Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994
Became Public Law No: 103-87.
Congressional Research Service
Official summary
Version 48 · Conference report filed in House · Sep 28, 1993
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 1993 Supplemental Appropriations Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 - Title I: Multilateral Economic Assistance - Makes appropriations for FY 1994 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank) (subject to obligation restrictions and a certification that the Bank has not approved loans for Iran); (2) International Development Association (IDA); (3) International Finance Corporation; (4) Inter-American Development Bank; (5) Enterprise for the Americas Multilateral Investment Fund; (6) Asian Development Bank; (7) Asian Development Fund; and (8) African Development Fund. Requires the Secretary of the Treasury to: (1) instruct the U.S. executive directors of the international financial institutions to urge such institutions to establish independent entities with inspector general functions; and (2) work with appropriate international fora to establish an independent commission to review the operations and management structure of such institutions. Makes appropriations for FY 1994 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 1994 for: (1) specified development assistance; (2) international disaster assistance; (3) the Private Sector Revolving Fund; (4) the Foreign Service Retirement and Disability Fund; (5) operating expenses of the Agency for International Development (AID) and the AID Office of Inspector General; (6) worldwide housing guarantees and for administrative expenses of such program; (7) debt restructuring; (8) economic support fund (ESF) assistance; (9) the International Fund for Ireland; (10) economic assistance for Eastern Europe and the Baltic States; (11) assistance for the independent states of the former Soviet Union; (12) the African Development Foundation; (13) the Inter-American Foundation; (14) Overseas Private Investment Corporation direct and guaranteed loans and administrative expenses; (15) the Peace Corps (prohibits the use of such funds for abortions); (16) international narcotics control; (17) migration and refugee assistance; (18) the Emergency Refugee and Migration Assistance Fund; and (19) antiterrorism assistance. Bars the obligation of funds appropriated by title II (bilateral economic assistance) for AID after March 31, 1994, unless the Administration has acted to implement recommendations of the Report of the National Performance Review which can be accomplished without legislation and has submitted proposed legislation to accomplish the following: (1) reform of foreign assistance programs; (2) reform of AID personnel systems and lifting of AID personnel restrictions; (3) reengineering of program management processes; and (4) a planned reduction of AID missions during the next three years. Bars the use of development assistance funds for: (1) abortions or involuntary sterilizations; (2) Zaire; and (3) U.S. private and voluntary organizations which obtain less than 20 percent of annual funding from sources other than the U.S. Government. Prohibits ESF assistance to Zaire. Title III: Military Assistance - Makes appropriations for FY 1994 for: (1) international military education and training (bars such assistance to Zaire and Indonesia); (2) foreign military financing and direct loans; (3) international peacekeeping operations; and (4) a Nonproliferation and Disarmament Fund. Prohibits foreign military financing for Zaire, Sudan, Liberia, Guatemala, Peru, and Malawi. Title IV: Export Assistance - Prohibits the use of Export-Import Bank funds for nuclear exports to a non-nuclear weapon state. Makes appropriations for: (1) direct loans, tied-aid grants, loan guarantees, and insurance under Export-Import Bank programs; (2) administrative expenses; 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, Vietnam, 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. Prohibits the use of international organization funds for the Palestine Liberation Organization (PLO), Libya, Iran, or 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. Terminates the prohibition on funding for the PLO if the President determines that to do so is in the national interest and provided that the PLO complies with commitments made concerning Israel in September 1993. Bars indirects funding to Cuba, Iraq, Libya, Vietnam, Iran, Syria, North Korea, China, or Laos unless the President certifies that the withholding of such funds is contrary to the national interest. Amends the Arms Export Control Act to extend the President's waiver authority with respect to reciprocal leasing through FY 1994. Authorizes appropriations for the U.S. contribution to the tenth replenishment of the IDA. Prohibits bilateral assistance funds from being made available to any country that grants sanctuary to terrorists or supports terrorism. 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. Prohibits the sale of Stinger missiles to any country bordering the Persian Gulf. Amends the Foreign Assistance Act of 1961 to make funds available for stockpiles in Israel, South Korea, and Thailand. Extends a waiver on a prohibition of making nuclear enrichment transfers to certain countries with respect to Pakistan. 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. Bars assistance to any country that is not in compliance with the United Nations sanctions against Iraq 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 products into its customs territory and the export of its products to Iraq. Authorizes the drawdown of defense articles, services, and training to 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. Authorizes appropriations. Rescinds unexpended balances of specified development and ESF funds. Prohibits the use of 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. Authorizes the President, pursuant to a lifting of the United Nations arms embargo against Bosnia-Hercegovina, to transfer defense articles 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. Authorizes appropriations. 