Public Law 103–306
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995
Link to Budget-Related Text: Pub. L. 103–306, title V, §562, Aug. 23, 1994, 108 Stat. 1649 (Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995)
Link to Statutes-At-Large Text: Pub. L. 103–306, title V, Aug. 23, 1994, 108 Stat. 1608
Public Law: Pub. L. 103–306
Enacted: Aug. 23, 1994
Stat. At Large: 108 Stat. 1608
Bill Number: H.R. 4426 (103rd Congress, 2nd Session)
Sponsor: Rep. Obey, David R. [D-WI-7]
Note: Section 562 of this Act modified section 251(b)(2)(G), which removed international loan guarantees to Israel from being subject to the discretionary spending limits by adding “1995” to “1994” — extending it by an additional year. This exemption was later extended for fiscal year 1997 by the Pub. L. 104-208, the Omnibus Consolidated Appropriations Act, 1997.
Applicable Text of Statute
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.
[From Section 562 of Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Pub. L. 103-306, 108 Stat. 1608)]
Summary of the Congressional Research Service
Conference report filed in House (08/01/1994)
TABLE OF CONTENTS:
Title I: Multilateral Economic Assistance
Title II: Bilateral Economic Assistance
Title III: Military Assistance
Title IV: Export Assistance
Title V: General Provisions
Title VI: Fiscal Year 1994 Supplemental Appropriations
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 – Title I: Multilateral Economic Assistance – Makes appropriations for FY 1995 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank); (2) International Development Association (IDA); (3) International Finance Corporation (IFC); (4) Inter-American Development Bank; (5) Enterprise for the Americas Multilateral Investment Fund; (6) Asian Development Fund; (7) African Development Fund; (8) African Development Bank; (9) European Bank for Reconstruction and Development; and (10) Interest Subsidy Account of the Enhanced Structural Adjustment Facility of the International Monetary Fund (IMF). Limits certain callable capital subscriptions.
Requires a certification to the Committees on Appropriations that the World Bank has not approved any loans to Iran since October 1, 1994, unless the President certifies that withholding these funds is contrary to the national interest.
Makes appropriations for FY 1995 for international programs and organizations. Sets certain restrictions on international organization funding, including a prohibition on United Nations Population Fund monies being available for China.
Title II: Bilateral Economic Assistance – Makes appropriations for FY 1995 for: (1) specified development assistance; (2) international disaster relief; (3) debt restructuring; (4) the Private Sector Revolving Fund; (5) the housing guaranty program; (6) the Foreign Service Retirement and Disability Fund; (7) operating expenses of the Agency for International Development (AID) and the AID Office of the Inspector General; (8) the Economic Support Fund (ESF); (9) the International Fund for Ireland; (10) economic assistance for Eastern Europe and the Baltic States; and (11) assistance for the new independent states of the former Soviet Union.
Bars funding for abortion as a method of family planning or for involuntary sterilizations.
Prohibits ESF assistance for Zaire and limits amounts available for tied-aid credits.
Prohibits assistance to Russia: (1) unless it is making progress in implementing specified economic reforms; and (2) if such government applies or transfers U.S. assistance to any entity for purposes of expropriating or seizing ownership or control of assets, investments, or ventures. Prohibits: (1) assistance to any independent state that directs actions in violation of the territorial integrity or national sovereignty of any other new independent state; or (2) the use of assistance by any state to enhance its military capability.
Earmarks funding for a family planning program for the new independent states and for other specified activities, including police training and exchanges in Eastern Europe and the Baltic States.
Makes appropriations for FY 1995 for: (1) the African Development Foundation; (2) the Inter-American Foundation; (3) the Peace Corps; (4) international narcotics control; (5) migration and refugee assistance; (6) anti-terrorism assistance; and (7) the Nonproliferation and Disarmament Fund (permits the Fund to be used for countries other than the new independent states when in the national interest).
Title III: Military Assistance – Makes appropriations for FY 1995 for: (1) international military education and training (IMET); (2) the military-to-military contact program; (3) foreign military financing; and (4) peacekeeping operations.
Prohibits IMET funding for Indonesia, Rwanda and Zaire.
Requires a report to the Appropriations Committees on 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.
Directs the Secretary of State to report to the Appropriations Committees on the Thai military’s support for the Khmer Rouge and the Thai Government’s efforts to impede support for Burmese democracy advocates, exiles, and refugees.
Withholds specified amounts of loans from Greece and Turkey until the Secretary reports on allegations of: (1) abuses against civilians by the Turkish armed forces and the situation in Cyprus; and (2) Greek violations of the United Nations sanctions against Serbia and of the United Nations Charter.
Prohibits foreign military financing for Zaire, Sudan, Liberia, Guatemala, and Peru. Prohibits such financing for Colombia or Bolivia until the Secretary certifies that such funds will be used primarily for counternarcotics activities.
Prohibits the use of financing funds and the use of any Defense Security Assistance Agency employee to facilitate the transport of aircraft to commercial arms sales shows.
