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heading shall be available for Guatemala: Provided further,
That not more than $350,000,000 of funds realized pursu-
ant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department
of Defense during fiscal year 1998 pursuant to section
43(b) of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular notifi-
cation procedures of the Committees on Appropriations.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions
of section 551 of the Foreign Assistance Act of 1961,
$77,500,000: Provided, That none of the funds appro-
priated under this paragraph shall be obligated or ex-
pended except as provided through the regular notification
procedures of the Committees on Appropriations.
TITLE IV—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 Recon-
struction and Development by the Secretary of the Treas-
ury, for the United States contribution to the Global Envi-
ronment Facility (GEF), $35,000,000, to remain available
until September 30, 1999.
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CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION
For payment to the International Development Asso-
ciation by the Secretary of the Treasury, $606,000,000,
for the United States contribution to the eleventh replen-
ishment, to remain available until expended: Provided,
That none of the funds may be obligated until the Sec-
retary of the Treasury certifies to the Committees on Ap-
propriations that procurement restrictions applicable to
the United States under the terms of the Interim Trust
Fund have been lifted and that the total unobligated bal-
ance available for open competition has been released.
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, $25,610,667, and for the United States
share of the increase in the resources of the Fund for Spe-
cial Operations, $20,835,000, to remain available until ex-
pended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Inter-American
Development Bank may subscribe without fiscal year limi-
tation to the callable capital portion of the United States
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share of such capital stock in an amount not to exceed
$1,503,718,910.
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK
For payment to the Asian Development Bank by the
Secretary of the Treasury for the United States share of
the paid-in portion of the increase in capital stock,
$13,221,596, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Asian Develop-
ment 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
$647,858,204.
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 Develop-
ment Bank Act, as amended (Public Law 89–369),
$100,000,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary
of the Treasury to the increase in resources of the African
Development Fund, $25,000,000, to remain available until
expended.
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CONTRIBUTION TO THE EUROPEAN BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruc-
tion and Development by the Secretary of the Treasury,
$35,778,717, for the United States share of the paid-in
portion of the increase in capital stock, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank
for Reconstruction and Development may subscribe with-
out fiscal year limitation to the callable capital portion of
the United States share of such capital stock in an amount
not to exceed $123,237,803.
NORTH AMERICAN DEVELOPMENT BANK
For payment to the North American Development
Bank by the Secretary of the Treasury, for the United
States share of the paid-in portion of the capital stock,
$56,500,000, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the North American
Development Bank may subscribe without fiscal year limi-
tation to the callable capital portion of the United States
share of the capital stock of the North American Develop-
ment Bank in an amount not to exceed $318,750,000.
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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, $194,000,000: 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 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 Peo-
ple’s Republic of China: Provided further, That not more
than $25,000,000 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, 1998, and that
no later than February 15, 1998, the Secretary of State
shall submit a report to the Committees on Appropriations
indicating the amount UNFPA is budgeting for the Peo-
ple’s Republic of China in 1998: Provided further, That
any amount UNFPA plans to spend in the People’s Re-
public of China in 1998 shall be deducted from the
amount of funds provided to UNFPA after March 1,
1998, pursuant to the previous provisos: Provided further,
That with respect to any funds appropriated under this
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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 none of the funds appropriated under this
heading may be made available to the Korean Peninsula
Energy Development Organization (KEDO) or the Inter-
national Atomic Energy Agency (IAEA): Provided further,
That none of the funds appropriated under this heading
may be made available to the United Nations development
group or any similar organization.
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. Notwithstanding section 614 of the For-
eign Assistance Act of 1961, as amended, 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 Assist-
ance Act of 1961.
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LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $126,500 shall
be for official residence expenses of the Agency for Inter-
national Development during the current fiscal year: Pro-
vided, 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 avail-
able 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 avail-
able 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 en-
tertainment expenses and not to exceed $50,000 shall be
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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 enter-
tainment 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 avail-
able for representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made
available (other than funds for ‘‘Nonproliferation, Anti-
terrorism, Demining and Related 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 tech-
nology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
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or expended to finance directly any assistance or repara-
tions to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or
Syria: Provided, That for purposes of this section, the pro-
hibition on obligations or expenditures shall include direct
loans, credits, insurance and guarantees of the Export-Im-
port Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance to any coun-
try 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 subse-
quent 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, except for transfers
specifically provided for in this Act, unless the President,
prior to the exercise of any authority contained in the For-
eign Assistance Act of 1961 to transfer funds, consults
with and provides a written policy justification to the
Committees on Appropriations of the House of Represent-
atives and the Senate: Provided, That the exercise of such
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authority shall be subject to the regular notification proce-
dures 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 head-
ings under title II of this Act are, if deobligated, hereby
continued available for the same period as the respective
appropriations under such headings or until September
30, 1998, whichever is later, and for the same general pur-
pose, and for countries within the same region as origi-
nally obligated: Provided, That the Appropriations Com-
mittees of both Houses of the Congress are notified fifteen
days in advance of the reobligation of such funds in ac-
cordance with regular notification procedures of the Com-
mittees 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 1998.
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AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in
this Act shall remain available for obligation after the ex-
piration of the current fiscal year unless expressly so pro-
vided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, and 11 of part I, section
667, and chapter 4 of part II of the Foreign Assistance
Act of 1961, as amended, and funds provided under the
heading ‘‘Assistance for Eastern Europe and the Baltic
States’’, 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 provi-
sion 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 for
cash disbursements in order to address balance of pay-
ments 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 pay-
ment and economic policy reform purposes.
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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 cal-
endar year in payment to the United States of principal
or interest on any loan made to such country by the Unit-
ed States pursuant to a program for which funds are ap-
propriated 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 Liberia, 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 ex-
pended to finance any loan, any assistance or any other
financial commitments for establishing or expanding pro-
duction 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 pro-
ductive capacity is expected to become operative and if the
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SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall in-
struct the United States Executive Directors of the Inter-
national Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development
Bank, the International Monetary Fund, the Asian Devel-
opment Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the Euro-
pean Bank for Reconstruction and Development, the Afri-
can 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 Execu-
tive Branch with the necessary administrative flexibility,
none of the funds made available under this Act for ‘‘Child
Survival and Disease Programs Fund’’, ‘‘Development As-
sistance’’, ‘‘International organizations and programs’’,
‘‘Trade and Development Agency’’, ‘‘International narcot-
ics control’’, ‘‘Assistance for Eastern Europe and the Bal-
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tic 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 ex-
penses of the Agency for International Development Office
of Inspector General’’, ‘‘Nonproliferation, anti-terrorism,
demining and related programs’’, ‘‘Foreign Military Fi-
nancing Program’’, ‘‘International military education and
training’’, ‘‘Inter-American Foundation’’, ‘‘African Devel-
opment Foundation’’, ‘‘Peace Corps’’, ‘‘Migration and ref-
ugee assistance’’, shall be available for obligation for ac-
tivities, programs, projects, type of materiel assistance,
countries, or other operations 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 jus-
tified to Congress unless the Committees on Appropria-
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tions are notified fifteen days in advance of such commit-
ment: 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 10 per centum of the amount pre-
viously 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 or any other Act, includ-
ing any prior 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: Pro-
vided further, That in case of any such waiver, notification
to the Congress, or the appropriate congressional commit-
tees, 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 emer-
gency circumstances.
Drawdowns made pursuant to section 506(a)(2) of
the Foreign Assistance Act of 1961 shall be subject to the
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regular notification procedures of the Committees on Ap-
propriations.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. Notwithstanding any other provision of law
or of this Act, none of the funds provided for ‘‘Inter-
national 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 Ap-
propriations, 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, 1999.
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 Con-
gress recognizes that, in fulfilling its obligations under the
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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. Further-
more, 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, sub-
ject to the availability of appropriations, it is the policy
and the intention of the United States that the funds pro-
vided 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 re-
gion.
PROHIBITION ON FUNDING FOR 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 abor-
tions 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 Assist-
ance Act of 1961, as amended, may be used to pay for
the performance of involuntary sterilization as a method
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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 steri-
lizations: Provided, That none of the funds made available
under this Act may be used to lobby for or against abor-
tion.
AUTHORIZATION FOR POPULATION PLANNING
SEC. 518A. Not to exceed $385,000,000 of the funds
appropriated in title II of this Act may be made available
for population planning activities or other population as-
sistance.
REPORTING REQUIREMENT
SEC. 519. The President shall submit to the Commit-
tees on Appropriations the reports required by section
25(a)(1) of the Arms Export Control Act.
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SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated in this Act
shall be obligated or expended for Colombia, Haiti, Libe-
ria, Pakistan, Panama, Peru, Russia, Serbia, Sudan, or
the Democratic Republic of Congo except as provided
through the regular notification procedures of the Com-
mittees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the Appropria-
tions Act account level and shall include all Appropriations
and Authorizations Acts earmarks, ceilings, and limita-
tions 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 pro-
gram level funding within each such account; for the devel-
opment assistance accounts of the Agency for Inter-
national Development ‘‘program, project, and activity’’
shall also be considered to include central program level
funding, either as (1) justified to the Congress, or (2) allo-
cated 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.
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CHILD SURVIVAL AND AIDS ACTIVITIES
SEC. 522. Up to $8,000,000 of the funds made avail-
able by this Act for assistance for family planning, health,
child survival, and AIDS, may be used to reimburse Unit-
ed States Government agencies, agencies of State govern-
ments, institutions of higher learning, and private and vol-
untary organizations for the full cost of individuals (in-
cluding for the personal services of such individuals) de-
tailed or assigned to, or contracted by, as the case may
be, the Agency for International Development for the pur-
pose of carrying out family planning activities, child sur-
vival activities, and activities relating to research on, and
the treatment and control of acquired immune deficiency
syndrome in developing countries: Provided, 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 pro-
vision 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.
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PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES
SEC. 523. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
to finance indirectly any assistance or reparations to
Cuba, Iraq, Libya, Iran, Syria, North Korea, or the Peo-
ple’s Republic of China, unless the President of the United
States certifies that the withholding of these funds is con-
trary 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 ‘‘1997’’ and inserting in
lieu thereof ‘‘1998’’.
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 De-
fense 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: Pro-
vided, 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
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such Committees shall also be informed of the original ac-
quisition 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.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 527. (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 enact-
ment of this Act, shall not be made available to any coun-
try 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 sub-
section (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 waiv-
er takes effect, shall notify the Committees on Appropria-
tions of the waiver (including the justification for the waiv-
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er) in accordance with the regular notification procedures
of the Committees on Appropriations.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 528. Notwithstanding any other provision of
law, and subject to the regular notification procedures of
the Committees on Appropriations, the authority of sec-
tion 23(a) of the Arms Export Control Act may be used
to provide financing to Israel, 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 in-
cluding Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian applica-
tion), if the President determines that there are compel-
ling 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. 528A. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States insurance companies have a fair oppor-
tunity to bid for insurance when such insurance is nec-
essary or appropriate.
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STINGERS IN THE PERSIAN GULF REGION
SEC. 529. Except as provided in section 581 of the
Foreign Operations, Export Financing, and Related Pro-
grams 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 Ex-
port Control Act or chapter 2 of part II of the Foreign
Assistance Act of 1961.