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. Terminates assistance to any Cambodian organization that the President determines is cooperating with the Khmer Rouge in military operations. 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. Earmarks ESF funds for: (1) administration of justice in Latin American and Caribbean countries; and (2) assistance and training for the creation of a professional civilian police force for Panama and for programs to improve penal institutions and the rehabilitation of offenders in such country. Requires a minimum amount of development assistance to be set aside for contracts with disadvantaged and minority organizations and enterprises. Sets forth authorized uses of economic assistance for the independent states of the former Soviet Union. Prohibits the transfer of funds appropriated by this Act to the Government of Russia: (1) unless such Government is making progress in implementing comprehensive economic reforms; and (2) if that Government applies or transfers U.S. assistance to any entity for purposes of expropriating or seizing ownership or control of assets. Prohibits funding for any independent state that directs any action in violation of the territorial integrity or national sovereignty of any other independent state, unless the President determines that such funding is in the national interest or for humanitarian, disaster, or refugee relief. Bars the use of funds for any independent state to enhance its military capability. Prohibits ESF or foreign military financing assistance for the Andean Narcotics Initiative until the Secretary of State provides a new Andean counter-narcotics strategy. Bars ESF assistance to Nicaragua until the Secretary reports to the appropriate committees that issues suggesting the existence of a terrorist/kidnapping ring have been investigated and individuals identified as being part of such ring are being prosecuted. Sets further restrictions on aid to Nicaragua with respect to resolution of expropriation, human rights, and civilian control issues. Sets conditions on funding for military-related civic action programs and police or military training for Haiti. Declares that specified amounts should be made available for: (1) agricultural commodities for the independent states of the former Soviet Union; and (2) humanitarian assistance for Armenia. Bars the use of funds under this Act for: (1) paying any assessments, arrearages, or dues of any member of the United Nations; (2) any private voluntary organization which fails to make documents available for AID audits or which is not registered with AID; or (3) financing the procurement of chemicals that may be used for chemical weapons production. 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 ad 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. Amends the Export-Import Bank Act of 1945 to grant the President the same authority with respect to loans or guarantees made to such countries by the Export-Import Bank. Prohibits the Secretary of Defense from implementing changes in the policy of allowing the use of foreign military financing for direct commercial sales without consultation of all parties affected by such changes and specified congressional committees and Federal agencies. Bars assistance to foreign governments that export lethal military equipment to countries supporting international terrorism, subject to presidential waivers. 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. Declares that a specified amount of assistance should be available for programs of cooperation between scientific and engineering institutes in the independent states and U.S. laboratories and other academic institutions that are designed to stabilize the technology base to convert defense industries to civilian applications. Withholds funds from Russia unless the President certifies on April 1, 1994, that Russia has not provided assistance to Cuba in the preceding 18 months or that funding for Russia is in the national interest. Prohibits any assistance (other than humanitarian) to Russia unless the President has certified that Russia and Estonia and Latvia have established a timetable for, and are making progress in, the withdrawal of Russian and other independent state armed forces from such countries. Grants the President, until February 15, 1994, the authority to waive provisions of the Foreign Assistance Act of 1961 that prohibit assistance to the PLO, provided the PLO complies with commitments made with respect to Israel. Supports President Yeltsin in his effort to continue reform in Russia and declares that further economic assistance should be provided in accordance with Yeltsin's call for and holding of free and democratic elections. Title VI: Fiscal Year 1993 Supplemental Appropriations - Supplemental Appropriations for the New Independent States of the Former Soviet Union Act, 1993 - Makes appropriations for FY 1993 for additional assistance for: (1) the independent states of the former Soviet Union; and (2) the defense agencies for providing assistance to such states.
Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 88-11. Record Vote No: 297.(consideration: CR S12751-12760, S12767)
Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 321 - 108 (Roll no. 467).(consideration: CR H7200-7209)
The previous question was ordered without objection.
DEBATE - The House proceeded with one hour of debate on the conference report.
Mr. Obey brought up conference report H. Rept. 103-267 for consideration under the provisions of H. Res. 259.
Rule H. Res. 259 passed House.
