheld from 
obligation for such country until the Secretary of State certifies and 
reports in writing to the appropriate congressional committees that 
such fines and penalties are fully paid to the government of the 
District of Columbia.
    (b) Definition.--For purposes of this section, the term 
``appropriate congressional committees'' means the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and the 
Committee on Foreign Affairs and the Committee on Appropriations of the 
House of Representatives.

    limitation on assistance for the plo for the west bank and gaza

    Sec. 565. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation Organization for 
the West Bank and Gaza unless the President has exercised the authority 
under section 583(a) of the Middle East Peace Facilitation Act of 1994 
(part E of title V of Public Law 103-236) or any other legislation to 
suspend or make inapplicable section 307 of the Foreign Assistance Act 
of 1961 and that suspension is still in effect: Provided, That if the 
President fails to make the certification under section 583(b)(2) of 
the Middle East Peace Facilitation Act or to suspend the prohibition 
under other legislation, funds appropriated by this Act may not be 
obligated for assistance for the Palestine Liberation Organization for 
the West Bank and Gaza unless the President determines that it is in 
the national interest to do so and so reports to the Congress.

                         procurement reduction

    Sec. 566. (a) Of the budgetary resources available to the Agency 
for International Development during fiscal year 1995, $1,598,000 are 
permanently canceled.
    (b) The Administrator of the Agency for International Development 
shall allocate the amount of budgetary resources canceled among the 
Agency's accounts available for procurement and procurement-related 
expenses. Amounts available for procurement and procurement-related 
expenses in each such account shall be reduced by the amount allocated 
to such account.
    (c) For the purposes of this section, the definition of 
``procurement'' includes all stages of the process of acquiring 
property or services, beginning with the process of determining a need 
for a product or services and ending with contract completion and 
closeout, as specified in section 403(a)(2) of title 41, United States 
Code.

           implementation of wapenhans report recommendations

    Sec. 567. Funds appropriated by title I of this Act under the 
headings ``Contribution to the International Bank for Reconstruction 
and Development'', ``Contribution to the International Development 
Association'', and ``Contribution to the International Finance 
Corporation'' shall not be available for payment to any such 
institution unless the Secretary of the Treasury (1) determines that 
the recommendations contained in the report entitled Report of the 
Portfolio Management Task Force (commonly referred to as the 
``Wapenhans Report'') continue to be implemented, and (2) reports that 
determination to the Committee on Appropriations and the Committee on 
Banking, Finance and Urban Affairs of the House of Representatives and 
the Committee on Appropriations and the Committee on Foreign Relations 
of the Senate.

                  restrictions on assistance to russia

    Sec. 568. (a) Restriction.--None of the funds appropriated or 
otherwise made available by this Act may be obligated for assistance 
for the Government of Russia after December 31, 1994, unless it has 
been made known to the President that all armed forces of Russia and 
the Commonwealth of Independent States have been removed from all 
Baltic countries or that the status of those armed forces have been 
otherwise resolved by mutual agreement of the parties.
    (b) Exemption.--Subsection (a) does not apply to assistance that 
involves the provision of student exchange programs, food, clothing, 
medicine, or other humanitarian assistance or to housing assistance for 
officers of the armed forces of Russia or the Commonwealth of 
Independent States who are removed from the territory of Estonia, 
Latvia, and Lithuania.
    (c) Waiver.--Subsection (a) does not apply if after December 31, 
1994, the President determines that the provision of funds to the 
Government of Russia is in the national interest.

 additional limitation on funds to ensure implementation of wapenhans 
                         report recommendations

    Sec. 569. (a) Limitation on Amounts Available Before April 1, 
1995.--If amounts appropriated by title I become available pursuant to 
section 567--
            (1) not more than $30,000,000 shall be available for 
        obligation before April 1, 1995, for ``Contribution to the 
        International Bank for Reconstruction and Development'' for 
        payment for contribution to the Global Environment Facility;
            (2) not more than $1,024,332,000 shall be available for 
        obligation before April 1, 1995, for ``Contribution to the 
        International Development Association''; and
            (3) not more than $35,761,500 shall be available for 
        obligation before April 1, 1995, for ``Contribution to the 
        International Finance Corporation''.
    (b) Requirements for Availability of Additional Amounts.--No amount 
in excess of any sum specified in subsection (a) with respect to an 
account or activity shall become available on or after April 1, 1995, 
unless the Secretary of the Treasury--
            (1) determines that the recommendations contained in the 
        report entitled Report of the Portfolio Management Task Force 
        (commonly referred to as the ``Wapenhans Report'') continue to 
        be implemented as of such date;
            (2) reports such determination to the Committee on 
        Appropriations and the Committee on Banking, Finance and Urban 
        Affairs of the House of Representatives and the Committee on 
        Appropriations and the Committee on Foreign Relations of the 
        Senate; and
            (3) complies with the regular notification procedures of 
        the Committee on Appropriations.

            purchase of american-made equipment and products

    Sec. 570. (a) Sense of Congress.--It is the sense of the Congress 
that, to the greatest extent practicable all equipment and products 
purchased with funds made available in this Act should be American-
made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency shall provide, to the 
greatest extent practicable, to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1995''.

            Passed the House of Representatives May 25, 1994.

            Attest:






                                                                 Clerk.
                                     







103d CONGRESS

  2d Session

                               H.R. 4426

_______________________________________________________________________

                                 AN ACT

  Making appropriations for foreign operations, export financing, and 
    related programs for the fiscal year ending September 30, 1995.