Title IV: Export Assistance – Makes appropriations for FY 1995 for: (1) Export-Import Bank programs, including direct loans, loan guarantees, tied-aid grants, and administrative expenses; (2) Overseas Private Investment Corporation direct and guaranteed loan programs; and (3) the Trade and Development Agency.
Title V: General Provisions – Bars the use of funds to: (1) finance direct assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Serbia, Sudan, or Syria; (2) finance assistance to any country whose elected head of government is deposed by military coup; (3) furnish assistance to any country in default in excess of a year on payments on a U.S. loan (exempts Nicaragua and narcotics-related assistance for Colombia, Bolivia, and Peru); (4) finance assistance for certain commodities which could injure or compete with U.S. producers of a similar commodity, with exceptions; and (5) carry out certain activities in connection with import-sensitive articles.
(Sec. 516) Prohibits the use of international organization funds for the Palestine Liberation Organization (PLO), Cuba, Libya, Iran, and certain Communist countries.
Prohibits voluntary or assessed contributions to the United Nations or any affiliated organization that grants full membership as a state to any group that does not have the internationally recognized attributes of statehood.
(Sec. 523) Bars indirect funding to Cuba, Iraq, Libya, Iran, Syria, North Korea, or China unless the President certifies that the withholding of such funds is contrary to the national interest.
(Sec. 524) Amends the Arms Export Control Act to extend the President’s waiver authority with respect to reciprocal leasing through FY 1995.
(Sec. 526) Authorizes appropriations for specified contributions to the Inter-American Development Bank and the successor to the Enhanced Structural Adjustment Facility of the IMF.
Amends the International Financial Institutions Act to require the Secretary of the Treasury to instruct the U.S. executive directors of the international financial institutions to: (1) consider the extent of military expenditures by a country when considering whether to support loan assistance; and (2) promote policies to reduce military expenditures and influence public expenditure in favor of growth and development priorities.
Requires the Secretary to instruct the U.S. executive directors of such institutions and the U.S. representative to the council of the Global Environment Facility to bring about policies to promote respect for and protection of the rights of indigenous peoples.
Requires the Secretary to instruct the U.S. executive directors of such institutions to adopt policies to encourage borrowing countries to guarantee internationally recognized worker rights.
Amends the Inter-American Development Bank Act to require the Secretary to direct the U.S. executive director of the Inter-American Development Bank to support an increased focus on the poorest countries in Latin America and the Caribbean and on poorer areas of better off countries.
(Sec. 529) Prohibits bilateral assistance funds from being made available to any country that grants sanctuary to terrorists or supports terrorism.
(Sec. 530) Authorizes the commercial leasing of defense articles to Israel and Egypt if the President determines that there are compelling foreign policy or national security reasons to do so.
(Sec. 532) Prohibits the sale of Stinger missiles to any country bordering the Persian Gulf.
(Sec. 535) Amends the Foreign Assistance Act of 1961 to make funds available for stockpiles in Israel, South Korea, and Thailand.
(Sec. 537) Prohibits payments to any international financial institution while the U.S. Executive Director to the institution is compensated at a rate in excess of that for a specified position under the Executive Schedule.
(Sec. 538) Bars assistance to any country that is not in compliance with the United Nations sanctions against Iraq, Serbia, or Montenegro unless the President certifies to the Congress that such assistance: (1) is in the national interest; (2) will directly benefit the needy people in that country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait.
Authorizes the President to prohibit the importation into the United States of any product of a foreign country that has not prohibited the importation of Iraq’s, Serbia’s, or Montenegro’s products into its customs territory and the export of its products to Iraq, Serbia, or Montenegro.
(Sec. 539) Authorizes the drawdown of defense articles, services, and training to Vietnam, Cambodia, and Laos to assist in efforts to locate members of the armed forces and U.S. civilians who remain unaccounted for from the Vietnam War.
(Sec. 545) Prohibits the use funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for developing an export processing zone or other designated area in which a country’s tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of jobs within the United States; or (3) assistance for any project that contributes to the violation of workers’ rights.
(Sec. 546) Authorizes President, pursuant to a lifting of the United Nations arms embargo against Bosnia-Hercegovina or a unilateral lifting of the embargo by the United States, to transfer defense articles and services to such country’s government without reimbursement if he certifies to the Congress that: (1) the transfer of such articles would assist that nation in self-defense and promote the security and stability of the region; and (2) U.S. allies are prepared to join in a military assistance effort.
(Sec. 547) Terminates assistance to any country or organization that the President determines is cooperating with the Khmer Rouge in military operations.
Authorizes AID to employ personal services contractors for purposes of administering programs for the West Bank and Gaza.
(Sec. 548) Expresses the sense of the Congress with respect to steps to be taken by the President to encourage renunciation of the Arab boycott of Israel.