Conference report H. Rept. 103-267 filed. Filed late, pursuant to previous special order. (text of conference report: CR H7159-7170)
Conference report filed: Conference report H. Rept. 103-267 filed. Filed late, pursuant to previous special order.(text of conference report: CR H7159-7170)
Rules Committee Resolution H. Res. 259 Reported to House. Rule provides for consideration of the conference report to H.R. 2295. Waiving all points of order against the conference report and against its consideration.
Conferees agreed to file conference report.
Conference committee actions: Conferees agreed to file conference report.
OBJECTING TO CONSIDERATION OF CONFERENCE REPORT - Mr. Obey asked unanimous consent that it be in order on Wednesday, Sept. 29, 1993, or any day thereafter, to consider the conference report and amendments in disagreement on H.R. 2295. Mr. Burton of Indiana objected to the request.
Mr. Obey asked unanimous consent that managers on the part of the House have until midnight on Sept. 28 to file a conference report on H.R. 2295. Agreed to without objection.
The Speaker appointed conferees: Obey, Yates, Wilson, Olver, Pelosi, Torres, Lowey, Serrano, Natcher, Livingston, Porter, Lightfoot, Callahan, and McDade.
Motion to reconsider laid on the table Agreed to without objection.
On motion that the House instruct conferees Agreed to by voice vote. (consideration: CR H7026-7027)
The previous question was ordered without objection.
DEBATE - The House proceeded with one hour of debate on the Livingston motion to instruct conferees. The instructions contained in the motion require the managers on the part of the House to agree, to the extent permissible within House Rules, to provisions that implement the reforms recommended in the National Performance Review with respect to the Agency for International Development, including insisting on the House position on amendment No. 27, to delete employment floors for the Agency for International Development Office of Inspector General included by the Senate.
Mr. Livingston moved that the House instruct conferees.
On motion that the House disagree to the Senate amendments, and agree to a conference Agreed to without objection.
Mr. Obey asked unanimous consent that the House disagree to the Senate amendments, and agree to a conference.
Message on Senate action sent to the House.
Senate insists on its amendments asks for a conference, appoints conferees Leahy; Inouye; DeConcini; Lautenberg; Harkin; Mikulski; Feinstein; Byrd; McConnell; D'Amato; Specter; Nickles; Mack; Gramm; Hatfield.
Passed Senate with amendments by Yea-Nay Vote. 88-10. Record Vote No: 287.
Considered by Senate. (consideration: CR S12296-12304, S12307-12360)
Amendment SP 941 agreed to in Senate by Voice Vote.
Amendment SP 941 proposed by Senator McConnell for Senator Coverdell.
Amendment SP 940 agreed to in Senate by Voice Vote.
Amendment SP 940 proposed by Senator Leahy for Senator Simon.
Amendment SP 939 agreed to in Senate by Voice Vote.
Amendment SP 939 proposed by Senator Leahy for Senator DeConcini.
Amendment SP 938 agreed to in Senate by Voice Vote.
Amendment SP 938 proposed by Senator McConnell for Senator Cochran.
Amendment SP 937 agreed to in Senate by Voice Vote.
Amendment SP 937 proposed by Senator McConnell.
Amendment SP 936 agreed to in Senate by Voice Vote.
Amendment SP 936 proposed by Senator Leahy for Senator Feingold.
Amendment SP 935 agreed to in Senate by Voice Vote.
Amendment SP 935 proposed by Senator Stevens.
Amendment SP 934 agreed to in Senate by Voice Vote.
Amendment SP 934 proposed by Senator Stevens.
Amendment SP 933 agreed to in Senate by Voice Vote.
Amendment SP 933 proposed by Senator Stevens.
Amendment SP 932 agreed to in Senate by Voice Vote.
Amendment SP 932 proposed by Senator Stevens.
Amendment SP 931 proposed by Senator Helms.
Amendment SP 930 agreed to in Senate by Voice Vote.
Amendment SP 930 proposed by Senator McConnell for Senator Domenici.
Amendment SP 929 as modified agreed to in Senate by Voice Vote.
Amendment SP 929 proposed by Senator Helms.
Amendment SP 928 agreed to in Senate by Voice Vote.
Amendment SP 928 proposed by Senator Helms.
Amendment SP 927 agreed to in Senate by Voice Vote.
Amendment SP 927 proposed by Senator Helms.
Amendment SP 926 agreed to in Senate by Voice Vote.
Amendment SP 926 proposed by Senator Leahy.
Amendment SP 925 agreed to in Senate by Voice Vote.
Amendment SP 925 proposed by Senator Leahy.
Measure laid before Senate. (consideration: CR S12206-12237)
Committee on Appropriations. Ordered to be reported with amendments favorably.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 197.