DEBT-FOR-DEVELOPMENT
SEC. 530. In order to enhance the continued partici-
pation of nongovernmental organizations in economic as-
sistance activities under the Foreign Assistance Act of
1961, including endowments, debt-for-development and
debt-for-nature exchanges, a nongovernmental organiza-
tion 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 title II of
this Act and any interest earned on such investment shall
be used for the purpose for which the assistance was pro-
vided to that organization.
SEPARATE ACCOUNTS
SEC. 531. (a) SEPARATE ACCOUNTS
FOR LOCAL
CURRENCIES.—(1) If assistance is furnished to the gov-
ernment of a foreign country under chapters 1 and 10 of
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part I or chapter 4 of part II of the Foreign Assistance
Act of 1961 under agreements which result in the genera-
tion 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 govern-
ment 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, con-
sistent with this section; and
(C) establish by agreement with that govern-
ment the responsibilities of the Agency for Inter-
national Development and that government to mon-
itor 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—
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(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 necessary
steps to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the sepa-
rate 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 chap-
ters 1 or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which re-
main in a separate account established pursuant to sub-
section (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 pro-
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visos contained under the heading ‘‘Sub-Saharan Africa,
Development Assistance’’ as included in the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1989 and sections 531(d) and 609 of the
Foreign Assistance Act of 1961.
(6) REPORTING REQUIREMENT.—The Administrator
of the Agency for International Development shall report
on an annual basis as part of the justification documents
submitted to the Committees on Appropriations on the use
of local currencies for the administrative requirements of
the United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of
local currency (and United States dollar equivalent) used
and/or to be used for such purpose in each applicable
country.
(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 or
chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assist-
ance, 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 not-
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withstanding 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 Res-
olution 648 (H. Report No. 98–1159).
(3) NOTIFICATION.—At least fifteen days prior to ob-
ligating any such cash transfer or nonproject sector assist-
ance, the President shall submit a notification through the
regular notification procedures of the Committees on Ap-
propriations, 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 pro-
moted 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 Commit-
tees on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE
DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 532. (a) No funds appropriated by this Act may
be made as payment to any international financial institu-
tion while the United States Executive Director to such
institution is compensated by the institution at a rate
which, together with whatever compensation such Director
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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 institu-
tion at a rate in excess of the rate provided for an individ-
ual occupying a position at level V of the Executive Sched-
ule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ‘‘international finan-
cial institutions’’ are: the International Bank for Recon-
struction and Development, the Inter-American Develop-
ment Bank, the Asian Development Bank, the Asian De-
velopment Fund, the African Development Bank, the Afri-
can Development Fund, the International Monetary Fund,
the North American Development Bank, and the Euro-
pean Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 533. None of the funds appropriated or other-
wise 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 In-
vestment 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 Coun-
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cil 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 human-
itarian assistance for foreign nationals who have fled
Iraq and Kuwait.
COMPETITIVE PRICING FOR SALES OF DEFENSE
ARTICLES
SEC. 534. Direct costs associated with meeting a for-
eign customer’s additional or unique requirements will
continue to be allowable under contracts under section
22(d) of the Arms Export Control Act. Loadings applica-
ble to such direct costs shall be permitted at the same
rates applicable to procurement of like items purchased
by the Department of Defense for its own use.
EXTENSION OF AUTHORITY TO OBLIGATE FUNDS TO
CLOSE THE SPECIAL DEFENSE ACQUISITION FUND
SEC. 535. Title III of Public Law 103–306 is amend-
ed under the heading ‘‘Special Defense Acquisition Fund’’
by striking ‘‘1998’’ and inserting ‘‘2000’’.
CASH FLOW FINANCING
SEC. 536. For each country that has been approved
for cash flow financing (as defined in section 25(d) of the
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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 pro-
curement 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-AMER-
ICAN
FOUNDATION
AND
THE
AFRICAN
DEVELOP-
MENT FOUNDATION
SEC. 537. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropria-
tions for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities au-
thorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Develop-
ment Foundation Act. The appropriate agency shall
promptly report to the Committees on Appropriations
whenever it is conducting activities or is proposing to con-
duct activities in a country for which assistance is prohib-
ited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 538. None of the funds appropriated by this Act
may be obligated or expended to provide—
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(a) any financial incentive to a business enter-
prise currently located in the United States for the
purpose of inducing such an enterprise to relocate
outside the United States if such incentive or in-
ducement is likely to reduce the number of employ-
ees 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 process-
ing 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 car-
ried out within that zone or area, unless the Presi-
dent 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 recog-
nized 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 commensu-
rate with the level of development of the recipient
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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.
SPECIAL AUTHORITIES
SEC. 539. (a) Funds appropriated in title II of this
Act that are made available for 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 and
Herzegovina, Croatia, and Kosova, may be made available
notwithstanding any other provision of law: Provided,
That any such funds that are made available for Cam-
bodia 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 Coopera-
tion Act of 1985.
(b) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106 of the Foreign As-
sistance Act of 1961 may be used, notwithstanding any
other provision of law, for the purpose of supporting tropi-
cal forestry and energy programs aimed at reducing emis-
sions of greenhouse gases, and for the purpose of support-
ing biodiversity conservation activities: Provided, That
such assistance shall be subject to sections 116, 502B, and
620A of the Foreign Assistance Act of 1961.
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(c) 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. 540. It is the sense of the Congress that—
(1) the Arab League countries should imme-
diately and publicly renounce the primary boycott of
Israel and the secondary and tertiary boycott of
American firms that have commercial ties with Is-
rael; and
(2) the decision by the Arab League in 1997 to
reinstate the boycott against Israel was deeply trou-
bling and disappointing; and
(3) the Arab League should immediately re-
scind its decision on the boycott and its members
should develop normal relations with their neighbor
Israel; and
(4) 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;
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(B) take into consideration the participa-
tion of any recipient country in the primary
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commer-
cial 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 commer-
cial relations with Israel and to expand the
process
of
normalizing
ties
between
Arab
League countries and Israel; and
(D) encourage the allies and trading part-
ners of the United States to enact laws prohib-
iting businesses from complying with the boy-
cott and penalizing businesses that do comply.
ANTI-NARCOTICS ACTIVITIES
SEC. 541. (a) Of the funds appropriated or otherwise
made available by this Act for ‘‘Economic Support Fund’’,
assistance may be provided to strengthen the administra-
tion of justice in countries in Latin America and the Car-
ibbean and in other regions consistent with the provisions
of section 534(b) of the Foreign Assistance Act of 1961,
except that programs to enhance protection of participants
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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 section 534(c) and
the second and third sentences of section 534(e) of the
Foreign Assistance Act of 1961. Funds made available
pursuant to subsection (a) for Bolivia, Colombia, and Peru
may be made available notwithstanding section 534(c) and
the second sentence of section 534(e) of the Foreign As-
sistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 542. (a) ASSISTANCE THROUGH NONGOVERN-
MENTAL 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 and 11 of part I, and chapter 4 of
part II, 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 applica-
ble 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 fur-
nish assistance in support of programs of nongovern-
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mental organizations, the President shall notify the Com-
mittees 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 abor-
tion or involuntary sterilizations contained in this or any
other Act.
(b) PUBLIC LAW 480.—During fiscal year 1998, re-
strictions contained in this or any other Act with respect
to assistance for a country shall not be construed to re-
strict assistance under the Agricultural Trade Develop-
ment 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 reg-
ular notification procedures of the Committees on Appro-
priations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign
Assistance Act or any comparable provision of law
prohibiting
assistance
to
countries
that
support
international terrorism; or
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(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. 543. (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 oper-
ation 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 sig-
nificantly reduced its military or economic cooperation
with the United States since enactment of the Foreign Op-
erations, Export Financing, and Related Programs Appro-
priations Act, 1991; however, before exercising the author-
ity 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 Presi-
dent shall consult with, and shall provide a written policy
justification to the Committees on Appropriations: Pro-
vided, That any such reprogramming shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is
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reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as origi-
nally provided.
(b) In addition to the authority contained in sub-
section (a), the original period of availability of funds ap-
propriated by this Act and administered by the Agency
for International Development that are earmarked for par-
ticular programs or activities by this or any other Act shall
be extended for an additional fiscal year if the Adminis-
trator 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 cir-
cumstances 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. 544. Ceilings and earmarks contained in this
Act shall not be applicable to funds or authorities appro-
priated or otherwise made available by any subsequent Act
unless such Act specifically so directs.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 545. 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
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of enactment of this Act by the Congress: Provided, That
not to exceed $500,000 may be made available to carry
out the provisions of section 316 of Public Law 96–533.
USE OF AMERICAN RESOURCES
SEC. 546. To the maximum extent possible, assist-
ance provided under this Act should make full use of
American resources, including commodities, products, and
services.
PROHIBITION OF PAYMENTS TO UNITED NATIONS
MEMBERS
SEC. 547. 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 mem-
ber of the United Nations.
CONSULTING SERVICES
SEC. 548. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment 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 pur-
suant to existing law.
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PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION
SEC. 549. None of the funds appropriated or made
available pursuant to this Act shall be available to a pri-
vate 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.
PROHIBITION
ON
ASSISTANCE
TO
FOREIGN
GOVERN-
MENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIP-
MENT TO COUNTRIES SUPPORTING INTERNATIONAL
TERRORISM
SEC. 550. (a) None of the funds appropriated or oth-
erwise made available by this Act may be available to any
foreign government which provides lethal military equip-
ment to a country the government of which the Secretary
of State has determined is a terrorist government for pur-
poses of section 40(d) of the Arms Export Control Act.
The prohibition under this section with respect to a for-
eign government shall terminate 12 months after that gov-
ernment ceases to provide such military equipment. This
section applies with respect to lethal military equipment
provided under a contract entered into after April 24,
1996.
(b) Assistance restricted by subsection (a) or any
other similar provision of law, may be furnished if the
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President determines that furnishing such assistance is
important to the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exer-
cised, the President shall submit to the appropriate con-
gressional committees a report with respect to the furnish-
ing of such assistance. Any such report shall include a de-
tailed explanation of the assistance estimated to be pro-
vided, including the estimated dollar amount of such as-
sistance, and an explanation of how the assistance fur-
thers United States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES
OWED BY FOREIGN COUNTRIES
SEC. 551. (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 per-
cent 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 Sec-
retary of State certifies and reports in writing to the ap-
propriate 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
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Appropriations of the Senate and the Committee on Inter-
national Relations and the Committee on Appropriations
of the House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE
WEST BANK AND GAZA
SEC. 552. None of the funds appropriated by this Act
may be obligated for assistance for the Palestine Libera-
tion Organization for the West Bank and Gaza unless the
President has exercised the authority under section 604(a)
of the Middle East Peace Facilitation Act of 1995 (title
VI of Public Law 104–107) or any other legislation to sus-
pend or make inapplicable section 307 of the Foreign As-
sistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certifi-
cation under section 604(b)(2) of the Middle East Peace
Facilitation Act of 1995 or to suspend the prohibition
under other legislation, funds appropriated by this Act
may not be obligated for assistance for the Palestine Lib-
eration Organization for the West Bank and Gaza.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 553. Not to exceed 5 percent of any appropria-
tion other than for administrative expenses made available
for fiscal year 1998 for programs under title I of this Act
may be transferred between such appropriations for use
for any of the purposes, programs and activities for which
the funds in such receiving account may be used, but no
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such appropriation, except as otherwise specifically pro-
vided, shall be increased by more than 25 percent by any
such transfer: Provided, That the exercise of such author-
ity shall be subject to the regular notification procedures
of the Committees on Appropriations.