(Sec. 549) Earmarks ESF funds for: (1) the administration of justice in Latin American and Caribbean countries; and (2) creating a professional civilian police force for Panama and for programs to improve penal institutions and the rehabilitation of offenders.
(Sec. 555) Requires a minimum amount of development assistance to be set aside for contracts with disadvantaged and minority organizations and enterprises.
(Sec. 557) Bars ESF assistance to Nicaragua until the Secretary of State reports to the appropriate committees that progress is being made by Nicaragua toward: (1) prosecution of individuals identified as part of a specified terrorist/kidnapping ring; (2) the resolution of expropriation claims; (3) the implementation of recommendations by the Tripartite Commission with respect to human rights; and (4) specified reforms regarding the military, police, and the judiciary.
(Sec. 558) Prohibits the use of funds under this Act for: (1) paying any assessments, arrearages, or dues of any member of the United Nations; or (2) any private voluntary organization which fails to make documents available for AID audits or which is not registered with AID.
(Sec. 561) Authorizes the President to reduce amounts owed to the United States by an eligible country as a result of shelter guarantees or credits or guarantees under the Arms Export Control Act. Provides such authority only for: (1) implementation of official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) countries with heavy debt burdens that are eligible to borrow from the IDA, but not from the World Bank.
(Sec. 563) Bars assistance to foreign governments that export lethal military equipment to countries supporting international terrorism, subject to presidential waivers.
(Sec. 564) Withholds assistance to a foreign country in an amount equivalent to 110 percent of the total unpaid parking fines and penalties owed by the country to the District of Columbia.
(Sec. 565) Prohibits any funds appropriated from being obligated for the PLO for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO.
(Sec. 566) Reduces AID’s procurement resources.
(Sec. 567) Withholds a percentage of funds appropriated under title I of this Act for the World Bank and IDA unless the Secretary of the Treasury reports to the Appropriations Committees that the World Bank is: (1) implementing the recommendations contained in “Next Steps,” the follow-up to the Wapenhans Report; (2) implementing a specified action plan contained in its April 1994 resettlement review; and (3) implementing the Bank’s procedures on Disclosure of Operational Information issued in September 1993.
Withholds a percentage of funds appropriated under title I of this Act for the IFC unless the IFC is pursuing reforms comparable to those adopted by the World Bank regarding the environment, information disclosure, and resettlement.
(Sec. 570) Expresses the sense of the Congress that all equipment and products purchased with funds made available in this Act should be American-made.
(Sec. 571) Earmarks funds for: (1) the creation and expansion of small and medium-sized businesses in the West Bank and Gaza; and (2) the provision of U.S. agricultural commodities to address the food and nutrition needs of the people of the new independent states.
(Sec. 574) Authorizes the Government of Nicaragua to assume the obligation of the Central American Institute of Business Administration (INCAE) to make payment to the United States under a loan made to INCAE pursuant to a 1972 Alliance for Progress loan agreement. Relieves INCAE of any further liability to the United States for such loan.
(Sec. 575) Removes Mongolia from the list of Communist countries to which foreign assistance is prohibited.
(Sec. 577) Permits the President to provide a specified amount of commodities and services to the United Nations War Crimes Tribunal if doing so will contribute to a resolution of charges regarding genocide or other violations of international law in the former Yugoslavia.
(Sec. 578) Amends the American Aid to Poland Act of 1988 to extend the Secretary of Agriculture’s authority, subject to certain conditions, to donate surplus agricultural commodities to Poland.
(Sec. 582) Earmarks funds for: (1) emergency winterization and rehabilitation projects and for the reestablishment of essential services in Bosnia and Herzegovina; and (2) medical equipment and supplies and medicine and for repair and reconstruction of hospitals in Bosnia and Herzegovina.
(Sec. 585) Directs the Comptroller General to report to the Appropriations Committees on a review of existing salaries and benefits of IMF and World Bank employees and benefits paid to dependents of such employees.
(Sec. 586) Prohibits funds made available by this Act (other than funds for humanitarian assistance) from being available for Russia unless the President has certified to the Congress that the Russian Government and the Governments of Latvia and Estonia have established a timetable for the withdrawal of Russian and Commonwealth of Independent States armed forces and that all parties are in compliance with the timetable. Provides for a presidential waiver of such prohibition if in the national interest.
(Sec. 587) Prohibits the use of funds appropriated by this or any other Act for creating a Federal agency in Jerusalem to conduct official Government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity.
(Sec. 588) Requires the President to report to the Appropriations Committees on whether Russia has demonstrated a commitment to comply with specified conventions on biological and chemical weapons.
Title VI: Fiscal Year 1994 Supplemental Appropriations – Foreign Operations, Export Financing, and Related Programs Supplemental Appropriations Act, 1994 – Authorizes the President to reduce or cancel amounts owed to the United States by Jordan. Authorizes appropriations.
Authorizes additional appropriations for: (1) international disaster relief, rehabilitation, and reconstruction assistance; and (2) assistance for the current Rwandan refugee crisis.