H. R. 2159—31
United States Executive Director to such institution is compensated
by the institution at a rate which, together with whatever com-
pensation such Director receives from the United States, is in
excess of the rate provided for an individual occupying a position
at level IV of the Executive Schedule under section 5315 of title
5, United States Code, or while any alternate United States Director
to such institution is compensated by the institution at a rate
in excess of the rate provided for an individual occupying a position
at level V of the Executive Schedule under section 5316 of title
5, United States Code.
(b) For purposes of this section, ‘‘international financial
institutions’’ are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian
Development Bank, the Asian Development Fund, the African
Development Bank, the African Development Fund, the Inter-
national Monetary Fund, the North American Development Bank,
and the European Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ
SEC. 534. None of the funds appropriated or otherwise made
available pursuant to this Act to carry out the Foreign Assistance
Act of 1961 (including title IV of chapter 2 of part I, relating
to the Overseas Private Investment Corporation) or the Arms
Export Control Act may be used to provide assistance to any country
that is not in compliance with the United Nations Security Council
sanctions against Iraq unless the President determines and so
certifies to the Congress that—
(1) such assistance is in the national interest of the United
States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES
SEC. 535. Direct costs associated with meeting a foreign
customer’s additional or unique requirements will continue to be
allowable under contracts under section 22(d) of the Arms Export
Control Act. Loadings applicable to such direct costs shall be per-
mitted 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. 536. Title III of Public Law 103–306 is amended under
the heading ‘‘Special Defense Acquisition Fund’’ by striking ‘‘1998’’
and inserting ‘‘2000’’.
AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMERICAN
FOUNDATION AND THE AFRICAN DEVELOPMENT 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 appropriations for foreign operations,
export financing, and related programs, shall not be construed
to prohibit activities authorized by or conducted under the Peace
H. R. 2159—32
Corps Act, the Inter-American Foundation Act, or the African Devel-
opment Foundation Act. The appropriate agency shall promptly
report to the Committees on Appropriations whenever it is conduct-
ing activities or is proposing to conduct activities in a country
for which assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 538. None of the funds appropriated by this Act may
be obligated or expended to provide—
(1) any financial incentive to a business enterprise cur-
rently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States if
such incentive or inducement is likely to reduce the number
of employees of such business enterprise in the United States
because United States production is being replaced by such
enterprise outside the United States;
(2) assistance for the purpose of establishing or developing
in a foreign country any export processing zone or designated
area in which the tax, tariff, labor, environment, and safety
laws of that country do not apply, in part or in whole, to
activities carried out within that zone or area, unless the Presi-
dent determines and certifies that such assistance is not likely
to cause a loss of jobs within the United States; or
(3) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights,
as defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
or area in that country: Provided, That in recognition that
the application of this subsection should be commensurate with
the level of development of the recipient country and sector,
the provisions of this subsection shall not preclude assistance
for the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
SPECIAL AUTHORITIES
SEC. 539. (a) Funds appropriated in title II of this Act that
are made available for Afghanistan, Lebanon, and for victims of
war, displaced children, displaced Burmese, humanitarian assist-
ance 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.
(b) Funds appropriated by this Act to carry out the provisions
of sections 103 through 106 of the Foreign Assistance Act of 1961
may be used, notwithstanding any other provision of law, for the
purpose of supporting tropical forestry and energy programs aimed
at reducing emissions of greenhouse gases, and for the purpose
of supporting biodiversity conservation activities: Provided, That
such assistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
(c) The Agency for International Development may employ per-
sonal services contractors, notwithstanding any other provision of
law, for the purpose of administering programs for the West Bank
and Gaza.
(d)(1) WAIVER.—The President may waive the provisions of
section 1003 of Public Law 100–204 if the President determines
H. R. 2159—33
and certifies in writing to the Speaker of the House of Representa-
tives and the President pro tempore of the Senate that it is
important to the national security interests of the United States.
(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to paragraph (1) shall be effective for no more than a period of
six months at a time and shall not apply beyond twelve months
after enactment of this Act.
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 immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel;
(2) the decision by the Arab League in 1997 to reinstate
the boycott against Israel was deeply troubling and disappoint-
ing;
(3) the Arab League should immediately rescind 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;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and the
secondary and tertiary boycotts of American firms that
have commercial relations with Israel when determining
whether to sell weapons to said country;
(C) report to Congress on the specific steps being taken
by the President to bring about a public renunciation of
the Arab primary boycott of Israel and the secondary and
tertiary boycotts of American firms that have commercial
relations with Israel and to expand the process of normaliz-
ing ties between Arab League countries and Israel; and
(D) encourage the allies and trading partners of the
United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that
do comply.
ANTI-NARCOTICS ACTIVITIES
SEC. 541. (a) Of the funds appropriated or otherwise made
available by this Act for ‘‘Economic Support Fund’’, assistance may
be provided to strengthen the administration of justice in countries
in Latin America and the Caribbean 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 partici-
pants 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
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534(c) and the second sentence of section 534(e) of the Foreign
Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 542. (a) ASSISTANCE
THROUGH
NONGOVERNMENTAL
ORGANIZATIONS.—Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 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 applicable but for this
subsection, whether assistance in support of programs of nongovern-
mental organizations is in the national interest of the United States:
Provided further, That before using the authority of this subsection
to furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on Appro-
priations under the regular notification procedures of those commit-
tees, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall
be construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any other
Act.
(b) PUBLIC LAW 480.—During fiscal year 1998, restrictions
contained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Pro-
vided, That none of the funds appropriated to carry out title I
of such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign Assistance
Act or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally recognized
human rights.
EARMARKS
SEC. 543. (a) Funds appropriated by this Act which are ear-
marked may be reprogrammed for other programs within the same
account notwithstanding the earmark if compliance with the ear-
mark is made impossible by operation of any provision of this
or any other Act or, with respect to a country with which the
United States has an agreement providing the United States with
base rights or base access in that country, if the President deter-
mines that the recipient for which funds are earmarked has signifi-
cantly reduced its military or economic cooperation with the United
States since enactment of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1991; however, before
exercising the authority of this subsection with regard to a base
rights or base access country which has significantly reduced its