WAR CRIMES TRIBUNALS
SEC. 554. If the President determines that doing so
will contribute to a just resolution of charges regarding
genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to sec-
tion 552(c) of the Foreign Assistance Act of 1961, as
amended, of up to $25,000,000 of commodities and serv-
ices for the United Nations War Crimes Tribunal estab-
lished with regard to the former Yugoslavia by the United
Nations Security Council or such other tribunals or com-
missions as the Council may establish to deal with such
violations, without regard to the ceiling limitation con-
tained in paragraph (2) thereof: Provided, That the deter-
mination required under this section shall be in lieu of
any determinations otherwise required under section
552(c): Provided further, That 60 days after the date of
enactment of this Act, and every 180 days thereafter, the
Secretary of State shall submit a report to the Committees
on Appropriations describing the steps the United States
Government is taking to collect information regarding alle-
gations of genocide or other violations of international law
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in the former Yugoslavia and to furnish that information
to the United Nations War Crimes Tribunal for the former
Yugoslavia.
LANDMINES
SEC. 555. Notwithstanding any other provision of
law, demining equipment available to the Agency for Inter-
national Development and the Department of State and
used
in
support
of
the
clearing
of
landmines
and
unexploded ordnance for humanitarian purposes may be
disposed of on a grant basis in foreign countries, subject
to such terms and conditions as the President may pre-
scribe.
RESTRICTIONS CONCERNING THE PALESTINIAN
AUTHORITY
SEC. 556. None of the funds appropriated by this Act
may be obligated or expended to create in any part of Je-
rusalem a new office of any department or agency of the
United States Government for the purpose of conducting
official United States Government business with the Pal-
estinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-
PLO Declaration of Principles: Provided, That this re-
striction shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem:
Provided further, That meetings between officers and em-
ployees of the United States and officials of the Palestin-
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ian Authority, or any successor Palestinian governing en-
tity provided for in the Israel-PLO Declaration of Prin-
ciples, for the purpose of conducting official United States
Government business with such authority should continue
to take place in locations other than Jerusalem. As has
been true in the past, officers and employees of the United
States Government may continue to meet in Jerusalem on
other subjects with Palestinians (including those who now
occupy positions in the Palestinian Authority), have social
contacts, and have incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 557. None of the funds appropriated or other-
wise made available by this Act under the heading
‘‘INTERNATIONAL MILITARY EDUCATION AND TRAINING’’
or ‘‘FOREIGN MILITARY FINANCING PROGRAM’’ for Infor-
mational Program activities may be obligated or expended
to pay for—
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Infor-
mational Program trips where students do not stay
at a military installation; or
(3) entertainment expenses for activities that
are substantially of a recreational character, includ-
ing entrance fees at sporting events and amusement
parks.
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EQUITABLE ALLOCATION OF FUNDS
SEC. 558. Not more than 18 percent of the funds
appropriated by this Act to carry out the provisions of sec-
tions 103 through 106 and chapter 4 of part II of the
Foreign Assistance Act of 1961, that are made available
for Latin America and the Caribbean region may be made
available, through bilateral and Latin America and the
Caribbean regional programs, to provide assistance for
any country in such region.
PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS
SEC. 559. (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 en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
LIMITATION OF FUNDS FOR NORTH AMERICAN
DEVELOPMENT BANK
SEC. 560. None of the Funds appropriated in this
Act under the heading ‘‘North American Development
Bank’’ and made available for the Community Adjustment
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and Investment Program shall be used for purposes other
than those set out in the binational agreement establishing
the Bank.
INTERNATIONAL DEVELOPMENT ASSOCIATION
SEC. 561. In order to pay for the United States con-
tribution to the eleventh replenishment of the resources
of the International Development Association, there are
authorized to be appropriated, without fiscal year limita-
tion, $606,000,000 for payment by the Secretary of the
Treasury.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 562. (a) AUTHORITY TO REDUCE DEBT.—The
President may reduce amounts owed to the United States
(or any agency of the United States) by an eligible country
as a result of—
(1) guarantees issued under sections 221 and
222 of the Foreign Assistance Act of 1961; or
(2) credits extended or guarantees issued under
the Arms Export Control Act.
(b) LIMITATIONS.—
(1) The authority provided by subsection (a)
may be exercised only to implement multilateral offi-
cial debt relief and referendum agreements, com-
monly referred to as ‘‘Paris Club Agreed Minutes’’.
(2) The authority provided by subsection (a)
may be exercised only in such amounts or to such
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extent as is provided in advance by appropriations
Acts.
(3) The authority provided by subsection (a)
may be exercised only with respect to countries with
heavy debt burdens that are eligible to borrow from
the International Development Association, but not
from the International Bank for Reconstruction and
Development, commonly referred to as ‘‘IDA-only’’
countries.
(c) CONDITIONS.—The authority provided by sub-
section (a) may be exercised only with respect to a country
whose government—
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts
of international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of
gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
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(d) AVAILABILITY OF FUNDS.—The authority pro-
vided by subsection (a) may be used only with regard to
funds appropriated by this Act under the heading ‘‘Debt
restructuring’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re-
duction of debt pursuant to subsection (a) shall not be
considered assistance for purposes of any provision of law
limiting assistance to a country. The authority provided
by subsection (a) may be exercised notwithstanding sec-
tion 620(r) of the Foreign Assistance Act of 1961.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 563. (a) LOANS ELIGIBLE FOR SALE, REDUC-
TION, OR CANCELLATION.—
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL
CERTAIN LOANS.—Notwithstanding any other provi-
sion of law, the President may, in accordance with
this section, sell to any eligible purchaser any
concessional loan or portion thereof made before
January 1, 1995, pursuant to the Foreign Assist-
ance Act of 1961, to the government of any eligible
country as defined in section 702(6) of that Act or
on receipt of payment from an eligible purchaser, re-
duce or cancel such loan or portion thereof, only for
the purpose of facilitating—
(A) debt-for-equity swaps, debt-for-develop-
ment swaps, or debt-for-nature swaps; or
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(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the difference
between the price paid for such debt and the
face value of such debt, to support activities
that link conservation and sustainable use of
natural resources with local community develop-
ment, and child survival and other child devel-
opment, in a manner consistent with sections
707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation
would not contravene any term or condition of
any prior agreement relating to such loan.
(2) TERMS AND CONDITIONS.—Notwithstanding
any other provision of law, the President shall, in ac-
cordance with this section, establish the terms and
conditions under which loans may be sold, reduced,
or canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined
in section 702(8) of the Foreign Assistance Act of
1961, shall notify the administrator of the agency
primarily responsible for administering part I of the
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Foreign Assistance Act of 1961 of purchasers that
the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduc-
tion, or cancellation of a loan pursuant to this sec-
tion. Such agency shall make an adjustment in its
accounts to reflect the sale, reduction, or cancella-
tion.
(4) LIMITATION.—The authorities of this sub-
section shall be available only to the extent that ap-
propriations for the cost of the modification, as de-
fined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from the
sale, reduction, or cancellation of any loan sold, reduced,
or canceled pursuant to this section shall be deposited in
the United States Government account or accounts estab-
lished for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—A loan may be sold
pursuant to subsection (a)(1)(A) only to a purchaser who
presents plans satisfactory to the President for using the
loan for the purpose of engaging in debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to
any eligible purchaser, or any reduction or cancellation
pursuant to this section, of any loan made to an eligible
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country, the President should consult with the country
concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-
for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority pro-
vided by subsection (a) may be used only with regard to
funds appropriated by this Act under the heading ‘‘Debt
restructuring’’.
GUATEMALA
SEC. 564. (a) Funds provided in this Act may be
made available for the Guatemalan military forces, and
the restriction on Guatemala under the heading ‘‘Foreign
Military Financing Program’’ shall not apply, only if the
President determines and certifies to the Congress that
the Guatemalan military is cooperating fully with efforts
to resolve human rights abuses which elements of the Gua-
temalan military forces are alleged to have committed, or-
dered or attempted to thwart the investigation of, and to
implement the peace settlement.
(b) The prohibition contained in subsection (a) shall
not apply to funds made available to implement a ceasefire
or peace agreement.
(c) Any funds made available pursuant to subsections
(a) or (b) shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
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SANCTIONS AGAINST COUNTRIES HARBORING WAR
CRIMINALS
SEC. 565. (a) BILATERAL ASSISTANCE.—The Presi-
dent is authorized to withhold funds appropriated by this
Act under the Foreign Assistance Act of 1961 or the Arms
Export Control Act for any country described in sub-
section (c).
(b) MULTILATERAL ASSISTANCE.—The Secretary of
the Treasury should instruct the United States executive
directors of the international financial institutions to work
in opposition to, and vote against, any extension by such
institutions of financing or financial or technical assist-
ance to any country described in subsection (c).
(c) SANCTIONED COUNTRIES.—A country described
in this subsection is a country the government of which
knowingly grants sanctuary to persons in its territory for
the purpose of evading prosecution, where such persons—
(1) have been indicted by the International
Criminal Tribunal for the former Yugoslavia, the
International Criminal Tribunal for Rwanda, or any
other international tribunal with similar standing
under international law; or
(2) have been indicted for war crimes or crimes
against humanity committed during the period be-
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ginning March 23, 1933 and ending on May 8, 1945
under the direction of, or in association with—
(A) the Nazi government of Germany;
(B) any government in any area occupied
by the military forces of the Nazi government
of Germany;
(C) any government which was established
with the assistance or cooperation of the Nazi
government; or
(D) any government which was an ally of
the Nazi government of Germany.
LIMITATION ON ASSISTANCE FOR HAITI
SEC. 566. (a) LIMITATION.—None of the funds ap-
propriated or otherwise made available by this Act, may
be provided to the Government of Haiti until the President
reports to Congress that—
(1) the Government is conducting thorough in-
vestigations of extrajudicial and political killings
that have taken place in Haiti since February 12,
1996; and
(2) the Government has completed privatization
of (or placed under long-term private management
contract) at least three major public enterprises.
(b) Nothing in this section shall be construed to re-
strict the provision of humanitarian, law enforcement,
antinarcotics, or electoral assistance.
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(c) The President may waive the requirements of this
section on a semiannual basis if he determines and cer-
tifies to the appropriate committees of Congress that it
is in the national interest of the United States.
REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN
REPORT OF SECRETARY OF STATE
SEC. 567. (a) FOREIGN AID REPORTING REQUIRE-
MENT.—In addition to the voting practices of a foreign
country, the report required to be submitted to Congress
under section 406(a) of the Foreign Relations Authoriza-
tion Act, fiscal years 1990 and 1991 (22 U.S.C. 2414a),
shall include a side-by-side comparison of individual coun-
tries’ overall support for the United States at the United
Nations and the amount of United States assistance pro-
vided to such country in fiscal year 1997.
(b) UNITED STATES ASSISTANCE.—For purposes of
this section, the term ‘‘United States assistance’’ has the
meaning given the term in section 481(e)(4) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO
UNITED NATIONS AGENCIES
SEC. 568. (a) PROHIBITION ON VOLUNTARY CON-
TRIBUTIONS FOR THE UNITED NATIONS.—None of the
funds appropriated or otherwise made available by this
Act may be made available to pay any voluntary contribu-
tion of the United States to the United Nations (including
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the United Nations Development Program) if the United
Nations implements or imposes any taxation on any Unit-
ed States persons.