Committee on Appropriations. Reported to Senate by Senator Leahy with amendments. With written report No. 103-142.
Committee on Appropriations. Reported to Senate by Senator Leahy with amendments. With written report No. 103-142.
Subcommittee on Foreign Operations. Approved for full committee consideration with amendments favorably.
Received in the Senate and read twice and referred to the Committee on Appropriations.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2295.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by the Yeas and Nays: 309 - 111 (Roll no. 240).
REPORTING BACK TO THE HOUSE - Pursuant to the instructions contained in the Wolf motion to recommit the bill to the Committee on Appropriations, Mr. Obey reported the bill back to the House with an amendment.
On motion to recommit with instructions Agreed to by voice vote.
The previous question on the motion to recommit with instructions was ordered without objection.
DEBATE - The House proceeded with ten minutes of debate on the Wolf motion to recommit with instructions. The instructions contain an amendment which provides that the Sudan would be added to a list of countries which are ineligible to receive direct aid from the U.S. Government.
Mr. Wolf moved to recommit with instructions to Appropriations. (consideration: CR H3763-3764)
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2295.
DEBATE - Pursuant to the provisions of H. Res. 200, the Committee of the Whole proceeded with 30 minutes of debate on the Kasich amendments.
DEBATE - Pursuant to the provisions of H. Res. 200, the Committee of the Whole proceeded with 60 minutes of debate on the Callahan amendment.
DEBATE - Pursuant to the provisions of H. Res. 200, the Committee of the Whole proceeded with 30 minutes of debate on the Solomon amendment.
DEBATE - Pursuant to the provisions of H. Res. 200, the Committee of the Whole proceeded with 30 minutes of debate on both the Burton amendment and the Obey substitute for Burton.
DEBATE - Pursuant to the provisions of H. Res. 200, the Committee of the Whole proceeded with 20 minutes of debate on the Appropriations Committee substitute.
ORDER OF BUSINESS - Pursuant to the provisions of H. Res. 200, the pending question is the amendment in the nature of a substitute recommended by the Committee on Appropriations as an original bill for the purpose of amendment under the five-minute rule.
GENERAL DEBATE - Pursuant to the provisions of H. Res. 200, the Committee of the Whole proceeded with one hour of general debate.
The Speaker designated the Honorable Bill Richardson to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 200 and Rule XXIII.
Rule provides for consideration of H.R. 2295 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. At the conclusion of general debate, the pending question shall be the adoption of the amendment in the nature of a substitute recommended by the Committee on Appropriations now printed in the bill. The committee amendment in the nature of a substitute shall be designated and shall be debatable for 20 minutes equally divided and controlled. If the committee amendment in the nature of a substitute is adopted then the bill as so amended shall be considered as the original bill for the purpose of further amendment under the five-minute rule. Measure will be considered read. Specified amendments are in order.
Considered under the provisions of rule H. Res. 200. (consideration: CR H3713-3765)
Rule H. Res. 200 passed House.
Rules Committee Resolution H. Res. 200 Reported to House. Rule provides for consideration of H.R. 2295 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. At the conclusion of general debate, the pending question shall be the adoption of the amendment in the nature of a substitute recommended by the Committee on Appropriations now printed in the bill. The committee amendment in the nature of a substitute shall be designated and shall be debatable for 20 minutes equally divided and controlled. If the committee amendment in the nature of a substitute is adopted then the bill as so amended shall be considered as the original bill for the purpose of further amendment under the five-minute rule. Measure will be considered read. Specified amendments are in order.
Placed on the Union Calendar, Calendar No. 68.
Reported (Amended) by the Committee on Appropriations. H. Rept. 103-125.
Reported (Amended) by the Committee on Appropriations. H. Rept. 103-125.
Ordered to be Reported (Amended).
Committee Consideration and Mark-up Session Held.
Final Day of Subcommittee Hearings Prior to Introduction and Referral (Apr 28, 93).
Final Day of Subcommittee Mark-up Prior to Introduction and Referral (May 26, 93).
First Day of Subcommittee Hearings Prior to Introduction and Referral (Mar 1, 93).
First Day of Subcommittee Mark-up Prior to Introduction and Referral (May 26, 93).
Forwarded by Subcommittee to Full Committee Prior to Introduction and Referral (May 26, 93).
Referred to the Subcommittee on Foreign Operations, Export Financing, and Related Programs.
Referred to the House Committee on Appropriations.
Introduced in House
Introduced in House
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