(b) CERTIFICATION REQUIRED FOR DISBURSEMENT
OF FUNDS.—None of the funds appropriated or otherwise
made available under this Act may be made available to
pay any voluntary contribution of the United States to the
United Nations (including the United Nations Develop-
ment Program) unless the President certifies to the Con-
gress 15 days in advance of such payment that the United
Nations is not engaged in any effort to implement or im-
pose any taxation on United States persons in order to
raise revenue for the United Nations or any of its special-
ized agencies.
(c) DEFINITIONS.—As used in this section the term
‘‘United States person’’ refers to—
(1) a natural person who is a citizen or national
of the United States; or
(2) a corporation, partnership, or other legal
entity organized under the United States or any
State, territory, possession, or district of the United
States.
NORTH KOREA
SEC. 569. Ninety days after the date of enactment
of this Act, and every 180 days thereafter, the Secretary
of State, in consultation with the Secretary of Defense,
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shall provide a report in a classified or unclassified form
to the Committee on Appropriations including the follow-
ing information:
(a) a best estimate on fuel used by the military
forces of the Democratic People’s Republic of Korea
(DPRK);
(b) the deployment position and military train-
ing and activities of the DPRK forces and best esti-
mate of the associated costs of these activities;
(c) steps taken to reduce the DPRK level of
forces; and
(d) cooperation, training, or exchanges of infor-
mation, technology or personnel between the DPRK
and any other nation supporting the development or
deployment of a ballistic missile capability.
ASSISTANCE TO TURKEY
SEC. 570. (a) Not more than $40,000,000 of the
funds appropriated in this Act under the heading ‘‘Eco-
nomic Support Fund’’ may be made available for Turkey.
(b) Of the funds made available under the heading
‘‘Economic Support Fund’’ for Turkey, not less than fifty
percent of these funds shall be made available for the pur-
pose of supporting private nongovernmental organizations
engaged in strengthening democratic institutions in Tur-
key, providing economic assistance for individuals and
communities affected by civil unrest, and supporting and
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promoting peaceful solutions and economic development
which will contribute to the settlement of regional prob-
lems in Turkey.
LIMITATION ON ASSISTANCE TO THE P.L.O. AND THE
PALESTINIAN AUTHORITY
SEC. 571. (a) SENSE OF THE CONGRESS.—It is the
sense of the Congress that the Palestine Liberation Orga-
nization (hereafter the ‘‘P.L.O.’’) should do far more to
demonstrate an irrevocable denunciation of terrorism and
to ensure a peaceful settlement of the Middle East dispute,
and in particular it should—
(1) submit to the Palestinian Council for formal
approval the necessary changes to those specific arti-
cles of the Palestinian National Charter which deny
Israel’s right to exist or support the use of violence;
(2) to the maximum extent possible, preempt
acts of terror, discipline violators, publicly condemn
all terrorist acts, actively work to dismantle other
terrorist organizations, and contribute to stemming
the violence that has resulted in the deaths of over
230 Israeli and United States citizens since the sign-
ing of the Declaration of Principles on Interim Self-
Government Arrangements (hereafter the ‘‘Declara-
tion of Principles’’) on September 13, 1993, at the
White House;
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(3) prohibit participation in the P.L.O. or the
Palestinian Authority or its successors of any groups
or individuals which promote or commit acts of ter-
rorism;
(4) cease all anti-Israel rhetoric, which poten-
tially undermines the peace process;
(5) confiscate all unlicensed weapons and re-
strict the issuance of licenses to those with legiti-
mate need;
(6) transfer and cooperate in transfer proceed-
ings relating to any person accused by Israel or the
United States of having committed acts of terrorism
against Israeli or United States nationals; and
(7) respect civil liberties, human rights and
democratic norms as applied equally to all persons
regardless of ethnic, religious, or national origin.
(b) LIMITATION ON ASSISTANCE.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, funds appropriated or otherwise
made available by this Act may be obligated for as-
sistance to the P.L.O. or the Palestinian Authority
only for the period beginning 3 months after the
date of the enactment of this Act and for 6 months
thereafter, and only if—
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(A) the President has exercised the author-
ity under section 604(a) of the Middle East
Peace Facilitation Act of 1995 (title VI of Pub-
lic Law 104–107) or any other legislation to
suspend or make inapplicable section 307 of the
Foreign Assistance Act of 1961 and that sus-
pension is still in effect; and
(B) in addition to the requirements con-
tained in such Act or other legislation, the
President prepares and transmits to the Con-
gress a report described in paragraph (2).
(2) REPORT.—A report described in this para-
graph is a report containing the following:
(A) A description of all efforts being made
to apprehend, prosecute, or have extradited to
the United States Mohammad Deif (allegedly
responsible
for
the
death
of
Nachshon
Wachsman, a United States citizen), Amjad
Hinawi (allegedly responsible for the death of
David Boim, a United States citizen), Abu
Abbas
(responsible
for
the
death
of
Leon
Klinghoffer, a United States citizen), Amid al-
Hindi (allegedly responsible for death of David
Berger, a United States citizen), and Nafez
Mahmoud Sabih (who helped plan the February
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1996 attack on a Jerusalem bus in which Jew-
ish Theological Seminary students Sara Duker
and Matthew Eisenfeld, both United States citi-
zens, were murdered).
(B) An official, updated, and revised copy
of the Palestinian National Charter (Covenant)
showing which specific articles have been re-
scinded by the decision taken on April 24, 1996
by the P.L.O. Executive Committee.
(C) A description of all actions being taken
by the Palestinian Authority to eradicate and
prevent the use of the map of Israel to rep-
resent ‘‘Palestine’’.
(D) A certification that the Palestinian
Authority has established a court system that
respects due process requirements, including
the right to a lawyer, the right to confront wit-
nesses, the right to be informed of the charges
under which one is accused, and the right to a
jury trial.
(E) A certification that the Palestinian Au-
thority has established humane prison condi-
tions.
(F) A certification that the Palestinian Au-
thority has taken all measures to rescind the
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death penalty imposed for the sale of land to
Jews, has eliminated the practice of incarcerat-
ing real estate agents for the sale of land to
Jews or Israelis, and has actively sought the
perpetrators of such actions.
SENSE OF THE CONGRESS RELATING TO INTERNATIONAL
ADOPTION LAWS AND PRACTICES OF PARAGUAY
SEC. 572. It is the sense of the Congress that the
President and the Secretary of State should use all oppor-
tunities and means to express directly to all appropriate
officials of the Government of Paraguay that—
(1) the United States respects and supports the
commitment of the Government of Paraguay to re-
form its laws and practices regarding international
adoptions;
(2) the pending international adoption cases
filed by United States families at or prior to the es-
tablishment by the Government of Paraguay of a
moratorium on international adoptions, including the
11 adoption cases commonly referred to as the ‘‘win-
dow of opportunity’’ adoption cases, should be al-
lowed to continue and complete the adoption process
in a fair, unbiased, and timely fashion;
(3) such United States adoption cases should be
determined on the basis of the two key tenets for
international adoption in Paraguay, namely the fit-
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ness of the petitioning family to be parents and what
is in the best interests and welfare of the child; and
(4) any international adoption reform legisla-
tion approved by the Government of Paraguay
should allow such United States adoption cases to
complete the adoption process.
SEC. 573. None of the funds appropriated or other-
wise made available by this Act under the heading ‘‘NON-
PROLIFERATION,
ANTI-TERRORISM,
DEMINING
AND
RE-
LATED PROGRAMS’’ that are made available for the Inter-
national Atomic Energy Agency shall be made available
for programs and projects of such Agency in Cuba.
PROHIBITION OF ASSISTANCE TO CAMBODIA
SEC. 574. (a) None of the funds appropriated in this
Act may be made available to the Government of Cam-
bodia.
(b) None of the funds appropriated in this Act for
the International Development Association, the Inter-
national Monetary Fund, or the Asian Development Bank
may be used for any loan to the Government of Cambodia.
LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF
CROATIA
SEC. 575. None of the funds appropriated or other-
wise made available by title II of this Act may be made
available to the Government of Croatia to relocate the re-
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mains of Croatian Ustashe soldiers, at the site of the
World War II concentration camp at Jasenovac, Croatia.
LIMITATION ON PROCUREMENT OUTSIDE THE UNITED
STATES
SEC. 576. Funds appropriated or otherwise made
available by this Act may be used for procurement outside
the United States or less developed countries only if—
(1) such funds are used for the procurement of
commodities or services, or defense articles or de-
fense services, produced in the country in which the
assistance is to be provided, except that this para-
graph only applies if procurement in that country
would cost less than procurement in the United
States or less developed countries;
(2) the provision of such assistance requires
commodities or services, or defense articles or de-
fense services, of a type that are not produced in,
and available for purchase from, the United States,
less developed countries, or the country in which the
assistance is to be provided; or
(3) the President determines on a case-by-case
basis that procurement outside the United States or
less developed countries would result in the more ef-
ficient use of United States foreign assistance re-
sources.
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SEC. 577. None of the funds in this Act may be used
to pay for NATO expansion not authorized by law.
SEC. 578. None of the funds appropriated in this Act
may be made available directly to the government of Cam-
bodia.
SEC. 579. The amounts otherwise provided by this
Act are revised by reducing the amount made available
for ‘‘ECONOMIC
SUPPORT
FUND’’, and increasing the
amount made available for ‘‘CONTRIBUTION TO THE AFRI-
CAN
DEVELOPMENT
FUND’’ (as authorized by section
526(c) of Public Law 103–306; 108 Stat. 1632), by
$25,000,000.
SENSE OF THE CONGRESS REGARDING COSTS OF THE
PARTNERSHIP FOR PEACE PROGRAM AND NATO EX-
PANSION
SEC. 580. It is the sense of the Congress that all
member nations of the North Atlantic Treaty Organiza-
tion (NATO) should contribute their proportionate share
to pay for the costs of the Partnership for Peace program
and for any future costs attributable to the expansion of
NATO.
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FOREIGN ORGANIZATIONS THAT PERFORM OR PROMOTE
ABORTION
OVERSEAS;
FORCED
ABORTION
IN
THE
PEOPLE’S REPUBLIC OF CHINA
SEC. 581. (a) Section 104 of the Foreign Assistance
Act of 1961 is amended by adding at the end the following
new subsection:
‘‘(h) RESTRICTION ON ASSISTANCE TO FOREIGN OR-
GANIZATIONS THAT PERFORM OR ACTIVELY PROMOTE
ABORTIONS.—
‘‘(1) PERFORMANCE OF ABORTIONS.—
‘‘(A) Notwithstanding section 614 of this
Act or any other provision of law, no funds ap-
propriated for population planning activities or
other population assistance may be made avail-
able for any foreign private, nongovernmental,
or multilateral organization until the organiza-
tion certifies that it will not, during the period
for which the funds are made available, perform
abortions in any foreign country, except where
the life of the mother would be endangered if
the pregnancy were carried to term or in cases
of forcible rape or incest.
‘‘(B) Subparagraph (A) may not be con-
strued to apply to the treatment of injuries or
illnesses caused by legal or illegal abortions or
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to assistance provided directly to the govern-
ment of a country.
‘‘(2)
LOBBYING
ACTIVITIES.—(A)
Notwith-
standing section 614 of this Act or any other provi-
sion of law, no funds appropriated for population
planning activities or other population assistance
may be made available for any foreign private, non-
governmental, or multilateral organization until the
organization certifies that it will not, during the pe-
riod for which the funds are made available, violate
the laws of any foreign country concerning the cir-
cumstances under which abortion is permitted, regu-
lated, or prohibited, or engage in any activity or ef-
fort to alter the laws or governmental policies of any
foreign country concerning the circumstances under
which abortion is permitted, regulated, or prohibited.
‘‘(B) Subparagraph (A) shall not apply to ac-
tivities in opposition to coercive abortion or involun-
tary sterilization.
‘‘(3)
APPLICATION
TO
FOREIGN
ORGANIZA-
TIONS.—The prohibitions of this subsection apply to
funds made available to a foreign organization either
directly or as a subcontractor or subgrantee, and the
certifications required by paragraphs (1) and (2)
apply to activities in which the organization engages
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either directly or through a subcontractor or sub-
grantee.’’.
(b) Section 301 of the Foreign Assistance Act of
1961 is amended by adding at the end the following new
subsection:
‘‘(i) LIMITATION RELATING TO FORCED ABORTIONS
IN THE PEOPLE’S REPUBLIC OF CHINA.—Notwithstand-
ing section 614 of this Act or any other provision of law,
no funds may be made available for the United Nations
Population Fund (UNFPA) in any fiscal year unless the
President certifies that—
‘‘(1) UNFPA has terminated all activities in
the People’s Republic of China, and the United
States has received assurances that UNFPA will
conduct no such activities during the fiscal year for
which the funds are to be made available; or
‘‘(2) during the 12 months preceding such cer-
tification there have been no abortions as the result
of coercion associated with the family planning poli-
cies of the national government or other govern-
mental entities within the People’s Republic of
China.
As used in this section, the term ‘coercion’ includes phys-
ical duress or abuse, destruction or confiscation of prop-
103
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erty, loss of means of livelihood, or severe psychological
pressure.’’.
This Act may be cited as the ‘‘Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 1998’’.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1998, and for other pur-
poses, namely:
TITLE I—EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of
funds and borrowing authority available to such corpora-
tion, and in accordance with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tations, as provided by section 104 of the Government Cor-
poration 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 cur-
rent fiscal year may be used to make expenditures, con-
tracts, 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
104
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economic or military assistance under this Act that has det-
onated 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 Ex-
port-Import Bank Act of 1945, as amended, $700,000,000
to remain available until September 30, 1999: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budg-
et Act of 1974: Provided further, That such sums shall re-
main available until 2013 for the disbursement of direct
loans, loan guarantees, insurance and tied-aid grants obli-
gated in fiscal years 1998 and 1999: Provided further, That
up to $50,000,000 of funds appropriated by this paragraph
shall remain available until expended and may be used for
tied-aid grant purposes: Provided further, That none of the
funds appropriated by this Act or any prior Act appro-
priating funds for foreign operations, export financing, or
related programs for tied-aid credits or grants may be used
for any other purpose except through the regular notifica-
tion procedures of the Committees on Appropriations.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct
and guaranteed loan and insurance programs (to be com-
puted on an accrual basis), including hire of passenger
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motor vehicles and services as authorized by 5 U.S.C. 3109,
and not to exceed $20,000 for official reception and rep-
resentation expenses for members of the Board of Directors,
$46,614,000: 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, re-
possession or sale of pledged collateral or other assets ac-
quired by the Export-Import Bank in satisfaction of mon-
eys 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 appli-
cation for a loan, guarantee or insurance commitment has
been made, shall be considered nonadministrative expenses
for the purposes of this heading: Provided further, That,
notwithstanding subsection (b) of section 117 of the Export
Enhancement Act of 1992, subsection (a) thereof shall re-
main in effect until October 1, 1998.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
as provided by 31 U.S.C. 9104, such expenditures and com-
mitments within the limits of funds available to it and in
accordance with law as may be necessary: Provided, That
the amount available for administrative expenses to carry
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out the credit and insurance programs (including an
amount for official reception and representation expenses
which shall not exceed $35,000) shall not exceed
$32,000,000: Provided further, That project-specific trans-
action costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of
1961, shall not be considered administrative expenses for
the purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans,
$60,000,000, as authorized by section 234 of the Foreign
Assistance Act of 1961 to be derived by transfer from the
Overseas Private Investment Corporation noncredit ac-
count: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such sums shall be available for direct loan obligations and
loan guaranty commitments incurred or made during fiscal
years 1998 and 1999: Provided further, That such sums
shall remain available through fiscal year 2006 for the dis-
bursement of direct and guaranteed loans obligated in fiscal
year 1998, and through fiscal year 2007 for the disburse-
ment of direct and guaranteed loans obligated in fiscal year
1999: Provided further, That in addition, such sums as may
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be necessary for administrative expenses to carry out the
credit program may be derived from amounts available for
administrative expenses to carry out the credit and insur-
ance programs in the Overseas Private Investment Corpora-
tion Noncredit Account and merged with said account.
FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$43,000,000, to remain available until September 30, 1999:
Provided, That the Trade and Development Agency may re-
ceive reimbursements from corporations and other entities
for the costs of grants for feasibility studies and other
project planning services, to be deposited as an offsetting
collection to this account and to be available for obligation
until September 30, 1999, for necessary expenses under this
paragraph: Provided further, That such reimbursements
shall not cover, or be allocated against, direct or indirect
administrative costs of the agency.
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, 1998, unless otherwise specified herein, as follows:
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AGENCY FOR INTERNATIONAL DEVELOPMENT
DEVELOPMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of
sections 103 through 106 and chapter 10 of part I of the
Foreign Assistance Act of 1961, title V of the International
Security and Development Cooperation Act of 1980 (Public
Law 96–533) and the provisions of section 401 of the For-
eign Assistance Act of 1969, $1,358,093,020, to remain
available until September 30, 1999: Provided, That of the
amount 
appropriated 
under 
this 
heading, 
up 
to
$18,000,000 may be made available for the Inter-American
Foundation and shall be apportioned directly to that Agen-
cy: Provided further, That of the amount appropriated
under this heading, up to $10,500,000 may be made avail-
able for the African Development Foundation and shall be
apportioned directly to that agency: Provided further, That
of the funds appropriated under title II of this Act that
are administered by the Agency for International Develop-
ment and made available for family planning assistance,
not less than 65 per centum shall be made available directly
to the agency’s central Office of Population and shall be
programmed by that office for family planning activities:
Provided further, That of the funds made available under
this heading, not less than $30,000,000, above the amount
of funds made available to combat infectious diseases in the
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fiscal year 1997, shall be made available to strengthen glob-
al surveillance and control of infectious diseases: Provided
further, That such funds shall be subject to the regular noti-
fication procedures of the Committees on Appropriations:
Provided further, That none of the funds made available
in this Act nor any unobligated balances from prior appro-
priations may be made available to any organization or
program which, as determined by the President of the Unit-
ed 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 reli-
gious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants
shall comply with the requirements of the previous proviso:
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Provided further, That for purposes of this or any other
Act authorizing or appropriating funds for foreign oper-
ations, export financing, and related programs, the term
‘‘motivate’’, as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent
with local law, of information or counseling about all preg-
nancy options: Provided further, That nothing in this para-
graph shall be construed to alter any existing statutory pro-
hibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That, notwith-
standing section 109 of the Foreign Assistance Act of 1961,
of the funds appropriated under this heading in this Act,
and of the unobligated balances of funds previously appro-
priated under this heading, $2,500,000 shall be transferred
to ‘‘International Organizations and Programs’’ for a con-
tribution to the International Fund for Agricultural Devel-
opment (IFAD), and that any such transfer of funds shall
be subject to the regular notification procedures of the Com-
mittees on Appropriations: Provided further, That of the
funds appropriated under this heading that are made avail-
able for assistance programs for displaced and orphaned
children and victims of war, not to exceed $25,000, in addi-
tion to funds otherwise available for such purposes, may
be used to monitor and provide oversight of such programs:
Provided further, That of the funds appropriated under this
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heading, not less than $15,000,000 shall be available for the
American Schools and Hospitals Abroad Program: Pro-
vided further, That not less than $500,000 of the funds ap-
propriated under this heading shall be made available only
for support of the United States Telecommunications
Training Institute: Provided further, That of the funds
made available under this heading for Haiti, up to
$250,000 may be made available to support a program to
assist Haitian children in orphanages.
POPULATION, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of
section 104(b) of the Foreign Assistance Act of 1961,
$435,000,000, to remain available until September 30,
1999.
CYPRUS
Of the funds appropriated under the headings ‘‘Devel-
opment Assistance’’ and ‘‘Economic Support Fund’’, not
less than $15,000,000 shall be made available for Cyprus
to be used only for scholarships, administrative support of
the scholarship program, bicommunal projects, and meas-
ures aimed at reunification of the island and designed to
reduce tensions and promote peace and cooperation between
the two communities on Cyprus.
BURMA
Of the funds appropriated under the heading ‘‘Devel-
opment Assistance’’, not less than $5,000,000 shall be made
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available to support activities in Burma, along the Burma-
Thailand border, and for activities of Burmese student
groups and other organizations located outside Burma: Pro-
vided, That $3,000,000 of these funds shall be made avail-
able for the purposes of fostering democracy, including not
less than $200,000 to be made available for newspapers,
media, and publications promoting democracy for Burma:
Provided further, That $2,000,000 of these funds shall be
made available to support the provision of medical supplies
and services and other humanitarian assistance to Burmese
located in Burma or displaced Burmese along the borders:
Provided further, That funds made available for Burma re-
lated activities under this heading may be made available
notwithstanding any other provision of law: Provided fur-
ther, That provision of such funds shall be made available
subject to the regular notification procedures of the Commit-
tees on Appropriations.
CAMBODIA
None of the funds appropriated by this Act may be
made available for activities or programs in Cambodia
until the Secretary of State determines and reports to the
Committees on Appropriations that the Government of
Cambodia has (1) not been established in office by the use
of force or a coup d’etat; (2) discontinued all political vio-
lence and intimidation of journalists and members of oppo-
sition parties; (3) established an independent election com-
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mission; (4) protected the rights of voters, candidates, and
election observers and participants by establishing laws and
procedures guaranteeing freedom of speech and assembly;
(5) eliminated corruption and collaboration with narcotics
smugglers; and (6) been elected in a free and fair demo-
cratic election: Provided, That restrictions on funds made
available under this heading shall not apply to humani-
tarian programs or other activities administered by non-
governmental organizations: Provided further, That 30 days
after enactment of this Act, the Secretary of State, in con-
sultation with the Director of the Federal Bureau of Inves-
tigation, shall report to the Committees on Appropriations
on the results of the FBI investigation into the bombing
attack in Phnom Penh on March 30, 1997.
GUATEMALA CLARIFICATION COMMISSION
Of the funds made available under the headings ‘‘De-
velopment Assistance’’and ‘‘Economic Support Fund’’, not
less than $1,000,000 shall be made available to support the
Guatemala Clarification Commission.
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 amend-
ed, $195,000,000, to remain available until expended.
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DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congres-
sional Budget Act of 1974, 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 Func-
tion 150, including the cost of selling, reducing, or canceling
amounts, through debt buybacks and swaps, owed to the
United States as a result of concessional loans made to eli-
gible Latin American and Caribbean countries, pursuant
to part IV of the Foreign Assistance Act of 1961, and of
modifying concessional loans authorized under title I of the
Agricultural Trade Development and Assistance Act of
1954, as amended, as authorized under subsection (a) under
the heading ‘‘Debt Reduction for Jordan’’ in title VI of Pub-
lic Law 103–306 and (b) direct loans extended to least de-
veloped countries, as authorized under section 411 of the
Agriculture Trade and Assistance Act of 1954 as amended;
$34,000,000, to remain available until expended: Provided,
That none of the funds appropriated under this heading
shall be obligated except as provided through the regular
notification procedures of the Committees on Appropria-
tions.
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MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM
ACCOUNT
For the cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign As-
sistance Act of 1961, as amended: Provided, That such costs
shall be as defined in section 502 of the Congressional Budg-
et Act of 1974: Provided further, That guarantees of loans
made under this heading in support of microenterprise ac-
tivities may guarantee up to 70 per centum of the principal
amount of any such loans notwithstanding section 108 of
the Foreign Assistance Act of 1961. In addition, for admin-
istrative expenses to carry out programs under this head-
ing, $500,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of
the Agency for International Development: Provided fur-
ther, That funds made available under this heading shall
remain available until September 30, 1999.
URBAN AND ENVIRONMENTAL CREDIT PROGRAM ACCOUNT
For the cost, as defined in section 502 of the Congres-
sional Budget Act of 1974, of guaranteed loans authorized
by sections 221 and 222 of the Foreign Assistance Act of
1961, $3,000,000, to remain available until September 30,
1999: Provided, That these funds are available to subsidize
loan principal, 100 per centum of which shall be guaran-
teed, pursuant to the authority of such sections. In addition,
for administrative expenses to carry out guaranteed loan
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programs, $6,000,000, all of which may be transferred to
and merged with the appropriation for Operating Expenses
of the Agency for International Development: Provided fur-
ther, That commitments to guarantee loans under this head-
ing may be entered into notwithstanding the second and
third sentences of section 222(a) and, with regard to pro-
grams for Central and Eastern Europe and programs for
the benefit of South Africans disadvantaged by apartheid,
section 223(j) 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 organiza-
tion, which obtains less than 20 per centum of its total an-
nual funding for international activities from sources other
than the United States Government: Provided, That the re-
quirements 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 Assist-
ance and Related Programs Appropriations Act, 1985’’ (as
enacted in Public Law 98–473) shall be superseded by the
provisions of this section, except that the authority con-
tained in the last sentence of section 123(g) may be exer-
cised by the Administrator with regard to the requirements
of this paragraph.
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Funds appropriated or otherwise made available
under title II of this Act should be made available to private
and voluntary organizations at a level which is at least
equivalent to the level provided in fiscal year 1995. Such
private and voluntary organizations shall include those
which operate on a not-for-profit basis, receive contribu-
tions from private sources, receive voluntary support from
the public and are deemed to be among the most cost-effec-
tive and successful providers of development assistance.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY FUND
For payment to the ‘‘Foreign Service Retirement and
Disability Fund’’, as authorized by the Foreign Service Act
of 1980, $44,208,000.
OPERATING EXPENSES OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions of
section 667, $473,000,000, to remain available until Sep-
tember 30, 1999: Provided, That none of the funds appro-
priated by this Act for programs administered by the Agen-
cy for International Development may be used to finance
printing costs of any report or study (except feasibility, de-
sign, or evaluation reports or studies) in excess of $25,000
without the approval of the Administrator of the Agency
or the Administrator’s designee.
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OPERATING
EXPENSES
OF
THE
AGENCY
FOR
INTER-
NATIONAL DEVELOPMENT OFFICE OF INSPECTOR GEN-
ERAL
For necessary expenses to carry out the provisions of
section 667, $29,047,000, to remain available until Septem-
ber 30, 1999, which sum shall be available for the Office
of the Inspector General of the Agency for International De-
velopment.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,541,150,000, to remain available
until September 30, 1999: Provided, That of the funds ap-
propriated under this heading, not less than $1,200,000,000
shall be available only for Israel, which sum shall be avail-
able on a grant basis as a cash transfer and shall be dis-
bursed within thirty days of enactment of this Act or by
October 31, 1997, whichever is later: Provided further, That
not less than $815,000,000 shall be available only for
Egypt, which sum shall be provided on a grant basis, and
of which sum cash transfer assistance may be provided,
with the understanding that Egypt will undertake signifi-
cant 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
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assistance for Israel, 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 such country: Provided further, That of the funds appro-
priated under this heading, not less than $150,000,000 shall
be made available for Jordan: Provided further, That of the
amount appropriated under this heading, not less than
$500,000 shall be available only for the Special Investiga-
tive Unit (SIU) of the Haitian National Police.
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,
$485,000,000, to remain available until September 30,
1999, which shall be available, notwithstanding any other
provision of law, for economic assistance and for related
programs for Eastern Europe and the Baltic States.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available
for an Enterprise Fund may be deposited by such Fund
in interest-bearing accounts prior to the Fund’s disburse-
ment 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 Treas-
ury of the United States and without further appropriation
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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 As-
sistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
(d) With regard to funds appropriated or otherwise
made available under this heading for the economic revital-
ization program in Bosnia and Herzegovina, and local cur-
rencies generated by such funds (including the conversion
of funds appropriated under this heading into currency
used by Bosnia and Herzegovina as local currency and local
currency returned or repaid under such program)—
(1) the Administrator of the Agency for Inter-
national Development shall provide written approval
for grants and loans prior to the obligation and ex-
penditure of funds for such purposes, and prior to the
use of funds that have been returned or repaid to any
lending facility or grantee; and
(2) the provisions of section 533 of this Act shall
apply.
(e) Funds appropriated under this heading may not
be made available for economic revitalization programs in
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Bosnia and Herzegovina, if the President determines and
certifies to the Committees on Appropriations that the Fed-
eration of Bosnia and Herzegovina has not complied with
article III of annex 1–A of the General Framework Agree-
ment for Peace in Bosnia and Herzegovina concerning the
withdrawal of foreign forces, and that intelligence coopera-
tion on training, investigations, and related activities be-
tween Iranian officials and Bosnian officials has not been
terminated.
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 re-
lated programs, $800,000,000, to remain available until
September 30, 1999: Provided, That the provisions of such
chapter shall apply to funds appropriated by this para-
graph: Provided further, That up to $22,000,000 made
available under this heading may be transferred to the Ex-
port Import Bank of the United States, and up to
$8,000,000 of the funds made available under this heading
may be transferred to the Micro and Small Enterprise De-
velopment Program, to be used for the cost of direct loans
and loan guarantees for the furtherance of programs under
this heading: Provided further, That such costs, including
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the cost of modifying such loans, shall be as defined in sec-
tion 502 of the Congressional Budget Act of 1974.
(b) None of the funds appropriated under this heading
shall be made available to a Government of the New Inde-
pendent States of the former Soviet Union—
(1) unless that Government is making progress
in implementing comprehensive economic reforms
based on market principles, private ownership, nego-
tiating repayment of commercial debt, respect for
commercial contracts, and equitable treatment of for-
eign private investment; and
(2) if that Government applies or transfers Unit-
ed States assistance to any entity for the purpose of
expropriating or seizing ownership or control of as-
sets, investments, or ventures.
(3) Funds may be furnished without regard to
this subsection if the President determines that to do
so is in the national interest.
(c) None of the funds appropriated under this heading
shall be made available to any government of the New Inde-
pendent States of the former Soviet Union if that govern-
ment directs any action in violation of the territorial integ-
rity or national sovereignty of any other new independent
state, such as those violations included in the Helsinki
Final Act: Provided, That such funds may be made avail-
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able without regard to the restriction in this subsection if
the President determines that to do so is in the national
security 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 pur-
poses of humanitarian and refugee relief.
(d) 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 or nonproliferation programs.
(e) Funds appropriated under this heading shall be
subject to the regular notification procedures of the Commit-
tees on Appropriations.
(f) Funds made available in this Act for assistance to
the New Independent States of the former Soviet Union
shall be subject to the provisions of section 117 (relating
to environment and natural resources) of the Foreign As-
sistance Act of 1961.
(g) Of the funds appropriated under title II of this
Act, including funds appropriated under this heading, not
less than $12,000,000 shall be available only for assistance
for Mongolia: Provided, That funds made available for as-
sistance for Mongolia may be made available in accordance
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with the purposes and utilizing the authorities provided in
chapter 11 of part I of the Foreign Assistance Act of 1961.
(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 small- and medium-size busi-
nesses, entrepreneurs, and others with indigenous private
enterprises in the region, intermediary development organi-
zations committed to private enterprise, and private vol-
untary organizations: Provided, That grantees and contrac-
tors should, to the maximum extent possible, place in key
staff positions specialists with prior on the ground expertise
in the region of activity and fluency in one of the local
languages.
(i) In issuing new task orders, entering into contracts,
or making grants, with funds appropriated under this
heading or in prior appropriations Acts, for projects or ac-
tivities that have as one of their primary purposes the fos-
tering of private sector development, the Coordinator for
United States Assistance to the New Independent States
and the implementing agency shall encourage the participa-
tion of and give significant weight to contractors and grant-
ees who propose investing a significant amount of their own
resources (including volunteer services and in-kind con-
tributions) in such projects and activities.
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(j) Of the funds appropriated under this heading, not
less than $225,000,000 shall be made available for Ukraine:
Provided, That of the funds made available for Ukraine
under this subsection, not less than $25,000,000 shall be
available only for comprehensive legal restructuring nec-
essary to support a decentralized market-oriented economic
system, including the enactment of all necessary substantive
commercial law and procedures, the implementation of re-
forms necessary to establish an independent judiciary and
bar, the education of judges, attorneys, and law students
in the comprehensive commercial law reforms, and public
education designed to promote understanding of commercial
law necessary to Ukraine’s economic independence: Pro-
vided further, That of this amount not less than $8,000,000
shall be made available to support law enforcement institu-
tions and training, not less than $25,000,000 shall be made
available for nuclear reactor safety programs, and not less
than $5,000,000 shall be made available for political party
and related institutional development: Provided further,
That 50 per centum of the amount made available for
Ukraine by this subsection, exclusive of funds made avail-
able in the previous proviso, shall be withheld from obliga-
tion and expenditure until the Secretary of State deter-
mines and certifies that the Government of Ukraine has
taken meaningful steps: (1) to enforce the April 10, 1997
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Anti-Corruption Presidential decree; (2) to privatize state
owned agricultural storage, distribution, equipment and
supply monopolies; and (3) to resolve cases involving U.S.
business complaints and establish a permanent legal mecha-
nism for commercial dispute resolution: Provided further,
That the Secretary shall submit such determination and
certification prior to March 31, 1998.
(k) Of the funds appropriated under this heading, not
less than $100,000,000 shall be made available for Georgia,
of which not less than $10,000,000 shall be made available
to support energy development and privatization initia-
tives: Provided, That not less than $15,000,000 shall be
made available for development of border security tele-
communications infrastructure: Provided further, That not
less than $7,000,000 shall be available for judicial reform
and law enforcement training: Provided further, That not
less than $5,000,000 shall be made available to support
training for border and customs control: Provided further,
That not less than $3,000,000 shall be made available to
support political party and related institutional develop-
ment: Provided further, That not less than $5,000,000 shall
be available for Supsa urban and commercial development:
Provided further, That up to $7,000,000 may be made
available for business and education exchanges and related
activities.
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(l) Of the funds made available under this heading,
not less than $95,000,000 shall be made available for Arme-
nia.
(m) Funds appropriated under this heading or in
prior appropriations Acts that are or have been made avail-
able for an Enterprise Fund may be deposited by such Fund
in interest-bearing accounts prior to the disbursement of
such funds by the Fund 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 appro-
priation by the Congress. Funds made available for Enter-
prise Funds shall be expended at the minimum rate nec-
essary to make timely payment for projects and activities.
(n) None of the funds appropriated under this heading
may be made available for Russia unless the President de-
termines and certifies in writing to the Committees on Ap-
propriations that the Government of Russia has terminated
implementation of arrangements to provide Iran with tech-
nical expertise, training, technology, or equipment nec-
essary to develop a nuclear reactor or ballistic missiles or
related nuclear research facilities or programs.
(o) Of the funds appropriated under this heading, not
less than $10,000,000 shall be made available for a United
States contribution to the Trans-Caucasus Enterprise
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Fund: Provided, That to further the development of the pri-
vate sector in the Trans-Caucasus, such amount may be in-
vested in a Trans-Caucasus Enterprise Fund or invested
in other funds established by public or private organiza-
tions, or transferred to the Overseas Private Investment
Corporation to be available, subject to the requirements of
the Federal Credit Reform Act, to subsidize the costs of di-
rect and guaranteed loans.
(p) Funds made available under this Act or any other
Act may not be provided for assistance to the Government
of Azerbaijan until the President determines, and so reports
to the Congress, that the Government of Azerbaijan is taking
demonstrable steps to cease all blockades and other offensive
uses of force against Armenia and Nagorno-Karabakh: Pro-
vided, That the restriction of this subsection and section 907
of the FREEDOM Support Act shall not apply to—
(1) activities to support electoral and political
reforms or assistance under title V of the FREEDOM
Support Act and section 1424 of the ‘‘National De-
fense Authorization Act for Fiscal Year 1997’’;
(2) any insurance, reinsurance, guarantee, or
other assistance provided by the Overseas Private In-
vestment Corporation under title IV of chapter 2 of
part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2191 et seq.);
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(3) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(4) any financing provided under the Export-
Import Bank Act of 1945 (12 U.S.C. 635 et seq.); or
(5) any activity carried out by a member of the
Foreign Commercial Service while acting within his
or her official capacity.
(q) None of the funds appropriated under this heading
or in prior appropriations legislation may be made avail-
able to establish a joint public-private entity or organiza-
tion engaged in the management of activities or projects
supported by the Defense Enterprise Fund.
(r) 60 days after the date of enactment of this Act,
the Administrator of AID shall report to the Committees
on Appropriations on the rate of obligation and risk and
anticipated returns associated with commitments made by
the United States-Russia Investment Fund. The report shall
include a recommendation on the continued relevance and
advisability of the initial planned life of project commit-
ment.
INDEPENDENT AGENCY
PEACE CORPS
For expenses necessary to carry out the provisions of
the Peace Corps Act (75 Stat. 612), $206,000,000, including
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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: Pro-
vided further, That funds appropriated under this heading
shall remain available until September 30, 1999.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $216,200,000: Provided,
That of these funds not less than $10,000,000 shall be made
available for Law Enforcement Training and Demand Re-
duction: Provided further, That not less than $22,000,000
shall be made available for anti-crime programs: Provided
further, That none of the funds appropriated under this
heading that are made available for counter-narcotics ac-
tivities may be obligated or expended until the Secretary
of State submits a report to the Committees on Appropria-
tions containing: (1) a list of all countries in which the
United States carries out international counter-narcotics
activities; (2) the number, mission and agency affiliation
of U.S. personnel assigned to each such country; and (3)
all costs and expenses obligated for each program, project
or activity by each U.S. agency in each country: Provided
further, That of this amount not to exceed $5,000,000 shall
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be allocated to operate the Western Hemisphere Inter-
national Law Enforcement Academy under the auspices of
the Organization of American States with full oversight by
the Department of State: Provided further, That funds ap-
propriated under this heading shall be provided subject to
the regular notification procedures of the Committees on
Appropriations.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the
Red Cross, assistance to refugees, including contributions
to the International Organization for Migration and the
United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; 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;
purchase and hire of passenger motor vehicles; and services
as authorized by section 3109 of title 5, United States Code,
$650,000,000: Provided, That not more than $12,000,000
shall be available for administrative expenses: Provided fur-
ther, That not less than $80,000,000 shall be made available
for refugees from the former Soviet Union and Eastern Eu-
rope and other refugees resettling in Israel.
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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 not-
withstanding 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 appro-
priated for this purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-ter-
rorism and related programs and activities, $129,000,000,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assist-
ance, section 504 of the FREEDOM Support Act for the
Nonproliferation and Disarmament Fund, section 23 of the
Arms Export Control Act or the Foreign Assistance Act of
1961 for demining activities, notwithstanding any other
provision of law, including activities implemented through
nongovernmental and international organizations, section
301 of the Foreign Assistance Act of 1961 for a voluntary
contribution to the International Atomic Energy Agency
(IAEA) and a voluntary contribution to the Korean Penin-
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sula Energy Development Organization (KEDO): Provided,
That of this amount not to exceed $15,000,000, to remain
available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding
any other provision of law, to promote bilateral and multi-
lateral activities relating to nonproliferation and disar-
mament: 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 organi-
zations when it is in the national security interest of the
United States to do so: Provided further, That such funds
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That
funds appropriated under this heading may be made avail-
able 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 partici-
pate in the activities of that Agency: Provided further, That
not to exceed $30,000,000 may be made available to the Ko-
rean 
Peninsula 
Energy 
Development 
Organization
(KEDO) only for the administrative expenses and heavy
fuel oil costs associated with the Agreed Framework: Pro-
vided further, That such funds may be obligated to KEDO
only if, thirty days prior to such obligation of funds, the
President certifies and so reports to Congress that: (1)(A)
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the parties to the Agreed Framework are taking steps to
assure that progress is made on the implementation of the
January 
1, 
1992, 
Joint 
Declaration 
on 
the
Denuclearization of the Korean Peninsula and the imple-
mentation of the North-South dialogue, and (B) North
Korea is complying with the other provisions of the Agreed
Framework between North Korea and the United States and
with the Confidential Minute; (2) North Korea is cooperat-
ing fully in the canning and safe storage of all spent fuel
from its graphite-moderated nuclear reactors and that such
canning and safe storage is scheduled to be completed by
the end of fiscal year 1997; and (3) North Korea has not
significantly diverted assistance provided by the United
States for purposes for which it was not intended: Provided
further, That the President may waive the certification re-
quirements of the preceding proviso if the President deter-
mines that it is vital to the national security interests of
the United States: Provided further, That no funds may be
obligated for KEDO until 30 days after submission to Con-
gress of the waiver permitted under the preceding proviso:
Provided further, That the obligation of any funds for
KEDO shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further,
That the Secretary of State shall submit to the appropriate
congressional committees an annual report (to be submitted
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with the annual presentation for appropriations) providing
a full and detailed accounting of the fiscal year request for
the United States contribution to KEDO, the expected oper-
ating budget of the Korean Peninsula Energy Development
Organization, to include unpaid debt, proposed annual
costs associated with heavy fuel oil purchases, and the
amount of funds pledged by other donor nations and orga-
nizations to support KEDO activities on a per country
basis, and other related activities: Provided further, That
of the funds made available under this heading, up to
$14,000,000 may be made available to the Korean Penin-
sula Economic Development Organization (KEDO), in ad-
dition to funds otherwise made available under this heading
for KEDO, if the Secretary of State certifies and reports
to the Committees on Appropriations that, except for the
funds made available under this proviso, funds sufficient
to cover all outstanding debts owed by KEDO for heavy
fuel oil have been provided to KEDO: Provided further,
That the additional $14,000,000 made available to KEDO
under this heading may not be obligated or expended until
the Secretary of State certifies and reports to Congress that
North Korea has not violated the Military Armistice Agree-
ment of 1953 during the preceding nine months.
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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,
$47,000,000: Provided, That none of the funds appropriated
under this heading shall be available for Guatemala: Pro-
vided further, That the civilian personnel for whom mili-
tary education and training may be provided under this
heading may include civilians who are not members of a
government whose participation would contribute to im-
proved civil-military relations, civilian control of the mili-
tary, or respect for human rights.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the Presi-
dent to carry out the provisions of section 23 of the Arms
Export Control Act, $3,308,950,000: Provided, That of the
funds appropriated under this heading, not less than
$1,800,000,000 shall be available for grants only for Israel,
and not less than $1,300,000,000 shall be made available
for grants only for Egypt: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed
within thirty days of enactment of this Act or by October
31, 1997, whichever is later: Provided further, That to the
extent that the Government of Israel requests that funds be
used for such purposes, grants made available for Israel by
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this paragraph may, as agreed by Israel and the United
States, be available for advanced weapons systems, of which
not less than $475,000,000 shall be available for the pro-
curement in Israel of defense articles and defense services,
including research and development: Provided further, That
of the funds appropriated by this paragraph, not less than
$100,000,000 shall be available for assistance for Jordan:
Provided further, That of the funds appropriated by this
paragraph, a total of $12,000,000 shall be available for as-
sistance for Estonia, Latvia, and Lithuania: Provided fur-
ther, That funds appropriated by this paragraph shall be
nonrepayable notwithstanding any requirement in section
23 of the Arms Export Control Act: Provided further, That
funds made available under this paragraph shall be obli-
gated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a): Pro-
vided further, That $60,000,000 of the funds appropriated
or otherwise made available under this heading shall be
made available for the purpose of facilitating the integra-
tion of Poland, Hungary, and the Czech Republic into the
North Atlantic Treaty Organization: Provided further,
That, to carry out funding the previous proviso, all or part
of the $60,000,000 may be derived by transfer, notwith-
standing any other provision of law, from titles I, II, III,
and IV of this Act.
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For the cost, as defined in section 502 of the Congres-
sional Budget Act of 1974, of direct loans authorized by
section 23 of the Arms Export Control Act as follows: cost
of direct loans, $74,000,000: Provided, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans of not to exceed $759,500,000: Pro-
vided 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 of the
funds appropriated under this paragraph, a total of
$8,000,000 shall be available for assistance to Estonia, Lat-
via, and Lithuania: Provided further, That funds appro-
priated under this paragraph shall be made available for
Greece and Turkey only on a loan basis, and the principal
amount of direct loans for each country shall not exceed
the 
following: 
$122,500,000 
only 
for 
Greece 
and
$175,000,000 only for Turkey.
None of the funds made available under this heading
shall be available to finance the procurement of defense arti-
cles, 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 pro-
posing to make such procurements has first signed an agree-
ment with the United States Government specifying the
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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 none of the funds appropriated
under this heading shall be available for Sudan, Liberia,
and Guatemala: Provided further, That funds made avail-
able under this heading may be used, notwithstanding any
other provision of law, for activities related to the clearance
of landmines and unexploded ordnance, and may include
activities implemented through nongovernmental and inter-
national organizations: 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 grants, and funds made available
under this heading for grants may also be used to supple-
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ment the funds available under this heading for the cost
of direct 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 not more than $23,250,000
of the funds appropriated under this heading may be obli-
gated for necessary expenses, including the purchase of pas-
senger 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 $355,000,000 of funds realized pursuant to sec-
tion 21(e)(1)(A) of the Arms Export Control Act may be
obligated for expenses incurred by the Department of De-
fense during fiscal year 1998 pursuant to section 43(b) of
the Arms Export Control Act, except that this limitation
may be exceeded only through the regular notification pro-
cedures of the Committees on Appropriations.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$75,000,000: Provided, That none of the funds appropriated
under this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations: Provided further, That
none of the funds made available under this heading for
the Multilateral Force and Observers until the Secretary of
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State submits a report to the Committees on Appropriations
on the status of efforts to retain a new Director General
of that organization.
TITLE IV—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 Recon-
struction and Development by the Secretary of the Treas-
ury, for the United States contribution to the Global Envi-
ronment Facility (GEF), $60,000,000, to remain available
until September 30, 1999.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION
For payment to the International Development Asso-
ciation by the Secretary of the Treasury, $1,034,500,000,
to remain available until expended, of which $234,500,000
shall be available to pay for the tenth replenishment: Pro-
vided, That none of the funds may be obligated or made
available until the Secretary of the Treasury certifies to the
Committees on Appropriations that all procurement restric-
tions imposed by the Interim Trust Fund have been lifted
and that the balance available for open competition in such
Fund approximates $1,000,000,000.
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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,
$25,610,667, and for the United States share of the increase
in the resources of the Fund for Special Operations,
$20,835,000, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Inter-American De-
velopment Bank may subscribe without fiscal year limita-
tion to the callable capital portion of the United States
share of such capital stock in an amount not to exceed
$1,503,718,910.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Multi-
lateral Investment Fund by the Secretary of the Treasury,
for the United States contribution to the Fund to be admin-
istered 
by 
the 
Inter-American 
Development 
Bank,
$30,000,000 to remain available until expended, which shall
be available for contributions previously due.
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK
For payment to the Asian Development Bank by the
Secretary of the Treasury for the United States share of
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the paid-in portion of the increase in capital stock,
$13,221,596, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Asian Development
Bank may subscribe without fiscal year limitation to the
callable capital portion of the United States share of such
capital stock in an amount not to exceed $647,858,204.
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 Develop-
ment Bank Act, as amended (Public Law 89–369),
$150,000,000, of which $50,000,000 shall be available for
contributions previously due, to remain available until ex-
pended.
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,
$35,778,717, for the United States share of the paid-in por-
tion of the increase in capital stock, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fis-
cal year limitation to the callable capital portion of the
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United States share of such capital stock in an amount not
to exceed $123,237,803.
NORTH AMERICAN DEVELOPMENT BANK
For payment to the North American Development
Bank by the Secretary of the Treasury, for the United
States share of the paid-in portion of the capital stock,
$56,500,000, to remain available until expended: Provided,
That none of the funds appropriated under this heading
that are made available for the Community Adjustment and
Investment Program shall be used for purposes other than
those set out in the binational agreement establishing the
Bank.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the North American De-
velopment Bank may subscribe without fiscal year limita-
tion to the callable capital portion of the United States
share of the capital stock of the North American Develop-
ment Bank in an amount not to exceed $318,750,000.
INTERNATIONAL MONETARY PROGRAMS
LOANS TO INTERNATIONAL MONETARY FUND
For loans to the International Monetary Fund under
the New Arrangements to Borrow, the dollar equivalent of
2,462,000,000 Special Drawing Rights, to remain available
until expended; in addition, up to the dollar equivalent of
4,250,000,000 Special Drawing Rights previously appro-
priated by the Act of November 30, 1983 (Public Law 98–
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181), and the Act of October 23, 1962 (Public Law 87–872),
for the General Arrangements to Borrow, may also be used
for the New Arrangements to Borrow. Notwithstanding any
other provision of law, none of the funds appropriated
under this heading may be made available until the rel-
evant Committees of Congress have reviewed the new ar-
rangements for borrowing by the International Monetary
Fund provided for under this heading and authorizing leg-
islation for such borrowing has been enacted.
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 Par-
ticipation Act of 1973, $277,000,000: 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 not less than $5,000,000
shall be made available to the World Food Program: Pro-
vided 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 ac-
tivities in the People’s Republic of China: Provided further,
That not more than $25,000,000 of the funds appropriated
under this heading may be made available to the UNFPA:
Provided further, That with respect to any funds appro-
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priated 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 none of the funds appro-
priated under this heading may be made available to the
Korean Peninsula Energy Development Organization
(KEDO) or the International Atomic Energy Agency
(IAEA).
AUTHORIZATION REQUIREMENT FOR INTERNATIONAL
FINANCIAL INSTITUTIONS
(a) The Secretary of the Treasury may, to fulfill com-
mitments of the United States: (1) effect the United States
participation in the first general capital increase of the Eu-
ropean Bank for Reconstruction and Development, sub-
scribe to and make payment for 100,000 additional shares
of the capital stock of the Bank on behalf of the United
States; and (2) contribute on behalf of the United States
to the eleventh replenishment of the resources of the Inter-
national Development Association, to the sixth replenish-
ment of the resources of the Asian Development Fund, a
special fund of the Asian Development Bank. The following
amounts are authorized to be appropriated without fiscal
year limitation for payment by the Secretary of the Treas-
ury: 
(1) 
$285,772,500 
for 
paid-in 
capital, 
and
$984,327,500 for callable capital of the European Bank for
Reconstruction and Development; (2) $1,600,000,000 for the
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International Development Association; (3) $400,000,000
for the Asian Development Fund; and (4) $76,832,001 for
paid-in capital, and $4,511,156,729 for callable capital of
the Inter-American Development Bank in connection with
the eighth general increase in the resources of that Bank.
Each such subscription or contribution shall be subject to
obtaining the necessary appropriations.
(b) The authorizations under this section are subject
to the Senate Foreign Relations Committee reporting out
an authorization bill.
TITLE V—GENERAL PROVISIONS
ENTERPRISE FUND RESTRICTIONS
SEC. 501. Section 201(l) of the Support for East Euro-
pean Democracy Act (22 U.S.C. 5421(l)) is amended to
read as follows:
‘‘(l) LIMITATION ON PAYMENTS TO ENTERPRISE FUND
PERSONNEL.—
‘‘(1) No part of the funds of an Enterprise Fund
shall inure to the benefit of any board member, offi-
cer, or employee of such Enterprise Fund, except as
salary or reasonable compensation for services subject
to paragraph (2).
‘‘(2) An Enterprise Fund shall not pay com-
pensation for services to—
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‘‘(A) any board member of the Enterprise
Fund, except for services as a board member; or
‘‘(B) any firm, association, or entity in
which a board member of the Enterprise Fund
serves as partner, director, officer, or employee.
‘‘(3) Nothing in paragraph (2) shall preclude
payment for services performed before the date of en-
actment of this subsection.’’.
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 maxi-
mum extent possible, United States-owned foreign cur-
rencies 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 enter-
tainment expenses of the Agency for International Develop-
ment during the current fiscal year.
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LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $95,000 shall be avail-
able for representation allowances for the Agency for Inter-
national Development during the current fiscal year: Pro-
vided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned for-
eign currencies are utilized in lieu of dollars: Provided fur-
ther, That of the funds made available by this Act for gen-
eral 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 ‘‘Inter-
national 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 representa-
tion 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’’,
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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 
‘‘Nonproliferation,
Antiterrorism, Demining and Related Programs’’) pursu-
ant 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 tech-
nology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance directly any assistance or reparations
to Cuba, Iraq, Libya, North Korea, Iran, 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 mili-
tary coup or decree: Provided, That assistance may be re-
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sumed to such country if the President determines and re-
ports 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, except for transfers spe-
cifically provided for in this Act, 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.
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 title II of this Act are, if deobligated, hereby contin-
ued available for the same period as the respective appro-
priations under such headings or until September 30, 1998,
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
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Houses of the Congress are notified fifteen days in advance
of the reobligation of such funds in accordance with regular
notification procedures of the Committees on Appropria-
tions.
(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 1998.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in
this Act shall remain available for obligation after the expi-
ration of the current fiscal year unless expressly so provided
in this Act: Provided, That funds appropriated for the pur-
poses of chapters 1, 8, and 11 of part I, section 667, and
chapter 4 of part II of the Foreign Assistance Act of 1961,
as amended, and funds provided under the heading ‘‘Assist-
ance for Eastern Europe and the Baltic States’’, shall re-
main 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
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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 pur-
poses.
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 inter-
est 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 as-
sistance for Colombia, Bolivia, and Peru authorized by the
Foreign Assistance Act of 1961 or the Arms Export Control
Act.
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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 ca-
pacity is expected to become operative and if the assistance
will cause substantial 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 Assist-
ance Act of 1961 shall be available for any testing or breed-
ing feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connec-
tion with the growth or production in a foreign country
of an agricultural commodity for export which would com-
pete with a similar commodity grown or produced in the
United States: Provided, That this subsection shall not pro-
hibit—
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(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact in the export of agricul-
tural commodities of the United States; or
(2) research activities intended primarily to ben-
efit American producers.
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 Inter-
national Development Association, the International Fi-
nance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development
Bank, the Inter-American Investment Corporation, the
North American Development Bank, 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 avail-
able 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 substan-
tial injury to United States producers of the same, similar,
or competing commodity.
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NOTIFICATION REQUIREMENTS
SEC. 515. For the purpose of providing the Executive
Branch with the necessary administrative flexibility, none
of the funds made available under this Act for ‘‘Develop-
ment Assistance’’, ‘‘Debt restructuring’’, ‘‘International or-
ganizations 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 Devel-
opment’’, ‘‘Operating expenses of the Agency for Inter-
national Development Office of Inspector General’’, ‘‘Non-
proliferation, anti-terrorism, demining and related pro-
grams’’, ‘‘Foreign Military Financing Program’’, ‘‘Inter-
national military education and training’’, ‘‘Inter-Amer-
ican Foundation’’, ‘‘African Development Foundation’’,
‘‘Peace Corps’’, ‘‘Migration and refugee assistance’’, shall
be available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations
not justified or in excess of the amount justified to the Ap-
propriations 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
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into any commitment of funds appropriated for the pur-
poses of section 23 of the Arms Export Control Act for the
provision of major defense equipment, other than conven-
tional ammunition, or other major defense items defined
to be aircraft, ships, missiles, or combat vehicles, not pre-
viously 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 Assist-
ance Act of 1961 of less than 10 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 or any other Act, includ-
ing any prior 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
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the circumstances necessitating such waiver: Provided fur-
ther, That any notification provided pursuant to such a
waiver shall contain an explanation of the emergency cir-
cumstances.
Drawdowns made pursuant to section 506(a)(2) of the
Foreign Assistance Act of 1961 shall be subject to the regu-
lar notification procedures of the Committees on Appropria-
tions.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. 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 sec-
tion 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 list-
ed in section 620(f) of the Foreign Assistance Act of 1961,
as amended: Provided, That, subject to the regular notifica-
tion procedures of the Committees on Appropriations, funds
appropriated under this Act or any previously enacted Act
making appropriations for foreign operations, export fi-
nancing, 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
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of law, shall remain available for obligation through Sep-
tember 30, 1999.
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, Israel has in-
curred 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 Con-
gress declares that, subject to the availability of appropria-
tions, 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 inter-
ests in the region.
PROHIBITION ON FUNDING FOR 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 amend-
ed, may be used to pay for the performance of abortions
as a method of family planning or to motivate or coerce